Графични страници
PDF файл
ePub

The studies for the entire course are: Iistory of Roman law, Maine's ancient law, Institutes of Justinian, Gains commentaries, criminal law, international law, law of real estate, commercial law, law of contracts, legal bibliography and history, civil procedure, notarial law, and civil law.

In order to enter the course an examination in the following studies is necessary: Latin, French, exercises in composition in English and French, mathematics, history, literature, rhetoric, and philosophy. The courses of lectures on commercial subjects are arranged so as to give young men engaged in banks and other business houses an opportunity of attending them. Written examinations are held at tho end of each term. In order to acquire the degree of B. C. L. (bachelor of civil law) the student is required to prepare a thesis, which must be approved.

(7) Dalhousie University, law department, Halifax, Nova Scotia, Richard Chapman Weldon, dean. Seveu instructors, 60 students. The course is three scholastic years of about 30 weeks each.

First year's course is : Real property, crimes, contracts, torts, constitutional history.

Second ycar: Constitutional law, equity, partnership, bill and notes, conflict of laws.

Third year: International law, equity, insurance, evidence, sales.

The lecture system is the principal method of instruction. The Larydell method is employed in the class in contracts. Candidates for entrance to the course must stand examination in Latin, Greek, mathematics, English, history and geography. Moot courts are held fortnightly, and are participated in by candidates for degrees. Also the students have a mock parliament for the discussion of legal and constitutional questions.

II.-AUSTRALIA.

(1) Unirersity of Adelaide, Adelaide, South Australia, Samuel James Way, chancellor, George Henry Farr, vice-chancellor. Seven instructors, 38 students. Four years constitute the course. Each year is divided into three terms extending from March to December

The studies are, first year: Roman law, two lectures of one hour each per week; Latin, three lectures of one hour each per week; constitutional law, one lecture of one hour per week; English language and literature, two lectures of one hour each per week.

Second year: Latin, three lectures of one hour each per week; law of property, two lectures of one hour each per week; logic, two lectures of one hour per week; elements of pure mathematics, three lectures of one hour each per week.

Third year: Jurisprudence, one lecture of one hour per week; principles of equity, one lecture of one hour per week; law of contracts, one lecture of one hour per week.

Fourth year: International law, one lecture of one hour per week; law of wrongs, one lecture of one hour per week; law of procedure, one lecture of one hour per week; mental and moral philosophy, two lectures of one hour each per week.

The candidate for admission must be 16 years of age and must have passed the senior public examintion of the university, which includes Latin. After graduation the student is re o study in the office of a practicing lawyer three years before he is admitted

Legal education in South Australia resent confined entirely to this (2) The Univer

Melbourne.-Law departmen lony Colling Toss, chancell

Ten, vice-chancellor. Five in 97 students. Tal clerkait

urse is, first year: British law of obliyear:

law, property law. Thi th, and fifth common and statute la ty, divorce,

ney and admiralty: law; practice of the supreme court; practice of the inferior courts; constitutional lair and history.

[graphic]

For bar students, first year: Jurisprudence (the philosophy of law); constitutional law; Roman law; property; obligations. Second year: International law (public and private); wrongs; procedure.

Articled clerks are examined twice by university and once by the board of examiners for attorneys, appointed by the judges of the supreme court. Bar students aro examined twice during the law course by the university and must attain the degree of bachelor of law before being admitted to practice at the bar. Fifteen is the required age for entering the course.

(3) University of Sidney.—Law school, Sir William Montgu Manning, chancellor; Arthur Renwick, vice-chancellor, Sidney, New South Wales. One professor and 4 lecturers, 25 students.

The course is a three year one, each year consisting of three terms of ten weeks. Studies for first term are: Jurisprudence and the theory of legislation; constitutional law; international law; Roman law.

Second year: The law in force in New South Wales relating to coutracts, torts, crimes, procedure, pleading, and evidence.

