Codification in the British Empire and AmericaLang analyzes efforts made in the United Kingdom and the United States to replace or modify the common law with codes since the origins of codification in the nineteenth century. Lang is especially interested in the tension between written codes, which are characteristic of continental law, and the common law, which is grounded in custom. Since its publication in 1924, this book has been cited often in articles dealing with codes and comparative law. |
Common terms and phrases
administered adopted amendments American Law Review applied appointed Bentham Bill body of law chancellor chap Civil Code civil procedure Code of Civil Code of Procedure code-system codification codification movement colony commissioners committee constitution contained criminal law criminal procedure David Dudley Field dealing decisions draft droit enacted England English law entitled existing federal courts Field Field's Speeches French Georgia Government of India Hansard Hindu law Ibid Ilbert important India Act introduced Jeremy Bentham judges judicial Judiciary jurisdiction Jurisprudence justice Law Commission law of England lawyer Legal History legal system legislative legislature London Louisiana matter measure ment Mohammedan Montana opinion parliament Penal Code Political Code possessed Practice and Pleadings prepared private law provisions question regard relating remedial law result Roman Law rules sections Sheldon Amos South Dakota statute law substantive law Supreme Court territory tion uncertainty uniform United unwritten law whole York Laws
Popular passages
Page 110 - that the laws of the several States, except where the Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Page 26 - Traverse the whole continent of Europe — ransack all the libraries belonging to the jurisprudential systems of the several political states, — add the contents all together, — you would not be able to compose a collection of cases equal in variety, in amplitude, in clearness of statement, — in a word, in all points taken together, in instruct! veness — to that which may be seen to be afforded by the collection of English Reports of adjudged cases, on adding to them the abridgments and treatises,...
Page 124 - to provide for the abolition of the present Forms of Actions and Pleadings in cases at Common Law; for a Uniform Course of Proceeding in all Cases whether of Legal or Equitable Cognizance, and for the abandonment of all Latin...
Page 120 - DECLARE, that such parts of the common law of England, and of the statute law of England and Great Britain, and of the acts of the legislature of the colony of New York, as together did form the law of the said colony on the 19th day of April, in the year of our Lord one thousand seven hundred and seventy-five, shall be and continue the law of this state, subject to such alterations and provisions as the legislature of this state shall, from time to time, make concerning the same.
Page 71 - India, pp. 359—360. 71 it was provided in this plan that "in all suits regarding inheritance, marriage, caste and other religious usages or institutions the laws of the Koran with respect to Mohammedans, and those of the Shaster with respect to Gentoos, shall be invariably adhered to...
Page 71 - Calcutta 1807, p. 15. it was provided in this plan that "in all suits regarding inheritance, marriage, caste and other religious usages or institutions the laws of the Koran with respect to Mohammedans, and those of the Shaster with respect to Gentoos, shall be invariably adhered to...
Page 111 - ... strictly limited to local statutes and local usages of the character before stated, and does not extend to contracts and other instruments of a commercial nature, the true interpretation and effect whereof are to be sought, not in the decisions of the local tribunals, but in the general principles and doctrines of commercial jurisprudence.
Page 78 - ... the Indian Law Commissioners', with all such powers as shall be necessary for the purposes hereinafter mentioned; and the said Commissioners shall fully inquire into the jurisdiction, powers, and rules of the existing Courts of Justice and police establishments in the said territories, and all existing forms of judicial procedure, and into the nature and operation of all law, whether civil or criminal, written or customary prevailing and in force in any part of the said territories...
Page 76 - In this state of circumstances no one can pronounce an opinion or form a judgment, however sound, upon any disputed right of persons respecting which doubt and confusion may not be raised by those who may choose to call it in question...
Page 12 - For it is an established rule to abide by former precedents, where the same points come again in litigation : as well to keep the scale of justice even and steady, and not liable to waver with every new judge's opinion...
References to this book
Gesetzgebungskunst im Zeitalter der Kodifikationen: Theorie und Praxis der ... Bernd Mertens No preview available - 2004 |