The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-08-23

Masterpieces or Legal Literature.

comprising more than 4 1890 pages. and On
titled Legal Masterpieces (St. Paul. MINI
the KeeRe-D Davidson Coz, the author, Mr.
VAN VECHTEN VEEDER, has undertaken I,
collect from the extensive field of British
and American legal literature specimen,
Of the best models Of the various forms o.
discourse in which a lawyers or iurist''
work has been embodied. While, however
IN the specimens selected. much In made Of
style ana form. II must not be inferred tina,
substance is overlooked On the contrary
the authors aim has been to choose, IN far as
this is practicable, topics of general interest
and abiding Importance, and to present
these topics through the medium OF some
great legal personality The practical
effect of studying the examples Of legal
literature here brought together should b.
considerable, The amount of time wasted
at the bar in needless discussion ia meal
culable Much of the waste il due to In
adequate preparation and loose thinking
large proportion results from what has
been described rs the "garruity sometimes
called eloquenCe - the habit OF dwelling
upon a strong point after its strength has
been exhausted The bench also IL often
guilty OF useless amplification. The author
of the book before us suggests that If
Racons plan to "Cut of the tautologies and
impertinences Of judicial opinions were
carried into effect. II would make short
work Of the ma ss Of case law Inter1nina-
BILE opinions on questions OF fact, elaborate
rastatement of well-settled principles, and
the superfi,ious and mechanical citation Of
precedents are conspicuous among the
causes of the present delnge Of reports.
In the case OF jur!sts AZ well as Of advocates,
close study OF the best models should
bring about better conception of intel
lactual reserve. finer sense of proportion
and mo~" who'es"m" mental habits OF DIS
criniaatIpn N"r w"Ild tl'e value OF
study %; legal masterpieces be necessarily
o)niint! ~ members Of the 'eGi! profession.
Mr. JoI1 Morley has recommended such
stuiv of "r"asuning IN real matter. az part
oi practical education. Such study, lie
thinks. would make such manual as no
other matter could. Tor opening PLAIN mems
eyes TO the logical pitfalls among which
tley 60 stumbling and crashing when they
think they are disputing lik" Socrates Or
reasoning lk" Newton. They would see
how proposition or an expression that
looks straightforward and unmistakable
Is yet on examination, found to he capable
Of he lring several distinct Interpretations
and meaning several distinct things
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Or the nIheteeh Jurlsts or advocates, ex-
amples OF the opinions or arguments OF |
whom are given IN the volumes before us, !
seven are British subjects ana twelve Amer !
lean citizens. There are TWO long citations |
from LORD Mansfield; i've from IN omas |
Erskne; one from Lord Stowell; one from |
Jonn philpot Currah; one from Lord
brougham; one from Sir Alexander Cock
burn; and tonr from Lord Bowen. The |
american Jurists quoted are CHEZ Justice !
Marshall and Justlce Benjamin X. Curtis: |
the American advocates are Alexand |
Hamilton, Horace Binney, Wende II Phillips. !
Charles oGonor, Richard Henry Dana. !
Jeremiah y. Black, David Dudley Field. |
William M. Evarts, and James G, Carter. |
To benjamin X Curtis the editor Is indebted |
for the judicial opinion delivered In the
bred scott case, and Tor the charge to the |
jury in the case OF the United States against
McGlue, tried for murder in 1851.
Whether any opinion delivered from the
bench can. or should. exhibit the literary |
graces of emotion. imagination and form
may be disputed: our author himself ad-
rnits. in an introduction, that law ceases to ,
In nrfi Ia. Ill,