The Providence news. (Providence [R.I.]) 1891-1906, 1896-08-21
Legislation Cannot Force
Pace Anywhere.
MUSes Of Legal History" Very
Clearly Presented.
Address of Noted English Jurist Be-
fore Bar Association.

q very able paper on The Uses Of Legal
History" as follows:
The paper by Montague Crackanthorpe
on THE Uses of Legal History" after a
review Of the development OF English
law, pointed out the value of a knowl-
edge OF this development and of a scien-
tific understanding of archaic law. In the
practice of today. and concluded with a
plea that the younger men should pur-
sue the study Of legal history side by
side with their strictly professional
work, and that the older men should
remember that there are more things
In the heaven and earth Of legal practice
than are dreamt Of in their actual ex-
perisnce.
Mr.. Crackanthorpe began his address
by paying strong compliment to the
standard of legal education in the United
States. of which he said: Your stan
dard of legal education is very high
one. higher. indeed. than 1t is In my own
country. II l am not misinformed you
have i'm the United States some rs law
schools. OF which 65 are associated with
universities. The reputation OF at least
one Of these. the Harvard law school,
has long attracted the attention of
Europe.
In London, although IL Is the capital
OF an empire and a central seat of JUS
tice, no such advantages are TO be had.
The only university London possesses
is not a teaching university at all, but
mere examining bosrd-a defect which
has of late occupied the attention OF
many educational reformers and two
royal commissions. each composed OF
men OF eminence.
Viewed in the light of what has been
said, IL is not surprising that English
lawyers should be reproached by conti-
mental observers with knowing little
about the scientific side of law or the
connection between the various systems
of Jurisprudence which prevail In diff
ferent countries. England, we are told.
produces many first-rate advocates. oc-
casionally very great judges, but rarely
q scientific, or comparative 1urist.
The imputa ton is, am bound TO admit.
not wholly unfounded. With some OF
our judges and practitioners the very
word jurist' is in bad odor. i will tell
you what jurist means said not long
ago a distinguished member OF our
bench, "A jurist is a man who knows
little Of the law Of every land except his
own
The speaker then went on TO define the
limitations between knowledge of cases
and the scientific knowledge of law in
general. There was a great lack of such
knowledge among practitioners. he held,
and also in the regular text books, yet
there was not only pleasure, but profit.
In the study of legal history. In regard
to the study OF early English history
the speaker pointed out the necessity OF
freeing the mind from all preconcep-
tiony. as the moral ideas OF the past were
not those OF the present The tendency
of civilization is to enlarge the law from
the domain of morals to convert the
voluntary morality of one generation
into the obligatory law OF the next
In regard to the growth of Anglo
American law the speaker said: Its
origin is composite like that OF the race
itself. Its staple is unquestionably
Anglo-Saxon, but there is large ad-
mixture besides 1t may, for al We
know, he'd a British or Celtic element
concealed in some unknown form which
has hitherto eluded our vision. 1t Is
certain that II contains a Scandinavian
element, imported by the Danes, and a
Frankish element, imported by the
Normans. The extent TO which the
Roman law has also entered in Is
matter on which there is much difference
of opinion. That portions of Roman law
did. in fact. enter in, without becoming.
SO TO speak, naturalized amongst US, ],
for one, fully believe.
In pointing out effect of laws upon
social changes and of social changes
upon the laws, the speaker said that the
effective laws OF country ARE only an
expression of the national tone and
temper for the time being. Legislation
can never force the pace IL must al
ways lag behind, rather than precede
the popular demand for it," AS TO the
effect OF law in English history. he
pointed out the way I'm which the Nor
man form OF tenure In which the vassaI
owed allegiance TO the king instead of TO
his immediate lord. had an effect on the
. power of the crown, and also how the
blow at family entails during the war
of the Roses affected society by giving
the wealthy members of the middle
classes a chance, and encouraging the
operations of commerce. Studying the
growth of law meant. he held. studying
history as well, and had liberalizing
tendency on the student who. though
engaged in the practice OF his profess
sion. escaped being made its slave. and
gave him an insight into the social and
political life OF the past as reflected in
che mirror Of the present.
In conclusion. Mr.. Crackanthorpe went
at some length into the question OF the
value of legal history on the practical
side OF the lawyers work. lie cited
several cases showing the effect knowl-
edge OF the older law had upon the pro-
cedure ard final results and closed with
his plea Tor the uses of the study of legal
history