Third year: The law in force in New South Wales relating to real and personal property and conveyancing, equity procedure and subjects of equitable jurisdiction.

No age limit is prescribed. A two-year course in the faculty of arts is required of a candidate for the law course, The principal mode of instruction is by lectures. Moot courts are held periodically. The degree of LL. B gives a right to admission to the bar; in respect to the solicitor's branch of the legal profession it reduces the term of articles from five to three years.

The university was founded in 1858. Its degrees in art, law, and medicine are recognized as on an equality with those of the United Kingdom.

(4) Queensland. There are no institutions teaching jurisprudence; persons are educated for the legal profession by private study only. In the case of students for the bar study in a barrister's chamber is not necessary, but it is a growing custom for such students to read with some practicing barrister for a period of about twelve months and act in the capacity of what is called "devil” to him. It is the custom that such students, even though admitted to the bar, do not practice during such period of “deviling.” In the case of candidates for admission as solicitors it is necessary among other things that they should have served some practicing solicitor as an articled clerk for a period of five years.

Lawyers are divided into (1) barristers; (2) solicitors. There is another grade of practitioners who are not numerous and can scarcely be called lawyers, but do legal work, i. l., conveyancers. In law the professions here are amalgamated; that is to say a barrister may practice as a solicitor, or vice versa, but in practice, with but rare exceptions, the professions are kept entirely distinct.

(5) University of New Zealand.-By virtue of the “New Zealand University act” of 1874, all of the colleges of New Zealand were affiliated to the University of New Zealand. Two of these colleges have law departments, as follows: (1) University of Otago, Dundee, N. Z., Rev. Donald McNaughton Stuart, chancellor. Nine professors and 12 lecturers. The course embraces jurisprudence, law of property, constitutional history, and law. (2) Canterbury College, Christ Church, N. Z., Sir James Hector, chancellor. Five professors and 3 lecturers. The course embraces jurisprudence, constitutional history, Roman'law, international law, contracts, and torts.

Both courses extend over a period of three years, six months in the year. It is required that an applicant to these courses must have “kept two terms” at one of the affiliated colleges. After graduation a professional examination is necessary in order to become a practitioner.

III.-SPANISHI AMERICA.

A. Mexico.-Higher education is offered in colleges for professional instruction, but there is no university of note in Mexico. There are among the colleges several schools of law (in 1875 an official report (the latest available] enumerated 33 of such schools). The course generally followed in the leading law schools is as follows: Natural law, Roman law, Mexican law, constitutional law, administrative law, international and maritime law, penal legislation, civil and criminal procedure, legislation compared, medical jurisprudence, political economy.

B. Costa Rica. -By presidential decree of March 2, 1891, it was ordered that a provisional school of law should be opened in San Jose. The ancient school of law was abolished in 1890 when the University of St. Thomas was reëstablished. This university has not begun its functions as yet because its statutes have yet to receive congressional sanction. To the course in legal studies are annexed courses in philosophy and literature. The provisional school of law is under the control of the council of advocates which formulates the list of professors. During the mutations that have taken place in past years in the University of St. Thomas, there were efforts made to continue the law course, and by decree of August 22, 1888, these classes were reunited. The course formulated at that date included civil law, Roman law, public law, administrative law, mercantile law, civil and criminal procedure, international law, natural and criminal law, forensic oratory, and political economy. Whether the new reëstablishment continued all these branches is not known. It is stated, however, that but few students were admitted to the course in 1888–89, and that the future of the legal faculty or school depended somewhat upon its continuance as a private institution supported by the aforementioned council, or whether it be made public by making it subject to the department of education.

C. Colombia.-According to the “Informe del Ministro de Instruccion Publica, 1888," the University of Antioquia has among its faculties that of jurisprudence and political science. The course of study includes Roman law and history, civil law of the United States of Colombia (two courses), comparative mercantile law, international law (public and private), public law of ancient and modern nations with their bearing on the public law of Colombia, political economy, statistics and clementary knowledge of public property. The number of law students is not given, but the total number of students in the university was 222.

