Summary

1911 Encyclopædia Britannica, Volume 6… (1911)

“ But the law has now been brought into a state of which it may be said that, if it is not the best in all respects that might be desired, it is at least in most respects as good as the conditions of legislation will permit it to be. Codification, in fact, may now be treated purely as a question of form. What is proposed is that the law, being, as we assume, in substance what the nation wishes it to be, should be made as accessible as possible, and as intelligible as possible. These two essential conditions of a sound system of law are, we need hardly say, far from being fulfilled in England. ”
Source: Wikisource

1911 Encyclopædia Britannica, Volume 6… (1911)

“ No provision was made in either case for incorporating the new law with the code, an omission which Austin justly considers fatal to the usefulness of codification. It is absurd to suppose that any code can remain long without requiring substantial alteration. Cases will arise when its meaning must be extended and modified by judges, and every year will produce its quota of new legislation by the state. ”
Source: Wikisource

1911 Encyclopædia Britannica, Volume 6… (1911)

“ As there are no authoritative general principles, it happens that the few legal maxims known to the public, being apprehended out of relation to their authorities, are as often likely to be wrong as to be right. It is hopeless to think of making it possible for every man to be his own lawyer, but we can at least try to make it possible for a lawyer to know the whole law. The earlier advocates of codification founded their case mainly on the evils of judiciary law, i.e. the law contained in the reported decisions of the judges. Bentham’s bitter antipathy to judicial legislation is well known. ”
Source: Wikisource

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