A History of Continental Criminal Law

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The Lawbook Exchange, Ltd., 1999 - Law - 561 pages
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Page vii - A lawyer without history or literature is a mechanic, a mere working mason ; if he possesses some knowledge of these, he may venture to call himself an architect.
Page vii - I might instance in other professions the obligation men lie under of applying themselves to certain parts of History; and I can hardly forbear doing it in that of the Law, — in its nature the noblest and most beneficial to mankind, in its abuse and debasement the most sordid and the most pernicious.
Page vii - But there have been lawyers that were orators, philosophers, historians: there have been Bacons and Clarendons. There will be none such any more, till in some better age true ambition, or the love of fame, prevails over avarice, and till men find leisure and encouragement to prepare themselves for the exercise of this profession, by climbing up to the vantage ground (so my Lord Bacon calls it) of Science, instead of groveling all their lives below, in a mean but gainful application of all the little...
Page xiii - Committee, on behalf of our profession, acknowledges to them a special debt for their cordial services on behalf of legal science, and commends them to the readers of these volumes with the reminder that without their labors this Series would have been a fruitless dream. So the Committee, satisfied with the privilege of having introduced these authors and their translators to the public, retires from the scene, bespeaking for the Series the interest of lawyers and historians alike. THE EDITORIAL...
Page v - EDITORIAL COMMITTEE OF THE ASSOCIATION OF AMERICAN LAW SCHOOLS JOSEPH H. DRAKE, Professor of Law in the University of Michigan. ERNST FREUND; Professor of Law in the University of Chicago. ERNEST G. LORENZEN, Professor of Law in the University of Minnesota.
Page vii - ... so my lord Bacon calls it, of science ; instead of grovelling all their lives below, in a mean but gainful application to all the little arts of chicane. Till this happen, the profession of the law will scarce deserve to be ranked among the learned professions ; and whenever it happens, one of the vantage grounds, to which men must climb, is metaphysical, and the other historical knowledge.
Page ix - ALL history," said the lamented master Maitland, in a memorable epigram, "is but a seamless web; and he who endeavors to tell but a piece of it must feel that his first sentence tears the fabric." This seamless web of our own legal history unites us inseparably to the history of Western and Southern Europe. Our main interest must naturally center on deciphering the pattern which lies directly before us, — that of the Anglo-American law. But in tracing the warp and woof of its structure we are brought...
Page ix - ... Even insular England cannot escape from the web. For, in the first place, all its racial threads — Saxons, Danes, Normans — were but extensions of the same Germanic warp and woof that was making the law in France, Germany, Scandinavia, Netherlands, Austria, Switzerland, Northern Italy, and Spain. And, in the next place, its legal culture was never without some of the same intellectual influence of Roman law which was so thoroughly overspreading the Continental peoples. There is thus, on the...

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