An Essay on Professional Ethics: Second EditionSharswood, George
Philosophy
An Essay on Professional Ethics: Second Edition
Sharswood, George
Legal ethics -- United States
Sir Henry Finch's Law, or Nomotechnia, as he entitled it, may be taken
up in this connection. It is said that until the publication of
Blackstone's Commentaries, it was regarded as the best elementary book
to be placed in the hands of law students; and we have the authority of
Sir William Blackstone for saying that his method was greatly superior
to that in all the treatises that were then extant: Blackstone's
Analysis, Preface, 6. "His text," says Chancellor Kent, "was weighty,
concise, and nervous, and his illustrations apposite, clear, and
authentic;" though he adds, "But the abolition of the feudal tenures and
the disuse of real actions, have rendered half of his work obsolete," 1
Comm. 509; an objection, in the view we take of legal education, which
should rather recommend the work than otherwise.
At the same time with Finch take Doctor and Student by St. Germain--a
little book which is replete with sound law, and has always been cited
with approbation as an authority.
The Prefaces to the several volumes of Lord Coke's Reports may be read
now with great advantage. They contain much interesting information, and
strongly impregnated as they are with Lord Coke's abundant learning and
love of the law as a science and profession, they form an admirable
introduction to The First Institute, or Lord Coke's Commentary upon
Littleton's Tenures. It would be advisable, I think, to read first in
order the sections of Littleton's Tenures, the original treatise upon
which The Institute was a commentary. After that, no time or pains
should be spared to master completely The First Institute. If the course
now prescribed has been followed, the student will not require to be
reminded, that even those parts, which seem to relate to obsolete heads
of the law, ought to be read and understood. "There is not," says Mr.
Butler, "in the whole of this golden book, a single line which the
student will not in his professional career, find on more than one
occasion eminently useful." There may be some extravagance in this
assertion; but we may nevertheless agree with Mr. Ritso that "there is
no knowledge of this kind, which may not, sooner or later, be in fresh
demand; there is no length of time or change of circumstances, that can
entirely defeat its operation or destroy its intrinsic authority. Like
the old specie withdrawn from circulation upon the introduction of a
new coinage, it has always its inherent value; the ore is still sterling
and may be moulded into modern currency." The opinions of American
lawyers confirm this conclusion. It is well known that C. J. Parsons was
distinguished for his familiarity with the pages of The Institute. It
was Mr. Pinkney's favorite law book; and "his arguments at the Bar,"
says his biographer, Mr. Wheaton, "abounded with perpetual recurrences
to the principles and analysis drawn from this rich mine of common law
learning." Mr. Hoffman, in his Course of Legal Study, has also borne his
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account