Bentham [18]
the relation of those parts to one another; and by his distinctions and classifications has done very much towards showing what should be, or might be, its nomenclature and arrangement. What he has left undone, he had made it comparatively easy for others to do. Fourthly: he has taken a systematic view(1*) of the exigencies of society for which the civil code is intended to provide, and of the principles of human nature by which its provisions are to be tested: and this view, defective (as we have already intimated) wherever spiritual interests require to be taken into account, is excellent for that large portion of the laws of any country which are designed for the protection of material interests. Fifthly: (to say nothing of the subject of punishment, for which something considerable had been done before) he found the philosophy of judicial procedure, including that of judicial establishments and of evidence, in a more wretched state than even any other part of the philosophy of law; he carried it at once almost to perfection. He left it with every one of its principles established, and little remaining to be done even in the suggestion of practical arrangements. These assertions in behalf of Bentham may be left, without fear for the result, in the hands of those who are competent to judge of them. There are now even in the highest seats of justice, men to whom the claims made for him will not appear extravagant. Principle after principle of those propounded by him is moreover making its way by infiltration into the understandings most shut against his influence, and driving nonsense and prejudice from one corner of them to another. The reform of the laws of any country according to his principles, can only be gradual, and may be long ere it is accomplished; but the work is in process, and both parliament and the judges are every year doing something, and often something not inconsiderable, towards the forwarding of it. It seems proper here to take notice of an accusation sometimes made both against Bentham and against the principle of codification -- as if they required one uniform suit of ready-made laws for all times and all states of society. The doctrine of codification, as the word imports, relates to the form only of the laws, not their substance; it does not concern itself with what the laws should be, but declares that whatever they are, they ought to be systematically arranged, and fixed down to a determinate form of words. To the accusation, so far as it affects Bentham, one of the essays in the collection of his works (then for the first time published in English) is a complete answer: that 'On the Influence of Time and Place in Matters of Legislation'. It may there be seen that the different exigencies of different nations with respect to law, occupied his attention as systematically as any other portion of the wants which render laws necessary: with the limitations, it is true, which were set to all his speculations by the imperfections of his theory of human nature. For, taking, as we have seen, next to no account of national character and the causes which form and maintain it, he was precluded from considering, except to a very limited extent, the laws of a country as an instrument of national culture: one of their most important aspects, and in which they must of course vary according to the degree and kind of culture already attained; as a tutor gives his pupil different lessons according to the process already made in his education. The same laws would not have suited our wild ancestors, accustomed to rude independence, and a people of Asiatics bowed down by military despotism: the slave needs to be trained to govern himself, the savage to submit to the government of others. The same laws will not suit the English, who distrust everything which emanates from general principles, and the French, who distrust whatever does not so emanate. Very different institutions are needed to train to the perfection of their nature, or to constitute into a united nation and social polity, an essentially subjective