New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-12-27
NEW PUBLICATIONS.
PROF. HADbBY's ROMAN LAW

forthcoming number of The Norm America" "''""'
In oonscouence of the loss of portion OK tuc manu-
,er;nt after being mailed TO the eoitor the areic
~nnoars in The Rerieo in mutiated iofm' anu
narred by errors of the press, the writer's ehgagc
"a having made it impossible to rewrte the
lost sheets and transmit them to the printers VIII
che corrected proofs before The Rorec was printed
II is due to Prof Hadley's memory that the
notice if printed at ALL should be as complete as the
writer could we'll make it. He is therefore greatly
indebted 10 the courtesy of The TRIBUNE FOR ITS pub
hcston in full. Though reproduced from memory,
with no aid from notes. it is believed that 1t VIII
correspond very closely in both substance and Ian
ruage with the article as printed in The Reter.
E,, Har,. Dec 2s 1873 ALBERT s. WHEELER.
rRopucr1os TO ROMAN LAWN TWELVE AcApEM l.,.
Istsistsro u Yale College. d Appleton ComPsny
To many persons who have long been IA
rar with the name of the late Prof. Hadey great
Greek scholar and comparative phologer, 1t WILL no
doubt seem somewhat singular that the longest and
most elaborate work he has left behind him. aside from
HE Greek Grammar is a course of lectures upon Roman
law. They exceedingly interesting evidence OF
the versatility of his powers and OF the wide range or
his studies. 1t would appear from the preface that
there was something accidental in the circumstances
which led him at the outset 10 pay special attention
70 the subject Roman law but after his interest was
awakened, his powerful natural aptitude ior sue"
studies and his conviction of their interest and value
the student of history and the man OF liberal culture
as we'll as expectsnt lawyer" to quote has own
vords-led him TO pursue them long and deeply as these
lectures sufficiently testify. He recognized fully and
sympathised with that revival OF Roman law studies
which. beginning in Germany, under the ninence OF
various causes the latter part Of the last century,
and nightly stimulated by the genius OF NieDuhr ana
savigny by the discovery of new sources OF legal
and historical information. especially the Commentaries
OF Gaius, has slowly communicated itself 20 England
and there cooperating with movement In
favor Of law reform, in which Benthan,
BrouGbam. and RomiIy each bore 8 conspic-
though apparently Independent part has al
ready productive OF great change in legislation as
ven legal thought and study and gives promise OF
st greater changes in the near future The subject OF
scientific Jurisprudence, and the problem 1t suggests
best reduce the heterogeneous and complicated
body Of English law to harmonious and
scientific form, has become moro and more en-
crossing. In the consideration OF these SUD
)eots Prof Hadley took q lively interest In
deed. the bias Of his mind towards Jurisprudence
had become decided that IN the last years OF his lie
be frequently remarked that this department was moro
songenal to him than any other. and that II crcum
sdances favored he would gladly devote 20 it his undi
vlded energy Al the time OF his death he was Eeslousy
engaged in the study of international law which he
teaching to the Senior Class OF Yale College, and
WAS also under engagement TO prepare u course OF
lectures upon the fundamental principles Of urspru
dence THIS volume, therefore, to which It's editor has
given the suitable name of Introduction to Roman
Law" u only o partial representation of the
extent and variety Of its authors legal studies.
IL WAS prepared Of lectures TO the
eenof Yale College, but they had also been read
before the students Of the Yale Law School, where
knowledge of the elements OF Roman law has become
@ regular requirements They had once, too, been
in odnaf NJ
versy and had been received there with great favor.
Though having external marks OF unity the volume
ts upon examination to be definitely conceived
and coherent organic whole In the authors words Its
subject is the History and System" Of the Roman
law and the work accordingly consists Of two unequal
parts The first four lectures are devoted to the former
head and the remaining eight TO the latter In the his
torca portion OF the work treated In the following
order the Corpus Jurs its component parts, and the
mode Of s compilation; the Roman law since Justinian,
the Roman before Justian and the of tho
during the republican period. The necessity OF le-
gal history for the comprehension OF the Roman law
system any law system which has passed through
various phases is clearly shown The fourth lecture Is
especially interesting and valuable. 1t contains an ex-
position OF some OF hy formal and technical trans
actions early law and points out the processes by
which the system embodied In the Twelve Tables
was gradually enlarged and hberaizsd by the mass Of
supplementary law, which from time to time was pro-
ulgfd In the praors edct. lecture
given account OF the Jurisconsults, to whom the
smeioraton OF the law was ultimately though tho
official recognition of their views by the adoption Of
them the pret0r's edict was nteary times neces-
sary 10 give them legal authority. I'm general
the prsetor was not an elderly lawyer but middle
aged politician. In matters OF difficulty and delicacy
he naturally dependent ON the advice ofthe iurscon
suits" o. 6l) Whether it be said that the pra
edict not law body of laws" but merely
Z" body Of information" Will depend upon the precise
significance attached the term law. To those who
adopt the analysis OF Austin, the edct will seem entitled
70 the OF Law equally with formal statutes, diff
ferng from them chiefly In the mode OF PRONUNCIATION
The view however implied In the words quoted Is held
sy the leading German writer's, and is theoretically the
aoctrine of Gaius. tBk. ], g.
The second portion of the book which is devoted TO
TIE System Of Roman law, and consists has been
rated Of the eight lectures treats successfully of
status and Family Relations, Property Obligations, and
Inheritance The arrangements corresponds mainly TO
that followed in the Roman institutional books, and
Which is called in Germany the Roman system (das
r5misehe Insttutonensy stem) The only Of de-
parture from 1t that the author places
the subject of Obligations before that OF inner
atanee. and nverts Roman order Of testamentary
and ntestate inheritance. The former change is no
doubt due 10 fact which critics have frequently
pointed out, that the subject OF Inheritance logically
preeupposes an acquaintance with the law OF Obi ga
TONS these form part Of that aggregate Of rights
and obligations rersttas juris) Of which the inheri
tanoe Nerodids consisted and which the death OF
the ancestor devoived upon the heir or,
he is significantly named the universal successor.
Under the head OF Inheritance the author has appar
,nty placed intesae Inheritance first, because of its
tsrer historical origin than inheritance by WILL and be-
sus way he able TO present the rather COM
plicated subject No lectures Of the
series afford better illustration OF the authors skill in
the exposition OF controlling general principles
and grouping inteligiby what is often but confus-
Ing mass OF detail Ii will thus be that exclusive
Of The law OF Actions the volume Is complete insi-
treats Of That nnrtinn OF the