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The Green Bag

look to it, if properly undertaken and accom plished, to diminish the volume of legislation and to curtail the length of judicial opinions, to tend to unify the law of our many common wealths, so far as the varying conditions of their people would reasonably permit; to give a solider philosophic foundation to such laws,‘ and to reduce the number and extent of published reports and text-books. All of which, if they can be accomplished without the surrender of the spirit of constitutional liberty and the substitution of the idol of formalism, are much to be desired.

For such an undertaking, it seems to me that the time is now ripe. The people take an interest in their laws to an unprecedented extent; the educational standards of many of the law schools, and the tests for admission

to the bar are higher than ever before; the methods of instruction are improving; the young men are better equipped with all, except native genius and singleness of purpose, than ever before (and in these it is fair to

assume they are not inferior); and there is greater attention given than ever before, in this country at least, to the philosophic principles embodied in the reported decisions of the Courts. The philosophy of legislative enactments, embodying so much that is freakish and undoubtedly temporary, has not

a consideration of statute law as well as the formulation of the principles of judicial opinions. It should not be understood that your work is to be a codiﬁcation of the law; for from practical experience I conclude that codiﬁ cation is an abomination accompanied as it is by the demon of construction. It (the proposed American Corpus Juris) is rather to be considered as an expression of the law in the words of master minds, from which all searchers may draw inspiration and knowledge, with the resulting beneﬁts that I have already mentioned. In this I would not underrate encyclopedias of the law; they are useful present-day tools; but they are but steps in a progress toward a superior achievement, for which perhaps they laid a foundation. I have said the time is ripe. Those who are familiar with the instruction given in the greater law schools know how conscientiously and eﬂiciently the greater minds among the teachers have pondered and expressed the philosophy of their subjects, so as to imbue their students with the philosophic conception of the law as an art, based on scientiﬁc principles, if not, as it is frequently called, a science. The improved methods of general education have

invaded

the

law

schools,

necessitating

a scientiﬁc kind of work on the part of the

received so much attention. But if that could receive the consideration of master minds,

instructors,

future legislation might be diminished in quantity and improved in quality, to the in crease of general respect and observance and a corresponding public advantage. I have had occasion to collate and analyze the legislation of substantially all of the Eng lish-speaking countries, on a single subject, of common and universal interest, namely, the Practice of Medicine. They (the laws) all aim to effect a single purpose, the protec tion of the public health through the exercise of the police power. The diversity of pro visions is astonishing, and their freakishness

occupying an enviable and useful position, which they have created, and ﬁll with ability. Thus far their services have in the main been useful to the community only through the law students they have trained. But there is every reason why their abilities should be made directly useful to the entire community. You will recall that Dean Ames, of Harvard University Law School, said at the recent session of the Association of American Law Schools at Detroit, that he looked forward to the day fast coming, when the best law books should be written in America. It is

in some respects amusing, while in one instance

by reason of the very facts which I have

that I call to mind, the results were tragic, in that a law designed to protect the com munity deprived it of the services of any physician. Taking this single illustration as a type, I am satisﬁed that it would improve the quality and simplicity and efficiency of legisla tion, if legislators were advised of the laws in other commonwealths on the same subject and of their underlying purposes and principles,' and I understand that your plan contemplates

mentioned that he entertains that expecta tion. ‘ For the reasons above stated I think that the fulﬁlment of your project is desirable and that now is a proper time to inaugurate it. But no matter how desirable nor how pressing, two questions still confront me: First, whether

who

have

thus

become

leaders,

it is possible, and, second, the method of

proceeding as a ﬁnancial proposition. The difficulty of achieving the desired result will readily appeal to any one in the slightest