Jurist

“ The second science is jurisprudence, which teaches proper conduct and our duties to God, ourselves and our neighbours, in order to acquire peace of body and soul. No jurist can be called wise who does not know former interpretations and discussions of natural and civil laws. And how can a judge pass right judgment if he does not know the origin and application of old and new laws? ”

“ All legally recognized interests of substance in developed legal systems are normally individual interests. To the historical jurist of the nineteenth century, this fact, coupled with the development of ownership out of possession, served to show us the idea which was realizing in human experience of the administration of justice and to confirm the position reached by the metaphysical jurists. ”

“ Each society has its own system of laws, and all the systems, so far as they are known, constitute the appropriate subject matter of jurisprudence. The jurist may deal with it in the following ways. He may first of all examine the leading conceptions common to all the systems, or in other words define the leading terms common to them all. Such are the terms law itself, right, duty, property, crime, and so forth, which, or their equivalents, may, notwithstanding delicate differences of connotation, be regarded as common terms in all systems. ”

“ The movement, which rests on the assumption that the judge is wise and impartial, should make us quick to upset his determinations in the few cases which clearly demonstrate light regard for the principles that should guide a responsible jurist. ”

“ The true jurists, the true legislators, will learn from comparative jurisprudence the lex legum of which I have spoken; will know the veneration due to those institutions and laws which are the surest exponents of national genius, while they obey implicitly the spirit of progress. ”

“ The inquiries of the jurist are in truth prosecuted much as inquiry in physic and physiology was prosecuted before observation had taken the place of assumption. ”

“ I observe that not a few continental jurists have much difficulty in comprehending the nature of the connection between the conceptions blended in a universal succession, and there is perhaps no topic in the philosophy of jurisprudence on which their speculations, as a general rule, possess so little value. But the student of English law ought to be in no danger of stumbling at the analysis of the idea which we are examining. Much light is cast upon it by a fiction in our own system with which all lawyers are familiar. ”

“ Our professional pursuits have led us to the study of the system of jurisprudence which has been matured by the wisdom and experience of ages, but which has been recognized by all eminent jurists to be founded upon the defined principles of Christianity. ”

“ It was the task of the jurists to build and shape the law on the basis of the old local materials so as to make it an instrument for satisfying the wants of a whole world while at the same time insuring uniformity and predictability. ”

“ The jurists, who first had occasion to discover in the institutions which formed the object of their studies a certain guiding thread through the forms which manifestly succeeded each other, carried over, as they still carry over as cheerfully, the reasoning faculty which is their own quality, to serve as an explanation for the whole vast social fabric, however complicated. ”

“ The lawyer finds in the Latin language the system of civil law most conformable with the principles of justice of any which has ever yet been established among men, and from which much has been incorporated into our own. ”

“ Of law, as a science, he ever expressed the deepest admiration, and an author who combines an accurate knowledge of the practical details of jurisprudence with the most philosophical views of legal principles, has quoted Dr. Johnson, as pronouncing the study of law "the last effort of human intelligence acting upon human experience." ”

“ Both the theories and practice of lawyers, both legal definition and the regular working of regularly constituted courts of justice, have here given an amount of system and rigidity to classes of people connected with the land, and to their rights and duties, which it would be an error to seek in old hill-states where there were no lawyers, and practically no law but custom and the will of the chief ”

“ Those who write upon the principles of jurisprudence, consider only what the person to whom the obligation is due, ought to think himself entitled to exact by force; what every impartial spectator would approve of him for exacting, or what a judge or arbiter, to whom he had submitted his case, and who had undertaken to do him justice, ought to oblige the other person to suffer or to perform. ”

“ Books of natural jurisprudence are in their essence books of ethics or moral philosophy, limited, however, to that department which is concerned with justice, as opposed to the other forms of right, while the method and the point of view are those of the lawyer rather than of the moral philosopher. ”

“ But if we take the view of our friend the bad man we shall find that he does not care two straws for the axioms or deductions, but that he does want to know what the Massachusetts or English courts are likely to do in fact. I am much of his mind. The prophecies of what the courts will do in fact, and nothing more pretentious, are what I mean by the law.
Take again a notion which as popularly understood is the widest conception which the law contains;—the notion of legal duty, to which already I have referred. We fill the word with all the content which we draw from morals. ”

“ Almost all of the problems of jurisprudence come down to a fundamental one of rule and discretion, of administration of justice by law and administration of justice by the more or less trained intuition of experienced magistrates. ”

“ When the lawyer prepares his own case and makes the argument, as he generally does, he acts in the capacity of both attorney and councillor. In the court of chancery the lawyer is denominated solicitor, and in the admiralty court, proctor. Before a person is permitted to practise law in our courts, he is required to pass through a regular course of study, and afterwards [216] undergo an examination before persons learned in the law.
2. This profession has its foundation in the numerous and complicated laws which have been adopted by men, to govern their intercourse with each other. ”

“ And yet all, who of late years have attended the public administration of justice, must be sensible that a masterly acquaintance with the general spirit of laws and the principles of universal jurisprudence, combined with an accurate knowlege of our own municipal constitutions, their original, reason, and history, hath given a beauty and energy to many modern judicial decisions, with which our ancestors were wholly unacquainted. ”

“ How would lawyers feel if a lawyer could be invented in such a way that questions of law, being put in a kind of hopper and a crank being turned, decisions of the highest court could be prophesied without failure? ”

