The Western Jurist Volume 2

The Western Jurist Volume 2

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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. 1868 edition. Excerpt: ...1868. svo, pp. xi, 466. Price, $5.00. DECISIONS OF HON. PELEG SPRAGUE, in Maritime, Admiralty, and Prize Causes, in the District Court of the U. S. for the District of Massachusetts, 1854-1864. Vol. II. Boston, Little, Brown d? (1)., 1868. Svo, pp. vi, 374. Pricc, $6.00. Notices of these works, prepared for this number, are unavoidably postponed to make room for the reat number of Iowa Decisions which have accumulate on tlliae hands of the porter. They will find 0. place in the next (August) num er. In a notice of one of Professor Parsons' treatises, published in this magazine several months ago, we took occasion to refer in the following terms to the welbestablished doctrine of English and American law, which excludes the writers of treatises from the rank of authorities upon the law, and recognizes as such only the express adjudications of competent courts, in cases duly submitted to their decision: "We have perhaps an almost superstitious respect for the method in which our jurisprudence has been built up out of actually litigated cases, as distinguished from the speculations and reasonings of Roman and continental jurists. N 0 new doctrine, not even the simplest application of one, has been added to the edifice, until it had been called for and its necessity proved by some actual controversy between man and man. Thus its compactness and stability have been ensured by what has been termed 'the remorseless logic of facts.' No single mind, however far-seeing and comprehensive, has been able to build in advance of occupation, to suit his own notions of symmetry. There are some who regret this, and consider the ever rough and unfinished outline of our legal system to be a defect; but to us it seems inseparably...
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Product details

  • Paperback | 172 pages
  • 189 x 246 x 9mm | 318g
  • United States
  • English
  • black & white illustrations
  • 1236815238
  • 9781236815231