Addresses By Hon. Edward G. Ryan, Late Chief Justice of Wisconsin, Delivered Before the Wisconsin Law School 1873, And Hon. Matt. H. Carpenter, Late United States Senator, Delivered Before the Columbian Law School, 1870

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He overlooks the law of Gorl, or sees it dimly through the mist of social error. Like all bhnider.-i, legislalion is at once presumptuous xind unstable.
It is constantly facing problems wliicli it oainiot solve. It has constantly to correct mistake^, which it did not foresee. Yet it hesitates little at innova- tion, and loves arbitrary change. It has been so far little better than a sys- tem of experiments, more or less successful, as they have adhered, with greater or less fidelity, to the fun
...damental authority of God's law.
13 Not the will of man only, but the habits and usages of society, enter into legislation. These habits not only influence written law ; they produce, from generation to generation, those social rules, those common principles, those hereditary precepts, that traditional legislation, which become obliga- tory by prescription, and, with us, are called the common law. There are the customary legislation of experience and progress. And, because com- munities are generally better able to recognize their own wants and conve- nience than individuals to prescribe them ; and, because generations of mankind are generally able to adjust law to society, with nicer fitness, than specnlat'iue precept can frame it; and, because the philosophy of experience is apt to be wiser than the philosophy of theory ; and, because the lex non scriptu, defined, but not literal, is more pliant to new conditions and varying circumstances, than the letter of the lex aervptu, ; the unwritten law, the ju» commune, is perhaps the safest and wisest form of legislation.


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