Page:Halsbury Laws of England v1 1907.pdf/214

 Inteoduction.

ecx

reformers have failed because they have not observed the necessity of this prehminary inquiry.

somewhat singular

It is

of the

the

to observe that Cicero, in treating

law as administered in his own day, complained of

mode

which the simplicity and clearness which he Eoman law were obscured in administering

in

attributed to the

He

justice.

says

that

the laws themselves were clear

enough, so far that you might duly distinguish on what principle every legal case depended, for everyone possessed of

to find the rights of a question arise,

and

it

would be easy

a moderate share

of intelligence

whatever new case should

he would know how to refer the points

their proper section.

of debate to


 * 'But unhappily our lawyers," he adds,

and in order to more knowing than

''prefer, for the sake of raising objections,

show that they maybe, they

or appear to be,

are, raise difficult points

divide the legal doctrine,



which

and our lawyers, is

I say,

do

essentially simple, into

of technical distinctions." The nimia which Cicero complains has had its day in Happily the our own country, and even in our own time. general view of our present lawyers is more in harmony with Cicero's advocacy of clearness and simplicity than

an

infinite

suhtilitas

variety

of

appears to have been the case with the lawyers of Cicero's time. It is, perhaps,

interesting to observe the identity of the

process which, at divers times and in different countries,

has exhibited of laws

"

itself,

when

the carelessly aggregated

''

heaps

have been found so cumbrous and confused that

nations have sought to get rid of the confusion resulting

Frederick the Great, like Cicero, complained of

therefrom. the lawyers



and his code was, as he said himself, intended

to get rid of them. The Code Napoleon, imperfect as it was and is still alleged to be, was, nevertheless, an immense boon when compared to the confused system of jurisprudence,

if

jurisprudence

it

can be

called,

which