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parliaments adopted them. In Germany some tribal laws had been codified soon after the great migration (500-600 A. D.). They referred to certain important points of law, for instance, the Salian law (regutlating the succession of princes).

Hence we see several sources of jurisprudence in continental Europe: Custom law, Roman law, feudal law, canonical law, and law of princes. From all of these arose (when the nations began to centralize) in each country a national law, peculiar to itself, i. e., a French, a German, an Italian, a Spanish, etc., law. These laws were in a few instances codified (as for instance in 1328 and 1375 the "Saxon and Suabian Mirrors" in Germany, in 1550 the “ Carolina” or criminal code of Charles V), but in most cases they remained uncollected' until the eighteenth and nineteenth centuries. France, after the year 1789, began the codification (Napoleon's Five Codes of "Droit Français"). During the middle ages southern or Roman France followed Roman law (the written law) while northern or Frankish France followed custom law. But Roman law became predominant during the sixteenth century, and France was temporarily the acknowledged center for the study of Roman law, especially the university of Montpellier.

The early centralization of France made a unification of legal customs possible, while in disjointed Germany such an effort has not succeeded to the present day. Germany at present enjoys uniform codes of commercial and criminal law, but has no uniform code of civil law as yet. Each petty state has its own code of civil law. The same holds good for Italy where a uniform criminal code was not adopted until 1890. In Spain and Italy canonical law assumed more importance than in France, Germany, and England. In the northern countries the national custom laws are more distinct than on the continent, and show greater deviation from the Roman law, while ecclesiastical law has lost its significance since the time of the chureh reformation (1525). Scandinavian laws were codified very early, during the twelfth and thirteenth centuries.

In England the established church elaimed and still claimis attention of the legal profession through its legal and political prerogatives, hence canonical law is still a subject of study in England, while in America it never had any significance. The common law, this peculiar English growth (custom law), has its strongest roots in the struggle and fusion of the various nationalities that make up the present population, the Celts, Anglo-Saxons, Danes, and Normans. One wave of conquerors after another pressed upon those in possession of the land and in the struggle resulting therefrom a limit was found beyond whic the conquerors could not proceed without injury to themselves. The limit was not always uniform owing to the different amount of opposition the aggressors found, and

codes the deci. sions of courts of varior

applied in analogous cas Hen



the study of law concerns itself chiefly with what has been and what is law, while on the continent of Europe they study what law ought to be.”—David Dudley Field. When Roman law became more and more the recognized standard in continental Europe, English lawyers directed their attention to it also, and at present it is studied carefully in English law schools. (See Appendix I.)

The fendal law, the law of knight-service (Lehusrecht), has disappeared in Europe. A few legal customs (law of succession in England), some technical terms in modern codes (right of fief, etc.), and rare allusions to conditions during the middle ages remind us of its former existence, but it has lost ail influence upon the formation of national laws.

We group in tabulated form the sources of jurisprudence according to their respective importance as follows:

England.-(1) English common law; (2) Roman law; (3) ecclesiasti. cal law.

France.—(1) Roman law; (2) provincial and national laws, resulting in code Napoleon and present national codes; (3) ecclesiastical law.

Germany.—(1) Roman law; (2) Ecclesiastical law; (3) Provincial and national law.

Austria.-(1) Roman law; (2) Ecclesiastical law; (3) Provincial and national law.

Spain.-(1) Ecclesiastical law; (2) Roman law; (3) National law.

Italy.—(1) Roman law; (2) Ecclesiastical law; (3) Provincial and national law.

Switzerland.—(1) Roman law; (2) Provincial and cantonal law; (3) Federal law.

Belgium.-Follows the example of France.
Hollan'l.-Follows to a great extent the example of Germany.
Denmark, Norway, Suceden.-(1) National law; (2) Roman law.

, 2 Russia.-(1) Imperial law; (2) Ecclesiastical law (Greek Church); (3) Roman law.

The foregoing may explain to some extent the courses of study offered in subsequent pages, though the exposé makes no claims to any. thing like an authoritative statement.

We summarize the exposition of the Reception of Roman Law in Germany from Deruburg's "Pandektenrecht:”—The reception of Roman Law in Germany as authoritative occurred in a comprehensive way after the middle of the fifteenth and in the beginning of the sixteenth centuries. It was then completed with an almost elemental power, although there was not lacking a decided opposition to it. The entire secret of this movement cannot be fully known, but certain important causes are indisputable.

