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The Westminster Review (Volume 122)

The Westminster Review (Volume 122)


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Book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1884. Excerpt: ... WESTMINSTER AND FOREIGN QUARTERLY REVIEW. JULY, 1884. Art I.--Codification Of English Law: A Prospect* THE current objections to Codification in the abstract--that is, irrespective of time and place--have been very vigorously dealt with by that somewhat perilous advocate of the cause, Jeremy Bentham, and have been not only vigorously but effectually disposed of once for all by Austin. It is too late in the day now to do more than just recapitulate these objections, and the answers to them. Briefly, then, the objections are: --(1) That any code must needs make an unreal show of finality and comprehensiveness; it will and must necessarily assume both of these characters, though it cannot in the nature of things possess either the one or the other; not finality, because fresh circumstances will demand fresh legislation, and fresh legislation must either be incorporated into, or exist as a body of law outside the code, in either case giving the lie to its pretensions in this respect; not comprehensiveness, because there must arise some cases or combinations not contemplated by the codifier, whose prescience is limited, and these will constitute a medium for the development of a mass of commentary or "jurisprudence" in the French use of the term, which species of superfetation not reason only but * For a list of the books on Codification forming the subject of the present and the preceding part of this essay, see the heading to Part I. (Retrospect) in the April number of the Westminster Review. [VoL CXXIL No. CCXLIII.]--New Series, Vol. LXVI. No. I. A experience, as derived from the working of the codes of Justinian, Napoleon, Frederick, and others, shows to bean absolutely inevitable consequence; (2) that, if a code is to represent any existing body of law, it will on its face reveal--an...


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Product Details
  • ISBN-13: 9781154385649
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 314
  • Spine Width: 17 mm
  • Width: 189 mm
  • ISBN-10: 1154385647
  • Publisher Date: 01 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 562 gr


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