The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
From My Commonplace Book, No. 3
[Random clippings from my collection - see No. 1 for a brief explanation/No. 2]
This is the Court of Chancery, which has its decaying houses and its blighted lands in every shire, which has its worn-out lunatic in every madhouse and its dead in every churchyard, which has its ruined suitor with his slipshod heels and threadbare dress borrowing and begging through the round of every man's acquaintance, which gives to monied might the means abundantly of wearying out the right, which so exhausts finances, patience, courage, hope, so overthrows the brain and breaks the heart, that there is not an honourable man among its practitioners who would not give—who does not often give—the warning, "Suffer any wrong that can be done you rather than come here!"
This tidy 115-word sentence - and I had to read it over to convince myself that it is indeed just one sentence - comes, as I'm sure many of you suspected, from Charles Dickens' Bleak House. If you have not read it, I highly recommend it; if you are a lawyer or law professor and have not read it, I am afraid I have to insist that you do so. Shakespeare may have written "The first thing we do, let's kill all the lawyers," but it's not at all clear, in context, that he really meant it, even figuratively. Dickens meant it. Bleak House's description of a legal system gone amok is truly chilling - instead of just declaring that we should kill all the lawyers, he makes the reader want to kill all the lawyers. [Figuratively speaking, of course] And his descriptions of life in London in the mid-1800s are extraordinary, positively … Dickensian.
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Dickens wrote a short story about the UK patent system. While Clemens prized the US patent system, Dickens scorned that of the UK.
The Polish epic poem Pan Tadeusz has a backstory, which is a lawsuit, and Merchant of Venice is based in contract law. Other law-based literature include Tod’s Amendment by Kipling, The Winslow Boy, and Summer of the Gods.
Charles Harness's "Venetian Court" (one of his weaker novels, TBH) and this Pohl & Kornbluth classic: https://en.wikipedia.org/wiki/Gladiator-At-Law
Dickens had been apprenticed to a lawyer. A scene in David Copperfield (I think) has him handing in a brief. The lawyer says, "It's too short". He responds, "It covers all the points." "But you don't make much money that way!"
Not the exact words, but that was the gist.
As my avatar said: the law is a ass, a idiot.
Wonder if it is the law, lawyers or equal parts of both?
From the David Lean film: http://farm1.static.flickr.com/191/441246701_ba5150c33c_o.jpg
“What American has not uttered a curse in his heart against lawyers? We have created them in numbers beyond reason, and allowed them into every comer of our lives. Like priests in the Middle Ages, they hover over the essential rites of our civilization, talking, talking, talking. Humbly, we receive their blessing as they add suspicion and unnatural caution to all our relationships, whether personal or professional. They have altered intellectual life and public discourse as well. At times, legal reasoning begins to supplant reason itself, and the triumphs and defeats of lawyers replace justice. The result of our general surrender is clear enough. Lawyers have gained an imperial sense of their own importance. They are everywhere, safe in the knowledge that they are needed.”
This is David Denby in New York Magazine, 8/1/94 issue, in his review of the movie “The Client”. As soon as I read it I circulated it to some of the other associates at the firm I was working at. I was sacked a couple of months later, probably not for that reason.
Wow. That paragraph is going into my collection ...
DGP
Not quite true, Dickens criticized the "legal morass" exemplified by probate courts and debtor's prisons as well as some unethical lawyers who abused the law for fees. Pickwick Papers examines these problems and ridicules such lawyers however Pickwick's counselor Mr. Perker is portrayed as a wise, modest lawyer offering sage counsel to his longtime client. Dickens understood the failing of lawyers and the legal system as well as the benefit of prudent counsel.
Bleak House is my favorite Dickens novel. I especially like the character Mr. Tulkinghorn, the lawyer for Lord and Lady Leicester who is described as the inscrutable keeper of the secrets of his many wealthy and titled clients.
I have been fortunate enough - or not- to work with large law firm venerable senior partners who possess the Tulkinghorn aura of knowing secrets not known by the ordinary among us. Dickens captures the otherworldly sense of the mysterious.
Here's a shyster lawyer mystery: The Confessions of Artemas Quibble. It was first published in 1911.
https://www.google.com/books/edition/THE_CONFESSIONS_OF_ARTEMAS_QUIBBLE_Legal/aTc2DQAAQBAJ?hl=en&gbpv=1&dq=confessions+of+artemas+quibble&printsec=frontcover
If you read the first chapter of Bleak House, you will likely be inspired to keep going, especially after reading the description of Jarndyce against Jarndyce about halfway into the chapter. (A senior partner once cheekily cited to it in an appellate brief.)
BLEAK HOUSE was almost mesmerising to me. I couldn't lay it down, spent hours reading it when I had work to do. I lmao when everybody was trying to find out what the foul stench was... and the slimy fluids all over the woodwork, doorknobs, and the walls from Krook's spontaneous combustion. It wasn't supposed to be all that funny but it was.
I read most of Dickens's novels, but BH was my favorite. I read GREAT EXPECTATIONS in college, and then again a few years ago and cried all the way through it. Anyone who hasn't read DC, THE OLD CURIOSITY SHOP, CHUZZLEWIT, OLIVER TWIST, PICKWICK, and A CHRISTMAS CAROL has missed out on something so precious but so free and so great, so unforgettable. Before I die I want to read the rest of CD's novels and reread at least BH and Pickwick. I can just see that poor guy on the wrong side of the garden wall when the mad bull comes down the lane. Ain't life just the grandest!
Thanks, David Post, for the wonderful comment which gave me goose bumps.
"Barkis is willing!" "Know your value."
Thanks for reminding me of the "spontaneous combustion" scene - I had forgotten that it came from Bleak House. Apparently Dickens got a fair bit of ridicule for that, and wrote a defense of the notion that people actually could die that way in the Introduction to a later edition of the book. For the "even geniuses can be fools" file.
And if you love Dickens, I heartily recommend Claire Tomalin's wonderful biography "Charles Dickens: A Life." Tomalin is a master biographer, she knows an enormous amount about 19th century England, and Dickens' life was easily as interesting as any of his characters'.