INTRODUCTORY

The title of this book connotes limitation, for it is obviously

impossible to attempt a prophecy about law in all parts of the world,

even though “prophecy is the most gratuitous form of error.” I shall

confine myself in the main to law in English-speaking countries, for

the countries which have adopted Roman Law――_i.e._, Scotland and most

European countries――are not likely to change it very much. English

law has largely influenced the world through English Colonies and

even through South America, where Bentham drafted more than one

constitution. Bacon drafted the constitution of Virginia, which has

been the model of the average American State. Even the present writer

has been unofficially consulted about a Federal divorce law for the

United States.

The future of law in every State depends very much on political

developments. If democracy proceeds on its present lines all law is

likely to be brought into contempt. Law is brought into contempt in

many ways but usually as follows:――

(1) Bad drafting of statutes as in the case of the Rent Restriction

Acts, the ambiguity of which necessitates incessant litigation and

conflicting decisions.

(2) Absence of principle or indolence in applying it. Thus Professor

Dicey wrote:――“English Law might be made lucid, and would be in the

main good, if we had no statutes. It is not only or perhaps mainly

that Statutes are ill-drawn ... but that English judges are incapable

of recognizing a principle when once it is put into the form of an Act

of Parliament.” The Married Women Property Act of 1882 might have been

drawn in two clauses; the result of this clumsy Statute is that more

than forty years afterwards a man is held liable for his wife’s torts,

while on the other hand the Partnership Act, 1890, remains as a model

of lucidity and saves much litigation.

(3) The abuse of legislation by faddists who try to intrude into

matters which are sacred to the individual. I need only refer to

Prohibition in the United States as an obvious example of anarchy

created by futile and hypocritical legislation.

(4) Palpable anomalies such as the Divorce Law of England and Wales

which embodies a timid compromise between common sense and theological

doctrines not seriously accepted by 50 per cent. of the community.

(5) Uncertainty and delay, which have to some extent been remedied for

well-to-do suitors but exist to-day for most poor persons.

All these tendencies exist to-day under what is called democracy. In

Canada and the United States we see movable property (_e.g._, bearer

bonds) taxed on the death of the owner not in accordance with his

domicil but in accordance with the physical situation of the property

itself. In Victoria (Australia) the test of residence is substituted

for that of domicil in divorce. There are also other anomalies

resulting in what is known as “double income tax.” The operation of the

law is also made uncertain by the Executive interfering with justice,

as appeared when the first Labour Ministry in Great Britain jockeyed

with the legal discretion of its own Attorney General.

There is also a general impatience with the complexity of human

business, which has to be put into the strait waistcoat of the law

before Justice can be achieved, and a tendency to dragoon citizens

when it is easier to employ force than to determine their rights. Such

tendencies result in Statutes like the Trades Disputes Act, 1906, and

in setting up bureaucratic bodies like the Ministry of Health as judges

in their own cause in their own courts.

There are, however, some reassuring factors to-day. State Socialism

is as dead as a doornail and other forms of Socialism are not likely

to buttress up bureaucracy. The small investor and the landowner

are waking up to the advantages of private ownership and individual

enterprise. Objectionable clauses against liberty in the Wireless

Bill and Criminal Justice Bill have been hotly opposed. There is

also a better diffusion of educational facilities and a perceptible

reaction against what Mr. Belloc calls the “Servile State.” I shall,

therefore, presume to make my forecast on the assumption that the world

is learning some kind of wisdom and will in the near future reform its

laws in accordance with common sense, even if it does not reach the

standard laid down by Dr. Johnson when he said:――“The Law is the last

result of human wisdom acting on human experience for the benefit of

the public.”

I should, perhaps, claim some indulgence from lawyers who may think

my remarks unduly sketchy or incomplete. I am working within a small

compass and writing more for the layman than for the lawyer. It is not,

therefore, easy to treat my subject very fully or comprehensively.

I

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