Justice As A Problem Play Exposing Hollowness, Evils and Shortcomings of Legal System

Justice As A Problem Play Exposing Hollowness, Evils and Shortcomings of Legal System

Galsworthy a Dramatist not a Propagandist: 

It was inherent with Galsworthy to put the problem facing the society as a sort of suggestive warning to the people and the administration to improve upon the norms and prevalent old, obsolete, untenable, crude, callous and uncalled for methods. He never actively tried them with his own hands. He was primarily a dramatist and not a propagandist. He never claimed himself to be a reformer. He only pointed out and exposed the social institutions as he found them to be. His function was only to throw light on social evils and not to offer any remedies or solutions for them. It is not the artist's business to preach, he writes, "his business is to portray truly and realistically: The sincere artist is bound to be curious and perceptive with an earnest craving to identify himself with the experiences of others." Galsworthy thus portrays social conditions and institutions with penetrating insight, curiosity and sympathy. 

Exposing Hollowness, Evils and Shortcomings of Legal System: 

In Justice, Galsworthy exposes the hollowness of contemporary English system of law and grave defects and shortcomings ingrained in the judicial procedure. Galsworthy was especially conversant with law. He discards the existing and prevalent system of law in England as highly obnoxious, crude, unlawful, unjust, soulless, heartless and inhuman. To him the system of law is an inhuman and malignant institution. It is a blind and lifeless mechanical force out to devour every criminal within its jaws without showing any mercy. Once a person is caught in the trap of law, it is impossible for him to escape from it. The author calls it a huge cage in which the prisoners roam up and down like caged wild beasts in a bewildered state with no companion with them. During his solitary confinement, Falder craves for human voice and human company. “In fast fading day-light, Falder, in his stockings, is seen standing motionless, with his head inclined towards the door, listening. He moves a little closer to the door. He stops at the door. He is trying harder and harder to hear something, any little thing that is going on outside. He springs suddenly upright-as if at a sound-and remains perfectly motionless. Then with a heavy sigh, he moves to his work and stands looking at it, with his head down; he does a stitch or two, having the air of a man so lost in sadness that each stitch, as it were, it coming to life. Then, turning abruptly, he begins pacing the cell moving his head like an animal pacing its cage. He stops again at the door, listens and, placing the palms of his hands against it with his fingers spread out, leans his forehead against the iron. Turning from it presently he moves slowly back towards the window tracing his way with finger along the tapeline of the distemper that runs round the walls. He stops under the window, and, picking up the lid of one of the tins peeps into it, as if trying to make a companion of his own face." 

The Present Law, a Ruthless Mechanical System: 

The present system of law is an in-human and demoralizing process. Modern legal system is a ruthless mechanical system, which, if once invoked, cannot be revoked. It is a mechanical process which, if once started, will keep on working automatically. A person once caught in the complicated network of the legal system prevailing in the country can never escape from it. Falder unfortunately stepped into this iron cage of law in a moment of overpowering insanity and then law took hold of him, as it does with every first offender. Once Falder was caught, much against his will, in a moment of weakness and temptation, there was then no escape for him. Falder has to pay a heavy penalty far more than his petty offence by losing his self-respect, his true lady's love, job and career besides tormentations, rigorous imprisonment, harassment, tortures, intimidations, threatenings, solitary confinement and ultimately a tragic end of his life. The author reiterates that "Men like the prisoner are destroyed daily under our law for want of that human insight which sees them as they are patients and not criminals.”

No Sympathetic Attitude with Casual Prisoner: 

When a casual prisoner is treated as a confirmed criminal of birth and breeding, in all probability he grows into one by the end of the term of his imprisonment. Men like Falder, who stoop to crime under the pressure of circumstances beyond their control, are duly turned into confirmed criminals under the corrupting and demoralising atmosphere of the prisons. Thus the entire life and career of casual offender is ruined. 

