The Washington herald., 1909-03-21


IN actual results are essentially identical
and only leave differences in tone and
manner OF presentation. The principle
formulated by you has, however, the
great advantage of compressing into a
short statement a thousand-year period Of
legal development by means OF a few
words presenting a sharply defined pic
ture OF an enormous mass of material.
Therefore accept anew my congratula-
uons upon the completion Of your schol-
arly and valuable work. which viii nor
fail TO furnish great stimulus and en-
couragement to scholarship" As my
thesis relates specially 10 the Latin
American world I next submitted Il to
the most eminent jurist from that quar-
ter Senor Nabuco. now Brazilian Am
0assador at Washington. He answered:
BY turning coordination into synthesis you show
the link between masses Of facts apparently sep
arate. There In history two magnificent fabrics
ot social discipline and organization: the Roman
private law and the English political or public law
II would be impossible 10 survey the whole field Of
either without wondering at their breadth their
aohdity. and their fnality. You are the first. hoN-
ever. to merge the two into common concern:
that Is. % blend together the spirits OF unity and
liberty which characterize respectively the old and
modern Civilizations. That conception of yours Is
tulLeilLly slekeotlse and tull or r0tentalrGS Tor
new scholars: it viii give interest both to the
study Of Roman Law and Of English institutions.
7 then submitted the matter 20 Dr. John
Westlake, the great authority on interna-
tional law at the University Of Cam
bridge. he answered:
This is a sane and fruitful generailza-
tion. BY giving its due part to each Of
the two influences in history. it should
assist in bringing peoples TO understand
one another. The ROmanist should learn
10 study. respectfully. the notifications
which the English common law has made
for itself in Roman private law, and the
English lawyer should learn not 10 boast
as II his common law were all or even.
in the main. hts national creation. Each
may be content with the great claim
which, barring some notifications, is al
lowed him"
Judge Shackelford Miller. dean Of the
Jefferson School Of Law and a specialist
in comparative law, has said in a care
fully prepared review OF my book:
Indeed. it must be said that The Science Of Ju-
rlspIudence" = the most important contribution 70
the scientific side Of law that has appeared on this
side Of The ocean since Names Ancient Law was
published in ls6i The generalization Of the fusion
Of Roman and English law now arst worked out
by Dr- TAYLOR is an entirely contribution 70 le
gal and political science Like the accurate and
profound generalization of Maine. that summed up
the agencies Of legal progress IN fiction equity and
legislation. this and equally accurate and pro
found generalization Of Dr. Taylor must be readily
accepted by students Of iurispruderoe everywhere.
That entirely new contribution 10 legal
and political science" which has been
thus warmly commended for its truth. its
originality. and Importance by some or
the greatest Jurists OF the world is the
undertOne, the essence, the motive OF
Chapter III on the External History OF
Romans" which DR.. Goudy has under
taken 10 denounce as an "Imposture"
And yet when DR.. Goudy's bitter article
is searched with a microscope from be
ginning TO end there is not 20 be found
in IL the faintest allusion to the existence
Of the one great thesis for the main
tenance OF which the chapter exists
Neither jurists nor moralists differ as to
the potency OF the maximum. "s1presslO
veri, suggestio falsi" DR.. Goudy has not
been able 10 see the barn door al all: he
has only perceived a few flies upon Il.
He does not attempt TO deny my author
ship OF my title 20 the entirely new con-
tribution;" he does not intimate or claim
that any one Of the jurists for whom he
has appointed himself guardian ever
dreamed OF it. He simply ignores its ex-
istence, and then attempts TO demonstrate
that when I deal with the commonplace
details OF the history Of Roman law.
which are the property Of everybody. 7
have borrowed phrases from this or that
Specialist. or that certain authors that
fnnr Hrn -H~
should have been cited oftener still. Thus
in the one moment of a labOrious life in
which 1 am happy over the thought that
have at last discovered something new
and important. in the midst Of the con-
gratulations that are coming 20 me from
great Jurists Of more than one country.
Dr. Goudy attempts 20 cloud II all By de-
nouncing as an 'imposture." a playa
rism,' the only enduring memorial I can
hope TO leave behind me. Is not the fact
OF his attempt 10 conceal the barn door.
while he exhibits only the flies he thinks
he sees upon 1t, sufficient revelation Of
the bitter professional jeaIously that has
prompted him to resent my intrusion into
a field which he seems TO consider all his
own, and yet TO which he has contributed
absolutely nothing2 He has never been
able 10 make book of his own; he has
only been able 20 contribute a few notes
TO very worthy book Of another person.
/ have therefore, confidently and trustingly
relied upon the accuracy Of his edition OF
Muirhead on Roman laws But now he
tells US that Il Is unreliable: that I have
been misled by mistakes he has failed
TO correct in II. That is a damaging con-
fession, because when he undertakes 20
maintain his charge that my chapter on
the External History OF Roman Law
is an 'imposture," he must put himself
on one side Of the scales, with nothing
but his defective edition Of Muirhead
under his arm, while his condemnation is (
being weighed against the cordial praise
OF the chapter in question which has come
to me from some Of the greatest masters
OF Roman law in the world
I feel that I have thus clearly demon /
strated that DR.. Goudy's passionate.
prejudiced mind is incapable of the crit
ical function, so purely judicial. first,
because he has attempted 70 defame a !
book he admits he has never read: sec
ond. because. in denouncing as an i'm
posture the only chapter he has read.
he has carefully concealed and excluded
from the view OF his readers the one
great subject matter upon which its mer-
It's really depend. After thus laying bare
his critical incapacity as 10 large things. !
am 1 really called upon to consider the
pitiful technical details as 10 phrases and
citations concerning which he makes such |
tO-do. May 1 not well dispose OF such |
matters by repeating the maxim-Ex uno |
disco omnes? But waving that privilege, |
will consider his objections under the /
rule he himself lays down. He says: ITO |
a reasonable amount OF borrowing by a 1
writer from hts predecessors. especially