The Lawlessness of Lawyers

 Judge Parry is one of the men who have done mountains of good merely by being alive; while many judges act as if they were already dead, not to say ... but Judge Parry might misunderstand a misuse² of theological imagery. He is somewhat anti-clerical; which seems a waste of talent in a country where there is no clericalism. In his last book, Law and the Woman, I find much with which I do not agree, yet nothing which is not agreeable. Not only does he say everything with a disarming³ humour and candour; but even in error he never loses sight of the large fact: that sex relations do not depend on the exceptional action of law, but on the normal action of creed⁴ and custom. Alone among such lawyers he understands that the poor live on laughter as on a fairy-tale; and can be more scientifically studied in the fictions of Jacobs than the facts of Webb. I might pursue the view further than he on some points; as when he would infer the mere¹ enslavement of women from some stories about the selling of wives. He is doubtless correct in detail; but the rhyme he gives to prove his point may almost be said to disprove it. He quotes a jolly ballad⁵ about a man who tried to sell his wife with a halter round her neck and, failing to do so, tried to hang himself in the halter rather than go on living with her. Obviously this is simply the fable⁶ of the grey mare⁷; and does not mean that the man ruled his wife, but rather that she ruled him. I do not agree about divorce; but I am not going to argue about it here, or about any such problem of the sexes. This is partly because I should have to begin about the nature of a vow⁸, and it feels like talking to a judge about the nature of an oath, and might almost be contempt of court. But it is more, I hope, for the manlier⁹ reason that I do want to argue about something else.

I think this delightful¹⁰ book might really mislead by a view of progress which over-simplifies history: the view that “the thoughts of men are widened by the process of the suns”—a monotonous¹¹ process which cannot even widen itself. He begins his story of the subjection of women from the Bible story of Adam and Eve. He then proceeds at once to quote, not the Bible, but John Milton, and says it is almost exactly in the form “in which medi?val man was wont¹² to explain to medi?val woman the kind of thing she really was.” Now whatever Milton was, he was not medi?val. He was, in his own opinion and in real though relative truth, highly modern and rationalistic. And he would have regarded his somewhat contemptuous view of woman as part of his emancipation¹³ from medi?valism. Probably the very same attitude made him approve of divorce; and makes the difference between woman’s place in his epic¹⁴ and her place in Dante’s. On either side of that Gothic gateway¹⁵ of the Middle Ages out of which he had emerged (as he would have said) into the daylight, there had stood two symbolic¹⁶ statues of women, at least of equal importance in the scheme. One represented the weak woman by whom Satan had entered the world; the other the strong woman by whom God had entered the world. Milton and his Puritans deliberately¹⁷ battered¹⁸ and obliterated¹⁹ the image of the good woman and carefully preserved the bad woman, to be a standing²⁰ reproach to womanhood. But they unquestionably thought their anti-feminist²¹ iconoclasm was a great step in progress; and the fact illustrates²² what an uncommonly²³ crooked²⁴ and even backward path the path called progress has really been. Nor is it difficult to discover, even in the writer’s own account, whence this anti-feminism iconoclasm drew its force; which was certainly not merely from the Book of Genesis. Judge Parry says, perhaps disputably, that the rude Saxons had more legal regard for women than the Romans. But assuming for the sake of argument that the heathen Romans did give a low status to woman, they clearly cannot have got it either from the Hebrew Scriptures²⁵ or the medi?val Church. If he will ask where they did get it, he will probably also find where Milton got it. The truth is that there was an element of intellectual brutality²⁶ in the Renaissance²⁷ and revival²⁸ of the pagan world. The very worship of power and reason embodied²⁹ itself in a preference for the sex that was supposed superior in them. New tyrannies as well as new liberties were encouraged by the New Learning; and Cervantes was laughing at the unreal adventurer who fancied he was unchaining captives, at the very time when Hawkins, the real adventurer, was first leading negroes in chains.

