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: ... OFFICIAL REPORTING OF LAW OPINIONS. By Robert G.
Morrow, Esq. Mr. President and Gentlemen: An eminent authority
tells us that the perception of the necessity and purpose of
reports was of slow growth. Before the Norman conquest, by as many
as 300 years, memorials of litigation had been kept, but they were
not prepared by persons skilled in the art of law, and even much
later what are known as Court Rolls were practically intended to
accomplish the purpose now obtained by judgment dockets. It is
generally considered that the first books to approximate what we
know as reports are the Year Books, which were commenced about the
middle of the reign of Edward I. Lord Westbury says that the
introduction of the Year Books was the beginning of the practice of
appealing to former decisions as authority for the determination of
subsequent similar cases, thus originating the striking peculiarity
of law courts among English speaking peoples--the authority of
precedent, a practice that is to this day almost unknown elsewhere.
In Continental Europe the text writer occupies a far higher
position than he does in the United States, for there the courts
rely largely upon the authority of law treatises. Not being an
extensive linguist, I have not read an appreciable number of the
foreign decisions, but I am persuaded that unless there is in
Europe a much more learned class of law writers than we have r in
the United States, the courts are very likely to find themselves in
embarrassing positions by relying upon the opinion of these learned
gentlemen. Text books in the United States have degenerated from
scholarly treatises by able and thoughtful writers to collections
of disjointed sentences selected by many persons from judicial
opinions without reference to their quality. T...
General Books LLC
|Country of origin:
Oregon Bar Association Meeting
||246 x 189 x 3mm (L x W x T)
||Paperback - Trade
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