Law in the United States
Author(s): J. P. B.
Source: The American Law Register (1852-1891), Vol. 3, No. 1 (Nov., 1854), pp. 60-61
Published by: The University of Pennsylvania Law Review
Stable URL: https://www.jstor.org/stable/3301720
Accessed: 10-04-2021 18:16 UTC
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60
LAW IN THE UNITED STATES.
LEGAL MISCELLANY.
LAW IN THE UlITE) STATES.
The difference in both the study and the practi
between the United States and England, is very con
it is becoming greater every day. In England, the l
his books for authority, but in this country we have c
little that is, in the strict sense, authority. Nothi
such, but the decisions of the highest tribunal of o
and of the United States. For, in regard to the adju
English Courts, before the settlement of this cou
always room, theoretically at least, for the doubt, wh
fathers brought with them a particular doctrine, as ad
altered relations and circumstances, while the mass
administered in the Courts at Westminster, was se
period; and it is not, therefore, strictly conclusive
we have already reported in this country, more cases t
in the English books; we have thirty-one states, and
obliged to follow the decisions in a sister state. Yet
that are not absolutely binding, have a weight as q
And no practitioner can properly or safely appear
on any question of difficulty in the law, without refe
English and American decisions that bear upon the
When we consider the accumulation of reports,
fifty, not to say five hundred, years will produce, it is
see that to keep track of all the reported cases, will
upon the exertions of those gentlemen in the professio
their choicest hours in smoking cigars, or lounging
inn. And not only to those gentlemen, but to man
pretty sober habits, the prospect must look somewhat
Now, what is to be done about it ? In the first p
whom the Lord has never given brains, will do be
law, and seek some other calling. The profession th
the paying point, let each remaining man strip the ruf
shirt-bosom, and go to work. Let him feel below t
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LAW IN THE UNITED STATES.
61
cases for the solid timber of principle, and from such
such men, let the fabric of our future American Juris
reared.
To be more precise, lawyers must arrange and argue
more upon principle, not, however, to the neglect of
and judges will, as a necessary consequence, ground the
more upon principle. The writers of our text books m
principles, supporting them by cases, only as spiles bu
earth support the structure above that is to be seen an
this way, the law will become an instrument of the highe
to its practitioners; and, although a competent knowledge
then, as now, be unattainable in a day, yet it will be q
the reach of the human intellect for all future time.
prudence will become, in some respects, more like the
but vastly better, departing essentially from the techn
scientific form it wears in England. But if we follow
English track, we shall find it, not tolerable, as there,
to our very different circumstances above adverted to,
tolerable. The only way of deliverance, open to us in s
will be that of codification, which, however good in it
not be good laid on such a foundation.
Another consideration is important, because it is pr
we leave the future entirely out of view, no lawyer, e
present time, can do himself credit, or his client the h
vice, or open for himself a position of eminence in the
unless he studies and argues his cases upon principle.
do this, unless he makes the principles of the law, in ever
ment, a subject of constant meditation and research. A
good and indispensable, but not "good to be alone;
always be found wedded to principle. J. P. B.
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