Commentaries on the Laws of England, Book the FirstBlackstone, William, Sir
History
Commentaries on the Laws of England, Book the First
Blackstone, William, Sir
Law -- England; Law -- England -- History
[Footnote l: Sir Henry Spelman, in the preface to his glossary, gives
us a very lively picture of his own distress upon this occasion.
"_Emisit me mater Londinum, juris nostri capessendi gratia; cujus cum
vestibulum salutassem, reperissemque linguam peregrinam, dialectum
barbaram, methodum inconcinnam, molem non ingentem solum sed perpetuis
humeris sustinendam, excidit mihi (fateor) animus, &c._"]
THE evident want of some assistance in the rudiments of legal
knowlege, has given birth to a practice, which, if ever it had grown
to be general, must have proved of extremely pernicious consequence:
I mean the custom, by some so very warmly recommended, to drop all
liberal education, as of no use to lawyers; and to place them, in it's
stead, as [Transcriber's Note: at] the desk of some skilful attorney;
in order to initiate them early in all the depths of practice, and
render them more dextrous in the mechanical part of business. A few
instances of particular persons, (men of excellent learning, and
unblemished integrity) who, in spight of this method of education,
have shone in the foremost ranks of the bar, have afforded some kind
of sanction to this illiberal path to the profession, and biassed many
parents, of shortsighted judgment, in it's favour: not considering,
that there are some geniuses, formed to overcome all disadvantages,
and that from such particular instances no general rules can be
formed; nor observing, that those very persons have frequently
recommended by the most forcible of all examples, the disposal of
their own offspring, a very different foundation of legal studies, a
regular academical education. Perhaps too, in return, I could now
direct their eyes to our principal seats of justice, and suggest a few
hints, in favour of university learning[m]:--but in these all who hear
me, I know, have already prevented me.
[Footnote m: The four highest offices in the law were at that time
filled by gentlemen, two of whom had been fellows of All Souls
college; another, student of Christ-Church; and the fourth a fellow of
Trinity college, Cambridge.]
MAKING therefore due allowance for one or two shining exceptions,
experience may teach us to foretell that a lawyer thus educated to the
bar, in subservience to attorneys and solicitors[n], will find he has
begun at the wrong end. If practice be the whole he is taught,
practice must also be the whole he will ever know: if he be
uninstructed in the elements and first principles upon which the rule
of practice is founded, the least variation from established
precedents will totally distract and bewilder him: _ita lex scripta
est_[o] is the utmost his knowlege will arrive at; he must never
aspire to form, and seldom expect to comprehend, any arguments drawn
_a priori_, from the spirit of the laws and the natural foundations of
justice.
[Footnote n: See Kennet's life of Somner. p. 67.]
[Footnote o: _Ff._ 40. 9. 12.]
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.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account