Courses in law were also found in the “Colegio Academico de Pasto," which has a class of law students, and in the “Seminario Conciliar de la Dioceses,” which offers a course in canonical law. A private college established in 1811 in Barranquilla, in the Department of Bolivar, which is not affiliated with the national university, has faculties of literature, philosophy, and jurisprudence. The “Colegio de la Esperanza,” which has been united with the national university, has a course in jurisprudence. The “ Colegio del Departmento de Bolivar” has six pupils studying law. They studied the institutes of Roman law, Roman history, philosophy of law, public and private international law, political economy, statistics, and elementary knowledge of laws appertaining to public property (hacienda publica).

The “Universidad Catolica de Bogota," founded in 1884, has, according to its founder's wishes, four faculties, but up to date only those of philosophy and letters and law are in operation. The examinations in 1888 in this university indicated that a high standard of excellence is expected, for only 2 students passed in political economy, 7 in Spanish law, 4 in civil law, 4 in criminal law, and 4 in the national code. There were other students, but they failed in examination. The “Colegio Mayor de Nuesta Señora del Rosario Bogota” had a regular course of law studies; 19 students of Roman law, 37 of philosophy of law, 38 of public law, 27 of civil law (first term), 18 in second term; 14 of mercantile law, 56 of international law, 22 of criminal law, 27 of court procedure, 30 of canonical law. The usual classes in Spanish law and political economy were not open during 1888.

Thus it is seen that the people of the United States of Colombia (3,879,600, according to the census of 1881) bestow much importance upon the study of law, as it is found not only in the universities, but also in minor colleges and private institutions.

D. Venezuela. According to the “Memoria del Ministro de Instruccion Publica, 1891,” the faculty of political sciences in the Central University of Venezuela and that of political sciences in the University of the Andes have the following courses: The Central University las Roman law, public law, ecclesiastical law, Spanish law, international law, civil and commercial codes, principles of legislation, administrative and penal law, and military law. The course extends over five years. The students of the first class nunbered 47, those of the third class 22, those of the fifth class 20. The number of bachelors of political sciences mentioned in the year 1889-90 was 21.

The University of the Andes reported courses in Roman law, 13 students; Spanish and canonical law, 13 students; commercial coile, 22 students; international law, 22 stndents; political economy, 14 students, and code of procedure 14 students. Between the dates of September 12, 1889, and November 15, 1890, 5 students received the degree of bachelor of political sciences and 8 that of doctor of political sciences in the University of the Andes.

E. Ecuador.-- According to the “Informo del Ministro de Negocios Ecclesiasticos, Instruccion Publica, Justicia, Beneficencia y Caridad y Estodistica de 1892," the faculty of jurisprudence in the ('entral l’niversity of Ecuador has classes in civil law, including Roman law, Spanish law, and laws of Ecuador (17 students); canonical law, including public ecclesiastical law and history of the general councils (47 students); political economy and general legislation (with 11 students of the fourth class and 19 of the third class); constitutional and administrative science, including international law (30 students); criminal code and practice, commercial law, military code, and mercantile procedure (29 students). The completion of these law courses covers six years. The total number of students is not given, the same names being reproduced in different legal branches. In the departments of Aznay and Guayas there are complete law faculties mentioned. It is surmised that the students of these 80-called university corporations go to the Central University at Quito to obtain their degrees. [This method is found in Spain, where the students from the minor universities go for such purpose to the Central University at Madrid.] These provincial university courses are as follows: The “Corporacion l'niversitaria del Aznay” has a six years' course in jurisprudence; the first and second courses inclnde civil law of the country compared with Roman law and the history of the laws of other countries. The third and fourth courses include public law, constitutional and administrative science, and political economy. The fifth and sixth courses include law practice, commercial, penal, and military codes, civil and criminal practice, also canoniical law.

