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15 Ill.L.R. 61 (1920-1921)
Arrangement of the Law

handle is hein.journals/illlr15 and id is 71 raw text is: ILLINOIS LAW REVIEW Volume XV JUNE, 1920 Number 2 ARRANGEMENT OF THE LAW By HENRY T. TERRY In substance our law isexcellent, full of justice and good sense, but in form it is dhaotic. It has no systematic arrangement which is generally recognized and used, a fact which greatly increases the labors of lawyers and causes unnecessary litigation. Probably the best way would be to put the law into the form of a code, whose arrangement would be authoritative and would quickly become known to the courts and the bar. Also there are a few old rules and distinctions that have remained sticking in the law, whose origin can be accounted for historically but for whose continued existence there is no rational reason. Those could be got rid of in a code; but in an arrangement which was not authoritative they would have to be retained, and would be anomalies. It may be, however, that the time is not yet ripe for codification, and that the best that is now practically obtainable is an arrangement put out and vouched for by some body or institution which might not have legislative authority but whose opinion would carry weight, such as the American Bar Association or one or more of the .great law schools. Such an arrangement, if it met with wide approval, would serve as a basis for a code. The arrangement of public law, including criminal law, pre- sents little difficulty. In most places that part of the law has been already put into statutes which are practically codes, whose ar- rangement is usually good enough. The same is true of the ad- jective law, the law of evidence and procedure, as to which it is also the case that uniformity is not desirable, some states being able to get along with a much simpler procedure than others. What does need arrangement, and needs it very badly, is the private

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