The Abolition of Roman-Dutch Law in British Gucana. 97 
Dutch law. If such questions did not arise, and all questions of law have to be 
settled sooner or later, the ranks of the legal profession would not be so crowded 
as they are now. Whether, however, the Transvaal or the Cape Judges touk the 
most reasonable view of the matter, to residents of this colony an opinion ex- 
pressed in an extract from a recent article by Mr. S. G. Morice, a barrister 
and late Judge of the Transvaal in pre-war days, in the South African Law 
Journal will be of interest. It need not be pointed out that “ Causa ” 
is not strictly identical with “ consideration ” in English taw. Whilst in the 
majority of cases it is certainly “consideration,” in others it is rather 
“motive.” The extract to which I refer, which sets out in no undecided 
terms an opinion the English doctrine of consideration, is as follows : 
Although the English Doctrine of ‘ consideratioii ’ has much to be said 
“for it, we do not want it in South Africa. It is definite enough but it is too 
“narrow. Apart from its being foreign to our system of law it is repugnant to 
“the moral sense, and even, as in the case of a promise to keep open an offer, 
“to ordinary ideas of business.” 
This extract does nut, I think, state unfairly the exact difference between 
the two systems, and on this point there can be little doubt that on principles 
of equity and justice the Roman-Dutch ductrine of “ causa ” (oorzaak) is much 
to be preierred to that of “ consideration ” as interpreted in English law. 
Another frequent argument here in favour of the change is that it would 
facilitate the creation of a Court of Appeal for all the British possessions in this 
part of the world, and if this axgument is sound it is one thatshould receive 
all possible consideration, for such a Court is eminently desirable for many 
reasons which it is not necessary to set out here. The difficulties to be over- 
come are, however, numerous and formidable. Local jealousies, vested in- 
terests and geographical divisions are all opposed to the success of any scheme. 
I will not say more than this, that in South Africa, prior to the union of the 
four colonies in 1910, it was found impossible to erect a Court of Appeal 
for the four colonies and native territories there, although the boundaries 
between them were often nothing but narrow rivers and wire fences, whilst the 
system of law is the same in all. That Court has only come with political 
Union. I would submit, therefore, that the argumentis not a sound one ; it is 
not based on any definiie facts and has no certain foundation at all, experience 
being all the other way. It seems, rather, a suggestion thrown out by those 
who would like to see the change in law made, a suggestion to obtain votes as 
it were in support of the change, with a pious wish rather than any definite 
idea or vpinion that the birth of the Court of Appeal might thereby be made 
easier. I am told that there are elements of Spanish law still existing in Trini~ 
dad, whilst in St. Lucia the code of civil law is, with modifications, framed on 
the principles ef French law. Whether or not any of the other islands have 
elements of foreign law (i.e., other than English) in their systems, I am unable 
to state, but this is sufficient to prove that British Guiana is not alone in its 
position. 
1 am reminded that the law of Holland is no longer that which we know as 
Roman-Dutch law. It has, however, a codified system based on the same 
