The sun., 1894-03-04

70 the FORM Ct statute. not With the eN nerts-
tion that the work Of judicial Interpretation
will be no longer necessary. but with viewtc
reduce the necessity Of Interpretation and Of
| judicial legislation TO the narrowest rrsotlca.
lie limits. and to remove. as Tar as MAY be- the
existing uncertainty in the law.
"
since the time Of Jeremy Benthsm. II h.,
been the fashion IN certain quarters to snesr
at Sir william Blackstone. and II has even been
asserted that It would he we'll for the serIou.
student never to look into the famous Com.
mentaries. This is not By any m ca ns the view
commended by these lectures to the law stu.
dents Of Yale Unlversity. Judge Dillon draw,
n distinction which the Assailants OF Black.
stone overlook. and cautions us not to regard
the Com m entaries from wrong point OF view
We arc reminded that Blackstone was a
teacher whose purpose IL was to set forth the
English law as It then existed. and not re-
former whose purpose was. to point out its de-
fects with q view to its improvement. II Ia al.
mitted that the two functions are not incom.
patible. but although IL might be expedient.N II
is not necessary in an institutional WORK
whose design is to state the law as 1t IL, that
the author should expose and emphasize the
imperfections OF the system which he is ex.
pounding. It is acknowledged that Black.
stone did not possess the critical faculty
and that consequently. he was strongly In
cllned to view the laws OF England with the ey.
OF an idolater. and thus rarely saw anything
but perfection and beauty In the object OF
his Worship. At the same time. tits contended
that Blackstone's generalizations are clear
and concise. that his historical researches are
minute aud. in general remarkably accurate.
and that his book unlike many modern works.
lie no mere digest and arrangement OF cases.
a...N -
point OF accuracy the author quotes
Mr. Dgby. who. in his History OF the
Law OF Real Property. says that Black.
stone still remains unrivalled as an eIposltor
OF the law Of his day. Ii will be seen" he
adds. that Throughout refer to Blackstone
as the great authority OF the earlier law.
without going back to the original sources"
Another weiRhty opinion cited is that OF Sir
Frederick Pollock to the following effecti
"Blackstone's work was an excellent one In
his time and according to his lights; We might
honor him better at this day than by a blum
dering lip service. which. as rule. effectually
excludes the knowledge Of what Black
stone really wrote. The modern editions
spoil Blackstone as literature. without pro-
ducing good account Of the modern law.
One consequence OF this Is that the historical
value OF blackstone in his genuine form 10
apt to be sadly underratcd." Judge Dillon
takes leave Of Blackstone by urging every NV
yer to make q point OF reading the Common
taries In their original edition once every year
In chapter entitled "A Century's Prog
ress," Judge Dillon points out that in the
United States e We have established the secur-
ity OF titles to lands by a public registry sys-
tom which. In effect. compels the registration
OF every instrument which concerns real prop
erty." One regrets that in connection with this
subject. he did not refer to the far greater Sc
urit NJ IA oil voft trao