The Science of Law and Lawmaking: Being an Introduction to Law, a General View of Its Forms and Substance, and a Discussion of the Question of Codification

Richard Floyd Clarke

Macmillan, 1898 - Jurisprudence - 473 pages

Contents

• PAGE: 1
• A WILL CASE: 8
• THE CASE WAYARMORY vs DELAMIRIE: 12
• THE CONFLICT IS BETWEEN CODE AND CASE: 17
• THEIR ORIGIN IN A COMMON FORM: 18
• THE SELECTION OF CASE OR STATUTE LAW A QUESTION OF MIXED: 25
• THE CONFLICT IS BETWEEN CODE AND CASE LAW: 26
• CHAPTER III: 33
• THE COMPARATIVE INTELLIGIBILITY OF THE CODE AND CASE SYS: 40
• AN INTRODUCTION TO THE STUDY OF: 44
• CIVIL LAW: 49
• THE FOUR DIVISIONS: 71
• A LAWSUIT WITH SIDE NOTES: 78
• THE SOURCES FROM WHICH THE JUDGE OBTAINS HIS LAW: 88
• THE LAW CHANGES AS THE TIMES CHANGE: 90
• THE LAWYERS OTHER TOOLS OF TRADE: 96
• CHAPTER V: 102
• CONCRETE EXAMPLES OF REPORTED CASES: 122
• CONCRETE EXAMPLE OF A TEXTBOOK: 141
• CONCRETE EXAMPLES OF DIGESTS: 149
• SUMMARY STATEMENT OF THE PRINCIPLES OF: 159
• THE ENGLISH LAW AS IT WOULD BE IF CODIFIED: 176
• Exhibit N The Proposed Civil Code of New York: 186
• ALL THE LAW IS WRITTEN THE LIKENESS: 222
• THE DIFFERENCE IS INTRINSIC NOT ACCIDENTAL: 248
• CHAPTER VIII: 262
• FIELDS NEW YORK CODE OF CIVIL PROCEDURE: 269
• SECOND THE ALLEGED SIMPLIFICATION OF THE PLEADINGS: 275
• THE BURDEN ON THE CODIFIER: 281
• AMOS ON THE FIELD CIVIL CODE: 284
• AUSTIN ON THE FRENCH AND PRUSSIAN CODES: 292
• THE QUESTION OF FURTHER GROWTH: 298
• THE CODE AN UNKNOWN QUANTITY A SHIFTING CONCEPTION: 304
• DEFINITENESS COMPARATIVE CERTAINTY: 310
• HAWKINS STATEMENT OF THE ARGUMENT: 319
• FIELDS STATEMENT OF THE ARGUMENT: 327
• THE PRACTICAL ARGUMENT: 334
• CHAPTER X: 345
• THE SCOPE OF LEGISLATIVE FREEDOM OF WILL: 407
• THE SCIENTIFIC WARRANT FOR THE EXISTENCE OF STATUTE: 412
• THE QUASICODIFICATION OF RULES APPLYING TO INDIFFERENT: 421
• THE DIFFERENCE BETWEEN THE CONDUCT OF THE INDIVIDUAL: 428
• CHAPTER XI: 429
• TWO PRACTICAL DIFFICULTIES HOW MET: 437
• THE LESSON OF EXPERIENCE: 444
• BIBLIOGRAPHY: 453
• INDEX: 461

Bibliographic information

• Title: The Science of Law and Lawmaking: Being an Introduction to Law, a General View of Its Forms and Substance, and a Discussion of the Question of Codification
• Author: Richard Floyd Clarke
• Publisher: Macmillan, 1898
• Original from: Harvard University
• Digitized: Sep 22, 2008
• Length: 473 pages