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Excerpt from Introduction to American Law But I have entitled this book, an Introduction to American Law, and I may be called upon to vindicate the propriety of this title. I confess then, that in some minor respects, it may not be equally adapted to all parts of the Union; but my excuse is, that without being ten times as large as it is, 'it could not have been made so. If I had possessed the knowledge, I could not, within any reasonable compass, have referred to the local law of twenty-six different states; and yet local references were occasionally necessary, in order to exhibit an entire system. I was compelled, therefore, in such cases, to make choice of some particular state; and I naturally selected that state in which the lectures were read. But these local references, in an out line so general as this, are not so frequent as to detract materially from the general adaptation of the book, to students in other states; and in case of diversity, the necessary corrections can be easily made. At all events, the diversity is less between the different states, than between any one state and England; and therefore something is cer tainly gained even on the score of general adaptation. And here let me anticipate an objection of another sort. It may be said, that in attempting to teach what the law is, I have dwelt too much upon what I think it should be; or, in other words, that in a work professedly didactic, I have speculated too much upon projects of reform. To this objection I have two answers. In the first place, I have never undertaken to show what the law ought to be, without first stating what it is. While therefore the primary end of instruo tion is obtained, the mind of the student is at the same time excited to compare, examine and discuss the principles in question; and thus impress them the more deeply upon his memory. And in the second place, if the suggestions I have ventured to make be sound, they can not be made too early, because bad laws are the very worst of bad things; and if these suggestions be not sound, they can do no harm, because the antidote accompanies the bane; nay the provision com plained of will inspire increased confidence in the mind of the student from having been unsuccessfully assailed. But I cannot help believing that many of the proposed alterations would be decided improvements. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Excerpt from Introduction to American Law According to the custom of the times, a preface usually takes the form of an apology for adding to the multitude of books; and I shall so far comply with this custom, as to explain my reasons for making this publication. While pursuing my legal studies, I found myself much in the condition of a mariner without chart or compass. I experienced at every step the want of a first-book upon the law of this country. I felt that much time would have been saved, if I could have commenced my course with a systematic outline of American, instead of English law; for as the two systems differ in nearly as many points as they correspond, and as I had no means of distinguishing between the applicable and the inapplicable, I necessarily acquired many false impressions, the more difficult to be subsequently corrected, because they were first impressions. In a word, I came to the conclusion that fewer facilities have been provided for studying the elementary principles of American jurisprudence, than for perhaps any other branch of useful knowledge. And these results of my experience as a student, have acquired additional confirmation from my experience as a teacher. In the year 1833, I became connected with the Cincinnati Law School, at first a private institution, but afterwards a department of the Cincinnati College; and here I was hourly called upon to remove the doubts and difficulties, which I had myself encountered. In order to do this in the most convenient and effectual manner, and without a thought of publication, I commenced the preparation of the following lectures, which I read to the students, as an introduction or accompaniment to the usual course of legal study. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Excerpt from An Introduction to American Law: An Outline of a Course Delivered at the Trade Union College Under the Auspices of the Boston Central Labor Union Spring Term, 1919 The Legal Order is an adjustment of human actions and rela tions in order to conserve the goods of existence, prevent friction in human use and enjoyment of these goods and eliminate waste of them. It seeks to do this by securing as many interests as it may with the least sacrifice of other interests. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Excerpt from Modern American Law: A Systematic and Comprehensive Commentary on the Fundamental Principles of American Law Section part II - page 8. Judicial precedent - The following of precedent 12 9. The disregarding of precedents 14. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Excerpt from Modern American Law, Vol. 1 of 15: General Introduction; The Modern Democracy, the Citizen and the Law; Legal Ethics; Law, Its Origin, Nature and Development; Courts, Federal and State; Laws of Contracts Judge Orrin N. Carter, of the Supreme Court of Illinois, then presents in his exposition of Legal Ethics a dignified but practical course of conduct for such social service, eminently suitable for all. Imbued with the spirit of these articles, follows a highly interesting account of Law - Its Nature, Origin, and Development, by Professor Charles A. Huston, of Leland Stanford Junior University. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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Excerpt from Institutes of American Law, Vol. 1 of 2 Most lawyers have felt the want of a preliminary work to serve the young American student as a guide in the labyrinth of jurisprudence; as an instructor to give him a general view of the several parts of this judicial science; to mark the objects of each, and to point out the natural dependence which unites them; a work tending to establish a method which should be adopted in the study of the law; to point out the numerous links of the chain which unites the ancient with the modern law, which binds the past with the present, and which by its nature must for ever remain indestructible. A work which would thus elevate the science of the law in the sight of youth, and impress a character of unity upon it, would exercise a happy influence on the minds of the students, develop their moral and intellectual faculties, and be a blessing to them. But it is far less difficult to describe what the legal edifice should be, and to state what is required for its construction, than to select the materials of which it should be composed, and to make such a disposition of them in the building as would render the structure at once solid, elegant, and every way fitted for the purpose for which it is intended. On entering on his profession, the American student is discouraged by being obliged to study laws which are not his own, and which do not belong to the present age, except as matter of history. It requires an effort to read even the elegant Blackstone, and, when studied, it must be forgotten, because the laws on which that author has so beautifully commented are not the laws which the young aspirant seeks to know - they are not those of his country. It is true, noble efforts have been made by American writers to explain our laws, and to them the profession must be greatly indebted; but the commentaries which have been so liberally bestowed are better adapted to the use of those who are already good lawyers, than to teach one who has every thing to learn. The author cannot hope to have made a perfect work, and supplied, in this respect, all the deficiencies and the wants of the profession; his aim has been an approximation to what a work should be which might, in some degree, deserve the title of Institutes of American Law. He has endeavored to reduce the whole to a strict method, and, by a correct classification, to impress upon the mind of the student the objects of his inquiry; for, what is well classified is half known. It seemed to him that jurisprudence, as much as any other science, required this method; and while all kinds of human knowledge are now taught in this manner the law should not be an exception. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.