Those chains may be linked up again presently in the chain of my own argument: here I use the matter merely to show the danger of trusting each ethical³⁰ fashion as it comes. There is one matter on which I would respectfully and seriously differ from Judge Parry; and that does not concern laws about women, but rather law itself. In praising the judgment³¹ in the Jackson Case, despite its technical irregularity, he speaks of a fine example of our judge-made law, and says: “But that is one of the sane³² and healthy attributes of our judicial³³ system. There comes a breaking-point where a great judge recognizes that the precedents³⁵ in the books are obsolete³⁶, and what has to be stated is the justice of the case according to the now existing standard of human righteousness.” Now it is surely as plain as a pikestaff that this doctrine³⁷ makes a small number of very wealthy old gentlemen in wigs³⁸ absolute despots over the whole commonwealth³⁹. The Emperor of China was supposed to state the justice of the case. The Sultan of the Indies was supposed to judge by the existing standard of human righteousness. If the judges are not restrained by the law, what are they restrained by, which every autocrat⁴⁰ on earth has not claimed to be restrained by?

Now there is certainly a case for personal and arbitrary government; and as there are good sultans, so there are good judges. I should not be afraid to appear before Judge Parry (if I may presume to imagine myself innocent) though he were surrounded with janissaries in a secret divan⁴¹, or delivering dooms⁴² under an oak tree in a wild, prehistoric⁴³ forest. I should not mind his having the power to skin me or boil me in oil; for I feel sure he would “recognize that these precedents were obsolete” and not do it. But it is by no means true that the confidence I should feel in Judge Parry would be extended to any judge who talked about obsolete precedents and human righteousness. Quite the contrary, if anything. I trust him because he often takes the side of the under-dog. I should not trust a man who always took the side of the opinion which happened to be top-dog. He understood, for instance, the case for “Pro-Boers”; but in the mafficking time a dozen great judges would have strained any law to make a case against Pro-Boers. Feminism was the fashion and may have produced some acts of justice; but Imperialism⁴⁴ was also the fashion and might have produced any acts of any injustice⁴⁵. There is, let us suppose, an old statute⁴⁶ that certain prisoners may be tortured for evidence; but the judges disregard it, and Judge Parry is satisfied. But there are three very vital reasons why he should not be satisfied. First, it encourages legislators to be lazy and leave a bad statute they ought to repeal⁴⁷. Second, they leave it so that it can be resharpened in some reaction or panic against particular people, who will be tortured. And third, and most important of all, the same judge who has said that prisoners must not be tortured for evidence may say some fine morning that prisoners may be vivisected for scientific inquiry⁴⁸; and he may have the same reason for saying the one as the other, the simple reason that such talk is fashionable in his set. And the set is very small and very rich; we are dealing⁴⁹ strictly⁵⁰ with fashion and not even, in any large sense, with public opinion. The standards of that world are often special and sometimes rather secretive. Judge Parry even quotes a “paradox” of Lord Reading to the effect that persons like himself should administer justice and not law. Law is narrow and national, and might possibly lead a British Minister to look no further than the British Parliament as an appropriate place for telling the truth. But justice, being international and surveying the world from China to Peru, perceives without difficulty the office of the one particular Parisian newspaper which has the right to insist on an explanation.

But the vital point is this. Judge Parry gives the instance of a judgment in which Mansfield, overriding⁵¹ certain remote precedents and quaint⁵² survivals, declared that there cannot be slaves in England. I am sorry to mention such a detail, but the fact is that the same judge made law is now declaring in the same way that there can be slaves in England. A magistrate⁵³ has forbidden men to leave an employer, though the contract had admittedly terminated. Practical courts are overriding the obsolete and remote precedent³⁴ of some man, far in the mists of medi?valism, who is said to have made a free contract with a wealthier fellow-creature. They are disregarding the quaint survivals in our language, whereby the hand holding the tool is described as “his” hand. Our more vivid modern speech calls the man himself a hand; merely one of the many hands of his Briarean master. “There comes a breaking-point”; and it is liberty that is broken.

