Footnote on the common law (Re: Aesthetics and Ethics),

Justin Schwartz jkschw at hotmail.com
Fri Mar 1 21:34:15 PST 2002


Pound's Cantos are fairly easy reading if one just relaxes and
>browses in them for a few years. You don't need a pickaxe, as Adams in
>the lines just preceding the above says he needed in order to read law:
>
> Bracton,
> Britten, Fleta on Glanville, must dig with my fingers
> as nobody will lend me or seell me a pick axe.

Well, that stuff is REALLY hard. I may well be the only person on this list who has ever actually wrestled with the early common law, and )alas) I lack Latin enoughto read it, or any law French. But I haveread it in Selden. You have to deal not only with the inherent knottiness of the language, which is written without any attempt at beauty, but with a totally different set of problems and a set of legal rules that are both arcane and fairly alien, dealing mainly wuth real estate problem sin medeival England. Modern law is not nearly so hard, though for someone without legal training, no doubt pretty opaque. Adams at least (quoted or alluded to here) could ask lawyers like Holmes and historians like Maitland what was what.

jks

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