BoletiÌn mercantil de Puerto Rico. (San Juan, P.R.) 18??-1918, 1902-09-18
SAN JUAN, SEPTEMBER IS
Comparative Study
Of Laws.

No one will deny that it is profitable
to compare the laws of different COM
munities. Montesquieus treatise may
be said to be antiquated only IN Its ma
terials; the method is sound. If there
is ANYTHING to be gained by experience,
or anything to be learned by example,
it would seem that Legislators were,
above other men, in position to obtain
these advantages. theoretically, they
pass their time in deliberating concern
ing the interests of the people, lnqulrlng
into the measures which will best
pro note those interests, and in enact
ing those measures in the best possible
form. In such labors it is obvious tnat
most valuable assistance will be afford
ed by studying the laws of similar com
munities; and this must be especially
true when there are many coordinate
States as similar as those which form
our Union.
One of the officers Of the Library OF
the State of New York has Prepared a
summary of the legislation of the year
1901. The pan adopted was to CLASSIFY
laws according to their subjects, and 10
ob.ain from various college professors
and public officers reviews of the differ
ent classes of laws A very lew exam
pies will show what may be expec ed
from such treatment. People have fea
son to know that the New York city gov
eminent is large and complicated sub
7ect. The charter of the city makes a
pood-sized volume, and even those who
framed it capnot always tell what Il
contains. To comment on laws OF this
size requires space and to colnment
successfully on all of the laws affecting
city government passed in a year III al
the States would require a great deal o.
space. Blu. in this review we find the
ooic dismissed. rather than discussed
in three pages. 1t might be possible tc
enumerate the statutes bearing on city
government within such limits, but 1t Is
not possible to include a servlceable
co O1lmentary.
The taxation o. mortgages is a mat
ter which has coupled much OF the
time of Legisla ures, but here we flEd
it treated in a sketch Of four pages, con
fined to the situation in Missouri, With
illustrations from California. The tax
alton of corporations is an excessively
Intricate subject, TO comprehend which
vast quantity of matter must be eX-
amined, It is allowed eight pages here
half OF the space being given to busl
ness corporations. In fact, when we
consider that there are but $40 pages. IN
the revie n, and over forty rabrlcS we
see that very little could be done IN the
way of lposition. In several cases
what is done. is surprisingly well done
In general, no sever, the criticism
amounts 10 little more than the expTes-
sion of the opinion OF the WTl.er, and
the ordinary Legislator, We venture to
say, will care little for that.
fhe truth Is that con paratlve legls-
lation " is one of the most dlilsalt OF all
sciences, if it can be called a science. 1t
is as intricate as biology, and requires
abilities in those who pursue it as great
as those Of Huxley OF Pasteur. We
sometimes hear it said that our consed-
crate form of government is very tayor-
able for experiments in legislation. A
law may be tried in one State. and the
other Sta seS can look on, see how 1t
works, and trysit also if it seems 10
work we'll But the inference is often
very misleading. To see this We need
only consider the drink and Sunday laws
of the State of New York. The laws
which suit certain ports of the State are
altogether unsuited to the city, AID the
attempt to apply them produces the.
most injurious results. We can see the
fallacy of the argument that because a
sumptuary law works well in Z. small
village in st. Lawrence County. tllers-I
fore il must work well in the great cts
of New York The same fallacy ex
ISIS in the argument that an xpafhneni4
in Colorado or California will be coas
elusive for Alabama or Massacaus usetts.l
There are reasons Why a law that would
answer its purpose ii Vermont would
not succeed iii New Hanspllire aod
few would contend that a Law reported
to be effective in MississlI Igi CT -Loliisi-
ana would be adapted 70 Ne Jersey
or Connec. icut
Yet in a compilation Ike this there
IS q certain amount OF N Isl eilaneous Ia
formation from which we may get some
notion Of the drift Of law making. Evil
DENLY it IS strongly pagernalislic There
IS continuous n1aiit tplscatlOn OF etflcesl
md raising Of salaries. New commits
;:ons are created, new licenses are re-
..ss red nsw taxes are imposed. The I
MY checks TO this tendency here in
Aassac achusetts and New Yok we're q