An Essay on Professional Ethics: Second EditionSharswood, George
Philosophy
An Essay on Professional Ethics: Second Edition
Sharswood, George
Legal ethics -- United States
This brief sketch of the true province of legislation is enough to
evince its vast importance. How great is the influence of the lawyers
as a class upon legislation! Let any man look upon all that has been
done in this department, and trace it to its sources. He will
acknowledge that legislation, good or bad, springs from the Bar. There
is in this country no class of lawyers confined to the mere business of
the profession--no mere attorneys--no mere special pleaders--no mere
solicitors in Chancery--no mere conveyancers. However more accurate and
profound may be the learning of men, whose studies are thus limited to
one particular branch, it is not to be regretted either on account of
its influence on the science or the profession. The American lawyer,
considering the compass of his varied duties, and the probable call
which will be made on him especially to enter the halls of legislation,
must be a Jurist. From the ranks of the Bar, more frequently than from
any other profession, are men called to fill the highest public stations
in the service of the country, at home and abroad. The American lawyer
must thus extend his researches into all parts of the science, which has
for its object human government and law: he must study it in its grand
outlines as well as in the filling up of details. He is as frequently
called upon to inquire what the law ought to be as what it is. While a
broad and marked line separates, and always ought to separate the
departments of Legislation and Jurisprudence, it is a benefit to both
that the same class of men should be engaged in both. Practice will thus
be liberalized by theory, and theory restrained and corrected by
practice. The mere abstractionist or _doctrinaire_ would aim at the
formation of a code of great simplicity: the practitioner sees in it the
parent of uncertainty and injustice. Legal propositions cannot be framed
with the certainty of mathematical theories. The most carefully studied
language still leaves room for interpretation and construction. Time
itself, which works such mighty changes in all things, produces a state
of circumstances not in the mind of the lawgiver. The existing system,
it may be, is an unwieldy, inconvenient structure, heavy and grotesque
from the mixed character of its architecture outwardly, inwardly its
space too much occupied and its inmates embarrassed by passages and
circuities. The abstractionist would at once demolish it, and replace it
by a light, commodious and airy dwelling, more symmetrical and chaste in
its appearance, better fitted for the comfort and usefulness of its
inhabitants. The practitioner, who has become familiar with it, who
observes and admires that silent legislation of the people, which shows
itself not on the pages of the statute book, and receives its
recognition in courts of justice only after it has ceased to need even
that to give it form and vitality, and who understands, therefore, how,
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