“ But where there is a matter which would subject the person in question to a criminal proceeding, in my opinion, a different principle must be applied. We are to see that the officers of the court are proper persons to be trusted by the court with regard to the interests of suitors, and we are to look to the character and position of the persons, and judge of the acts committed by them, upon the same principle as if we were considering whether or not a person is fit to become an attorney. ”

“ As an advocate in the Criminal Court, as counsel in the Civil Courts, as a cross-examiner in involved Equity suits, or in reducing complicated issues, he could dive into the depths of the sea of legal lore and bring out conclusive points in favour of his clients. ”

“ For the concrete development of beautifully bewigged humanity, called a lawyer, I beg you to observe that I always express, and feel, extreme respect. But for Law itself, in the existent form of it, invented, as it appears to me, only for the torment and taxation of Humanity, I entertain none whatsoever. ”

“ The lawyers will have a banquet You said once, 'If there were in the world one lawyer where now there are a hundred, the world would be the better for it, and justice would be more easily administered.' Well, the law shall not juggle with my money if I live another week ”

“ When we study law we are not studying a mystery but a well-known profession. We are studying what we shall want in order to appear before judges, or to advise people in such a way as to keep them out of court. The reason why it is a profession, why people will pay lawyers to argue for them or to advise them, is that in societies like ours the command of the public force is intrusted to the judges in certain cases, and the whole power of the state will be put forth, if necessary, to carry out their judgments and decrees. ”

“ In the widest of its applications the term jurisprudence means the science of law, using the word law in that vague and general sense in which it includes all species of obligatory rules of human action. Of jurisprudence in this sense, there are as many divisions as there are kinds of law which have been deemed sufficiently important and well developed to serve as the subject-matter of distinct branches of learning. ”

“ An old lawyer living New Bedford, Mass., a graduate of Yale University and widely acquainted in this country, told me last summer that if you want to know the politics of the majority of the lawyers in any city or town, you have simply to find out the politics of the wealthiest men or corporations in that city or town. In other words, the whole duty of a lawyer is simply to interpret the law agreeably with the interests of plutocracy. ”

“ When a group of facts come before an English Court for adjudication, the whole course of the discussion between the judge and the advocate assumes that no question is, or can be, raised which will call for the application of any principles but old ones, or any distinctions but such as have long since been allowed. ”

“ His idea and purpose are to establish a positive science of jurisprudence in the widest and most comprehensive sense of the word, on the basis of an investigation of all the forms of law, available to research, that have ever appeared. A universal science of jurisprudence, according to this conception, would have for its subject-matter the contents of the jural sense or consciousness of the entire human race,—the jural facts of the totality of human society. ”

“ WHO KNOWS THE LAW.—The layman is frequently of the opinion that a lawyer ought to be able to give him a definite answer as to just what the law is in a given set of facts. Why is it not possible to go to the sources which we have been discussing and from them ascertain definitely what the law is in a given case? ”

“ Law is a compound of all the sciences in theory and practice. An honest lawyer who is actuated by principles of strict justice, pure ethics, equal rights and stern integrity—can do more to sustain social order and promote human happiness than a man pursuing either of the other professions. ”

“ No person convicted of Catholicism may practice the common law as a counsellor, clerk, attorney, or solicitor, nor may practice civil law as advocate, or proctor, nor shall be justice, minister, clerk, or steward in any court, nor practice medicine, nor perform as apothecary, nor be officer in a town, in the army, or navy, or forfeit 100 pounds. ”

“ For this beneficent vital-spark every body, but a lawyer, is in search; and it is what every body, but a lawyer, is delighted to find. No wonder therefore that a lawyer should meet discomfiture, and confusion, when he pretends to discuss the abstract nature of justice, in any place except in these aforesaid Courts of Justice. ”

“ In Justice the young advocate who appears for the defence is not so much pleading for the client under the law, as arraigning the present legal system, setting up a new conception of law based upon common sense, human insight, and a morality finer than legalism. ”

“ Back of precedents are the basic juridical conceptions which are postulates of judicial reasoning, and farther back are the habits of life, the institutions of society, in which those conceptions had their origin, and which, by a process of interaction, they have modified in turn. [12] None the less, in a system so highly developed as our own, precedents have so covered the ground that they fix the point of departure from which the labor of the judge begins. ”

“ They indisputably require eloquent advocates and keen attorneys;—who expound, complicate, unriddle, or confuse, the respective statutes, points, precedents, and practice, of that simple science, which too frequently, like a burning-glass, consumes both sides of what it shines upon. ”

“ While the majority of lawyers are not rascals in name, a good many are at heart, and with the most, when it comes to the question of justice and a small fee and injustice and a big one,—well, draw your own conclusions, all ye who have been fools enough to seek recourse at law. ”

“ From what hath been already observed, the difficulties attending this study in these kingdoms will readily appear; but these, instead of discouraging, should animate every gentleman, and inspire him with resolution to surmount them; when he considers them as inseparable from the happy situation in which we are placed, and that the character of an upright and skilful lawyer is one of the most glorious, because one of the most useful to mankind ”

“ These are metaphors that still commend themselves; for the honest man is still the straight and upright man, and the ways of wickedness are still crooked. In this sense, therefore, recht, droit, and diritto signify justice and right.
3. The first application being physical and the second ethical, the third is juridical. The transition from the second to the third is easy. Law is justice as recognised and protected by the state. The rules of law are the rules of right, as authoritatively established and enforced by tribunals appointed to that end. ”