The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1904-01-18

In casting about for a subject upon
which to address the Oklahoma Ban
association. it occurred to me that 2
brief consideration Of the subject OF
Comparative Jurisprudence might
prove less wearisome TO you than any
other topic ! might write upon
reached this conclusion for the reason
that do not feel competent 10 say any
thing upon the practical and every
day problems of the profession mat
would either instruct or entertain youi
ana for the further reason that for
some time J have been making a col
lection of the laws and constitutions
of foreign countries, and the study has
proven so interesting to myself that J.
have ventured to hope that a brief
sketch Of the different systems OF jur-
isprudenee may interest you.
Broadly speaking there are four
systems of laws in force among civil
ized or seml-civilized peoples;
First: The civil or Roman law, more
or less modified by local customs or
modern legislation, prevails today In
all the European countries which form
. da part of the ancient or medieval
Roman empire: that Is to say In Italy,
in Greece and the rest Of southeastern
Europe $50 far as the Christian part OF
the population is concerned in Spain,
Portugal. Switzerland. France, Ger
many. Belgium and Holland The lead
ing principles of Roman Jurisprudence
prevail also in Denmark. Norway, Swe-
den Russia. and Hungary; and In the
Canadian province Of Quebec, Ceylon,
British Guiana, South Africa German
Africa and French Africa; also In the
regions formerly owned by Spain or
Portugal, including Mexico, Central
America. South America, and except !
as recently modified in the Philippine /
islands; also IN our own state of Louis
lana.
Second The English common law
which. except as modified by leglsla- /
ton. IS in force not only hi England I
and the United States Except Louis /
lanai and the Hawaiian islands, but /
in Wales and Ireland, and IN most Of I
the English colonies, Australia, New [
Zealand and all Canada except Que
bee; and in India. although In India |
a native law is also administered. III
Is estimated that there are probably |
one hundred ana thirty millions OF /
persons (without counting the nations
Of lndia) who live under the Englisl |
common law. Aad the number living !
under some modern form Of yRs Rg
man law Ia stlli larger.
Third; The Mohammedan law or
the law Of Islam, which is In force in
India. Persia Turkey in Asia. TurkeN
in Europe, Arabia. Little Tartary and
Little Bollhara. comprising an i'm
mense territory, six times greater .han
the whole Of Europe taken together
Fourth: The Chinese law, which Is
sui generis. bearing no relation what.
ever to any other system, and which
prevails In China with its four or FIVE
hundred millions of people, and which /
is also the foundation upon which iHl
built the modern system of Japan.
j Is of course impossible in a paper
like this 10 go into q full discussion oi
thes@ differsus forms of law the one
or the other OF which governs the
whole civilized globe, but brief no |
tice OF their origin and OF some of
their peculiarities, of their points of
difference and of their resemblances, |
may be found OF interest
The Civil Law.
The civil law is derived from the
ancient Roman law as developed in
the long course Of its history as o
kingdom, a republic and an empire, /
from the foundation of Rome. tradi- |
tionally $50 years before Christ, 10 the
codiflcatlon under Justinian A. ID. 52S
more than twelve centuries and half
Its earliest principles ana regulations
are ascribed TO Numa, the second