d countries, may be sentenced to
death or to a long period of imprisonment, except after the verdict of a
jury. But the overwhelming majority of other judicial decisions are now
taken by men selected not by lot, but, in theory at least, by special
fitness for their task.
In the light of this development of the jury trial we may now examine
the tentative changes which, since the Reform Act of 1867, have been
introduced into the law of elections in the United Kingdom. Long before
that date, it had been admitted that the State ought not to stretch the
principle of individual liberty so far as to remain wholly indifferent
as to the kind of motives which candidates might bring to bear upon
electors. It was obvious that if candidates were allowed to practise
open bribery the whole system of representation would break down at
once. Laws, therefore, against bribery had been for several generations
on the statute books, and all that was required in that respect was the
serious attempt, made after the scandals at the general election of
1880, to render them effective. But without entering into definite
bargains with individual voters, a rich candidate can by lavish
expenditure on his electoral campaign, both make himself personally
popular, and create an impression that his connection with the
constituency is good for trade. The Corrupt Practices Act of 1883
therefore fixed a maximum of expenditure for each candidate at a
parliamentary election. By the same Act of 1883, and by earlier and
later Acts, applying both to parliamentary and municipal elections,
intimidation of all kinds, including the threatening of penalties after
death, is forbidden. No badges or flags or bands of music may be paid
for by, or on behalf of, a candidate. In order that political opinion
may not be influenced by thoughts of the simpler bodily pleasures, no
election meeting may be held in a building where any form of food or
drink is habitually sold, although that building may be only a
Co-operative Hall with facilities for making tea in an ante-room.
The existing laws against Corrupt Practices represent, it is true,
rather the growing purpose of the State to control the conditions under
which electoral opinion is formed, than any large measure of success in
carrying out that purpose. A rapidly increasing proportion of the
expenditure at any English election is now incurred by bodies enrolled
outside the constituency, and nominally engaged, not in winn
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