The Dominion. THURSDAY, NOVEMBER 3, 1910. THE SCIENCE OF LAW-MAKING.

Dominion, Volume 4, Issue 964, 3 November 1910, Page 6

The Dominion. THURSDAY, NOVEMBER 3, 1910. THE SCIENCE OF LAW-MAKING.

In Great Britain a little' time back, in Australia now, and in New Zealand for a great many years past there have been witnessed periods of intenso legislative activity. Indeed, the Anglo-Saxon raco may bo said to be passing through a stage of legislative effort affecting all classes and exploiting almost every field of social and philanthropic endeavour. Of special intorest just now is. the movement in the political life of the Commonwealth. The concern felt by members of the Sydney Chamber of Manufacturers at the growing power of the Labour party and the doubtful quality of the legislative experiments whioh it is certain will bo put ( in to operation in- the near future is plainly not without substantial cause. Me W underlich, the Jr resident of ■ the Chamber, stated that.the'ultimate object.of the pending . Labour legislation is that the "men should rule the masters," and the. position of- manufacturers become in time untenable. This possibly may seem to overstate the position, but in face of the facts it is difficult to suggest any other view. It is'impossible to conceive a nioro serious or perilous outlook in the life of a young nation, or ono better calculated, to stimulate every intelligent mind to a vigorous perception of proximate danger. In the instance of Australia, IJngland affords no analogy. In _ the latter country at least law derives its authority, sanction, and binding force from men who are not mere political doctrinaires or opportunists, but who understand jurisprudence as a science. England has rarely been without gifted and bold minds who wore able to strike out into new paths or proposo fundamental reforms, and who have been able to develop and expand the' different departments of the English law as thecircumstances of the people demanded. Tho result is that British law more than any other, rests on a foundation of natural justice, and of great and carefully: thought-out moral principles. It is the duty of every intelligent citizen to obtain accurate information concerning new laws under discussion, for they bear directly upon his well-being and prosperity, and impede or expedite to no small degree his daily conduct in- the ordinary affairs of, life. Tho Code Napoleon, from the date of its inception in France, as the arbitrary will of a single individual, has exercised a blighting in-, fluence on the progress- of French jurisprudence, restricted its free development, and operated detrimentally on the welfare of the State. And if in Australia at the present time Labour chooses to exercise its accustomed despotism, the same danger is certain to be incurred. Clumsy and hasty legislation is one of the greatest dangers threatening a nation. The process of discovering the best laws and the best way of publishing "them in language that guards most effectually against all chance of erroneous interpretation cannot be left to men not equipped with the most positive qualities for such tasks, and trained tea right appreciation of the constitution of human society and the ; dovolopment of the human race. The prevalence of corruption in the United States is very largely attributed to tho artificial and pernicious difficulties attending the interpretation of questionable laws. .Legal procedure in America is besot with such a mesh of technicalities that prompt decisions, and decisions on the real merits of a case, are counted as next to impossible. President Taft has on several occasions emphasised a strong objection against the archaic, technicalities and refinements of criminal and civil law which make its administration a farce, and that drag the procedure into contempt. The vexing uncertainties of litigation, and the consequent growing popular dissatisfaction, is receiving earnest consideration from the American Bar Association, which has expressed itself in a comprehensive and radical volume of recommendations which would havo the Courts think more of substantial justice than of faultless technique, and mako the trial of cases simpler, swifter, and less costly. Tho science of law-making unfortunately has received little attention in New Zealand in recent years. Probably in no country in the. Empire has 30 large a quantity of orudo, ill-coiuid.

cred, and unjust legislation crept into the statutes of the land as in Now Zealand. It is not very much consolation to note that Australia appears' anxious at the present moment to wrest from us this uncnviablo distinction.