The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-06-26

uctulleu history OF tne lutfOnucNOH anu
gradual growth OF the Roman law In the various
legal systems Of Europe and thus Enthusiastically
showing the utter imposs.DilIty OF organizing any
substantial legal code without the aid OF the wisdom
OF the "Corpus Juris Civllis.r
The Compendium ~ divided into seven books,
each book containing about a. much reading matter
as one chapter OF an ordinary legal work. These
books are suodivdsd into short and compact sec
tons. The first book treats OF Law In the once
tive Sense" in which is succincy laid down the
origin OF States, the nature OF laws, &c. Every SEN
tence OF these books seems a legal axiom; and
whenever any argument or explanation appears
the same conciseness characterzes Its statement.
For the FIRST time In experience 1t grates US TO
say OF law book. az we can say Of this, tn II Is
free from redundancies and supornuities. The best
illustration OF this compactness OF expression Is con-
tanned IN the filth section OF book first. We quote
It, II is entitled application OF Legal Principles In
Respect OF Persons" and is as follows:-"Thc laws
OF q state are applicable to all persons residing
within Its limits territorial principle Hence aliens
are held amenabe to the law The regent or cove
reign Is Also In his private capacity, subject to The
law OF the land" Here In few lines are prin-
cpes OF law upon which libraries Of books have
been written. Nor Is this section to be commended
merely for IT'S Drevity for 1t also contains the seem
tifc Tor its principles. The authors nave not
confined themselves strictly to the treatses upon
which their work Is founded, but they have amphed
the text with many rich anu important suggestions.
and almost every page offers note cx-
planatOy OF ambiguous or contested questions,
together with fair amount OF references to outside
authorities. The chapters upon Guardianship"
"Testamentary Succession" and "Patria Potestas''
are notlceaby full ana interesting Here more than
anywhere else in the book we see how much modern
legislators and JUICES have wanonly plagarzed
from the reason ana method OF the Roman law.
Nothing that we met W tn In reading the Compen.
dium gave us such complete satisfaction as the
definition OF equity found In the first book. What
equity IS has always been the incomprenensibe
feature OF the law TO all persons outside OF the pro-
fcsslon, and. indeed, to many In It, Those IN search
OF justice looked only to that their facts l;ed
the existing law, either legislative or judicial.
Equity anomaly wh IN they could not under
stand. In vain the clear and learned pen or Groius
informed them that 1t was "thit wherein the law,
by or Its universally, IS Deficient" or that
the greatest OF legal photographers, Sir William
Blackstone defined it to be "the soul aud spirit
OF all law-ratiOna law Is made OF 1t, and
positive law construed by it," ey still could not
understand that their 'rules Of action" might be
tested by anything else than law. Nor could
'.cOde OF procedure" eradicate distinction settled,
not In the mere form, but In the very marrow or
Jurisprudence, auu make Jnls HICc nuIllcs
that was mere command to drop name and re-
tam the substance Coats were allowed to be worn,
but they were not to be called such; set antiquity
furnishes the Gordan knot definition which solves
the mysterious riddle. Equity IS based upon tho
principle that In order to meet the exigcncles Ur
concrete case the judge exceed the strict limits
OF ordinary rgnt.n Individuals are not IT will thus
be seen, only governed by one rule-law In extra
ordinary cases the Judge in order TO work manifest
JUSTICE goes outside Of Its rigid principles For the
nonce he ungears the harness OF precedent, and
steps out, free and unencumbered, on the broad
fields OF pure individual justice.
Against the sy Stematlc teaching OF the 'modern
civi! law" In the manner advocated by the Ger
man civilians or the nineteenth century, Chancellor
Kent has recorded Ms opinion. 30 thOught that
the works OF BynkershoecE, IIencccius Pother,
voct ana few others. written prior to this century
furnished enough matter for the student, who, at
the same time, wished to become master OF his
profession, and thai the Importance OF the German
schools was much exaggerated. so rapid has been
the progress OF the study, That, since the opinion
refer red 70 was expressed lin small note In
his commentaries. the ''lahOrs OF the great jurlsts
OF Germany pursuing the historical method by
constant and careful study at the very source and
origin OF law, have evolved system y which, In
much less time than the books mentioned. opens to
the lawyer q thorough ana comprehensive view OF
these magnificent temples OF reason upon which tne
anclentS nave Carvcu tneIr CLAIMS 10 the gratitude
and generation II a civilized pOsterity. Already
Gibbons superb eulogy has been verified that 1.-THE
VAN titles OF the victories OF Jnstinian are crumhled
into dust but the ime OF the legislator inscribed
OH q fair and everlasting monument
BURNuAM's NEW POULTRY BOOK.-Illustrated.
New York: American News Company. Ism.
LIMO, PIP. $40.
Mr.. George P. Durham, the author OF this
treatise on the selection, housing and breeding OF
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brings to work the fruit Of thirty years. expert
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large or limited scale. There Is probably no bus-
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It must be remembered however. that albumcn Is
largely used IN the and manufactures. and tnat
no artificial substitute for white OF eggs has yet
been discovered. We should Judge that Mr.. Burn
hams handsome book IL timely and likely to meet
with large sale.