Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1875-05-20
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to attack, and thoroughly sap the faith
Of the English profession in their early
idol, and he was compelled, in order to lind
readers, TO publish his earlier works on the
subject in French, and at Paris. He it was
who first in England, although from a util-
tartan standpoint which has itself since
Oeen tieIcely assailed, pointed out the eX-
istence Of certain ethical principles which
uIderlie ali laws. He was ably seconded
during the first quarter Of this century by
the eminent English lawyers who advocated
and secured tine ameli0ratiOn Of the
barbarOus criminal code Of the COM
mon law. Our American jurists, Kent
and S,OTy, next set the example Of
freely resUrting 90 the sources Of the civil
law. and its commentators, either for IT.
lustlatiOn or to bring 10 the discussion of
common law questions the reasoning Of
1.-The civilians. The way was thus prepared
/ for Austin and his mastery Lectures on
Jurisprudence. And ROW, Sir II. Maine is
meeting the civilians o.. their own ground,
and has, by his Ancient Law and Village
Communities, thrown a 1lOOi of light on
the origin Of laws and their gradual evO.u-
| tiOn. The lawyer 1f the old school is sur
prised 10 liud the theories Of Darwin and
/ the philosophy OF Spencer brought TO bear
/ in the explanation Of the anomalies Of the
| law Of descent and the iuJTiCacies Of the
/ law Of contracts.
The day has passed, among English
! speaking peoples, when a man may become
/ a great iurist, like Lord Coke, by the mere
study Of precedents, and the mastery OF the
| technicalities, and the technical reasOnings
of a single system \ case in point is no
/ longer the UltimatUm Of the leading law
| yer or distinguished Judge. The precsdenis
/ are becoming so numerous, and, it must be
added, so conflicting, that the juriscOnSult
must, in order to master his profession, be-
come familiar with the principles which
uuderlie all laws. The old analOgies,
AMI the old technical reasoning are
10 longer applicable. The heir can
not be found, upon the rule So
gravely sustained by Coke and Blackstone,
that an estate, like water, must descend,
never ascend. Nor is it any longer salts
factory, as one of our eminent Western
Judges has recently taught US. that death
extiuguishes the right Of action for a per-
sOual injury, either because the value Ct
life cannot be estimated in dollars and
cents because the right OF action necessari-
lv dies wiki the person injured, because
the civil wrong is merged in the public Of
fsusg, or for any other abstrUse and re-
mote reason which might have been salts
factory TO our ancestors. What the courts
require now IS a principle based upon gen
CIsi ethics, or a reason founded On sound
logic.
The Chancellor went on 90 state that the
student must learn the study Of the law as
a science by studying It's history and ascer-
tanning the general principles which under
lie its positive provisions. He alluded 10
the first difiiculty-the countless details Of
the subject. Il was reported Of King
George III that he was WON'T say that when
he had occasion to consult the best law
yers in his dominiOns, nos a man Of them
could do more than refer. The same might
be said Of the best lawyers Of any period.
The principal duty throughout their pro
fessioual life would be to refer. l5 would
repay the time spent in a good law liblHy
20 merely look st The titles and eXteTiOTs Of
books, occasionally ,u.ning over the leaves
20 ascertain tEe da.a OF pubLca'ion.
The next sep was 70 learn The character
Of books and their authors. He mentioned
Waliace's Reports, as CCntainiuga summary
Of English cases. IL is classification, De
said, tia. enables us, with our limited
faculties, TO master any branch Of human
knowledge.
The next thing for TIE student, according
20 the apl0risgl Of LJri COFe. WAS t0 90 20
the fountain head always, for ia no other
way could Ee understand che application Of
the law accurately. While familiar With
the modern views or a subject, De should
occasionally perUse an cid treatise, and
compare both. The student should make
himself familiar with the mlxims or pTiU-
cip,es oftLa Law. He further recommend
ad study Of the Roman lgw. Noy0ung
lawyer, without serious risks, could iguCre
the treasures OF the civil law. In c0nciu-
sion, Chancellor Cooper alluded I'm f.licit-
Gus terms 90 tls relations # ycung lawyers
% lLC geUller sex.