New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-08-21

.,-sonsI knowledge. since have the nonor to be
member OF IL p a Is Command It cannot do
,,r,,ch more than instill elementary kncwieoge ana
that for 'n The only university london
is not teaching unyersy a. an gu, , 'e' ece,
n,ed The attention OF many educational reformers
and two royal commissions; each COMPOSED OF men
cf eminence. The latter OF these commissions re-
rorted two years ago in favor OF making the So
called University OF london teaching th a as well
nended the appointment OF STATUTORY commits
sion s 0 WHICH Mn t B furnished H an V outline am
Sappv TO say that early In last July a bill was IN
reduced TITO Ps9msnt BY the Goysrn
Sssion and il is to he hoped that before long the
ngua aSns of an 6e 70 sea ee
.. the world be without teaching university. will
~ se surprisihr that english lawyers bred ike
nnyyTosched by Continental observers with knowing
little about the scientific side of law or the con
..acor between the various systems of iuris-
gruEa,esrnd we are told produces many Srsterafo ad
ttoSsies occasionally very great judges. but rarely
,,G s''f IS. am bound 70 admit. not wholly IN
,,'orers the very word 'jurist is IN bad odor. II
nj tell You what iurist means" said not long
s AZ" distinguished member Of our bench pre-
rsturely, alas taken away from our midst; "a
every lard except his own
LACK OF SCIENTIFIC KNOWLEDGE.
The speaker then went on to define the llmita-
lions between knowledge Of cases and the scien-
fife knowledge Of Law in general. There was 4
Great lack of such knowledge among practtion-
ers he held and also in tho regular textbooks.
.et there was not only pleasure but profit IN
the study q legal history. In regard to the
study ~ early English history. the speaker
roirged out tie necessity Of freeing the mind
from all preconceptors. the moral ideas OF
the past were not those Of the present. The
tendency Of civilization is TO enlarge The law
:ro. the domain Of morals. to convert the vol
untsry morality of one generation into the
obligatory law OF the next. ne irstanced par
ti.ulariy the growth in the law of trademarks.
ir the protection of trade morals. n regard
70 the growth OF Anglo-American law, the
speaker said.
It's origin is COMPOSITE like that Of the race itself
: iarge aGnixtlSe besides II may for all We
know nod British or Celtc element conce 1sse9
our vision Il IS certain that Il cort2ins scandi-
navian clement imported by the Danes and
Franksh element imported by the Normans The
extent 10 which the Roman law has Else entered n
opinion. That portions Of Roman law did. In fact
enter in. without becoming. 50 TO Speak natural
yoa 1 pSTmssio 5 Vii vi GIVE my T reasons
we start with the endeniahle fact thai TOT more
province. and was occupied BY Rcman iesions Tor
Justice IN rhe forum OF York if We may trust Dion
Cassius. whiting in thc third century: and Ulpian
student Of the civil law. exercised the functions OF
assessors in ohc- parts Of the Island. according 70
tradition current at the time Of the common
wealth and which is vouched for by John selden
Characteristic OF ancient Greece was love Of art
81 he CHARACTERISTIC ~ ancier. Rome was love
strange II Roman jurisprudence. though planted
originally in Britain by force Of had not left
Is mark behind long affer the victorious leEions
am aware 5tat Sir Frederick Pollock and DR..
Midland. IN their monumental work on the history
r English law published in 1875 contend the con-
Roman Law introduced into Eng and t-nand 81
least On any appreciable scale They admit now
over. that 4 found its way there Is early as the
eighth or ninth century AT second remove, and
thst this Introduction was effected through the
English clergy. who brought with them Latin
forns and phrases primarily intended for ecclesi-
- rrsar " They also admit THAI with the Norma =
INVASION further importation Of Roman law too
place the dukes of Norma dy having adopted ITO
Official machinery Of the Fra nSsh Government, In
Guiding. Of course. whatever Roman elements had
been taken up by the Franks They add that in
This way institutions which have nowadays the
rected through the customs Of Normandy with the
system Of government elaborated in the latter cen
tures OF the Roman Empire.
In conclusion Mr.. Crackanthorpe wen. az
some length into the question of the value Of
legal history on the practical side Of the law
.er's work He cited several cases showing the
effect knowledge Of the older law had upon the
procedure and final results. and closed With MS
Plea for the uses % the study Of legal history.
At the close Of the address the reports Of spe-
Cial committees were received.