(1) One was a uatural desire for legal uniformity, which had become necessary for commercial intercourse. The local German laws were too numerous and too divergent. (2) It was an old tradition that the

corpus juris civilis was the imperial law of Germany, the German emperors being regarded as the successors of the Cæsars. (3) The various influences of Renaissance were forever making for the same end. Hence the jurists, and all those in authority worked together to effect the acceptance of Roman law. (f) The wiversities taught only Roman and Canonical law. (5) The unlearned village justices who had ex: pounded the ohil traditional and customary law were not equal to the changed conditions. (6) The imperial authorities gave legal recognition to Roman law and encouraged its application.

So far as the degree or measure of the reception is concerned it may be said, that only that part of Roman law was accepted which did not contradict established German customs, and only what was found to be applicable to German conditions. In a narrower sense this embraced only those principles of the corpus juris which the glossarists, i. e. the Bologna School, had supplied with commentaries. The maxim was: Quidquid non agnoscit glossa, nec agnoscit forum.


It is difficult to give equivalents in English for many of the terms used in the following pages, because in foreign countries that have different systems of law a different terminology is used in connection with legal education. This makes it impossible to give accurate equivalents, though the terms may convey to lawyers a meaning that would not be grasped by the general reader.



1.- liencral regulations.

1. The examination in the school of jurisprudenco includes: (1) General jurisprudence; (2) The history of English law; (3) Such departments of Roman law, and (if the board of studies shall think fit) such departments of English law as may be specified from time to time by the board; (4) International law, or some department of it specified by the board of studies. This may bo omitted by candidates who do not aim at a place in the first or second class.

2. The board of studies may include in the examination, either as necessary or as optional, other subjects which they may deem suitable to be studied in connection with jurisprudence; and my, if they shall judge it advisable, require that candidates who have not been classed in any other school shall take in auditional books or subjects, or produce evidence of having been previously examined in such additional books or subjects. The board may prescribo books or portions of books in any language.

3. Subject to such regulations as the board may make from time to time seleco. portions of historical study, approved by the board of historical studies, may be substituted by candidates for portions of legal study, provided that no candidate shall be allowed to offer in the school of jurisprudence any select portion, whether of legal or bistorical study, which he has already offered in the school of modern history.

II.- Regulations of the board of studios. The following subjects of examination are specified by the board, but candidatu are informed that with the exception of the Institutes of Gaius and the Institutes of Justinian and the specified acts of Parliament, none of the matter of the examination is required to be studied textually. The other authorities mentioned in the notice are intended to detine, to some extent, the nature of the several topies of the examination, and to indicate the sources from which information upon each can be most conveniently obtaineil.

1. General jurisprudence. Candidates will be examined in the principles of jurisprudence, in the theory of legislation, and in the early history of legal institutions, with special reference to Austin's lectures, Bentham's principles of morals and legislation, and his theory of legislation, by Dumont, and the works of Sir Henry Maine.

They may also refer to Hobbes's Leviathan, Books and it, and to Savigny's. System des heutigen römischen Rechts," Vol. 1.

2. History of English law. (a) History of constitutional law.-Candidates will be expected to have mastered the learling principles of existing constitutional law, and in particular to a knowledge of the following topics: The legislative power of Parliament, the modes in which it is exercised, and its extent as to territory and persons; the prerogatives of the Crown, the privileges of the Houses of Parliament; the constitutional position of the privy council, the ministers of the Crown, the established church, the courts of law, and and the armed forces.

They must possess such an acquaintance with the history of the above as is necessiry to explain their present character and working. They are mended to refer to the constitutional portions of Blackstone's or Stephen's Commentaries, Dr. Stubb's Documents Illustrative of English History, and his Constitutional History (omitting those chapters which relate more especially to political history), Hallam's Constitutional History, Sir T. E. May's Constitutional History, and Bagehot’s English Constitution, and are required to read carefully the follor. ing statutes: Constitution of Clarencion, Magna Charta, Statute of Westminister, 11, 13 Ed.; 1, Stat. 1, c. 21; Petition of Right; Habeas Corpus, Act 31, Car. II, c. 2; Bill of Rights, 1 W. and M., Sess. 2, 2; Act of Settlement, 12 and 13, Will. II, c. 2.

