The ACT to Amend Some of the Proceedings, Practice and Rules of Evidence of the Courts of This Commonwealth; Passed by the General Court of Massachusetts, in the Year 1851

The ACT to Amend Some of the Proceedings, Practice and Rules of Evidence of the Courts of This Commonwealth; Passed by the General Court of Massachusetts, in the Year 1851 : Accompanied with Notes, References, and a General Analysis of the

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1851 edition. Excerpt: ...respectable barristers assert that it is now universal at the English bar. During the past year, a commission has been authorized by Parliament, upon the promotion of the attorney general, which is now considering the subject, and which is expected to report what can usefully be done. Having for these reasons concluded that the English system of special pleading is not to be adopted, the inquiry recurs, -What is to be done? Shall we rest with what we have, or borrow a plan from a system of foreign law, or attempt to create a new one? We can advise neither. ' There seems to us to be decisive objections to each. To rest as we are, is to continue to impose upon the people of the Commonwealth a burden of delay, vexation and expense, which in our judgment necessarily grows out of the present state of things. To borrow a plan from a system of foreign law, would be extremely hazardous and inconvenient. There is an intimate connection between a system of law and its modes of procedure, and we should fear to try the experiment of raising such a foreign plant in our soil. The habits, terms, modes of thinking, and all that enters into the practical working of proceedings for the administration of justice, and causes them to move kindly and easily, forbid such an attempt. Still less should we be willing to create a new plan. We have no such confidence in our own powers as would permit us to engage in such a work. Indeed-we have little respect for such a work, in whosever hands it may be. From the days when Mr. Locke created a constitution, down to the production of the last code which came out of the closet of any professor, we believe one important lesson has been taught, that all law should be derived, not created; deduced by experience and careful...show more

Product details

  • Paperback | 80 pages
  • 189 x 246 x 4mm | 159g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236824407
  • 9781236824400