Proceedings of the Mid-Winter Meeting and of the Annual Session Volume 28 (Paperback)


This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1907 Excerpt: ...the crown and the subject arraigned in the court where he daily sits to practice, from that moment the liberties of England are at an end. If the advocate refuses to defend, from what he may think of the charge or of the defense, he assumes the character of the judge; nay, he assumes it before the hour of judgment; and in proportion to his rank and reputation, puts the heavy influence of perhaps a mistaken opinion into the scale against the accused, in whose favor the benevolent principle of English law makes all presumptions, and which commends the very judge to be his counsel." With respect to state cases, thinking lawyers today no doubt subscribe to that statement substantially if not literally. However strong may have been Erskine's provocation to throw all the force of his eloquence into the defense of his attitude before the English public and an English jury, it all comes to the plain proposition that nothing can contribute so much to the proper and just determination of questions of law and issues of fact, as the aid of competent counsel on both sides. Doubtful propositions of law, to be effectively settled, must be exhaustively argued. Rules of law may be agreed to; but issues of fact must still be found, and brought within those rules. And where the state challenges the citizen, representation of the citizen is essential. All this is axiomatic to us, but apparently it is brushed aside by those who would render verdicts and judgments without the formality of a hearing. For the present our only practical support comes from those who have occasion to invoke the protection of the law. There is nothing so persuasive as personal experience, and the enthusiasm of a new convert for the need of unbiased judges and juries is both marvelous and consolin...

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Product Description

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1907 Excerpt: ...the crown and the subject arraigned in the court where he daily sits to practice, from that moment the liberties of England are at an end. If the advocate refuses to defend, from what he may think of the charge or of the defense, he assumes the character of the judge; nay, he assumes it before the hour of judgment; and in proportion to his rank and reputation, puts the heavy influence of perhaps a mistaken opinion into the scale against the accused, in whose favor the benevolent principle of English law makes all presumptions, and which commends the very judge to be his counsel." With respect to state cases, thinking lawyers today no doubt subscribe to that statement substantially if not literally. However strong may have been Erskine's provocation to throw all the force of his eloquence into the defense of his attitude before the English public and an English jury, it all comes to the plain proposition that nothing can contribute so much to the proper and just determination of questions of law and issues of fact, as the aid of competent counsel on both sides. Doubtful propositions of law, to be effectively settled, must be exhaustively argued. Rules of law may be agreed to; but issues of fact must still be found, and brought within those rules. And where the state challenges the citizen, representation of the citizen is essential. All this is axiomatic to us, but apparently it is brushed aside by those who would render verdicts and judgments without the formality of a hearing. For the present our only practical support comes from those who have occasion to invoke the protection of the law. There is nothing so persuasive as personal experience, and the enthusiasm of a new convert for the need of unbiased judges and juries is both marvelous and consolin...

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Product Details

General

Imprint

Rarebooksclub.com

Country of origin

United States

Release date

May 2012

Availability

Supplier out of stock. If you add this item to your wish list we will let you know when it becomes available.

First published

May 2012

Authors

Dimensions

246 x 189 x 4mm (L x W x T)

Format

Paperback - Trade

Pages

74

ISBN-13

978-1-154-24289-8

Barcode

9781154242898

Categories

LSN

1-154-24289-7



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