Whether the silent millions approve this judgment, or the other judgments⁵⁴, liberal or servile, feminist or anti-feminist, which Judge Parry quotes, I will not debate, but I leave the query⁵⁵ to his very fair consideration. For if those silent millions spoke⁵⁶, I fancy they would surprise us in many matters, but most of all in the discovery of how little they think of all of us, judges, lawyers, literary fellows, and the rest. But I am very certain that Judge Parry would be found among the few, among the very few, who amid all the insolence⁵⁷ of our inconsistencies have never lost that rare and even awful thing, the respect of the poor.

1 mere   

adj.纯粹的；仅仅，只不过

参考例句：

• That is a mere repetition of what you said before.那不过是重复了你以前讲的话。
• It's a mere waste of time waiting any longer.再等下去纯粹是浪费时间。

2 misuse   

n.误用，滥用；vt.误用，滥用

参考例句：

• It disturbs me profoundly that you so misuse your talents.你如此滥用自己的才能，使我深感不安。
• He was sacked for computer misuse.他因滥用计算机而被解雇了。

3 disarming   

adj.消除敌意的，使人消气的v.裁军( disarm的现在分词 )；使息怒

参考例句：

• He flashed her a disarming smile. 他朝她笑了一下，让她消消气。 来自《简明英汉词典》
• We will agree to disarming troops and leaving their weapons at military positions. 我们将同意解除军队的武装并把武器留在军事阵地。 来自辞典例句

4 creed   

n.信条；信念，纲领

参考例句：

• They offended against every article of his creed.他们触犯了他的每一条戒律。
• Our creed has always been that business is business.我们的信条一直是公私分明。

5 ballad   

n.歌谣，民谣，流行爱情歌曲

参考例句：

• This poem has the distinctive flavour of a ballad.这首诗有民歌风味。
• This is a romantic ballad that is pure corn.这是一首极为伤感的浪漫小曲。

6 fable   

n.寓言；童话；神话

参考例句：

• The fable is given on the next page. 这篇寓言登在下一页上。
• He had some motive in telling this fable. 他讲这寓言故事是有用意的。

7 mare   

n.母马，母驴

参考例句：

• The mare has just thrown a foal in the stable.那匹母马刚刚在马厩里产下了一只小马驹。
• The mare foundered under the heavy load and collapsed in the road.那母马因负载过重而倒在路上。

8 vow   

n.誓(言)，誓约；v.起誓，立誓

参考例句：

• My parents are under a vow to go to church every Sunday.我父母许愿，每星期日都去做礼拜。
• I am under a vow to drink no wine.我已立誓戒酒。

9 manlier   

manly（有男子气概的）的比较级形式

参考例句：

• The man did work that was thought to be manlier. He was a logger. 老先生做的是一般认为较适合男性的工作-当一名樵夫。

10 delightful   

adj.令人高兴的，使人快乐的

参考例句：

• We had a delightful time by the seashore last Sunday.上星期天我们在海滨玩得真痛快。
• Peter played a delightful melody on his flute.彼得用笛子吹奏了一支欢快的曲子。

11 monotonous   

adj.单调的，一成不变的，使人厌倦的

参考例句：

• She thought life in the small town was monotonous.她觉得小镇上的生活单调而乏味。
• His articles are fixed in form and monotonous in content.他的文章千篇一律，一个调调儿。

12 wont   

adj.习惯于；v.习惯；n.习惯

参考例句：

• He was wont to say that children are lazy.他常常说小孩子们懒惰。
• It is his wont to get up early.早起是他的习惯。

13 emancipation   

n.（从束缚、支配下）解放

参考例句：

• We must arouse them to fight for their own emancipation. 我们必须唤起他们为其自身的解放而斗争。 来自《简明英汉词典》
• They rejoiced over their own emancipation. 他们为自己的解放感到欢欣鼓舞。 来自《简明英汉词典》

14 epic   

n.史诗，叙事诗；adj.史诗般的，壮丽的

参考例句：

• I gave up my epic and wrote this little tale instead.我放弃了写叙事诗，而写了这个小故事。
• They held a banquet of epic proportions.他们举行了盛大的宴会。

