The other liability to which the infancy of society is exposed has
prevented or arrested the progress of far the greater part of mankind.
The rigidity of primitive law, arising chiefly from its early
association and identification with religion, has chained down the
mass of the human race to those views of life and conduct which they
entertained at the time when their usages were first consolidated into
a systematic form. There were one or two races exempted by a
marvellous fate from this calamity, and grafts from these stocks have
fertilised a few modern societies, but it is still true that, over the
larger part of the world, the perfection of law has always been
considered as consisting in adherence to the ground plan supposed to
have been marked out by the original legislator. If intellect has in
such cases been exercised on jurisprudence, it has uniformly prided
itself on the subtle perversity of the conclusions it could build on
ancient texts, without discoverable departure from their literal
tenour. I know no reason why the law of the Romans should be superior
to the laws of the Hindoos, unless the theory of Natural Law had given
it a type of excellence different from the usual one. In this one
exceptional instance, simplicity and symmetry were kept before the
eyes of a society whose influence on mankind was destined to be
prodigious from other causes, as the characteristics of an ideal and
absolutely perfect law. It is impossible to overrate the importance to
a nation or profession of having a distinct object to aim at in the
pursuit of improvement. The secret of Bentham's immense influence in
England during the past thirty years is his success in placing such an
object before the country. He gave us a clear rule of reform. English
lawyers of the last century were probably too acute to be blinded by
the paradoxical commonplace that English law was the perfection of
human reason, but they acted as if they believed it for want of any
other principle to proceed upon. Bentham made the good of the
community take precedence of every other object, and thus gave escape
to a current which had long been trying to find its way outwards.
Public-domain text, read in full here on John Shaqi.
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