— Introduction.
ccviii
what has been
custom or individual genius into a systematic development of the The same causes have produced the principles of justice. same results and in every country it has been found that compel the reduction
of
tribal
the system of providing for each necessity as reference to any principle which
it
arises,
without
governs the whole, has
over and over again produced confusion and contradiction. Jeremy Bentham considers a code of laws to be like a vast forest: the more it is divided, the better it is known. He says
— " To render
to
know
is
necessary to
a code of laws complete
it is
necessary
the parts which should be comprised in
all
know what they
are in themselves
they are in relation to one another.
This
is
accomplished
when taking the body of the laws in their entirety may be divided into two parts in such manner that
may
thing which belongs to the integral body
comprised in the one or the other
part, yet
It
it.
and what
they
every-
be found
nothing shall at
the same time be found in both parts."
It
of
may
be
well
doubted whether Bentham' s division
the law into two parts of what he
" the
integral
"
is
The analogy
practice.
one.
body
Of the
defensible of
human body
pleased to call
is
either
in
any integral body it
may
theory or is
a false
be true that you do
not find the same complete organ in two different parts
you do not in both. to to
find
a toe in the
So, in a code, there
head
— but
there are veins
might be rules applicable
one class of subjects which nevertheless would extend others, as in
our
own law
there are rules which are
applicable to both real and personal, civil and criminal,
jurisprudence.
But no State begins with a re^^ular system of law. A code is a want developed by progressive and unscientific legislation and the political relations of the citizens to each other give a form and tone to the laws which may
