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An Introduction to the Science of the Law


An Introduction to the Science of the Law

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    Available in PDF Format | An Introduction to the Science of the Law.pdf | Unknown
    Frederick Ritso
Excerpt from book: Commentaries as the most advisable method of educating and forming men to be lawyers. They are not the supervenient inaccuracies which are to be remarked in them, that I principally object to, but their total misapplication in opposition to what the learned commentator himself designed, to a purpose to vdiich they are in every point of view wholly inadequate. In proceeding to show that this opinion -has not been unwarrantably concluded, I shall also expose, as far as Iain able, the truly absurd system (by which it has usually "been accompanied) of copy- precedents in an office:—a drudgery at which common sense revolts, and which is equally unscientific and unlaw- yer-like. But I shall beg leave to preface the observations I may have to offer upon this part of my subject by a few introductory remarks upon the nature of the reasoning theory, or common sense of the law: for if it were not from some strange misunderstanding in this particular, there would not, I apprehend, be the occasion which there now is, to say any thing in its vindication. That the means of acquiring may be fairly estimated, let us first understand each other with respect to the quality of the thing to be acquired. In the first place, then, it is to be premised, that the ground-work of our whole system of civil or municipal jurisprudence, is that which we usually call, in one word, " the common law," and which implies both the written statutes of the realm, and the unwritten received customs and usages together, the lex scripta et non scripta : fabric: but has he placed it upon a wider and deeper basis? Has he extended its dimensions ? Has he obviated the inherent inconvenience of a circumscribed aud defective accommodation ? and it is, therefore, indifferently called "common law," or "common right," bei...  
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  • PDF | 164 pages
  • Frederick Ritso
  • General Books LLC
  • Unknown
  • 8
  • Other
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