Centralization And the Law : Scientific Legal Education, An Illustration
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In our eReader you can find the full English version of the book. Read Centralization And the Law : Scientific Legal Education, An Illustration Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book Centralization And the Law : Scientific Legal Education, An Illustration
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Be that as it may, it certainly cannot be said that our law of reason is always expounded with sufficient regard to relevant facts. Reasoning of the judges may not be ' in the air ' ; it is generally legitimate reasoning on the facts upon which it professes to pro- ceed. It may be sound in logic ; but the objection is that the judges have shut out inquiry in many cases into the habits or practice of men in the par- ticular situation, and that the inquir)* properly pur- sued would have brought t...o light facts which would have more or less vitiated the reasoning. There is ground for the objection ; it applies particularly to branches of law which have sprung from the custom of merchants, such as the law of negotiable instru- ments, the law of insurance, and the law of partner- ship. Judges reason, in these cases, from common law doctrines of contract, a subject with which negoti- able instruments and insurance particularly are much SCIENTIFIC METHOD IN LAW 183 at variance ; so much so, it should seem, that judges should at once be put upon their guard.
What to read after Centralization And the Law : Scientific Legal Education, An Illustration?
You can find similar books in the "Read Also" column, or choose other free books by Bigelow, Melville Madison, 1846-1921 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Be that as it may, it certainly cannot be said that our law of reason is always expounded with sufficient regard to relevant facts. Reasoning of the judges may not be ' in the air ' ; it is generally legitimate reasoning on the facts upon which it professes to pro- ceed. It may be sound in logic ; but the objection is that the judges have shut out inquiry in many cases into the habits or practice of men in the par- ticular situation, and that the inquir)* properly pur- sued would have brought t...o light facts which would have more or less vitiated the reasoning. There is ground for the objection ; it applies particularly to branches of law which have sprung from the custom of merchants, such as the law of negotiable instru- ments, the law of insurance, and the law of partner- ship. Judges reason, in these cases, from common law doctrines of contract, a subject with which negoti- able instruments and insurance particularly are much SCIENTIFIC METHOD IN LAW 183 at variance ; so much so, it should seem, that judges should at once be put upon their guard.
What to read after Centralization And the Law : Scientific Legal Education, An Illustration?
You can find similar books in the "Read Also" column, or choose other free books by Bigelow, Melville Madison, 1846-1921 to read onlineMoreLess
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