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(Excerpt from Course in Comparative Jurisprudence Uses an...)
Excerpt from Course in Comparative Jurisprudence Uses and Methods of the Study of Comparative J urispru dence and Legal History - Law, a science in its theory and an art in its application, and the more exact our knowledge of it is as a science the more precise and effective will he its applica tion as an art. Jurisprudence has been developed from archaic times by a very slow but distinctly continuous growth. We need not undervalue the labors of analytical jurists, but the fact remains that the historical method is indispensable and becomes the more so as modern research is extended into the origin of all kinds of human life and human institutions. Reference to the Views of Professor Paulsen, of Berlin, that law is not an invention of jurists and legislators, but has grown up with the social life of the people as the external form of their union. Originally it is custom; then at a certain stage of de velopment it is separated from the collection of universal oblig atory forms of life and action, and becomes a separate field of social compulsion. From that stage on it becomes possibly an object of conscious consideration, and may be even expressed in written statutes and codes and come to look like an artificial product; but whoever considers the subject historically will easily observe that the legal system as a whole is not made. All that is done is to incorporate in a system what has been current and traditional. Occasionally slight adaptations to the changing life and conditions of the people are made. We may say of the legal codes, then, they are not made; they grow. Primitive people did not meet in convention and say, Let us make a constitution, a civil code, and a code of practice. Such things may be said sometimes todav in communities which have behind them thousands of years of legal experience; but even then they can make very little that is new, but generally rearrange and adapt what is immemorially old. If we wish to understand their work fully we must studv its sources. As a matter of psychology merely, the work of comparing laws and institutions is very necessary, for the only way to perceive any. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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(Studies in the Civil Law: And I ts Relations to theL aw o...)
Studies in the Civil Law: And I ts Relations to theL aw of England and America was written by William Wirt Howe in 1896. This is a 367 page book, containing 110160 words and 4pictures. Search Inside is enabled for this title. (Typographical errors above are due to OCR software and don't occur in the book.) About the Publisher Forgotten Books is a publisher of historical writings, such as: Philosophy, Classics, Science, Religion, History, Folklore and Mythology. Forgotten Books' Classic Reprint Series utilizes the latest technology to regenerate facsimiles of historically important writings. Careful attention has been made to accurately preserve the original format of each page whilst digitally enhancing the aged text. Read books online for free at www.forgottenbooks.org
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Howe was born on November 24, 1833, at Canandaigua, N. Y. , where for many years his father was principal of Canandaigua Academy. He was descended from John Howe, an early settler in Sudbury, Massachussets. He was the son of Henry and Laura (Merrill) Howe.
At Hamilton College, where he graduated in 1853, he won election to the society of Phi Beta Kappa and was valedictorian of his class. He also studied law in a St. Louis law office.
He settled in New York City and became a member of the bar there. During the early part of the Civil War he was a lieutenant in the 7th Kansas Cavalry and later was adjutant-general on the staff of Gen. A. L. Lee. At the close of the war he settled in New Orleans, where he became judge of the criminal court by military appointment. In 1868 he was appointed a justice of the supreme court of Louisiana by Gov. H. C. Warmoth and served until 1872. He was appointed United States district attorney for the eastern district of Louisiana by President McKinley in 1900, was reappointed by President Roosevelt, and held the position until 1907, when ill health compelled him to resign. At the time of his death he was one of the senior members of the law firm of Howe, Fenner, Spencer & Cocke, of New Orleans, and was counsel for the Texas & Pacific Railroad and several other large interests.
He was one of the most brilliant lawyers in New Orleans and was accepted throughout the country as an authority on the civil code. Upon this and related subjects he delivered lectures at the law schools at St. Louis, the University of Pennsylvania, Yale University, and others, and his "Storr's Lectures" at Yale were published in a volume entitled Studies in the Civil Law (1896). He published many short articles of a legal, political, or historical nature, among which may be mentioned his pamphlet, Municipal Government of New Orleans (1889), written to promote better city government.
Howe was active in the civic and religious life of New Orleans. He was the fourth president of the Louisiana Historical Society, succeeding Charles E. A. Gayarré in 1888 and holding the position until 1894; a member and treasurer of the University of Louisiana (later Tulane University) board of administrators from 1872 to 1877; an incorporator of the New Orleans Art Association, and its first president; and a member of the Chamber of Commerce and the Board of Trade. He was appointed an administrator of Charity Hospital by Gov. F. T. Nicholls, and while holding the position, introduced the system of competitive examinations for resident students. He was also appointed president of the first New Orleans civil-service board, by Mayor Walter C. Flower, in 1897; was one of the incorporators of the Eye, Ear, Nose and Throat Hospital, and a trustee until his death.
He died in New Orleans, and after temporary interment there, his body was taken to Canandaigua, N. Y.
He is remembered as a soldier and jurist, author of the following books: Studies in the Civil Law and Its Relations to the Jurisprudence of England and America: With References to the Law of Our Insular Possessions; Municipal History of New Orleans; Course in Comparative Jurisprudence; The Pasha Papers, Epistles of Mohammed Pasha, Tr. Into Anglo-Amerian, etc.
(Excerpt from Course in Comparative Jurisprudence Uses an...)
(This book was originally published prior to 1923, and rep...)
( This work has been selected by scholars as being cultur...)
(Studies in the Civil Law: And I ts Relations to theL aw o...)
He was an Episcopalian and for many years served as vestryman of Christ Church Cathedral.
He was an original member of the Society for the Prevention of Cruelty to Animals, and its legal advisor; and a member of the American Bar Association, and its president in 1898.
He married Frances A. Gridley, of New York.
