FREE BOOKS

Author's List




PREV.   NEXT  
|<   120   121   122   123   124   125   126   127   128   129   130   131   132   133   134   135   136   137   138   139   140   141   142   >>  
new conditions as they arise and to unforeseen circumstances, is often more convenient and indeed more scientific than a code. Criminal Law, however, at least so far as it relates to indictable offences, ought to be embodied in a definite and complete code, and in the process of codification certain amendments might be made. (3) The law as to murder and homicide, for example, urgently requires considerable amendment. The present state of the law classing together as murder acts of totally different character and decreeing the punishment of death for all alike is most unsatisfactory, and in some cases revolting to the moral sense. The whole doctrine of "constructive murder" should be done away with, and only those acts treated as murder and punishable with death where the accused intended deliberately the death of his victim, and was not acting under great provocation or under the kind of mental distress or anxiety which might be reasonably supposed to affect his--it might indicate the usual nature of such cases better to say "her"--judgment and power of control. There are also a number of alterations in the law relating to the devolution of property, and to personal status which ought to be made by the new Parliament at an early date. Most of them have been suggested long ago, but as no party capital was to be made out of law reforms, such reforms have generally been neglected unless taken up by a Lord Chancellor or some other legal authority with political influence. A few of these alterations may be enumerated. (4) The devolution of real estate in case of intestacy should be assimilated to that of personal estate. The present state of the law is often a great injustice, especially to women, and women will now be in a position to demand its amendment. If a man dies intestate, leaving a wealthy son and half a dozen daughters quite unprovided for, the son takes all the real property, and the daughters may be left penniless, but if the property happens to be leasehold for 1,000 years, the daughters share equally. The present state of the law is a survival of the time when ownership of freehold land implied personal service. (5) Estates tail might be abolished or at least alienation of such estates made simpler. (6) Copyhold tenure with its inconvenient incidents should be converted into freehold. (7) Both as a means of raising revenue, and to prevent useless litigation without in any way discouraging thrift o
PREV.   NEXT  
|<   120   121   122   123   124   125   126   127   128   129   130   131   132   133   134   135   136   137   138   139   140   141   142   >>  



Top keywords:
murder
 

daughters

 

present

 

property

 

personal

 

amendment

 

freehold

 

devolution

 

alterations

 

reforms


estate
 

enumerated

 
intestacy
 

prevent

 

useless

 

position

 

demand

 

raising

 

litigation

 

injustice


revenue

 
assimilated
 

thrift

 

discouraging

 
neglected
 

generally

 

Chancellor

 
political
 

influence

 

authority


equally

 

survival

 

Copyhold

 

tenure

 

capital

 

ownership

 

implied

 

service

 

abolished

 
alienation

simpler

 
estates
 
leasehold
 

intestate

 

leaving

 

wealthy

 

converted

 

Estates

 

penniless

 

inconvenient