On the Practicability of Codifying English Law: With a Specimen Code of the Law of Evidence (Classic Reprint) - Couverture souple

Lawson, James Anthony

 
9781330786062: On the Practicability of Codifying English Law: With a Specimen Code of the Law of Evidence (Classic Reprint)

Synopsis

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Présentation de l'éditeur

This is a very useful work, and is now in progress, and in the end it will considerahly reduce the number of volumes to which we shall have to refer, in order to find out what the statute law is. It is also a work requiring great care and labour, and questions of great nicety arise as to the partial or total repeal of statutes. One of such questions gave rise to a discussion iu the House of Commons last session between two distinguished legal Members of the House. Into this part of the subject I do not propose to enter. I desire to consider what may be done to simplify and condense our unwritten law. On the 32nd November, 1866, a Eoyal Commission was issued, directed to some of the most eminent judicial persons and other men of distinguished ability to enquire into the expediency of a digest of law, and the best means of accomplishing that object, and of otherwise exhibiting in a compendious and accessible form the law as embodied in Judicial Decisions. This Commission made its First Eeport on the 13th May, 1867. It presents a very clear picture of the work to be done with respect to the unwritten law. It says :T he judicial decisions and dicta are dispersed through upwards of 1,300 volumes, comprising, as we estimate, nearly 100,000 cases, exclusive of about ijo volumes of I rish reports, which deal to a great extent with law common to England and I reland. A large proportion of these cases are of no real value as sources or expositions of law at the present day. Many of them are obsolete, many have been made useless by subsequent statutes, by amendment of the law, repeal of the statutes on which the cases were decided, or otherwise ;some have been reversed on appeal or over-ruled in principle; some are inconsistent with or contradictory to others; many are limited to particular facts or special states of circumstances furnishing no general rule. It then re
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