Chapter 19

More Books

"Your courts must have an easy time of it," I observed. "With no private property to speak of, no disputes between citizens over business relations, no real estate to divide or debts to collect, there must be absolutely no civil business at all for them; and with no offenses against property, and mighty few of any sort to provide criminal cases, I should think you might almost do without judges and lawyers altogether."

"We do without the lawyers, certainly," was Dr. Leete's reply. "It would not seem reasonable to us, in a case where the only interest of the nation is to find out the truth, that persons should take part in the proceedings who had an acknowledged motive to color it."

"But who defends the accused?"

"If he is a criminal he needs no defense, for he pleads guilty in most instances," replied Dr. Leete. "The plea of the accused is not a mere formality with us, as with you. It is usually the end of the case."

"You don't mean that the man who pleads not guilty is thereupon discharged?"

"No, I do not mean that. He is not accused on light grounds, and if he denies his guilt, must still be tried. But trials are few, for in most cases the guilty man pleads guilty. When he makes a false plea and is clearly proved guilty, his penalty is doubled. Falsehood is, however, so despised among us that few offenders would lie to save themselves."

"That is the most astounding thing you have yet told me," I exclaimed. "If lying has gone out of fashion, this is indeed the `new heavens and the new earth wherein dwelleth righteousness,' which the prophet foretold."

"Such is, in fact, the belief of some persons nowadays," was the doctor's answer. "They hold that we have entered upon the millennium, and the theory from their point of view does not lack plausibility. But as to your astonishment at finding that the world has outgrown lying, there is really no ground for it. Falsehood, even in your day, was not common between gentlemen and ladies, social equals. The lie of fear was the refuge of cowardice, and the lie of fraud the device of the cheat. The inequalities of men and the lust of acquisition offered a constant premium on lying at that time. Yet even then, the man who neither feared another nor desired to defraud him scorned falsehood. Because we are now all social equals, and no man either has anything to fear from another or can gain anything by deceiving him, the contempt of falsehood is so universal that it is rarely, as I told you, that even a criminal in other respects will be found willing to lie. When, however, a plea of not guilty is returned, the judge appoints two colleagues to state the opposite sides of the case. How far these men are from being like your hired advocates and prosecutors, determined to acquit or convict, may appear from the fact that unless both agree that the verdict found is just, the case is tried over, while anything like bias in the tone of either of the judges stating the case would be a shocking scandal."