15 gateway   

n.大门口，出入口，途径，方法

参考例句：

• Hard work is the gateway to success.努力工作是通往成功之路。
• A man collected tolls at the gateway.一个人在大门口收通行费。

16 symbolic   

adj.象征性的，符号的，象征主义的

参考例句：

• It is symbolic of the fighting spirit of modern womanhood.它象征着现代妇女的战斗精神。
• The Christian ceremony of baptism is a symbolic act.基督教的洗礼仪式是一种象征性的做法。

17 deliberately   

adv.审慎地；蓄意地；故意地

参考例句：

• The girl gave the show away deliberately.女孩故意泄露秘密。
• They deliberately shifted off the argument.他们故意回避这个论点。

18 battered   

adj.磨损的；v.连续猛击；磨损

参考例句：

• He drove up in a battered old car.他开着一辆又老又破的旧车。
• The world was brutally battered but it survived.这个世界遭受了惨重的创伤,但它还是生存下来了。

19 obliterated   

v.除去( obliterate的过去式和过去分词 )；涂去；擦掉；彻底破坏或毁灭

参考例句：

• The building was completely obliterated by the bomb. 炸弹把那座建筑物彻底摧毁了。
• He began to drink, drank himself to intoxication, till he slept obliterated. 他一直喝，喝到他快要迷糊地睡着了。 来自《简明英汉词典》

20 standing   

n.持续，地位；adj.永久的，不动的，直立的，不流动的

参考例句：

• After the earthquake only a few houses were left standing.地震过后只有几幢房屋还立着。
• They're standing out against any change in the law.他们坚决反对对法律做任何修改。

21 feminist   

adj.主张男女平等的，女权主义的

参考例句：

• She followed the feminist movement.她支持女权运动。
• From then on,feminist studies on literature boomed.从那时起，男女平等受教育的现象开始迅速兴起。

22 illustrates   

给…加插图( illustrate的第三人称单数 )； 说明； 表明； （用示例、图画等）说明

参考例句：

• This historical novel illustrates the breaking up of feudal society in microcosm. 这部历史小说是走向崩溃的封建社会的缩影。
• Alfred Adler, a famous doctor, had an experience which illustrates this. 阿尔弗莱德 - 阿德勒是一位著名的医生，他有过可以说明这点的经历。 来自中级百科部分

23 uncommonly   

adv. 稀罕(极，非常)

参考例句：

• an uncommonly gifted child 一个天赋异禀的儿童
• My little Mary was feeling uncommonly empty. 我肚子当时正饿得厉害。

24 crooked   

adj.弯曲的；不诚实的，狡猾的，不正当的

参考例句：

• He crooked a finger to tell us to go over to him.他弯了弯手指，示意我们到他那儿去。
• You have to drive slowly on these crooked country roads.在这些弯弯曲曲的乡间小路上你得慢慢开车。

25 scriptures   

经文，圣典( scripture的名词复数 )； 经典

参考例句：

• Here the apostle Peter affirms his belief that the Scriptures are 'inspired'. 使徒彼得在此表达了他相信《圣经》是通过默感写成的。
• You won't find this moral precept in the scriptures. 你在《圣经》中找不到这种道德规范。

26 brutality   

n.野蛮的行为，残忍，野蛮

参考例句：

• The brutality of the crime has appalled the public. 罪行之残暴使公众大为震惊。
• a general who was infamous for his brutality 因残忍而恶名昭彰的将军

27 renaissance   

n.复活，复兴，文艺复兴

参考例句：

• The Renaissance was an epoch of unparalleled cultural achievement.文艺复兴是一个文化上取得空前成就的时代。
• The theme of the conference is renaissance Europe.大会的主题是文艺复兴时期的欧洲。

28 revival   

n.复兴，复苏，（精力、活力等的）重振

参考例句：

• The period saw a great revival in the wine trade.这一时期葡萄酒业出现了很大的复苏。
• He claimed the housing market was showing signs of a revival.他指出房地产市场正出现复苏的迹象。

