On the Practicability of Codifying English Law: With a Specimen Code of the Law of Evidence

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It will be printed at the end of this paper ; and I invite the fullest criticism upon it. I am conscious that it will be found to have faults and imperfections, and I claim no merit for it save as it is an attempt to show that a difficult problem is capable of solution.
Of course I shall not now enter into the details of it ; they can be studied and canvassed by those who understand the subject ; but it is quite necessary to preface it with some explanatory observations, and to justify and vind
...icate some of the proposals which I have made.
Our law adopted the maxim that " no one ought to be a witness in his own cause; " and it was the law down to the year 1851, that no plaintiEf or defendant could be examined as a witness. Our ancestors thought it more important that men should not be placed in a posi- tion which would make them subject to a strong temptation to commit perjury, than that the truth should be discovered. We are indebted to the same principle for the Statute of Frauds and Perjuries, under which certain agreements cannot be enforced unless all the terms of them are in writing.


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