The Washington herald., 1909-03-21
DR.. HENRY GOUDY SCORED
BY HON. HANNIS TAYLOR
Famous JuS Pay High Tribute to Americans Discovery as TO
the Worldwide Fusion That Is Now Going on
Between Roman and English Law


To the Editor of the London Times:
In the Juridical Review for January Dr.
Henry Goudy, regius professor OF civil
law at oxford, has made violent attack
upon my recent work, The Science Of
jurisprudence" in an article entitled
'Plagiarlsm-A Fine Art" AS I will suf-
fer serious damage should I withhold my
reply until the April number Of the quar-
terly review in question, will you be good
enough to give me space IN the Times, so
that the people OF the realm OF fair
play. who have done me good deal Of
honor. may hear my side Of the matter2
At the suggestion famous and cherished
friend. who Is a member Of the teaching
body al oxford, sent, with my compli-
ments. a copy OF my new book to DR..
Henry Goudy. After considerable in
terval. the book was returned with an
insulting note. in which was informed
that the writer intended 10 denounce il
on account Of the use I had made Of the
writings of Prof AIuirhead and Dr.
Greenidge." When further examination
revealed the fact that there was really
no complaint 10 be made, so fax as they
were concerned, the scene wldened. with
DR.. Goudy's resolve 70 add Dr. Rudolph
Sohm. Mr.. Bryce, and Dr. Grueber TO
the list Of those for whom he has under
taken to stand as a self-constituted guar
dian After frankly declaring that apart
from the chapter on External History OF
Roman Law I have not examined DR..
Taylor's book" DR.. Goudy pronounces a
deliberate judgment on that chapter as
q whole in his concluding declaration that
I cannot do otherwise than characterize
the whole chapter on the History of
Roman Law as an impOstUre" That
thesis which he thus assumes he has at
tempted 10 maintain % by a deliberate
and aTtful cOncealnent OF the far-reach-
ing and original generalization that chap
ter announces for the first time % BY a
spiteful and ridiculous attempt % prove
that authorities that have been cited with
all proper frequency not only IN the
notes. but in the Table Of Authorities"
should have been cited Oftener still
In the first place. I shall ask judgment
Of the jurists and scholars Of the British
Isles upon one supposed 10 be an expert
in Roman law, who undertakes 20 con-
denim, as an ''lmpOsture" q chapter max
ing a new and far-reacning generalization
on that subject. while he carefully con-
motive, of that chapter is embodied in
that generalization. After thirty years Of
study in comparative law. the idea
dawned upon me, while analyzing the
law systems OF the Latin-American re-
publics, whose constitutions are substan-
TALLY English. and whose private law is
substantially Roman, that a worldwide
fusion is now going on between the two
systems. out of which is arising what I
have described as the typical state law
system Of the future. In announcing the
matter in advance in my preface. l have
said; "JUrists who view the existing
state system Of the world as a connected
whole cannot fal 10 perceive, when their
attention IS specially directed 70 the sub
Ject, that within a century, in the blend
ing Of Roman and English law, there has
occurred a phenomenon that marks a
turning point in the history OF legal de-
velopment- After centuries Of growth,
Roman public law. constitutional and ad-
ministrative. perished, leaving behind Il
the inner part, the private law, largely
Judge-made. which lives on as an i'm
mortality and universally; as the ittest.
II survives. In the same way, and for
the same reason, English public law the
distinctive and least alloyed part of that
system, is living on and expanding as the
one accepted model Of popular govern
ment. The phenomenon in question is
presented by the blending now going on
between the strongest elements of~Roman
and English law in the state systems OF
Continental Europe. IN those of Latin
America. and IN that Of the State OF
louisiana. If the existing state system
OF France is taken as a typical illustra-
ton, we there find the outer shell OF the
state, the system Of parliamentary gov
ernment, TO be purely English through
deliberate and recent imitation. while
the interior or private law IS essentially
Roman.
The same thing may be said Of every
other Continental European state having
q parliamentary government. This
far-reaching generalization. now submit
ted TO the consideration OF students of the
science Of jurisprudence for the first
time. so far as the author knows. has
been subjected IN advance to the search
ing and approving criticism OF q few of
the most eminent jUrists OF the English
speaking world" Since Dr. Goudv has
taken the liberty of dragging Mr.. Bryce
into this controversy. feel that have
the right to say that he was the FIRST
10 whom I submitted my manuscript on
this subject. and on the margin OF II he
wrote that the matter, as stated by me
was entirely new TO him. I then for
warded the manuscript. with Mr.. Bryce's
comments. 10 Prof Thomas Erskine Hol-
land, who wrote from Oxford in reply:
In particular with Bryce am I struck
with the truth and originality of what
you say (on page 9 Of the preface) as 10
English public law as the outer shell
ana Roman private law as the interior
CODE and must look forward to your
promised illustration Of this idea in
ful chapter on Latin-America, as you
say an unpiowed field"
After the publication OF my book I sub-
mitted my new thought as 10 the fusion
OF Roman and English law 10 the great
est Romanists Of Germany-Dr. .Rudolph
Sonm ana Dr. Won L. Mltteis, Of the Uni
FerSlty OF Leipzig. I was grateful, OF
course, when the latter. with a frankness
and generosity DR.. Goudy could never
understand, replied:
began immediately with the reading Of the book.
and am enthralled by Il. The idea az ren-psentirg
the operation n Roman and English Law h ,,,,; /
FeIsal hlstorlcal relations is fruitful as Il is
silendldi and have found in your book a rrra+
N-- "a -i.'t1u'e4ul anu lnaEN0lon. 1t is a work
Whose study appeals % the heart Of every man I
as RomaniSt, am particularly delighted 10 flrd |
comprehensive appreciation Of the lasting and i'm.
mortal significance q the Roman law 30 TIE most
distant regions. and have found in II A mas. m |
facts With which / was unfamiliar The cospbsns
ton OF English and Roman elements Of Law which
You portray is most interesting. and only a scholar
who possesses almost incouprehensible kpoVlsdgs
Of both systems Of law could produce such a work
The breadth Of your view has at all times excited
my wonder.
Dr. Sohm, after insisting upon certain
qualifications Of my formula, said:
Tour thesis of the two legal systems Of the ,vol5