FREE BOOKS

Author's List




PREV.   NEXT  
|<   32   33   34   35   36   37   38   39   40   41   42   43   44   45   46   47   48   49   50   51   52   53   54   55   56  
57   58   59   60   61   62   63   64   65   66   67   68   69   70   71   72   73   74   75   76   77   78   79   80   81   >>   >|  
one or two shining exceptions, experience may teach us to foretell that a lawyer thus educated to the bar, in subservience to attorneys and solicitors[n], will find he has begun at the wrong end. If practice be the whole he is taught, practice must also be the whole he will ever know: if he be uninstructed in the elements and first principles upon which the rule of practice is founded, the least variation from established precedents will totally distract and bewilder him: _ita lex scripta est_[o] is the utmost his knowlege will arrive at; he must never aspire to form, and seldom expect to comprehend, any arguments drawn _a priori_, from the spirit of the laws and the natural foundations of justice. [Footnote n: See Kennet's life of Somner. p. 67.] [Footnote o: _Ff._ 40. 9. 12.] NOR is this all; for (as few persons of birth, or fortune, or even of scholastic education, will submit to the drudgery of servitude and the manual labour of copying the trash of an office) should this infatuation prevail to any considerable degree, we must rarely expect to see a gentleman of distinction or learning at the bar. And what the consequence may be, to have the interpretation and enforcement of the laws (which include the entire disposal of our properties, liberties, and lives) fall wholly into the hands of obscure or illiterate men, is matter of very public concern. THE inconveniences here pointed out can never be effectually prevented, but by making academical education a previous step to the profession of the common law, and at the same time making the rudiments of the law a part of academical education. For sciences are of a sociable disposition, and flourish best in the neighbourhood of each other: nor is there any branch of learning, but may be helped and improved by assistances drawn from other arts. If therefore the student in our laws hath formed both his sentiments and style, by perusal and imitation of the purest classical writers, among whom the historians and orators will best deserve his regard; if he can reason with precision, and separate argument from fallacy, by the clear simple rules of pure unsophisticated logic; if he can fix his attention, and steadily pursue truth through any the most intricate deduction, by the use of mathematical demonstrations; if he has enlarged his conceptions of nature and art, by a view of the several branches of genuine, experimental, philosophy; if he has impressed on his mind
PREV.   NEXT  
|<   32   33   34   35   36   37   38   39   40   41   42   43   44   45   46   47   48   49   50   51   52   53   54   55   56  
57   58   59   60   61   62   63   64   65   66   67   68   69   70   71   72   73   74   75   76   77   78   79   80   81   >>   >|  



Top keywords:

practice

 

education

 
Footnote
 

making

 

academical

 

learning

 

expect

 

sciences

 

sociable

 

disposition


assistances
 

flourish

 

neighbourhood

 

helped

 

branch

 

improved

 

prevented

 

illiterate

 

matter

 

public


obscure

 

wholly

 

concern

 

profession

 

common

 

previous

 

effectually

 

inconveniences

 

pointed

 
rudiments

writers

 
intricate
 

deduction

 

mathematical

 

attention

 

steadily

 

pursue

 

demonstrations

 

enlarged

 

philosophy


experimental

 

impressed

 

genuine

 

branches

 

nature

 

conceptions

 

unsophisticated

 
purest
 

imitation

 

classical