The American Commonwealth: Vol. 4: Illustrations and Reflections & Social Institutions by James Bryce

Author:James Bryce [Bryce, James]
Language: eng
Format: epub
Tags: Politikwissenschaft
Publisher: Jazzybee Verlag
Published: 2017-08-10T22:00:00+00:00

CHAPTER CII. THE BENCH

So much has already been said regarding the constitution and jurisdiction of the various courts, Federal and State, that what remains to be stated regarding the judicial bench need refer only to its personal and social side. What is the social standing of the judges, the average standard of their learning and capacity, their integrity and fidelity in the discharge of functions whose gravity seems to increase with the growth of wealth?

The English reader who wishes to understand the American judiciary ought to begin by realizing the fact that his conception of a judge is purely English, not applicable to any other country. For some centuries Englishmen have associated the ideas of power, dignity, and intellectual eminence with the judicial office; a tradition, shorter no doubt, but still of respectable length, has made them regard it as incorruptible. The judges are among the greatest permanent officials of the state. They have earned their place by success, more or less brilliant, but most always considerable, in the struggles of the Bar; they are removable by the Crown only upon an address of both Houses of Parliament; they enjoy large incomes and great social respect. Some of them sit in the House of Lords; some are members of the Privy Council. When they traverse the country on their circuits, they are received by the High Sheriff of each county with the ceremonious pomp of the Middle Ages, and followed hither and thither by admiring crowds. The criticisms of an outspoken press rarely assail their ability, hardly ever their fairness. Even the Bar, which watches them daily, which knows all their ins and outs (to use an American phrase) both before and after their elevation, treats them' with more respect than is commonly shown by the clergy to the bishops. Thus the English form their conception of the judge as a personage necessarily and naturally dignified and upright; and, having formed it, they carry it abroad with them like their notions of land tenure and other insular conceptions, and are astonished when they find that it does not hold in other countries. It is a fine and fruitful conception, and one which one might desire to see accepted everywhere, though it has been secured at the cost of compelling litigants to carry to London much business which in other countries would have been dealt with in local courts. But it is peculiar to England; the British judge is as abnormal as the British Constitution, and owes his character to a not less curious and complex combination of conditions. In most parts of the Continent the judge, even of the superior courts, does not hold a very high social position. He is not chosen from the ranks of the Bar, and has not that community of feeling with it which England has found so valuable. Its leaders outshine him in France; the famous professors of law often exert a greater authority in Germany. His independence, and even purity, are tot always above suspicion.

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