The “Corporacion Universitaria del Guayas” has also a six years' course in law. The branches for the first and second years are civil laws of Ecuador, Roman and Spanish laws, canonical and public ecclesiastical laws. The third and fourth years include international law, constitutional and administrative science, political economy, civil and penal legislation. The fifth and sixth years take up the codes, i. e., practice in civil and criminal law, penal, military, and mining laws, commercial and special laws. The students in law are not enumerated, but there are 185 taking higher studies.

F. Brazil.--Higher education is controlled by the Central Government, which maintains two schools of law, two of medicine, four military, and one naval school, a school of mines, and a polytechnic, with a total scholarship of 2,916 in 1890. For students of law the following three courses are prescribed by law, under date of January 2, 1891: Science of jurisprudence; science of government and administrative law; preparation for notarial work.

The course in science of jurisprudence embraces the following: Philosophy and history of law; common and constitutional law; Roman law; criminal law, including military law; civil law; commercial law, including maritime law; medical jurisprudence; criminal, civil, and commercial procedure; court practice (practice in pleading); history of national law; essentials of political economy and administrative law. This course is divided into four terms, followed by examinations, as follows: First, philosophy and history of law; common and constitutional law. Second, Roman law; civil law; commercial law; criminal law. Third, medical jurisprudence; civil law, continued; commercial law, con nued. Fourth, history of national law; criminal, civil, and commercial law; essentials of political economy and administrative law; court practice (practice in pleading).

The course in science of government and administrative law embraces the following: Philosophy and history of law; common law; constitutional law; international law; diplomatic law and history of treaties; science of administration and administrative law; political economy; science of finances and accounts of state; public hygiene; comparing of legislative acts which relate to private law. The above course is divided into three terms, followed by examinations, as follows: First, the same as in the science of jurisprudence. Second, international law; diplomatic law and history of treaties; political economy; public hygiene. Third, science of administration and administrative law; science of finances and accounts of stato; comparing of legislative acts which relate to private law.

The course for notaries is divided into two terms, followed by examinations, as follows: First, explanation of state constitutional and adininistrative law; explanation of state criminal, civil, and commercial law. Secom, explanation of state law procedure; court practice.

It will be noticed that the study of science of jurisprudence covers four terms, that of science of goverument and administrative law three terms, while for students preparing for notarial work only tıro terms are prescribed. It is reasonable to suppose that by term is meant a year.

The same law establishes chairs for teaching the above courses.

G, Peru.-At Lima the oldest university in America, “Universidad de San Marcos,” teaches jurisprudence, medicine, political science, thcology, and applied scienco. A statement of the course in jurisprudence and other details are not available.

II. Boliria.—This country has five universities, in which law, medicine, and thcology are taught, with a total of 1,384 students and 83 professors.

1. lruguay.-The “Universidad de la Republica” at Montovideo, sometimes called the University of Montevideo, is reported in the “Annario Estadistico del Cruguay, 1889," as having 14 professors and 147 students in the faculty of law and social sciences. The course of study, according to the “ Laws and Regulations for Higher Studies," published in 1890, covers a five years' period, and is subdivided as follows:

First year: Philosophy of law, Roman law, civil law (first course), constitutional law (first courso).

Second year: Civil law (second course), constitutional law (second course), penal law (first courso), public international law.

Third year: Civil law (third course), penal law (second course), political economy (first course), commercial law (first course), judicial proceedings (first course).

Fourth year: Civil law (fourth course), political economy (second course), commercial law (second course), judicial proceedings (second course), forensic practico (first course).

Fifth year: Administrative law, privato international law, medical law, forensic practice (second course),

A general examination and the writing of a thesis are obligatory for all students who desire to graduate from the legal course. The general examinations for obtaining the degrees doctor in law and social science, which indicate completion of tho law course, are divided into three parts: (1) A theoretical examination in civil, commercial, and penal laws, which lasts an hour. (2) A practical examination in the composition of legal documents, which lasts two hours, and one-half hour's cx.

« ПредишнаНапред »