The Evolution of Law. 123 



gusted lawyer three hundred years ago called a " godless 

 jumble," probably after judgment against his client. 



This complexity, confusion and unwieldiness surely seems 

 to call for some sort of correction. Not a few are of 

 the opinion that the remedy is to be found in codification, 

 which they regard as an advanced phase in the growth 

 of law; while their opponents regard it as an advanced 

 stage in the decomposition of law. A Code is a systematic 

 body of laws enacted by the legislature. It comprises 

 the settled principles of the law of judicial decision, and 

 statutory law previously enacted, arranged systematically 

 by topics, in divisions, chapters and sections, for easy 

 reference. It also contains definitions of legal terms, 

 rules for its own interpretation, and provisions for the 

 future scope and application of the method of judicial 

 decision to such cases as may arise outside of its own 

 intent and specification. It should repeal obsolete statutes, 

 settle disputed questions of law in the province of judicial 

 decision, and provide for its own amendment. This 

 is a long definition, still it is incomplete. 



The ancient codes, of which the Jewish, Roman, Salic 

 and Brehon are examples, were not codes in the modern 

 sense. They were mere undigested collections of custom- 

 ary laws, published for the information of the people and 

 the government of magistrates. In the later period of 

 Roman law, especially during the Empire, many experi- 

 ments in scientific codification were made, resulting, early 

 in the sixth century, in the publication of the famous 

 Justinian Codes. These are the source and model of the 

 modern European codes, of which the most famous is the 

 Code Napoleon. The Codes of Justinian are the domain 

 of research and exploration for students of general juris- 

 prudence and the philosophy of law; subjects of great 

 importance in their possible relation to the future im- 

 provement of law. 



The movement for codification of English law was initiated 

 by Bentham early in this century, in his vigorous and virulent 

 style. But English institutions are hard to change, and 

 progress has been slow. At last hoAvever, Codification is the 

 "burning question" in English jurisprudence. Already 

 two or three branches of Private Law have been codified, 

 and more are likely to follow. Lawyers, Judges and Legis- 

 lators there, as here, are divided ; men of great ability 



