IV. _In the Legislative and Administrative Sphere_.--Wise
testamentary legislation prevents murders through the impatient
greed of next-of-kin, as in France during a former age, with what
was known as ``succession powder.''--A law to facilitate the
securing of paternal assent for the marriage of children (as
suggested by Herschel in his ``Theory of Probabilities'') in
countries which require the assent of both parents, and for
affiliation and breach of promise of marriage, with provision for
children born out of wedlock, are excellent as against
concubinage, infanticide, abortion, exposure of infants, indecent
assaults, and murders by women abandoned after seduction. On this
head Bentham said that concubinage regulated by civil laws would
be less mischievous than that which the law does not recognise but
cannot prevent.--Cheap and easy law is a preventive of crimes and
offences against public order, the person and property, as I have
already said.--The ancient Italian institution of Advocate of the
Poor, if substituted for the present illusory assistance by the
courts, would prevent many acts of revenge. So also would a
strict and speedy indemnity for the victims of other men's crimes,
intrusted to a public minister when the injured person is not able
to resort to the law; for as I have maintained, with the approval
of sundry criminal sociologists, civil responsibility for crime
ought to be <p 129>as much a social obligation as penal
responsibility, and not a mere private concern.--Simplification of
the law would prevent a large number of frauds, contraventions,
&c., for, apart from the metaphysical and ironical assertion that
ignorance of the law excuses no man, it is certain that our forest
of codes, laws, decrees, regulations and so forth, leads to
endless misapprehensions and mistakes, and therefore to
contraventions and offences.--Commercial laws on the civil
responsibility of directors, on bankruptcy proceedings and the
registration of shareholders, on bankrupts' discharges, on
industrial and other exchanges, would do more than penal servitude
to prevent fraudulent bankruptcy.--Courts of honour, recognised
and regulated by law, would obviate duels without having recourse
to more or less serious punishments.--A well organised system of
conveyancing checks forgery and fraud, just as registration
offices have almost abolished the palming and repudiation of
children, which were so common in medi<ae>val times. Deputy
Michelin, in order to discourage bigamy, proposed in 1886 to
institute in the registers of births for every commune a special
column for the civil standing of each individual, so that any one
who contemplated marriage would have to produce a certificate from
this register, and thus would be unable to conceal a previous
marriage which had not been dissolved by death or divorce.--The
form of indictment by word of mouth in penal procedure has
prevented many calumnies and false charges.--Foundling and orphan
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