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An English Code: Its Difficulties And The Modes Of Overcoming Them - Softcover

Sheldon Amos

 
9780371218396: An English Code: Its Difficulties And The Modes Of Overcoming Them

Synopsis

An English Code: Its Difficulties And The Modes Of Overcoming Them, A Practical Application Of The Science Of Jurisprudence by Sheldon Amos. This 1873 treatise surveys the difficulties of codifying English law and outlines practical methods to overcome them. It distinguishes general and special obstacles, including the relationship between Statute Law and Common Law, the interplay of Equity, and the Real versus Personal property distinction. The work surveys continental and colonial codifications, notably Anglo-Indian and New York codes, to illustrate different approaches and their limitations, and argues for a unified Code that integrates the whole body of law with coherent references and a consistent terminology. It discusses foundational questions such as the order of topics, the balance of Rights and Duties, and whether to separate Commercial topics, and proposes mechanisms for amending the Code over time. A substantial portion outlines a Skeleton Scheme of a Code of English Law and a practical organizational plan, including seven divisions spanning Constitution, Ownership, Contract, Civil Injuries, Crimes, and Procedure.

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