Obrázky stránek
PDF
ePub

that many portions of it may be carefully read, in advance of his studies; so that by frequent reference, and deliberate reading, the entire volume may become, in time, perfectly familiar to him. This is recommended from a thorough conviction that no one, however highly gifted, need ever hope to treasure in his mind, as actual knowledge, the minute details of such a science as law. The truth is, that this science, like that of numbers, can only be attained by a careful study of its principles. It were, indeed, as vain an attempt to master its details, as those of Algebra, or of Logarithms. In a library of only five hundred volumes, Mr. Park estimates that there are probably not less than 2,625,000 points;* and Mr. Preston, in his recent learned Treatise on the Law of Merger, computes that his volume contains at least 3,000 propositions on subjects of daily occurrence. Students, therefore, need feel no despondency, when they see learned and experienced lawyers constantly referring to their books, on questions which they are apt to suppose ought to be entirely familiar to them; and the anecdote of the complaint made by his late majesty, George III. that 'he had occasion to consult the best lawyers in his dominions, and not a man of them could do more than refer,' is no disparagement to either him or them. The sources, therefore, of accurate information, become extremely important to be familiarly known; and an accurate acquaintance with legal bibliography, and, indeed, with the analysis, or general outline of every volume of the law, is among the most valuable means

* Park's Contre-Project, 51.

possessed by the lawyer of rendering his positive knowledge efficient. We, therefore, recommend, (when time will serve,) that the student, as he occasionally reads portions of this volume, should carefully peruse the table of contents, or other synopsis, of every book recommended in it; so that subsequently, when he comes to study the various volumes, &c., and also at all after times, the analysis, and general contents of each, may not fail to be so familiar to him, as to enable him to refer to it with some confidence that he will find the particular information sought.

SECONDLY. As the first inspection of this volume may possibly impress the student with an idea that it will be difficult for him to extract from it the precise information he desires as to the order of his studies, and the books to be read by him; and as the contents of any work are only to be known after some examination of it, we recommend, before he has taken a book in hand, that he should read in this volume, first, the TABLE OF CONTENTS, and the PROEM; and then, with great care, the whole of the FIRST TITLE, with its NOTES. After this, and at his leisure, whilst studying the works recommended in the first title, he should read cursorily in anticipation, the whole of the SECOND TITLE. studies of the first title being completed, the student should then, for the second time, read carefully the second title, with its notes; and whilst engaged in studying the books, &c. therein recommended, he may proceed to a cursory reading of the THIRD TITLE; which, like the preceding, is to be again carefully read, just before the student engages in the studies prescribed

The

in it. The foregoing remarks, apply equally to the other titles of the Course.

THIRDLY.-If the student undertakes either of the short courses, viz: that which remains after omitting the works designated by either of the letters E, e, he should, nevertheless, read with care, the notes on all of the omitted works; and also, (if accessible to him,) examine each of them in a cursory way, and read carefully the table of contents, and such other synopsis, as each may contain. Such a general idea of the contents of valuable treatises, which cannot be elaborately studied, often proves of great importance to the practitioner, in the course of his legal researches.

FOURTHLY.-The works enumerated in the respective titles of the Course, should be studied in the order therein designated; and those which come under the heads of 'Auxiliary Subjects,' 'Books of Occasional Reference,' 'Miscellaneous,' &c., must be considered, with certain qualifications hereafter mentioned, as integral and essential parts of the full course, and be carefully studied or used by him, in the modes therein prescribed.*

FIFTHLY. No part of the Course is of more value to the student, than the selected cases in iord Coke's Reports. We mention this, in limine, because we have remarked that many students, from very erroneous impressions, have shrunk from this portion of their prescribed course,-and because we have uniformly found

*Should the student be unable to obtain any particular work, stated in the syllabus, as belonging to his course, he must exercise his own judgment in selecting another out of the syllabus, to supply its place.

that students who have diligently read these cases, with the added references of leading cases from lord Coke's time to the present day, have expressed the greatest satisfaction at the result, and have even dated it as the period of their triumph over the perplexities of their novitiate.

SIXTHLY.-When the student has gone through the studies of the course selected by him, we advise him to read the whole volume, and to select from each title such works as he may desire to study, with renewed ardour, after he has come to the bar. Let him still regard this volume as his guide for retired study, at such hours as he can spare from his professional duties; taking special care, however, to guard against contracting the character, or gaining the reputation of being a mere student,-nothing being more fatal to professional success than this species of public estimation! This indisputable, and alarming fact evinces the great importance of methodical and persevering study during the allotted period of the student's novitiate; for, after that has passed, such is the inconsistency of man, that clients, though they may insist on learned speeches and opinions, will not tolerate a man of books. The whole of a practitioner's visible time is claimed by them as their own; so that, whatever study can be snatched from their grasp, must be silently and unostentatiously accomplished. Still something may be done, even in the way of regular study, not only by the young practitioner, but by one of long standing, at such times, and in such ways as shall attract no particular attention; and whilst a careful economy of 'particles of time' will enable the lawyer to add daily to his store of know

ledge, and thus retain his standing with clients, as a man of business; he will greatly augment his reputation among them, by the manifestation of an increasing familiarity with a science which they would not suffer him openly to cultivate.

From the foregoing directions, as to the mode of using the present volume, the student will perceive that we have enjoined on him one cursory, and two attentive perusals of its pages. Let him not think this an unreasonable requisition in an author. We desire to exclude from our mind all other considerations than those of utility to the student, for whom we have aimed, with the best intentions, to be a legal mentor, during three or four years, and, perhaps, of as many more, after he has come to the bar. Whatever may be the deficiencies of the work, the author still ventures to hope that it will not fail to prove, to earnest followers, a faithful guide 'through the depths of the learning of the law.' And with M. Dupin, he presumes to add: 'Ce volume est vraiment un ouvrage de famille, une œuvre de communauté. Ce n'est point

un livre a moi; c'est un recueil où chacun aura fourni son contingent. L'antiquité s'y trouve concourir avec les temps modernes; les auteurs morts avec les auteurs vivans; mais c'est toujours la profession d'avocat, immutable dans ces vieilles maximes d'honneur au sein desquelles elle est née, et hors desquelles il ne serait plus possible de la concevoir."*

In conclusion, we have only to state that, although in the syllabus of every title and division of the work,

*Profession d'Avocat, par M. Dupin, aîné. Pref. iv.

« PředchozíPokračovat »