The Arguments of the Honorable William D. Shipman and Frederic R. Coudert; Before the Judiciary Committee of the Senate of the State of New York, in Behalf of the Association of the Bar of the City of New York, Against the Adoption of

The Arguments of the Honorable William D. Shipman and Frederic R. Coudert; Before the Judiciary Committee of the Senate of the State of New York, in Behalf of the Association of the Bar of the City of New York, Against the Adoption of

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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. 1881 edition. Excerpt: ...is not left to them, as a principal part of their oflice, a wise use and application of laws. For they may remember what the Apostle saith of a greater law than theirs: Nos scimus "quia Zem bona est, modo quis ed utatur legitime."' This argument is, perhaps, however, unnecessary, as the point contended for must be plain, even, to quote from a distinguished authority, " to the dullest apprehension." ' A general treatise on Statutes (edited by Mr. Justice PLATT POTTER), p. 204, this treatise is highly approved by Mr. Chancellor KENT, comm. Lect. XX., p. 469, note (c). ' I. Comm. p. 342. There is yet a point to discuss which is somewhat connected with the present question. There are perhaps law yers, to whose learning a Code of Statutes would give additional certainty, but it is impossible that the law should return to the primzeval simplicity which required only intuition. They say, "let us have a written rule (no matter what), and then we can see it." It is proposed to exchange the incomparable qualities, that have given to the learning of abstract principles its preeminence among the world's systems of justice, for the cheap framing in statutes of the frames of fundamental rules, in each branch of the law, against which, before a learned Court, no argument will be listened to. _The State is like ESAU; it gets a bookful of legal platitudes for the Common Law;--a set of uncertain oracles, whose look of fixity hides confusion, for those unwritten laws whose applicability shows like a seal the legal aspect of each case;--an attempt to measure the world with a yard-stick, for common sense. Sir F. Dwnmus wrote, " Speculative men complain of the unwritten law, and of the capriciousness and...show more

Product details

  • Paperback | 40 pages
  • 189 x 246 x 2mm | 91g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236800060
  • 9781236800060