Page:Halsbury Laws of England v1 1907.pdf/212

 — Introduction.

ccviii

what has been

custom or individual genius into a systematic development of the The same causes have produced the principles of justice. same results and in every country it has been found that compel the reduction

of

tribal



the system of providing for each necessity as reference to any principle which

it

arises,

without

governs the whole, has

over and over again produced confusion and contradiction. Jeremy Bentham considers a code of laws to be like a vast forest: the more it is divided, the better it is known. He says

— " To render

to

know

is

necessary to

a code of laws complete

it is

necessary

the parts which should be comprised in

all

know what they

are in themselves

they are in relation to one another.

This

is

accomplished

when taking the body of the laws in their entirety may be divided into two parts in such manner that

may

thing which belongs to the integral body

comprised in the one or the other

part, yet

It

it.

and what



they

every-

be found

nothing shall at

the same time be found in both parts."

It

of

may

be

well

doubted whether Bentham' s division

the law into two parts of what he

" the

integral

"

is

The analogy

practice.

one.

body

Of the

defensible of

human body

pleased to call

is

either

in

any integral body it

may

theory or is

a false

be true that you do

not find the same complete organ in two different parts

you do not in both. to to

find

a toe in the

So, in a code, there

head

— but

there are veins

might be rules applicable

one class of subjects which nevertheless would extend others, as in

our

own law

there are rules which are

applicable to both real and personal, civil and criminal,

jurisprudence.

But no State begins with a re^^ular system of law. A code is a want developed by progressive and unscientific legislation and the political relations of the citizens to each other give a form and tone to the laws which may