tailieunhanh - Gale Encyclopedia Of American Law 3Rd Edition Volume 13 P57

Gale Encyclopedia of American Law Volume 13 P57 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 546 REFLECTIONS ON LAW AND SOCIETY PRIMARY DOCUMENTS LEGAL SCHOLARSHIP THE PATH OF THE LAW name. I mean the study of what is called jurisprudence. Jurisprudence as I look at it is simply law in its most generalized part. Every effort to reduce a case to a rule is an effort of jurisprudence although the name as used in English is confined to the broadest rules and most fundamental conceptions. One mark of a great lawyer is that he sees the application of the broadest rules. There is a story of a Vermont justice of the peace before whom a suit was brought by one farmer against another for breaking a churn. The justice took time to consider and then said that he had looked through the statutes and could find nothing about churns and gave judgment for the defendant. The same state of mind is shown in all our common digests and text-books. Applications of rudimentary rules of contract or tort are tucked away under the head of Railroads or Telegraphs or go to swell treatises on historical subdivisions such as Shipping or Equity or are gathered under an arbitrary title which is thought likely to appeal to the practical mind such as Mercantile Law. If a man goes into law it pays to be a master of it and to be a master of it means to look straight through all the dramatic incidents and to discern the true basis for prophecy. Therefore it is well to have an accurate notion of what you mean by law by a right by a duty by malice intent and negligence by ownership by possession and so forth. I have in my mind cases in which the highest courts seem to me to have floundered because they had no clear ideas on some of these themes. I have illustrated their importance already. If a further illustration is wished it may be found by reading the Appendix to Sir James Stephen s Criminal Law on the subject of possession and then turning to Pollock and Wright s enlightened Sir James Stephen is not the only writer whose attempts to analyze legal ideas have been confused by striving