Political Science Of The State

336 POLITICAL SCIENCE.
§231.
There must be a division of labor in the judiciary system,
Gradations in a as wel1 as in the executive. Some transgres-
judiciary system. sjons of law are trifling; others are grave;
some involve principles of law, others have to do with fact
only ; some are so important and complicated as to need the
examination of more than one set of judges, in order that the
settlement of them may be more fully accepted by those
who are learned in the law. There will then be gradations
of judges ; the lowest rank concerning itself only with petty
cases, while the upper decides in the last instance on cases of
appeal. And yet it would seem expedient that the judges
composing this highest tribunal should not be kept wholly
aloof from ordinary cases of law which involve facts, for they
would be tempted to become too abstract and estranged from
the needs of life, mere men of legal science.
What the divisions in a judiciary system ought to be, it-is
not our province, nor does it lie within our experience to
determine. We only suggest the following considerations.
First, while law ought to be cheap, some bounds should be
set to litigiousness. Hence, the fees and costs ought to be
large enough to deter one who is inclined to assert his rights
unduly, and if a person appeals to a higher court against 'the
advice of the judge and fails on the appeal, that ought per-
haps to be a reason for an increased court due. Secondly,
courts of conciliation for the trial of petty cases are of great
importance in protecting the rights of the poor, and, indeed,
of all classes in society. These cases generally need only a
simple statement of the case by the parties without the help
of advocates; the facts are for the most part admitted, and
the aim of the court is either to render exact justice in clear
cases, or to arbitrate in cases that are not so evident. Multi-
\
tudes of cases are thus settled, which the complainant would
never, on account of the expense, bring before the ordinary
courts; but the great .advantage is that a feeling is diffused
through the humbler classes that society and its arrangements