New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-02-11
THE THEORY or JUDICIAL IETERMINA
TON
LECTURE BY A. A. REDFIELD, ESQ.

LECTURE BY A. A REDFIElD, ESQ.
The fourth of the series of University Law
Lectures was delivered in the chapel OF fhe university
last evening By A. A. Reded on the Theory OF JuclaI
Determination" The lecturer remarked that he hoped
20 Inc able 10 convince his that there was such
thing as legal science aud that the result OF lawsuit
was not matter OF hazard against which few Would
care 70 insure The law is body OF artificial and conveh-
tonal rules which have grown from ago TO age nut
which should not be COMPOUNDED with justice Ana
although under this system, 1t sometimes nap
pens that the innocent Ian suffers while the
rogue escapes. yet must accept II as
the collected wisdom Of mankind Combe' IN
his Moral Philosophy, ranks law above equity, and
correctly IL seems when consider the frequently all
surd results Ct arbitration: There Is an Arbitration
Committee in New-HOTk Stock Exchange by which
Justice seems he dispensed after this principle The
trouble with arbitration Is that settles only IN, indyd
ual under consideration while judicial determine
t0n estabnshes ptncipe ~ ",Cl MI s' % q snli.sI
character may be settled. In the constitution OF courts
nearly allied than may first appear. The judge ~
lawyer elevated TO the bench ana have yet &c meet
his bar The lawyer II. moreover, not less Ocer
Of the court than the Judge May not say with lord
mans candle with judge and Jury thus nearly allied,
is it not mOnstrousy unnatural that the bench and tAe
The purpose OF me law is twofold-r1t 70 furnish
rule OF conduct, and, second TO supply code for tie
pp,vention or punishment Of infractOnG OF It, As rs
nr purpose the doctrines Of the law not contained
in any one book, mOss Of them being coated from the
dec Of the Please forget that tlers
such distinction az statute law and common law written
law and unwrtten law The lecturer then considered
the'InOcess Of discovering and applying rules Of law
First cbe rule OF law must be found and then the app
cation made to the question. IL sometimes
ours the there s dOuDt about the rule but this H. not
often a8d when doubts exist the lawyer must s down
to reason the matter ont one Of the uncertainty
OF the Law is the number Of decisions the point
and these arise from the indnte variety OF which
are constantly occurring. The Judge cannot lay down
fixed principle because he cannot foresee the comb
nations that subsequently present themselves This
illustrated by the statute OF frauds where the rrine
ole IT first simple but IA affected by countless
decisions bearing upon it that IL "a difficult 10 what
the law really Is.
The second duty Of the lawyer the rule n law dscov
cred to consider how 1t applies 10 his particular case,
which latter be termed the minor premise. Az
illustration OF the difficulty OF applying the rule 10 the
facts the Of suit against Pennsylvania Tele-
graph Company was cited, where happy bridegroom
had ordered by telegraph eight hand bouquets and the
operator had mistaken "hand" for "hund," and 500
bouquets had been sent in consequence The Company
set up that written notice their printed blanks all
solved them from all liability In OF mistakes, and
although such notice in the Gaze OF railroad companies
as common cTimes the Courts had always held ~ be
binding great difficulty had been experienced In apply
ing the rule TO telegraph companies
Our laws are not ike those Of the Modes and Persans
change from TO to conform 10 the necessities
OF society This Is illustrated IN the change In the com
law regarding the responsibility of officers Of rail
on the duties and functions or Judges several interesting
questions might arise such whether Judge Is bound
whether he has right to inerrogate witnesses OF sug-
gest gumens and whether he ought TO trust The state
Of counsel personally read all adavits himself
The speaker concluded by referring 70 the charges OF
corruption brought against certain Judges The latter
were bad enough but in his opinion, and that Of Ers
kline the popular Judge was even greater curse 10
the profession and the country The OF Justice and
OF right in this age, more than all others Ia the popular
cause and the winning The leadership OF that
IT, to large degree, the Bar and the Judiciary
only - At 10 be numbered there who holds his learn
ing his sbor and hs eOquence at the service OF the
himself the friend OF order and the adviser OF peace
justice