SIR EDWARD COKE. Preface to the Ninth Part of the Reports. (1613. p. xiv.) A substantial and a compendious Report of a Case rightly adjudged doth produce three notable Effects. First, it openeth the Understanding of the Reader and Hearer; secondly, it breaketh through Difficulties; and thirdly, it bringeth home, to the Hand of the Studious, Variety of Pleasure and Profit. I say, It doth set open the Window of the Laws, to let in the gladsome Light, whereby the right Reason of the Rule (the Beauty of the Law) may be clearly discerned. It breaketh the thick and hard Shell, whereby with Pleasure and Ease the Sweetness of the Kernel may be sensibly tasted, and adorneth with Variety of Fruits, both pleasant and profitable, the Storehouses of those by whom they were never planted nor watered. Whereunto (in those Cases that be tortuosi and of great Difficulty, adjudged upon Demurrer or resolved in open Court) no one man alone, with all his true and uttermost Labours, nor all the Actors in them, themselves by themselves out of a Court of Justice, nor in Court without solemn Argument (where, I am persuaded, Almighty God openeth and inlargeth the Understanding of the desirous of Justice and Right) could ever have attained unto. For it is one amongst others of the great Honours of the Common Laws, that Cases of great Difficulty are never adjudged or resolved in tenebris or sub silentio suppressis rationibus; but in open Court, and there upon solemn and elaborate Arguments, first at the Bar by the Counsel learned of either Party (and if the Case depend in the Court of Common Pleas, then by Serjeants at Law only); and after at the Bench by the Judges, where they argue (the puisne Judge beginning and so ascending) seriatim upon certain Days openly and purposely prefixed, declaring at large the Authorities, Reasons, and Causes of their Judgements and Resolutions in every such particular case (habet enim nescio quid energiae viva vox): a Reverend and Honourable Proceeding in Law, a grateful Satisfaction to the Parties, and a Great Instruction and Direction to the attentive and studious Hearers. ... JAMES KENT. Commentaries on American Law. (1826-30. I, 496.) I have now finished a succinct detail of the principal reporters; and when the student has been thoroughly initiated in the elements of legal science, I would strongly recommend them to his notice. . . . Some of them, however, are to be deeply explored and studied, and particularly those cases and decisions which have spread their influence far and wide, and established principles which lie at the foundations of English jurisprudence. Such cases have stood the scrutiny of contemporary judges, and been illustrated by succeeding artists, and are destined to guide and control the most distant posterity. . . . They are worthy of being studied even by scholars of taste and general literature, as being authentic memorials of the business and manners of the age in which they were composed. Law reports are dramatic in their plan and structure. They abound in pathetic incident, and displays of deep feeling. They are faithful records of those "little competitions, factions, and debates of mankind" that fill up the principal drama of human life; and which are engendered by the love of power, the appetite for wealth, the allurements of pleasure, the delusions of self-interest, the melancholy perversion of talent, and the machinations of fraud. They give us the skillful debates at the Bar, and the elaborate opinions on the Bench, delivered with the authority of oracular wisdom. They become deeply interesting, because they contain true portraits of the talents and learning of the sages of the law. LIST OF LAW REVIEWS CITED = American Law Review. = American Law Register and Review (now, University of Pennsylvania Law Review). A. L. R. C. L. R. H. L. R. I. L. R. L. Q. R. = LIST OF WORKS CITED ON JURISPRUDENCE AND PHILOSOPHY OF LAW Sheldon Amos. "Systematic View of the Science of Jurisprudence" (1872). John Austin. "Jurisprudence, or the Philosophy of Positive Law" (1873, 4th ed. Eng.). Jeremy Bentham. "Theory of Legislation" (ed. 1871). Thomas E. Holland. "Elements of Jurisprudence" (9th ed. 1900). Oliver Wendell Holmes, Jr. "The Common Law" (1881). Francis Lieber. "Manual of Political Ethics" (1875, Misc. Writings, vol. I). William Paley. "Principles of Political and Moral Philosophy" (16th ed. 1806, 2 vols.). Charles S. M. Phillipps. "Jurisprudence" (1863). John W. Salmond. "Jurisprudence” (2d ed. 1907). Herbert Spencer. "Justice" (1891). Henry Sidgwick. Henry T. Terry. A. J. Willard. "Elements of Politics" (1891). "Some Leading Principles of Anglo-American Law" (1884). "Principles of the Law; Personal Rights" (1880). CONTENTS Topic 1. Historic Significance of Forms of Action in General 3. Sir Frederick Pollock and Frederic William Maitland, "History of 14. First Report of the Practice Commissioners (England, 1851) 15. First Report of the Practice Commissioners (New York, 1848) Topic 3. Nominal Damage and Substantial Damage 19. Ashby v. White (England, 1703) . 20. Webb v. Portland Manufacturing Company (United States, 1838) PAGE SUB-TITLE (II): SENSORY HARMS (NUISANCE) [See the cases post, under Title D, Mixed Harms, Nos. 323-330.] 43. Chapman v. Western Union Telegraph Co. (Georgia, 1892) 44. Sullivan v. Old Colony Street Railway Co. (Massachusetts, 1908) នីភ 98 98 99 |