29 embodied   

v.表现( embody的过去式和过去分词 )；象征；包括；包含

参考例句：

• a politician who embodied the hopes of black youth 代表黑人青年希望的政治家
• The heroic deeds of him embodied the glorious tradition of the troops. 他的英雄事迹体现了军队的光荣传统。 来自《简明英汉词典》

30 ethical   

adj.伦理的，道德的，合乎道德的

参考例句：

• It is necessary to get the youth to have a high ethical concept.必须使青年具有高度的道德观念。
• It was a debate which aroused fervent ethical arguments.那是一场引发强烈的伦理道德争论的辩论。

31 judgment   

n.审判；判断力，识别力，看法，意见

参考例句：

• The chairman flatters himself on his judgment of people.主席自认为他审视人比别人高明。
• He's a man of excellent judgment.他眼力过人。

32 sane   

adj.心智健全的，神志清醒的，明智的，稳健的

参考例句：

• He was sane at the time of the murder.在凶杀案发生时他的神志是清醒的。
• He is a very sane person.他是一个很有头脑的人。

33 judicial   

adj.司法的，法庭的，审判的，明断的，公正的

参考例句：

• He is a man with a judicial mind.他是个公正的人。
• Tom takes judicial proceedings against his father.汤姆对他的父亲正式提出诉讼。

34 precedent   

n.先例，前例；惯例；adj.在前的，在先的

参考例句：

• Is there a precedent for what you want me to do?你要我做的事有前例可援吗？
• This is a wonderful achievement without precedent in Chinese history.这是中国历史上亘古未有的奇绩。

35 precedents   

引用单元； 范例( precedent的名词复数 )； 先前出现的事例； 前例； 先例

参考例句：

• There is no lack of precedents in this connection. 不乏先例。
• He copied after bad precedents. 他仿效恶例。

36 obsolete   

adj.已废弃的，过时的

参考例句：

• These goods are obsolete and will not fetch much on the market.这些货品过时了，在市场上卖不了高价。
• They tried to hammer obsolete ideas into the young people's heads.他们竭力把陈旧思想灌输给青年。

37 doctrine   

n.教义；主义；学说

参考例句：

• He was impelled to proclaim his doctrine.他不得不宣扬他的教义。
• The council met to consider changes to doctrine.宗教议会开会考虑更改教义。

38 wigs   

n.假发，法官帽( wig的名词复数 )

参考例句：

• They say that wigs will be coming in again this year. 据说今年又要流行戴假发了。 来自辞典例句
• Frank, we needed more wigs than we thought, and we have to do some advertising. 弗兰克，因为我们需要更多的假发，而且我们还要做点广告。 来自电影对白

39 commonwealth   

n.共和国，联邦，共同体

参考例句：

• He is the chairman of the commonwealth of artists.他是艺术家协会的主席。
• Most of the members of the Commonwealth are nonwhite.英联邦的许多成员国不是白人国家。

40 autocrat   

n.独裁者；专横的人

参考例句：

• He was an accomplished politician and a crafty autocrat.他是个有造诣的政治家，也是个狡黠的独裁者。
• The nobles tried to limit the powers of the autocrat without success.贵族企图限制专制君主的权力,但没有成功。

41 divan   

n.长沙发；（波斯或其他东方诗人的）诗集

参考例句：

• Lord Henry stretched himself out on the divan and laughed.亨利勋爵伸手摊脚地躺在沙发椅上，笑着。
• She noticed that Muffat was sitting resignedly on a narrow divan-bed.她看见莫法正垂头丧气地坐在一张不宽的坐床上。

42 dooms   

v.注定( doom的第三人称单数 )；判定；使…的失败（或灭亡、毁灭、坏结局）成为必然；宣判

参考例句：

• The ill-advised conceit of the guardian angel dooms the film from the start. 对守护天使的蹩脚设计弄巧成拙，从一开始就注定这部电影要失败。
• The dooms of the two are closely linked. 一条线拴俩蚂蚱。 来自《现代汉英综合大词典》

