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enter the higher administrative and finance service. At the expiration of three years' practical preparation a second examination in law is to be passed (neither after nor before the expiration of that time) by all who wish to enter the public service. This second examination, which is entirely in writing, embraces common civil law, commercial law, exchange, bankruptcy law, civil procedure, criminal law and procedure, state and administrative law, ecclesiastical law, police law, political economy, and science of finance. This examination is a req. uisite for the appointment as judge, notary, clerk of court, practice of attorney in liigher courts, or the appointment to higher administrative oflice. Applicants for a position as notary must spend two years in practical work in a notary's ofiice. Attorneys when having passed the second examination are eligible for judgeships.

The entire institution of legal studies and professional preparation is regulated by the governments of the various states which constitute the Empire. One distinction is to be made, however. The second examination referred to, which opens the way to remunerative service, is not dependent upon any academic degree acquired. The degree of 56 doctor juris” is conferred in the university by the faculty alone; private institutions for legal studies non est. Compare subsequent statements concerning Austria and Norway; also preceding statement concerning France.

The foregoing statements have reference to the conditions existing in all the German states. In Prussia the law students who have passed their first examination and spent three years in practical preparation are called "Referendars.” After they have passed their second exam. ination and entered the state service they are called " Assessors,” but act without pay as clerks of court, assistant prosecutors, and assistant judges. It may be six, eight, or ten years before they receive a definite appointment. Not until that is made can the young lawyer expect any remuneration.

A distinction between attorneys and barristers is not made in Ger. many. The functions of lawyers are essentially the same as in America.

In Austria: Admission to the practice of law, provided it is in relation to the public service, is dependent upon a certain number of years of study in a university law faculty or in a faculty of science and organization of government. The close of this period is marked by passing three theoretical state examinations, to wit: In history of law, jurisprudence, and science of government.

Students who do not intend to enter the public service, nor aspire for a degree, are still subject to the rules of study, according to which no lawyer is admitted to practice unless he can prove to have attended the law faculty for four years and has a diploma of graduation. The above-mentioned examination in history of law takes place at the close of the second year of study, and all law students, whether preparing for the public service or not, are subject to it.

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The subjects embraced by the examination in history of law are (1) Roman law; (2) ecclesiastical law; (3) German law; (4) history of Austria (of the formation of the Empire and the development of public law).

The subjects embraced by the examination in jurisprudence and science of government are (1) Austrian private law; (2) Austrian commercial law and law of exchange; (3) Austrian civil procedure; (+) Austrian civil law and procedure; (5) Austrian constitutional law; (6) Austrian administrative law; (7) political economy and industrial policy; (8) science of finance, with special regard to Austrian finance legislation.

An application to this second examination is not permissible unless the student has successfully passed the first examination.

All students of law are obliged to attend one lecture course in mental philosophy previous to the first examination, and a course of lectures on philosophy of law and comparative statistics after having passed the first examination.

Formerly the degree of doctor juris made the bearer eligible to positions in the public service, but the law of 1891 relegates the degree to a mere academic honor and prescribes the aforementioned examination for doctors juris also.

Distinctions in regard to grades of lawyers, such as solicitor and attorney, or avoué and avocat, are not made in Austria.

In Italy: The state exercises supervision over the professional preparation of lawyers through the university, rertors and professors as the state's representatives with regard to the quantity of matter to be learned (see course of study), just as it does with reference to the medical students. The university authorities, in their capacity of servants of the state, control the conferring of academic degrees which are essential for the purpose of entering the profession. The official returns say but little on the subject of examinations outside of examinations for degrees, but we gather enough from them to state that the graduates of the law faculties must submit to a state examination in order to be able to enter the public service. This service may be in the executive or judicial branches of the Government. This provision is set aside only where particular technical knowledge or rare skill in some specialty is required. Women are admitted to the study of law and to the degrees, but are prohibited from the practice of law.

A distinction in the grades of lawyers is made between “attorneys," " procurators," and "notaries.” Attorneys or "avocati” must pass an examination to be admitted to higher courts; procurators do not plead in higher courts.

In Belgium: The official returns state that it is necessary for the student, for the purpose of entering the profession as attorney, to have passed through the university and have acquired the degree of doctor of law. Moreover, his name must be inscribed on the official list of attorneys in a court of justice, which can not be done without evidence of attendance at the university, such as is prescribed, certified to by the faculty. Hence the graduate's admission to the bar is solely dependent upon his professional preparation in the university. Women are not prohibited from acquiring the academic degree; but that degree does not admit them to the practice of law.

To become a justice of peace it is not necessary to have the degree of doctor of law. This degree is, however, requisite for positions of judges of courts “ of the first instance” and higher courts and other • offices in the judiciary branch of the government.

In the Netherlands: The same conditions prevail which are found in Belgium, except that a special state examination must be passed * after two years' practical work subsequent to graduation from the university.

In Norway: When a law student has completed his studies in the university he presents himself at one of the law examinations held by the faculty. These examinations take place twice a year, and at each eleven subjects (ten theoretical and one practical) are sub

) mitted to be worked out in writing within three, five, or ten hours, according to the nature of the subject (the whole under surveillance). This is followed by a severe oral examination. If the examination is passed the degree candidatus juris" is conferred upon him. A subsequent examination is required for the degree of "doctor juris." Passing these examinations gives access to the most important offices in the legal profession, particulary the judgeships, which are always filled by appointment, never by popular election. Attorneys and barristers are also appointed in the supreme cour. The state recognizes no lawyer who has not acquired his professional education in the universities, but most young lawyers serve as assistants in a lawyer's office for the purpose of gaining practical experience. This apprenticeship is passed partly during the four years of university study or after having acquired a degree.

