We may consider, then, as one criterion of the goodness of a
government, the degree in which it tends to increase the sum of good
qualities in the governed, collectively and individually; since,
besides that their well-being is the sole object of government,
their good qualities supply the moving force which works the
machinery. This leaves, as the other constituent element of the
merit of a government, the quality of the machinery itself; that is,
the degree in which it is adapted to take advantage of the amount of
good qualities which may at any time exist, and make them instrumental
to the right purposes. Let us again take the subject of judicature
as an example and illustration. The judicial system being given, the
goodness of the administration of justice is in the compound ratio
of the worth of the men composing the tribunals, and the worth of
the public opinion which influences or controls them. But all the
difference between a good and a bad system of judicature lies in the
contrivances adopted for bringing whatever moral and intellectual
worth exists in the community to bear upon the administration of
justice, and making it duly operative on the result. The
arrangements for rendering the choice of the judges such as to
obtain the highest average of virtue and intelligence; the salutary
forms of procedure; the publicity which allows observation and
criticism of whatever is amiss; the liberty of discussion and
censure through the press; the mode of taking evidence, according as
it is well or ill adapted to elicit truth; the facilities, whatever be
their amount, for obtaining access to the tribunals; the
arrangements for detecting crimes and apprehending offenders;- all
these things are not the power, but the machinery for bringing the
power into contact with the obstacle: and the machinery has no
action of itself, but without it the power, let it be ever so ample,
would be wasted and of no effect.
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