(b) IIistory of the law of real property. This subject is to be studied in Blackstone's Commentaries, Book II, or Stephen’s Commentaries, Vol. 1, Book 11, Part 1, and Mr. Diyhy’s Introdnction to the History of the Law of Real Property. The principal statutes referred to in the latter book should be mastered, and reference may with allvantage be maile to Mr. Williams's Treatise on the Law of Real Property.


3. Romcon law,

The Institutes of Gaius.
The Institutes of the Emperor Justinian.

Candidates are expected to be acquainted with the history of Roman legislation and Romun judicial institutions.

4. English law.

The principles of the law of contracts.

5. International laro.

(a) The outlines of international law as a system,
(6) The history of the law relating to scas, ships, anı!

rivers in time

of peace.

Students are recommended to read Woolsey's Introduction and Hefîter's “Eu. ropäisches Völkerrecht" (in German or French), referring also to Wheaton's Ele. ments, or to the Law of Nations by Sir Travers 'Twiss. Upon subject (b) they may consult Ortolan, Diplomatie de la Mer, livre denxième. (See Students' Handbook to the l'niversity of Oxford.)

(The principal changes of the course since 1887 are the division of the examination into two parts, the more searching treatment of Roman and English law by an increased number and more definite assignment of papers, and the fuller recogui. tion of original thought and literary power, in the addition of a second essay paper besides that already devoted to essays and problems. Moreover, general jurisprudeuce as a whole, and English constitutional law and history as a whole, will henceforth be standing subjects for the students of every year; their previous treatment in variable portions not having been considered satisfactory.) (See E. C. Clark's Cambridge Legal Studies.)


Digest (Locati Conducti). History and general principles of Roman laws, principles of international law, history of English law, twelfth and thirteenth centuries, introduction and tenure, status and jurisdiction. Equity, more especially trusts. Criminal law (substantive), criminal procedure and evidence, jurisprudence, personal property. International law continued-contract, statute of frauds, institutes of Gaius and Justinian. History of Roman law continueil-real property, Roman law (test and revision). International law (introduction and peace, war and neutrality). Law of contract-advanced real property. Law of torts, sale of goods, law of real property. Ecclesiastical law, constitutional law, criminal law, medical jurisprudence for students of criminal law. (See Cambridge University Reporter, May, 1892.)


Jurisprudence.-Blackstone's Commentaries, Introduction, secs. 2, 3, and the general part in the first chapters of each book; Austin's Jurisprndence; Markby's Eleinents of Law; Clark's Practical Jurisprudence; Clark's Analysis of Criminal Liability; Holland's Jurisprudence; Maine's Ancient Law; Village Communities; Early History of Institutions, and Early Law and Custom; Savigny's System des heutigen römischen Rechts. See the French translation by Guénoux and the Eng. lish translations of vol. 1, 2, and 8, by Holloway, Rattigan, and Guthrie.

Roman law.–Parallel texts of Gaius and Justinian; Gneist's Institutionum et Regularum Juris Romani Syntagma; Gaius, edited by Abdy and Walker, Poste, or Muirlicad; Justinian's Institutes, edited by Abdy and Walker or Moyle. Muirhead's Historical Introduction to the Private Law of Rome--on Roman Law generally. Roby's Introduction to the Study of the Digest, Mackeldoy's Systema Juris Romani; Hunter's Roman Law, or Salkowski's Roman Private Law; Gibbons's Decline and Fall of the Roman Empire, chap. 44. As a lexicon, Dirksen's Manuale Juris Civilis.

International law.-Hall's International Law; Wheaton's Elements of International Law; Calvo's Le droit international théorique et pratique; Wheaton's History of International Law; Maine's Lectures on International Law; Pitt Cobbett's Leading Cases on International Law; von Holtzendorff's Handbuch des Völkerrechts.

English lau.Real property : Williams's Law of Real Property or Edward's Com. pendium of the Law of Property in Land; Digby's History of the Law of Real Property; Challis's Law of Real Property. Personal property: Williams's Law of Personal Property.

English law.-Contract: Anson’s Law of Contract or Pollock's Principles of Contract. Tort8. Pollock's Law of Torts; Bigelow's Elements of the Law of Torts.

English law'.-Criminal law : Stephen's Commentaries, book vi (vol. IV); Stephen's Digest of the Criminal law; Stephen's Digest of the Law of Evidenco; Stephen's


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