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Updated: May 7, 2025
In 1862 Maine went out as legislative member of the Indian Council, and carried on the work of codification in combination with a new Law Commission, appointed in 1861. The Commission ultimately fell out with the Indian Government, and finally resigned in 1870. They seem to have been of opinion that there was undue delay in passing the bills which they prepared.
It is safe to say that the "Canon" was a medical bible for a longer period than any other work. It "stands for the epitome of all precedent development, the final codification of all Graeco-Arabic medicine.
He adds that, with this view, a commission has been issued "for digesting into one body the enactments of the criminal law, and for inquiring how far, and by what means, a similar process may be extended to the other branches of jurisprudence". Seventy years have since elapsed, yet this royal promise of codification is not even in course of fulfilment.
The mere evolution of the system from its principles required no transcendant effort; and the idea of codification must have been something less than divine, or it could not have been compassed by the intellect of Justinian.
Here and there particular relations can be brought under definite international laws, but the bulk of national life is absolutely outside codification. Even were some such attempt made, even if a comprehensive international code were drawn up, no self-respecting nation would sacrifice its own conception of right to it.
Almost for the first time, too, we have ancient literature treated more or less like modern neither from the merely philological point of view, nor with reference to the stock platitudes and traditions about it. The critic is not afraid of doctrines and general principles in fact, he is rather too fond of them but his object is anything rather than mere arid deduction and codification.
The text in Kings seemed to me rather wrenched from its context in the fashion already nauseous to me in the orthodox schools, but as I had never in my life had such moments of grace as in my mountain-walks, I expressed so hearty an acquiescence in the doctrine itself shocking to the orthodox mind trained in elaborate codification of the time-limits of the dawn-prayer or the westering-service that mine host was more persuaded than ever I meant to become a Chassid.
The acquaintance with Indian affairs which he thus gained led to his appointment as a member of the Supreme Council of India, whither he went in 1834. Here his chief work was the codification of the criminal law, which he carried out with great ability, and by which he wrote his name on the history of the empire.
I will only observe that he is in favour of some codification of the criminal law; though he thinks that enough would be done by re-enacting, in a simpler and less technical form, the six 'Consolidation Acts' of 1861. He proposes, also, the formation of a Ministry of Justice which would in various ways direct the administration of the law, and superintend criminal legislation.
Still, while admitting this superiority, it is probably true that the Romans owed much of their success in codification to the greater permanence of the Roman legislative tenure of office, and, therefore, stability of policy, phenomena which were both probably effects of a slower social movement among the ancients.
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