British judge (1873-1952)
Hugh Pattison Macmillan, Baron Macmillan (20 February 1873 – 5 September 1952) was a Scottish advocate and judge
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Hugh Pattison Macmillan
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In a speech which he made in the House of Commons in 1804 the Lord Advocate, Charles Hope, claimed to be not only public prosecutor, coroner's jury, and grand jury, which he undoubtedly was, but also Home Secretary, Privy Council, and Lord-Lieutenant! … The anomalous combination of legal and administrative duties in the person of the Lord Advocate came to an end on the passing, in 1885, of the Secretary for Scotland Act which transferred to the Secretary, now the Secretary of State, for Scotland, most of the responsibility for the administration of Scottish affairs.
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I must plead guilty to having borne a part professionally in the invasion of the Highlands by electric power schemes... An inscribed ingot of aluminium on my desk commemorates the event, but when from the window of the train as it approaches Fort William I see the attentuated stream which is all that is now left in the once glorious gorge of the Spean I confess to a twinge of conscience.
[Voluntary social work] has indeed become a new profession and quite a large number of people now make their livelihood by such work. At the same time the State has expanded its social services beyond all recognition within the space of a single generation and a large part of the produce of taxation is now devoted to every form of social amelioration... I should like to see us less concerned with palliation and more concerned with providing the means whereby our people by self-help, that demoded Victorian virtue, should be able to work out their own salvation, even if in fear and trembling.
Already in my own time the volume of business was much less than in the heyday of the Victorian age, when the developments of the industrial era stimulated the enterprise of promoters and led to the construction of our modern railways, docks, and other undertakings of public utility. That was the era which my friend Walter Elliot has so aptly called the `century of equipment'.
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This was no doubt due in part to economic reasons, for Scotland before the era of modern industrial developments was a poor country and brains and brawn were among its few merchantable assets. Hence, on the one hand, the rewarding eminence attained by so many Scots beyond their own borders in the worlds of scholarship, commerce, and administration... and hence, on the other hand, the fame of the achievements of the Scots on the Continent as soldiers of fortune in the wars of Europe, a valorous reputation subsequently so well maintained by the Highland Regiments in the service of the British Crown.
A member of the Bar is not entitled to refuse his services to anyone who seeks to employ him. He has been said to be like a cabman on the rank: it is his duty to place himself at the disposal of the first person who hails him and he has no right to exercise any discrimination... This principle also has its origin in the conception of the special position of the advocate in the public administration of justice. It is essential that no citizen should be unable to procure the adequate presentation of his case in Court, however unpopular or even unworthy he may be.
In Proposals which I drew up for the formation of a Scottish Legal History Society [now the Stair Society] I said that it had long been a reproach to Scotland that no adequate history of Scots Law existed, though it would be difficult to imagine a more attractive field of study, for the legal system in Scotland was not only perhaps our most distinctive heritage, but was also of special interest because of its combination in theory and practice of the Roman Law and the Common Law.
The erection of a great public building in any city almost always engenders controversy. The maxim that there can be no disputing about matters of taste seldom deters an eager host of critics, informed and uninformed, from rushing into print. But the new buildings of London University have had the good fortune to rise undisturbed by the clamours of contention and indeed with a degree of public approval which must be almost unprecedented... I have found, as a matter of experience, that the gravamen of complaints about any public scheme may generally be found to reside not in its intrinsic demerits but in the fact that the objectors were not consulted about it.