CHANGE IN THE CONCEPT : :
Paine, R. F.
Change in the Concept : : By R. F. Paine IN CONCLUDING an interesting series of articles on "Inside Story of the U. S. A.," Mr. William E. Dodd, professor of American history, University of...
...William E. Dodd, professor of American history, University of Chicago, asks: "Does justice sleep in America...
...She's working, without sleep, upon a concept gotten up and put over America by the judiciary, part of which is selected without consent of the governed and the other part by a minority of the governed...
...The old fashioned definition of justice was: "The rendering to every one his due, or right...
...The decisions as to "due or right" are left to the courts and their executives, selected by some 50 or 60 per cent of the 65 per cent of the governed who turn out on election day...
...In civil actions, it is the purse that can tire out technical delay and red tape which wins as a rule...
...As to criminality, the professor will be able to find most of the leading clubs, hotels and high-toned cellars in unmolested happiness, while an army of justice's agents is vigorous in research work after the cider jug under Uncle Seth's bed, or in his potato cellar...
...Some day, a college professor, or some other martyr, will write the "Inside Story of the U. S. A." of the present decade...
...Professor Dodd's inside story of American industry, politics, and justness of government should be brought up to date...
...However, there need be no worry over American justice being asleep...
...The old fundamental right of equality before the law Professor Dodd may have difficulty in recognizing...
...Considerable of the "due or right" of free speech, free press and free assemblage is in jail, or outside under threat of being put in, if it expresses freedom so that it can be noticed...
...He may lose his job, or even his head...
...The changes in both concept and proceeding of contemporary justice which are making the present "Inside Story of the U. S. A." ought to be most interesting to Professor Dodd, if he intends to stick to a professorship of American history...
...America's fundamental concept has changed, considerably...
...Of course, this definition required decisions as to what was everyone's "due, or right," and so, our forefathers presented such decisions, specifying, among other things, that justice is predicated upon the consent of the governed, equality before the law, free speech, free religion, free press, free assemblage, etc...
...Justice is no longer predicated upon the consent of the governed...
...However, perhaps the professor's uncertainty in respect of justice's attitude really arises from his not realizing that the concept, or vision, of justice has changed...
...The question rather indicates that the professor isn't closely watching the makings of American history outside of his studio, else he would be certain to observe that justice is wide awake and working 24 hours per diem in America...
...but, that's what makes martyrs...
Vol. 18 • December 1926 • No. 12
