An Essay on Professional Ethics: Second EditionSharswood, George
Philosophy
An Essay on Professional Ethics: Second Edition
Sharswood, George
Legal ethics -- United States
[29] Art. Edward Tilghman, in the Encyclopaedia Americana, vol. xiv; The
Leaders of the Old Bar of Philadelphia, 50. Let me recommend to the
attention of the student a curious and interesting work, entitled "An
introduction to the science of the law, showing the advantages of a
legal education, grounded on the learning of Lord Coke's Commentaries,
upon Littleton's Tenures, &c., by Frederick Ritso, Esq." There are few
works of celebrity, in regard to which such opposite opinions have been
maintained as the Commentaries of Sir William Blackstone. While some
have expressed the most enthusiastic admiration, there have been others,
like Mr. Austin, Professor of General Jurisprudence, in the University
of London (Outlines of Lectures, 63), who have dealt in language of
unsparing condemnation and contempt. Mr. Ritso thinks that "the error
was in adopting them as an institute for the instruction and education
of professional students, which was evidently no part of Blackstone's
plan, nor within the scope of his engagement." In this point of view, he
objects, that "he represents everything rather for effect, than with a
view to demonstrate. Like the gnomon upon the sun-dial, he takes no
account of any hours, but the serene:
Et quae,
Desperat tractata nitescere posse, relinquit.
In a professional point of view, this solicitude rather to captivate the
imagination of the student, than to exercise and discipline the
understanding, is equally unprofitable and inconvenient. It puts him off
with ornamental illustration, instead of solid argument, and leads to a
sort of half information, which is often much worse than no information
at all upon the subject." There is some force in these remarks; yet, too
many great lawyers have begun their studies with Blackstone, to leave
any doubt that it is a proper first book. It paves the way for more
repulsive, though more recondite and valuable works. I very much fear,
indeed, that a disposition has existed of late years to repudiate Coke
upon Littleton entirely. Chancellor Kent has shown his leaning in that
direction (Comm. vol. i, 506, 512). I subscribe fully, however, to Mr.
Butler's opinion: "He is the best lawyer, and will succeed best in his
profession, who best understands Coke upon Littleton." It ought not,
perhaps, to be placed in the hands of the student until he has made some
progress in his reading of other works: but sooner or later, he should
aim to master it. Lord Coke was, himself, deeply imbued with the love of
his profession, and he is able to transfuse his own spirit into his
readers. His method may be objectionable in some respects; but I cannot
help thinking that the life of his work is gone when it is hacked to
pieces, and then attempted to be fitted together again upon another
man's skeleton. I have ventured to add in the Appendix (No. II), a
sketch of such a course of reading, of not very extensive compass, as
Public-domain text, read in full here on John Shaqi.
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