Notorious Practice of Solitary Imprisonment: 

Another great evil of the legal system is the notorious practice of confining the prisoner to solitary imprisonment. Cokeson feels baffled at the hard and dispassionate attitude of the authorities of the prison towards the prisoners. He says that solitary confinement is the worse punishment that could be inflicted on a person. He says that he would not inflict this punishment even on a dog even if he bit him all over. He remarks that the condition of the prisoners in solitary confinement is worse than that of even the dogs. The authorities believe that solitary confinement is a process of discipline through which prisoners come out more sober and purified. Mr. Cokeson does not believe in this view and says that imprisonment is not the right way of reforming a defaulter or an offender. The prisoners can be reformed better through kind and humanitarian treatment. He explains that even dogs grow tame and gentle through kindness and good treatment. In this way solitary confinement is the worst kind of imprisonment where nobody can be happy or even contented. Referring to Falder, Galsworthy says through Frome in the Court, "Imprisons him as a criminal and I affirm to you that he will be lost.” 

No Provision of Legal Separation on the Basis of Tyrannical Attitude: 

Galsworthy raises the problem of those women who lead a hellish life under the tyrannical behaviour of their husbands. Many husbands are drunkards. They spend their entire money in drinking. Under great intoxication of wine, they make ill-treatment with their wives. Beating, abusing and physically torturing generally takes place with such women. If the woman living a hellish life want to get rid of her tyrant husband, she cannot get legal separation from her husband until he (her husband) makes a deadly blow which can lead her to death. In the play Justice, Ruth does not have good relations with her husband. He is given to excessive drinking and in this drunken state. He tortures her in all possible ways. Under the effect of wine, he tries to strangle her to death. But unfortunately she cannot get legal divorce on the basis of his cruel treatment until he makes some serious offence. 

Ignoring Violence and Inhuman Behaviour: 

The element of practical life is completely ignored. It must be considered in every consideration of the behaviour of life. In highly civilized society it is shameful to ignore brutal violence. This violence is anger invoking and wrath-exciting even with it is inflicted upon a person who is not directly involved in the affair. In the age of developed liberality, democracy and enlightened humanism, the citizens should not feel pity when they see some inhuman and callous misdemeanour being meted out to anybody whosoever he or she is. This thing becomes more poignant when we see something inhuman being done to a woman who is the victim of tyrannical behaviour of her husband. No responsible citizen comes to help her. If someone flowing in the stream of emotions tries to help her, he is condemned by society. 

Reporting Regularly after being Released: 

There is yet another serious evil. A prisoner even after his release from the prison is required to report regularly at the police station about his whereabouts. Failure or even irregularity in the matter may lead to his arrest again. What a fun and logic is there in this gravely faulty and inhumanly wretched procedure of law! It is intended to penalize the criminals all through their lives. In such circumstances a prisoner, what to say of forgetting his past would even evade the eye of law and may turn into a professional criminal, thereby becoming a curse to himself and to the society as a whole. This does not allow him to lead a clean, pious and peaceful life. Once a criminal, he is always a criminal. 

Galsworthy's Suggesting the Solutions of these Problems: 

(a) Priority to Sympathetic Consideration: 

The solution to these problems, as suggested by Galsworthy, lies in the sympathetic and humanitarian approach to the offender. We should hate the evil and not the evil-doer. They should be treated as patients and not as criminals. The attitude towards them should be that of humanity, generosity, propriety, sobriety, humility and civility rather than of inhumanity, impropriety, notoriety, callousness, malignity, and strict adherence to the blind and soulless legal and judicial process. 

(b) Analysing the Facts and Circumstances: 

We should ever try to analyse the facts and circumstances under which a man stoops to commit crime. We should not judge the man on the score of his tangible actions only. Sometimes a man is led to commit the worst of crimes with the best of intentions. Such a criminal should, therefore, be always treated from the humanitarian point of view. Falder says for all his fellow victims. "If we had been treated differently the first time, and put under somebody that could look after us a bit and not put in prison, not a quarter of us would have ever got there." 

(c) Galsworthy's Abhorring Solitary Confinement: 

Galsworthy strongly criticises the punishment being meted out to criminals, regardless to their inherent nature, nature of crime, circumstances and humanitarian considerations. He abhors solitary confinement as the worst kind of punishment, never justified to be inflicted upon the human beings. Even the beasts ought not to be treated so mercilessly as the young men like Falder are being harassed and ruined under harsh, blind and soulless legal system of England. 


Saurabh Gupta

My name is Saurabh Gupta. I have designed this blog to help those students and people who are greatly interested to get knowledge about English Literature. This blog provides precious knowledge and information about English Literature and Criticism.

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