An Introduction to Municipal Law: Designed for General Readers and for Students in Colleges and Higher Schools Higher Dents (Classic Reprint)

Excerpt from An Introduction to Municipal Law: Designed for General Readers and for Students in Colleges and Higher Schools Higher Dents

The opinions maintained in this portion of the book, as to the superiority of the law Of judicial decision over that of codes, is so opposed to much of the tendency of modern thought and practice, that a few words, in this connection, by way of comment upon my positions, may be permitted. It is true that codification has many advocates among able members of the English Bench and bar, who have been in fluenced partly by the teachings of Austin, and partly by the example of the continental nations of Europe. This tendency has expressed itself in complete codes enacted for the British East India dominions, some of which per haps approach as near as possible to the ideal of a perfect code. In our own country, the practical effects of the tendency are more plainly exhibited. In addition to the ordinary forms of statutory legislation covering entire de partments of the law, more than half of the states and territories have adopted codes of civil procedure. In Cali fornia the whole body of the law has professedly been em bodied in different codes. The example of California has been followed in one or two other commonwealths; and it seems probable that New York will soon adopt a similar system, or at least a similar civil code.

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