Author: William S. Hein Company
Publisher:
Published: 2015-06-29
Total Pages: 514
ISBN-13: 9781330474617
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Excerpt from The Law Magazine, or Quarterly Review of Jurisprudence, 1861, Vol. 14 Most opportunely, therefore, while all people are agreed that reform is needed (the only question being how far it can with safety and advantage be carried), and while the new Common Law Commission are issuing suggestions, halting and faltering, willing, perhaps, but unable, to free their minds from that peculiar tone which long and successful practice under our present system inevitably induces; while, too, some have been found to advocate our going over to Rome (in the present day rather a taking idea), there to find by means of a "Praetor" relief for our manifold legal miseries, and a cloud of pamphlets have appeared, each advocating some changes and exposing some acmses, -a practical people in the western hemisphere have appointed a commission, and quietly, expeditiously and cheaply (wishing, probably, to same our Criminal Law Commissioners, who have passed fifteen years, spent thousands, and published reports without end and without result), and out of laws similar to our own and derived from us, have created a simple, single, and intelligible judicial system, which has hitherto worked well in the state (New York) by which it was first sanctioned, and has in consequence been adopted by several other states of the American Union. This new system was explained at a meeting of the Law Amendment Society, on Monday, the 17th of November, by Mr. Field, one of the commissioners who prepared the Code above alluded to, and we now propose to introduce to our readers some of the leading provisions of this Code, which has made such radical changes in the old law, and which is said to answer fully and well every requirement of a practically intelligent and eminently commercial people. And here we must quote an admirable passage of Hallam (Mid. Ages), which, it appears to us, the New York commissioners have fully carried out: "Let us not be deterred by a clamour against innovation from abrogating what is useless, simplifying the complex, or determining what is doubtful, nor attempt to stave off an immediate pressing difficulty by a patch-work scheme of modifications and suspensions, but let us consult for posterity in a comprehensive spirit of legal philosophy." The instructions the commissioners received were indeed precise, and left them no room, had they desired it, to narrow their scope. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
