, 1866-11-17
NEW PUBLICATIONS.

NEW PUHL1cAT1oNs. Il
',supEns 1r1oN AND FORCE. ESSAYS or
9. LEA PhiIadelphia Henry G. Les. Chicago:
S. C. GrigGa q Co. 1875. Fp. 1N'
Were It not for the supplementary portion
of the title, we would scarcely be able to
form correct idca Of the character aud OBJ
ject Of this volume from its name. "supcr-
stition and Force alone would warrant an
expectation Of q metaphT steal treatise, pro.
fcsscdIy moral thesis or collection Of ab-
stract reflections, in which there would be
nothing noycl md Of which the public, 1t is
to he feared for the public's good. has al
ready more than 1t ever will read. If any
such impression exists, the error, discovery
of Which will follow more thorough exanina;
tion,- will gladly be acknowledged, and
grateful reception accorded to new way OF
treating an old subject.
The study Of jurisprudence is one which
cannot be too highly recommended. 1t has |
been, and still is, neglected by the general I
student, who looks upon 1t as specialty, !
only to be cultivated with reference to max |
Ing It profession. The apparent fnlpsacti-
cability Of its application outside Of tue pro
tcssion, and the lack of interest which is
found in the abstruse manner Of impartinc
information upon the subject, are assigned
as good reasons for this neglect. But q
knowledge Of Law is certainly not more un-
practical, either in its tendencies or posi-
tive appliances, than knowledge Of the
classics, and without the latter no student
would make prctcnsions 10 crudition. Tue
second objection is, without question,
more valid one. There hare been, with
hardly an exception, but two ways Of obtain
Ing information upon the subject ofjurispru-
dence. The one, o long and lahoEcd pcrusal
of huge volumes in so1led-bun binding,
with interninablc intricacies and unintelligi-
bic teclnlcalities, involving difficulties which
can only be mastered By years ofapplicatiou.
The other, an unsatisfactory exhibit Ito use
legal term), condeusing statuatory pro-
visions for the guidance Of business men in
daily business transactions, which would
| full utterly to crafty the natural desire of
| the student to understand the rationale Of
what he studies Yet legal knowledge is as
| valuable corrol1arY to general Information
as anatomy, botany, geology, or any Of the
exact scicn ces. The enigma hos becn-how
| to get at it, Mr. Lea lus solved It and in
uugurated the system in the history Of juris-
prudence each step illustrated by contempo-
ruucous events, lending an interest to be
FUND hitherto in general history alone, and
rendering understandable and attainable that
which up TO this time has been hidden in 4
io1, which most Of lis, who arc not prepared
to devote 4 lifetime to the undertaking, have
not tried to penetrate. In predatory remarks
he says: "Sincc the origin ofsociety, each unit
of our race has struggled on in his allotted
path, through joys and gricfs fashioned, for
the most part, by the inyisibl: network ol
l,ab;ts, customs and tatutcs, which surround
lin OIL every side, and silently shape his
nctio,s. Thus the history Of Jurisprudence
becomes the history Of the life OF man, aad
the society Of distant ages is more distinctly
presented to us in the Grabbed sentences o.
cutics than In the flowing rhetoric Of the his
torians." To follow tie course Of these codes,
from their origin to their effects, aud spare
his readers their crabbedness Of expression
has evidently been Mr. Leafs province. Ii
50 small volume, hc has not had the oppor
tunity to give the student all that is reqni
site fora full knowledge Of jurisrrudcntia
history but, in his selections. le has beel
: most harpt, both as to the value OF the III
) formation which. lie imParts and the intcrcs
Of the subjects Of which he treats. Three q
e the essays Ind The advantage Of q first aT
! pcarance, in q condensed form, in the Mort
! -lme7-icaa Ncrittr, from which they have bee
taken and enlarged; the othcr-Torture-
G is well selected 10 give us u complete au
; correct idea of the difference between til
: laws Of the present day and the laws Of tt:
! tlition, which controlled society for 50 lou
c tine.
e After tracing the rise and progress of 81
c cia1 organization from those pzimeyal time
# WHEN priprity WIS universal prerogatiy
|. and possession all Of the law, to the unit
: of Families, where the first principle Of sui
9 ordination shows ITSELF the author PR
d nounccs The Naytr Of Lac, or otherwise IL
c law Of compensation, to be one OF the mo:
C prominent features In the control Of con
;. munities. The generality OF its acceptane
|, among almost all Of the barbarous tribes. il
j. lengthy duration, extending in Wales au
Britain into the fifteenth century, its chang
C cs, notifications and utcrpretations-1no
70 than all, It's influence on subsequent law
'r growing out Of 1t, entitlc 1t to the positic
$. given it by Mr.. Lea. That q law which,
o the present stage of onr enlightenment
It seems so unjust and absurd, should contiul
If to prevail for 80 long d time, is indeed
matter of surprise. 1t originated in u Gu
or tom that the oath of the accused to the co
Id ,nlry was sufficient to exoncrate him. I'll
ic is supposed by most writers on the subjc
O. to have crnanatcd from the chisalric uotio
rs Of ancient barbarisnl, in which lie "
10 towarlicc, and cowardice the worst
to crimes. However this may be, it led to t
Of rNisency Of conjurators, composed first
relatives, then of friends, then
any and all who were wi}li
to net ms such, and these conjurators vi
sharcrs In the defendants oath denying t
I'd allegation. Varying Us to number at diff
J. emf times, and iu the form and stscugth
X the oath, it was in all cases sufficient to {
er rulpatc the accused, except in event Of y
Of Jury. How this perjury could ever be demt
%. stSated docs not clearly appear. The rcvi
III .. tl.c Roman Inv first dealt d blow ut CO
q purE:ltion. Its fundamental principle, Il
nd IL negative could not he proven. but that
i'll onux, Of proof must be borne by the accus
ess was dIametrically opposed to The Wager
ID I.o,p. Improbable rs It may appear, our
les ! Great Charter Of trial by jury 1nny be tra
alt back 10 the law Of compursation, and
o; last feature Of this custom was the select
alt oftwclve jurymen, the right Of challenge
TO- ing accorded the accused. The first ior
i,y upon ttc right OF TIE Wager cf La.c in E
rsn lstd was made by King Otho II, In the ;
'he 0s3, who substituted tho equally absurd :
'nd unjust 1Edmr Of Battle.
les. While We arc inclined, with our pres
fa- views Of society aud government, to ridsc
Auo the inconsistencies Of our forcfathers,
eFs must admit that the struggle between
lnd rising power Of reason and the waning fl
ave Of custom WAS perfectly natural. Thai
eau should turn upon the principle called
'est 1T,r1r1- of Enfttr DOES mt eyen at this ii