al of any
words or expressions of enactment shall not affect the construction of
any statute or part of a statute. The lawyer, therefore, cannot rely on
the revised edition of the statutes alone, and it is still necessary for
him to consult the complete act as it was originally enacted.
The process of gradual codification adopted in India has been
recommended for imitation in England by those who have had some
experience of its working. The first of the Indian codes was the Penal
Code (see CRIMINAL LAW), and there are also codes of civil and criminal
procedure.
Whether any attempt will ever be made to supersede this vast and
unarranged mass by a complete code seems very doubtful. Writers on
codification have for the most part insisted that the work should be
undertaken as a whole, and that the parts should have relation to some
general scheme of the law which should be settled first. The practical
difficulties in the way of an undertaking so stupendous as the
codification _uno coetu_ of the whole mass of the law hardly require to
be stated.
In discussions on codification two difficulties are insisted on by its
opponents, which have some practical interest--(1) What is to be done in
those cases for which the code has not provided? and (2) How is new law
to be incorporated with the code? The objection that a code will hamper
the opinions of the court, destroy the flexibility and elasticity of the
common law, &c., disappears when it is stated in the form of a
proposition, that law codified will cover a smaller number of cases, or
will be less easily adapted to new cases, than law uncodified. The
French system ordered the judges, under a penalty, to give a decision on
all cases, whether contemplated or not by the code, and referred them
generally to the following sources:--(1) Equite naturelle, loi
naturelle; (2) loi romain; (3) loi coutumier; (4) usages, exemples,
jugements, jurisprudence; (5) droit commun; (6) principes generaux,
maximes, doctrine, science. The Prussian code, on the other hand,
required the judges to report new cases to the head of the judicial
department, and they were decided by the legislative commission. No
provision was made in either case for incorporating the new law with the
code, an omission which Austin justly considers fatal to the usefulness
of codification. It is absurd to suppose that any code can remain long
without requiring substantial alteration. Cases will arise when its
meaning
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