What is Coming? A Forecast of Things after the War

by H. G. Wells

It is with a modest blush that the present prophet recapitulates these charges. So early as the year 1902 he was lifting up his voice, not exactly in the wilderness but at least in the Royal Institution, against the legal as compared with the creative or futurist type of mind. The legal mind, he insisted, looks necessarily to the past. It is dilatory because it has no sense of coming things, it is uninventive and wasteful, it does not create, it takes advantage. It is the type of mind least able, under any circumstances, to organise great businesses, to plan campaigns, to adventure or achieve. "Wait and see" crystallises its spirit. Its resistance is admirable, and it has no "go." Nevertheless there is a tendency for power to gravitate in all democratic countries to the lawyer.

In the British system the normal faults of the lawyer are enhanced, and his predominance intensified, by certain peculiarities of our system. In the first place, he belongs to a guild of exceptional power. In Britain it happens that the unfortunate course was taken ages ago of bribing the whole legal profession to be honest. The British judges and law officers are stupendously overpaid in order to make them incorruptible; it is a poor but perhaps a well-merited compliment to their professional code. We have squared the whole profession to be individually unbribable.

The judges, moreover, in the Anglo-Saxon communities are appointed from among the leading barristers, an arrangement that a child can see is demoralising and inadvisable. And in Great Britain all the greatest salaries in the government service are reserved for the legal profession. The greatest prizes, therefore, before an energetic young man who has to make his way in Great Britain are the legal prizes, and his line of advancement to these lies, for all the best years of his life, not through the public service, but through the private practice of advocacy. The higher education, such as it is, in Great Britain, produces under the stimulus of these conditions an advocate as its finest flower. To go from the posing and chatter of the Union Debating Society to a university laboratory is, in Britain, to renounce ambition. Few men of exceptional energy will do that.

The national consequences of this state of affairs have been only too manifest throughout the conduct of the war. The British Government has developed all the strength and all the weakness of the great profession it represents. It has been uninventive, dilatory, and without initiative; it has been wasteful and evasive; but it has not been wanting in a certain eloquence and dignity, it has been wary and shrewd, and it has held on to office with the concentrated skill and determination of a sucker-fish. And the British mind, with a concentration and intensity unprecedented before the war, is speculating how it can contrive to get a different sort of ruler and administrator at work upon its affairs.

There is a disposition in the Press, and much of the private talk one hears, to get rid of lawyers from the control of national affairs altogether, to substitute "business men" or scientific men or "experts." That way lies dictatorship and Caesarism. And even Great Britain is not so heedless of the experiences of other nations as to attempt again what has already been so abundantly worked out in national disaster across the Channel. The essential business of government is to deal between man and man; it is not to manage the national affairs in detail, but to secure the proper managers, investigators, administrators, generals, and so forth, to maintain their efficiency, and keep the balance between them. We cannot do without a special class of men for these interventions and controls. In other words, we cannot do without a special class of politicians. They may be elected by a public or appointed by an autocrat; at some point they have to come in. And this business of intervening between men and classes and departments in public life, and getting them to work together, is so closely akin to the proper work of a lawyer in dealing between men and men, that, unless the latter are absolutely barred from becoming the former, it is almost unavoidable that politicians should be drawn more abundantly from the lawyer class than from any other class in the community.

This is so much the case, that when the London Times turns in despair from a government of lawyers and looks about for an alternative, the first figure that presents itself is that distinguished advocate Sir Edward Carson!

But there is a difference between recognising that some sort of lawyer-politician is unavoidable and agreeing that the existing type of lawyer who is so largely accountable for the massive slowness, the confused action, the slovenliness rather than the weakness of purpose, shown by Great Britain in this war, is the only possible type, The British system of education and legal organisation is not the last word of human wisdom in these matters.

The real case we British have against our lawyers, if I may adopt an expressive colloquialism, is not that they are lawyers, but that they are such infernal lawyers. They trail into modern life most of the faults of a mediaeval guild. They seem to have no sense of the State they could develop, no sense of the future they might control. Their law and procedure has never been remodelled upon the framework of modern ideas; their minds are still set to the tune of mediaeval bickerings, traditionalism, and State blindness. They are mystery dealers, almost unanimously they have resisted giving the common man the protection of a code.

In the United Kingdom we have had no Napoleon to override the profession. It is extraordinary how complete has been their preservation of barbaric conceptions. Even the doctor is now largely emancipated from his archaic limitations as a skilled retainer. He thinks more and more of the public health, and less and less of his patron. The more recent a profession the less there is of the individualistic personal reference; scientific research, for example, disavows and forbids every personal reference.

But while everyone would be shocked at some great doctor, or some great research institution, in these days of urgent necessity spending two or three weeks on the minor ailments of some rich person's lapdog, nobody is scandalised at the spectacle of Sir Edward Carson and a costly law court spending long days upon the sordid disputes that centre upon young Master Slingsby's ear--whether it is the Slingsby family ear or the ear of a supposititious child--a question that any three old women might be trusted to settle. After that he rests for a fortnight and recuperates, and returns--to take up a will case turning upon the toy rabbits and suchlike trifles which entertained the declining years of a nonagenarian. This, when we are assured that the country awaits Sir Edward as its Deliverer. It is as if Lord Kitchener took a month off to act at specially high rates for the "movies." Our standard for the lawyer is older and lower than it is for other men.