Saturday, Mar. 03, 1923
A Simple Code
A code that can be easily deciphered is worthless--except when it is a law code. A law code succeeds by being easy to read. A new organization, The American Law Institute, met in Washington with the object of simplifying American Law. William Howard Taft presided at the first meeting, Elihu Root was the chief speaker, prominent judges, prominent lawyers, and prominent professors were there to help bring the matter to a successful conclusion.
The condition which brought about their meeting was the fact that the law has ceased to be an accurate science. Too many diverse precedents, too much delay, too little agreement as to principles, too many conflicting statutes, too little precision in the use of legal terms, are the things to be remedied. In five years 62,000 statutes passed, and 65,000 court decisions upon them, convictions in less than ten per cent of the homicide cases brought before the courts, decisions reversed in one case out of three when cases are appealed to higher courts--these facts are disturbing to the legal profession.
What is the solution? Similar conditions have arisen before in the legal profession and have been solved. The solution has been a new codification of laws. Two great emperors had new codes drawn-- Justinian and Napoleon. We have no emperor to do us that service, so the members of the legal profession are taking it upon themselves. They cannot by a stroke of the pen create a uniform code of laws for this country, but they hope, without legislation, to draw up a sort of handbook of legal procedure, to which all lawyers and judges may turn as authority. If they succeed, their code will be, not law, but a consensus of the best legal opinions upon which all jurists may rely. Law in this country is badly in need of the service.