The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-12-02
MISCELLANEOUS.
LAW STUDIO IN GERMANY.

LAW STUDIES IN GERMANY.
II I'VE hnd in he National Intelligencer Of This
morning an interesting letter from the Hon, Henry
Wheaton, addressed to the Secretary Of the Nation
al institute, in reference TO the present state Of the
law schools in the different universities ia Germany.
We make the following extracts:l
4 The average number of law students "a the Uai-
versity OF Berlin is about Eve hundred annually who
attend not less than hundred distinct courses OF
lectures upon the different branches Of jurspru-
dence during the Two academical Of each year.
Inc professors, m addition TO their fixed salaries
the royal foundation, are entitled TO receive fees
from the students who attend their lectures and,
the students perfectly free choose the courses
they viii attend, the amount Of these extra smolu-
ments depends entirely upon the success and repu-
tauon OF the professor. This il also the case with
oil me other branches Of science and literature
Taught m the University of Berlin, as well as the
other German universities which are thus organized
IN great measure according 10 the theory Of Adam
Smith, and the model Of the ancient Greek schools
OF philosophy and rhetoric. Whatever may be
thought Of this system aPriOi, 1t may truly be said
| OF II that IN practice II has worked wel.n The
emulation thus excited among the various teachers
nsures the highest rewards TO the highest degree Of
merit. How far il is safe leave the choice Of the
lectures TO be attended 10 young men, without the
necessary knowledge and experience 10 enable them
70 select from among the different courses and the
ssud IN favor OF this extreme liberty is that ts abuse
Is efeetually checked by the examination which the
student must ultimately undergo and which will
test the Knowledge he has acquired Of the different
i branches Of jurisprudence.
| The law faculty in the University of Heidelbur0
" the Grand Duchy Of Baden, ranks next to that OF
Berlin n indeed u may not be considered as equal
TO the latter IN the reputation ofits professors and the
advantages Il offers to the students, whose annual
number Is about the same. The name Of Mitter-
| ala alas H..
any law school, The regulations for the discipline
ofthe students and relating to the studies 10 be pur-
sued by them, arc similar TO those Of Berlin. The
professors recruited from all the different unver-
sites throughout Germany, and il so happens that
not one OF the present four ordinary professors in the
law faculty Of Heidelburg is a native Of the Grand
Duchy Of Baden. The professor after having dis
charged his official obligations by teaching the par
teular branch assigned TO the chair he fills ia at lib
erty 70 deliver any other he thinks IT. and the
student len equally free to attend such courses as
| he may select The only restraint upon this free
dom consists in the courses required to have been
pursued during three years by the law students who
| apply for examination as candidates for public en-
ployment in the service Of the State. These are;
l. The encyclopedia Of Jurisprudence.
| 2. The Institutes OF Justinian.
g. The Pandeets. '.
T. The history Of the Roman law.
| s. Philosophy of law.
| g. History OF German law.
l. Public and private law Of Germany.
| 3. Commercial law.
| 9. Criminal law.
TO- Civil practice and pleadings.
III. Criminal practice.
| - Feudal law.
| 10. Law of nations.
IA. Ecclesiastical, or canon law.
The law faculties in the other German universities
Except those Of Austra) subject regulations
so similar to those Of Berlin and Heidelburg that il
i be n ren hail na DIV
been observed respecting them. The most import
ant Of these law faculties are the following; Munich
which has IA professors and 400 students; Leipzig,
IL professors and $50 Students Bonn IS professors
and go students; Gottngen, IA professors and 200
studenisi Tubingen, IL professors and l60 students;
Breslau, IL professors and $50 students. All these
law faculties characterized by the same spirit of
free competition among the different teachers and
the different schools, which has contributed so much
to the progress and present hourshing state Of law
science in Germany.
Austria presents strong contrast in this respect
to the other German states The conservative spirit
Of her councils opposes sturdy resistance to all in
novatons 10 ancient institutions. Beiben pir bey dem
alien, is the homely phrase by which she expresses
this horror ofinnoyaton, forgetting the wiser maxim
/ Of Bacon, that Time is the greatest of in
novators,@ and that f we do not infovate with
him, we shall have outgrown the institutions of
petrihed past, without having substituted others
IN their place more adapted to the living spirit of
\
ciety. All the law faculties of the Austrian empire
whether in the States belonging to the Germanc
confederation or in the other provinces are modelled
upon the same plan with that which forms part of
the University Of Vienna. There is no freedom of
choice on the part of the professors and the stu
dents to the lectures to be delivered by the former
| and to be attended by the latter no competition on
| the part of private teachers with the official pro-
fessors, by which the spirit Of emulation might be
kept alive and the latter stimulated to an active per-
Torrance of their duty. The candidates for vacant
1 professorships must be doctors of law and submit
their claims 10 the Judgment of ''the imperial COM
mission Of sudles, in the form Of written disser-
tations, and to the law faculty by means of oral
lectures. The imperial commission selects from
among the candidates the one it deems most fit
which choice is subject to the appreciation Of the
| emperor The professors compensated by fixed
salaries, whilst the fees paid by the students are
| paid into the common treasury of the university
The period Of law studies is invariably fixed at four
years; the students divided into four correspon-
dent classes each Of which is bound to pursue the
same invariable of studies. This course is
required not only for the degree Of doctor of laws
for admssio to the bar and to judicial Offices but
to all other civil functions in the internal admins
| tration of the empire. Ii is by no means sd CON-
plee as in the other German universities, and the
attention OF the Austrian government has been re-
Gently drawn to the necessity of supplying its de-
fccts. A commission has been appointed to con-
slider the different plans of reform which have been
suggested land it remains TO be seen whether the
| same pis ineriiG which opposes insurmountabe OBJ
saces to changes in other institutions will operate
to obstruct or delay the renovation Of the Austrian
law schools. u U
EARTHENWARE, China and Glass
~ ThOs. Pursell has just imported, per ships
Liberty and Ohio, from Liverpool and other
sources, eighty-four packages Of the above arcles
| amongst which are at1 atal tsa a5s
French, English, India, Bluestone W. q. and
lronstone dinner DESERT tea coffee, and toilet sets
Rich gold-band white and figured China tea sets,
| or pieces detached .atm E'Ft]
Cut and plain hall lamps ~ ,sTa.E
Solar, side, Liverpool and stand arnps and