New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-12-27

iOn both of doctrine and OF history, IS drawn from the
English law particularly noticeable In the die
cussion OF hctions lecture fourth There consid-
cradle body OF technical terms and useful
quotations of formula given from 0aius but they
are made readily Ineligible by close and terse ransa-
tons which recall the remarkable TRANSACTIONS In the
authors Greek syntax. As striking example OF the
writer's power to make conception clear may be
nstanced his definition and illustration Of agnato and
cognae relationship. This it may be worth while to
quote in full:
Suppose that some person now living OF the name OF
Winthrop, descended through father. grandfather
grand father etc., from old Gov. winthrop OF mas
saclusetts who died In 1919 should make out complete
genealogical table including all the descend ints Oh t
then all his grandchildren the children OF his DAUGHTERS
as well as OF his sons; then all ms g sa as
well as OF grandsons; and for each genera genera,
ton, giving the defendants OF females females, G mnss
many persons OF other names than Winthrop, anu az
these persons would be eognates OF each otne, n
suppose now, that he should make another ana n9Ie
restricted list, containing only those whose hnSh
with the common ancestor could DO ti ice cbSre1
before, daughters well as sons lie wou'1 n da
give the children OF his sons on, w0u tseu give the
children OF sons, hut would exclude a desce
Won a nriude only persons of the name OF Winthrop
1t would include females who had that as tnoi natt T.,
name but would include their DESCENDANTS born IN
other families and with different names the persons IN
second list would have what the Romans caed ah
agnate relationship. ". 1921
1t may be doubted whether the distinction between
oognates and sgnates set forth In way TO be
more readily more completely Appreciated by
learner.
In the exposition of subject the author does not
attempt TO set forth the current Law OF any partcu
period. The essential character OF each legal ns
tute is explained the most important steps in IT'S
development. Wherever Justinian introduced any
change regarded material thel fact Is stated; put
there is manestly no disposition regard as repre-
sentative Roman law this later legislation, wmen'
though in the main improving the substance OF the Law"
frequently marred the logical symmetry OF the system
1t is characteristic and attractive feature OF the
work that though and condensed, and embadyng
amount of fact and OF doctrine that one can only
fully realize who will compare the authors treatment OF
each topic with the corresponding portions OF Gaius ana
Jusnian II OF the repulsive features winch
usually mark a compend. IL is fresh, vigorous.
and mastery rtsum6 OF the writer's views, based
upon intimate familiarity with the ancient law
books and the writings OF the best modern
civilians, German and French. As few OF
these may be mentioned Savigny, Puchta, Keller, ana
Ortoan. To Puchta however, OF whom the author was
accustomed speak in terms Of profound admiration
he probably owed than TO any other modern law
writer. The familiarity with English legal history o!
which the author in makes admirable use,
rs derived part least from spenoes story OF the
Court OF Chaneery. His English authorities however,
are diiC ult 10 trace.
The work appears by favorable coincidence at time
when the interest Whlon Is 1eIJ III
law ia beginning extend to this country where hith
erto, 90 far aware, systematic treatise of
the kind been produced. AS introduction 10 the
whole subject especially preparation for the read
ing original institutional books, a syllabus
extended of lectures, 1t will have great
value. II ia especially adapted the of college
students for whom indeed is originally prepared
part either Of their general culture their historical
training supplemenDg their studies in the de-
partment Of Latin, In which, strangely enough, there
usually attention given what is the most chaTac
terstio and, 10 the modern world most important,
product Of the Roman mind. We do not mean 10 init
mate that the Latin scholar must become Roman law
yer or that law writer's should supplan In any
the study of the great literary classics. We do maintain
that, in view Of the argenumber in every college class
who are looking forward to the profession of
the law valuable opportunity il lost Of
giving a new impulse to their Latin studies
by pointing OF its practical applications.
which could DO accomplished by devoting one terms
work. might be made optional, TO obtaining an
outline knowledge OF Roman law. During the time
named OF good Latin scholars could under proper
instruction read intelngently both In respect TO Ian
guage and doctrine one OF the Roman institutional
books thus enlargng materially their knowledge of
linguistic usage and OF history and LAYING an invaluable
foundation future professional study This IS work
which not likely to be done, and which cannot conve
nienty be done at law school IL could be conveniently
advantageousy done in college. Its practcabity is
ton which its origin in such academic study That
it is work for which provision should be made
where is the conviction Of many lawyers and scholars
both here aud in England 1t is the connecting link
as Maine has pointed out in his famous |
Cambridge essay, between academical classical |
study and municipal law. In En- |
gland IN acquaintance with Roman law has re- |
Gently made necessary part Of legal education
impulse has there been given to the study within
very few years IN consequence OF the interest awak
general and historical Jurisprudence by the publ
cation OF Names Ancient Law and OF the collective
works Of Austin 1913 well as by the nvesga
tons growing of discussions In regard TO English
code the production of which at early day is In
late work of Prof Amos assumed TO be conceded Snbstan
TALLY the same exist for the cultivation of these
studies in England The growing bulk of ourla
reports State and Federal. which in 1871 according to
statement Of Prof Washburn amounted to over 2OOO rs
forcing the subject Of the praccabty and the desira
bleness of codcation upon the attention Of the most
conservative members of the profession. to whom the
labor involved in graphing with this vast
mass OF precedent becomes more and more
rksome and mpracticable, while to the nom
professional mind imbued in any measure
with scientific spirit Of the such condition of
things seems anomaly and an anachrOnsm. The
problem Of oodifcatiOn is not likely to be success
fully undertaken as was pointed out in the
essay Just cited, except from the vantage ground
afforded by a competent knowledge Of Roman
law The recent EDgsh literature OF the suect makes
the cultivation of it generally practicable than
hitherto Within three years have appeared at least
three editions Of Gaius, with translation and COM
mentary One Of these, Mr.. Postes, is very valuable
Prof. Hadey's little book will also prove useful
auxiliary, and will, doubt, awaken in many readers
an interest in the subject and stimulate TO deeper
studies 1t is model of what great law writer calls
the difficult OF perspicuous discreet, and interest
ing xpositou composed in the spirit OF the ancient
wrists and worthy by its merits OF form
stance to have for Its motto the words OF Jusnian