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Updated: May 7, 2025
But the Roman legal development had an essential advantage over ours in this, that the denationalized legislation appeared not, as with us, prematurely and by artificial birth, but at the right time and agreeably to nature. Caesar's Project of Codification Such was the state of the law as Caesar found it. If he projected the plan for a new code, it is not difficult to say what were his intentions.
With the exception of this fundamental law, which is, indeed, merely a codification of the law of nature the edict of Eden by which it is made equal in its pressure on men, our system depends in no particular upon legislation, but is entirely voluntary, the logical outcome of the operation of human nature under rational conditions. This question of inheritance illustrates just that point.
The declaration of London is an eminently satisfactory codification of the international maritime law, and it is hoped that its reasonableness and fairness will secure its general adoption, as well as remove one of the difficulties standing in the way of the establishment of an International Prize Court.
In order to supply this need the London Naval Conference was convened in December, 1908, and issued a few months later the Declaration of London. The London Naval Conference was attended by representatives of the principal maritime powers including the United States, and the Declaration which it issued was avowedly a codification of the existing rules of international law.
Some of these projects are really great, such as the codification of the law and measures for the encouragement of intellect and science; others are questionable, such as the restoration of commercial cities from which commerce had retired; others, great works to be accomplished by an unlimited command of men and money, are the common dreams of every Nebuchadnezzar.
Unfortunately the existing state of things was not thereby improved, because the preparatory work was not of the kind that was wanted. On the assumption that any evil which might exist could be removed by improving the laws, Count Bludof devoted his efforts almost entirely to codification.
The lifeless ethics, from which invention has withdrawn, arise from reflection upon, and the rational codification of, living ethics. Stored away in the writings of philosophers, they remain theoretical, speculative, without appreciable influence on the masses, mere material for dissertation and commentary.
Criminal Law, however, at least so far as it relates to indictable offences, ought to be embodied in a definite and complete code, and in the process of codification certain amendments might be made. The law as to murder and homicide, for example, urgently requires considerable amendment.
His passion for 'codification, for tabulating and arranging facts in all their complexity, and for applying his doctrine at full length to every case that he can imagine, makes him terribly prolix. On the other hand, this process no doubt strengthened his own conviction and the conviction of his disciples as to the value of his process.
Although his courage never failed for an instant, he could not but have a certain sense of isolation or want of support. This was especially true of the codification schemes which occupied so much of his thought. He had been crying in the market-place and no man heeded him. Yet his voice was powerful enough morally as well as physically. He had the warmest of friends.
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