Читать книгу Principles of Equity - Henry Home Lord Kames - Страница 14

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PREFACE to the Present [Third] Edition

An useful book ought not to be a costly book. Preface to Present [Third] Edition

To bring this edition within a moderate price, not only the size is smaller, but the preliminary discourse on the principles of morality is left out, being published more complete in Sketches of the History of Man.

To mould the principles of equity into a regular system, was a bold undertaking. The pleasure of novelty gave it a lustre, and made every article appear to be in its proper place. The subject being more familiar in labouring upon a second edition, the many errors I discovered produced an arrangement differing considerably from the former. My satisfaction however in the new arrangement, was not entire: the errors I had fallen into produced a degree of diffidence and a suspicion of more. And now, after an interval of no fewer than ten years, I find the suspicion but too well founded, chiefly with respect to the extensive chapter of deeds and covenants. The many divisions and subdivisions of that chapter, I judged at the time to be necessary; but after pondering long and frequently upon them, I became sensible that they tend to darken rather than to enlighten the subject. That chapter is now divided into fewer and more distinct heads; which I expect will be found a considerable improvement. In an institute of law or of any other science, the analyzing it into its constituent parts, and the arranging every article properly, is of supreme importance. One could not conceive, without experience, how greatly accurate distribution contributes to clear conception. Before I was far advanced in the present edition, the many errors I found in the distribution surprised and vexed me. I have bestowed much pains in correcting these errors; and yet I will not answer that there are none left. Many escaped me before; and some may again escape me. No work of man is perfect: it is good however to be on the mending hand; and in every new attempt, to approach nearer

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and nearer to perfection. To compile a body of law, the parts intimately connected and every link hanging on a former, requires the utmost effort of the human genius. Have I not reason to think so, considering how imperfect in that respect the far greater part of law-books are; witness in particular the famous body of Roman law compiled under the auspices of the Emperor Justinian,¹ remarkable even among law-books for defective arrangement? Let the candid reader keep this in view, and he will be indulgent to the errors of arrangement in this edition, if after my utmost application, any remain.

But imperfect arrangement in the former editions, is not the only thing that requires an apology. Frequent and serious reflection on a favourite subject, have unfolded to me several errors, still more material, as they concern the reasoning branch of my subject. These I blush for; and yet, to acknowledge an erroneous opinion, sits lighter on my mind than to persevere in it.