43 prehistoric   

adj.（有记载的）历史以前的，史前的，古老的

参考例句：

• They have found prehistoric remains.他们发现了史前遗迹。
• It was rather like an exhibition of prehistoric electronic equipment.这儿倒像是在展览古老的电子设备。

44 imperialism   

n.帝国主义，帝国主义政策

参考例句：

• They held the imperialism in contempt.他们鄙视帝国主义。
• Imperialism has not been able to subjugate China.帝国主义不能征服中国。

45 injustice   

n.非正义，不公正，不公平，侵犯（别人的）权利

参考例句：

• They complained of injustice in the way they had been treated.他们抱怨受到不公平的对待。
• All his life he has been struggling against injustice.他一生都在与不公正现象作斗争。

46 statute   

n.成文法，法令，法规；章程，规则，条例

参考例句：

• Protection for the consumer is laid down by statute.保障消费者利益已在法令里作了规定。
• The next section will consider this environmental statute in detail.下一部分将详细论述环境法令的问题。

47 repeal   

n.废止，撤消；v.废止，撤消

参考例句：

• He plans to repeal a number of current policies.他计划废除一些当前的政策。
• He has made out a strong case for the repeal of the law.他提出强有力的理由，赞成废除该法令。

48 inquiry   

n.打听，询问，调查，查问

参考例句：

• Many parents have been pressing for an inquiry into the problem.许多家长迫切要求调查这个问题。
• The field of inquiry has narrowed down to five persons.调查的范围已经缩小到只剩5个人了。

49 dealing   

n.经商方法，待人态度

参考例句：

• This store has an excellent reputation for fair dealing.该商店因买卖公道而享有极高的声誉。
• His fair dealing earned our confidence.他的诚实的行为获得我们的信任。

50 strictly   

adv.严厉地，严格地；严密地

参考例句：

• His doctor is dieting him strictly.他的医生严格规定他的饮食。
• The guests were seated strictly in order of precedence.客人严格按照地位高低就座。

51 overriding   

a.最主要的

参考例句：

• Development is of overriding importance. 发展是硬道理
• My overriding concern is to raise the standards of state education. 我最关心的是提高国民教育水平。

52 quaint   

adj.古雅的，离奇有趣的，奇怪的

参考例句：

• There were many small lanes in the quaint village.在这古香古色的村庄里，有很多小巷。
• They still keep some quaint old customs.他们仍然保留着一些稀奇古怪的旧风俗。

53 magistrate   

n.地方行政官，地方法官，治安官

参考例句：

• The magistrate committed him to prison for a month.法官判处他一个月监禁。
• John was fined 1000 dollars by the magistrate.约翰被地方法官罚款1000美元。

54 judgments   

判断( judgment的名词复数 )； 鉴定； 评价； 审判

参考例句：

• A peculiar austerity marked his judgments of modern life. 他对现代生活的批评带着一种特殊的苛刻。
• He is swift with his judgments. 他判断迅速。

55 query   

n.疑问，问号，质问；vt.询问，表示怀疑

参考例句：

• I query very much whether it is wise to act so hastily.我真怀疑如此操之过急地行动是否明智。
• They raised a query on his sincerity.他们对他是否真诚提出质疑。

56 spoke   

n.（车轮的）辐条；轮辐；破坏某人的计划；阻挠某人的行动 v.讲，谈（speak的过去式）；说；演说；从某种观点来说

参考例句：

• They sourced the spoke nuts from our company.他们的轮辐螺帽是从我们公司获得的。
• The spokes of a wheel are the bars that connect the outer ring to the centre.辐条是轮子上连接外圈与中心的条棒。

57 insolence   

n.傲慢；无礼；厚颜；傲慢的态度

参考例句：

• I've had enough of your insolence, and I'm having no more. 我受够了你的侮辱，不能再容忍了。 来自《现代汉英综合大词典》
• How can you suffer such insolence? 你怎么能容忍这种蛮横的态度？ 来自《简明英汉词典》