Publisher's Synopsis
Excerpt from Some Leading Principles of Anglo-American Law: Expounded With a View to Its Arrangement and Codification
It is plain that the condition of our law, as to its form, is fast becoming unbearable. Whatever may be said in praise of its sub stance, and much may with truth be said, it. Must be acknowledged to be shapeless, chaotic, bewildering, without any sufficiently intel ligible arrangement or an orderly and clear exhibition of its princi ples, a mountainous stack of precedents. As longas the bulk of it was small this state of things, though an evil could be endured; but now the reported decisions from which legal rules and principles must be picked piecemeal are multiplying so fast - and there seems to be no way of stopping them - that the law is becoming inaccessi ble even to lawyers and judges to a very undesirable extent. The only remedy for this that I can see is a complete and systematic arrangement of the whole body of the law, not a mere general sketch in outline but specific and in minute detail so that the principle or rule applicable to any given case can be seen to have its proper place in it, generally accepted by lawyers, writers upon law and legisla tors. Probably this would be best accomplished ia a code, which would have authority as well as persuasiveness; but before such a code as is needed could be made at all the substance of it must already have become widely known and agreed upon.
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