ons laid down as to the scope of his duties, and the expense
that might be incurred, and the department should be free from some at
least of the ordinary conditions relating to the Civil Service. With the
advantage of existing experience, such a department might be constituted
on sound lines within a week or two, and its work would result in saving
time and trouble to Courts, to local authorities, to private
individuals, and to various government departments themselves. The cost
of such a department would be covered over and over again by the
improvements effected. It is a comparatively small matter, but the lines
of action are so clear and so definite, and it would be so easy to make
the necessary arrangements in a few days, that it might be taken as an
example of the way to effect a reform promptly.
The huge mass of emergency legislation which has come into existence
since the War would no doubt require separate consideration. That
exceptional legislation will have to be revised and almost the whole of
it repealed, in some cases at once and in others within a short time
after the close of the War. This question is already engaging the
attention of the Government. It is not an easy task, but the transition
to freedom should be made as rapidly as possible. The action to be
taken, however, in many cases, will very closely affect trade, and in
these cases the question is not one primarily for lawyers; even the
officials with most experience will require the advice and guidance of
those who know each trade practically. The more anyone in the discharge
of official duties learns of the course of trade in any commodity the
more he will recognise the necessity for practical knowledge of the
conditions of _that_ trade, and the futility of attempting to deal with
any question affecting it without hearing those who have been actually
engaged in it. What an intelligent open-minded man might expect to
happen is very often exactly what does not in fact happen. It is
tempting to give concrete examples which have forced themselves into
notice, but limitation of space forbids.
(2) The law on certain subjects should now be codified. This is a
different question from the revision of the Statute Law and the
introduction of something like order into that chaos. It is, however,
probable that a general codification now would do harm, and there are
strong grounds for contending that Case Law, with its capacity for
growth and adaptation to
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