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
