The Classification of Law greatly exaggerated. There are those who seem to suppose that we have fifty distinct and conflicting systems of law, but such is not the case. We have one system of law, applied throughout fifty jurisdictions with but slight devia
tion and comparatively few contradic tions in the rules of law, however much
variation in forms of procedure and variety of expression in the opinions
of the judges. There is in the main the same lawin all the states. As Pro fessor Beale has recently pointed out," only in a few instances are there more than two distinct rules on a given sub
ject applied by the courts of the different states.
This constitutes no obstacle
to the arrangement and statement of the law, while it does afford opportunity on the part of the revisers to throw into immediate contrast the reason under lying the contradictory rules and thereby point out the better reason in such
a way as to induce uniformity; Instances of confusion and variety, instead of being an argument against the attempt, is in fact the great argument compelling it.
575
corpus juris in order that we may possess a knowable definite body, similar to that with which our forefathers started a century ago. The common law was then one system, and so far
as applicable, was in the main the law as expressed by Blackstone, in proof of which one need but to turn to such treatises as Swift's System of Laws(] 795), Tucker's Commentary, and the several early American editions of Blackstone. The unwritten law is still the greatest in bulk of our law. Our Common Law is no longer the British Common Law, but a Common Law of our creation, an evolution from our conditions; and a re~statement of it in such a manner
that will display it as a definite system is imperatively demanded. With tacit sanction it will make conditions tolerable with legislative sanction it would make them ideal and will render a uniform code practicable.
Systematic consolidation is the first great need, and whether the result shall be given legislative sanction by declara
tory acts constituting the Corpus juris
same reason which impelled Justinian to rid the Roman Law of confusion and uncertainty compels us to re-state the
Codex" which shall be created evidence of our common law and thus establish a new datum past, may safely be left for future determination.
"7 23 Harvard Law Review 194, see 22 Gram Bag 119.
“a To use the Roman expression for a code, i.e., books of the law.
The law will not organize itself.
New York City.
The
