An Essay on Professional Ethics: Second EditionSharswood, George
Philosophy
An Essay on Professional Ethics: Second Edition
Sharswood, George
Legal ethics -- United States
I think that at this period, as a necessary introduction to the
succeeding studies, some works on Equity Jurisprudence should be taken
in hand; as the Treatise on Equity of which Henry Ballow is the reputed
author. It is the text of Fonblanque's Equity. It had better be read by
itself. Disquisitional notes of great length only confuse and confound
the student; and Mr. Marvin has well said that Fonblanque's Equity
"finally expired under the weight of its own notes." To this add
Jeremy's Treatise on Equity, and Story's Commentaries on Equity
Jurisprudence. The student may then read with advantage, Powell on
Mortgages, with Coventry's Notes. It is to be lamented that Mr.
Coventry did not prepare an original work, instead of overwhelming the
text of Powell with his learned and valuable labors. Chancellor Kent has
remarked, that between the English and American editors it is "somewhat
difficult for the reader to know, without considerable difficulty, upon
what ground he stands." Like the treatise on Equity, it has been nearly
choked to death in the embraces of its annotators. Bacon's Reading upon
the Statute of Uses, is a very profound treatise on that subject, though
evidently left by its great author in an unfinished state. Sanders on
Uses and Trusts, is a very comprehensive and learned work, and the
subject, which may be styled the Metaphysics of the Law, requires close
attention. Hill on Trustees, is a practical treatise, which may here be
read with advantage, as also Lewis on Perpetuities. Sugden on Powers,
has been said to be second to no elementary law book. It is a masterly
elucidation of the subtle doctrines of the law on the subject of Powers,
and is held in the highest estimation. It will perhaps be better
appreciated and understood, if with it, or after it, is taken up
Chance's Treatise on Powers,--a work more diffuse than Mr. Sugden's, and
which examines, controverts, and discusses at large many of his
positions. Sugden on Vendors and Purchasers may then follow.
The titles on Leases and Terms for Years, and Rent, in Bacon's
Abridgment, should be studied. These were the works of Chief Baron
Gilbert. After this, Woodfall on Landlord and Tenant.
Roscoe's Treatise on the Law of Actions relating to Real Property, may
be read as a convenient introduction to Cruise on Fines and Recoveries,
and Pigott on Common Recoveries.
To these, in conclusion of this, by far the most important and
fundamental branch of legal studies, may be added, Powell's Essay on the
Learning of Devises, and Jarman on Wills.
Public-domain text, read in full here on John Shaqi.
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