In Denmark: Essentially the same conditions are found that prevail in Norway. According to a regulation of September 26, 1890, the requirements of the state exiuination for the grade of advocate (or lawyer) are less stringent than formerly; but they still prescribe a full course of law studies in the university. Judges of higher courts must be doctors of law.

In Suelen : The distinction between attorneys and barristers (“advocate” and “avoué?) does not exist. For the purpose of pleading in court it is necessary to have attended a university, but not to have obtained a degree as in Norway, or a "certificate" as in France, but the state guards its offices, both in the administrative and judiciary branches, by requiring the candidates to pass state examinations, particulars of which are not at hand.

In Portugal: The degree of bachelor of law obtained in the Uni.

versity Coimbra (the only university in Portugal) admits to the practice of law. No distinctions are made in the grades of lawyers. In the competition for higher positions in the royal public service the holders of the degree have the preference.

In Hungary: The candidate of law must give proof of having attended the law course in one of the three universities, or in any of the law academies of Hungary (or Austria), and have passed (a) the graduation examination, (b) the state examination, from which he is excused in case he has acquired the degree of doctor of law. This degree admits to the profession, hence the degree is not a mere academic honor. Only those who enter the public service are subjected to a state examination. The graduation examination, which entitles to a certificate of capacity, must be passed before the candidate is admitted to the degree examination. After having gone through the theoretical work of the university the candidate is called “aspirant advocat” and must pass three years in a lower court and in the office of a lawyer of good standing before he is recognized by the authorities as a lawyer. During this time his name is recorded on the roll of lawyers in the “chamber of lawyers,” and le performs minor duties which initiate bim into the routine of legal work There is only one grade of lawyers in Hungary. Notaries must have spent their three years' practical work in a notary's office. Women may study law in the universities, but they are debarred from the legal profession.

From Russia no information concerning the requirements for admission to the profession (other than is found in the syllabus on pn. 118-125) is available.


The remarks under this head are inserted as an introduction to the courses of study in law for the purpose of enabling the reader to sea why certain subjects are treated more fully in Europe than would seem justified in this country; and, again, why others are treated lightly upon which our law schools bestow much attention and great care.

Roman law is the most prolific source of jurisprudence in Europe. It saturates both the science of law and the everyday practice of the common people. In all the many countries that were once subject to Roman rule, Roman customs and laws remained, to a certain limited extent, the basis of legal practice long after the fall of the Western Empire. But in Germanic countries

many, England, and the three northern countries) Germanic cu and tribal laws predomi. nated until, in the twelfth century, t the efforts of the Uni. versi Bologna, then a famous laws d still one of the foremo

mning of Italy, Roman la troduced as a science in

After the revival s, and subsequently nteenth, and ei

centuries, the sci. ence of Roman law was superinduced, as it were, into the modern science of law. The discovery of Gaius's ('ommentaries (in 1816) has had no small share in the esteem in which Roman law is held at present in Europe.


England occupies an exceptional position in regard to law. The oldest law there is based upon Anglo-Saxon laws (sixth to eleventh centuries). Later, Norman rule brought Norman customs and laws, slightly tainted with Roman law, through French channels. In its further development law in Great Britain remained custom law (common law), the law consisting of judges' decisions or precedents. Roman law also found an introduction into England especially through Vacarius, who had studied in Bologna, but it never attained the importance it found in countries of the former Roman Empire.

All the continental countries had been more or less subjected to the sway of the Roman Empire for centuries, while in England the Romans did not leave a deep impress upon laws and customs of the people. When in continental Europe, after a period of great unrest and chaos (during the great migration that lasted nearly 200 years), the former Roman “municipia" or cities formed the nuclei of law and order, it was but natural that the basis of their newly constructed jurisprudence should be the well-known Roman law, especially since it had been codified more systematically than any other law.

The Teutonie or Germanic tribes (the Franks in France, the Longobards or Lombards, Vandals, and Goths in Italy and Spain, the Saxons in England, and a host of others in Germany and the northern peninsulas) had their ancient tribal customs which gradually developed, during succeeding centuries, into native custom law, of which the feudal lawl was the most important. It was often difficult to harmonize fendal law that reigned supreme in the castles and possessions of chiefs, lords, and petty princes, with Roman law, modified and adapted to existing circumstances in the cities (the so-called free cities), hence the frequent contests between princes and cities.

When the Church of Rome came to be recognized as the successor of Imperial Rome, its law, that is, the canonical or ecclesiastical law assumed importance over all of Europe, escept in Russia, which, during the middle ages, was not cousidered part of Europe. This law referred chiefly to marriage and parental relations, church property, etc. In Russia the canonical law of the Greek Church was adopted later.

Side by side with the ancient custom law, feudal law, Roman law, and canonical law, another source of jurisprudence became prominent as monarchism developed strength, i.e., the laws of princes. In France, for instance, the ordinances of the Merovingians, Carolingians, Capets, Valois, and Bourbons became national laws when all the provincial

1 Law of knight-service. The “nervus rerum,” money or its eqnivalent, has al. ways been the most prolific sonree of litigation, lience the feudal law relating to possessions in land and servitudo formed the greater part of the law practico.

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