Claim your free 2010 double sided wall chart
Law, unlike love, is not something that makes the world better the more we have of it. A society that becomes awash with law is one that makes life difficult for citizens, companies, organisations and lawyers. More law does not mean more justice.
The Companies Act 2006 has now been given Royal Assent. It would be difficult to describe it as a concise piece of law. It begins, simply enough, with a section 1 called "Companies". But 760 pages later, by the time one gets to section 1,297 (called "Continuity of the law"), it is evident that the legislation is far from straightforward.
The final section, number 1,300, is encouragingly called "Commencement", but even that is not the end of the matter. Much of this new Act will not get proper colour and texture until the courts have interpreted it; the word "commencement" does not really mark a clear and fresh beginning.
The Government has yet more plans for substantial legislation in the year ahead. We shall get the 11th education bill since 1997, the 12th health and social care bill, the eighth terrorism bill and the 24th criminal justice bill.
Speaking in Parliament last month, Sir Menzies Campbell said the Government and the Prime Minister "suffer from a statutory addiction". Since 1997, Labour has passed 365 Acts of Parliament and more than 32,000 statutory instruments. In the last ten years, over 3,000 new criminal offences have been legislated. Those were added to over 8,000 already in the law books. We need to live by more than a short code like the Ten Commandments, but if you were asked by a child why we need a criminal code ranging over 11,000 different wrongs, could you give a satisfactory answer?
There is now a good case for a regular and fully professionalised system for the repeal of stale and cluttering legislation across all types of law.
In his book Utopia, published in 1516, Thomas More, later to be Lord Chancellor, wrote of a world with a minimal legal code, and where all law was simple enough for any citizen to be able to interpret it without any expertise. It would be a challenge, indeed, for the modern, complex, industrialised world to operate on such a basis but that doesn’t mean that the law should not be shorter, clearer and more accessible than it is today.
The complaint that we have too much law is not new. In 1600, the lawyer William Fulbeck lamented "the ocean of reports, and such a perplexed confusion of opinions". The difference is that all the law governing someone in Britain in 1600 could be fitted on a few shelves and read in a few years. Today it would take the average adult, assuming mortality could be suspended, over 400 years to read all the law applicable in Britain. And even legal academics would say that would be a weary waste of a long life.
Professor Gary Slapper is the Chair in Law at the Open University
Industry sectors news at a glance. Interactive heatmap, video and podcast
Everything the Business Traveller needs to know to make a better trip
Get ready for the winter sports season, with our resort guides and snow reports
We are backing British business, what is the confidence of the nation and what businesses are succeeding?
Growing demand for energy, oil that is harder to reach and the rise of carbon dioxide emissions. We examine the energy challenge
In this special section we explore new food trends to help improve your dinner party and impress guests
Enjoy further reading from Travel to Fashion, Business to Sport, discover more
1998
£47,955
2004
£56,950
Essex
Check your free Experian credit report before applying
Car Insurance
c. £70,000
The Duke of Edinburgh’s Award
Windsor
Competitive
Hickman and Rose
London
Romulus Construction Limited
London
£100,000
Home Office
Liverpool
Moments from Battersea Park.
For sale with Winkworth
Find out about shared ownership.
See your free Experian credit report beforehand
Book now for Free Stateroom Upgrades, Free parking at Southampton & Free Onboard Spend!
Get covered on your travels with a superb range of policies at great prices. Visit InsureandGo.com
Wintersun - inspiration for your winter holiday
Contact our advertising team for advertising and sponsorship in Times Online, The Times and The Sunday Times, or place your advertisement.
Times Online Services: Dating | Jobs | Property Search | Used Cars | Holidays | Births, Marriages, Deaths | Subscriptions | E-paper
News International associated websites: Globrix Property Search | Milkround
Copyright 2010 Times Newspapers Ltd.
This service is provided on Times Newspapers' standard Terms and Conditions. Please read our Privacy Policy.To inquire about a licence to reproduce material from Times Online, The Times or The Sunday Times, click here.This website is published by a member of the News International Group. News International Limited, 1 Virginia St, London E98 1XY, is the holding company for the News International group and is registered in England No 81701. VAT number GB 243 8054 69.