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Professor James explains the elements of Com
mercial Law, while Miss Michaels states
the
principles at Family Law. Professor Maudsley
elucidates the difficulties of Real Property while
Mr. Hughes treats of Personal Property. Mr.
Draper enunciates the broad principles of Public
International Law, while Mr. Chesterman tries to
solve the intricacies of Private International Law.
Mr. Parker in discussing "Law as a Career", has
some interesting things to say about legal educat
ion.
If an intending law student has fully digested
the contents of the book, he will certainly become
aware of some of the difficulties he will have to
face in his law courses. Strongly recommended.
meaning (1)
the legal precepts applied in the
courts, and (2) the general body of doctrine and
tradition from which these precepts are drawn.
A principle of law is a well established principle
of conduct enforced by the courts. The analysis
of social interests and their relative importance
must
be,
analysed by
lawyers. Resort
to a
philosophy of law in the development of rules and
principles presupposes a knowledge of those rules
and principles. Our philosophy will tell us the
proper function of law in telling us the ends that
law should endeavour to obtain.
These essays are a paramount necessity for those
who wish to widen
their knowledge of
legal
principles.
The Growth of the Law,
BENJAMIN CARDOZO, 8vo.,
pp, xviii, 145, Yale, University Press, 1924.
Following the successful lectures on "The, Nature
of the Judicial Process" which Judge Cardozo
delivered
in Yale University in 1921, he was
subsequently asked to speak on "The Growth of
the Law" and delivered five lectures in December
1923, in Yale.
This is a summary of some of his views. He
stressed "The need of a scientific restatement as
an aid to certainty" and "The ned of a philosophy
of law as an aid to the meaning and genesis of
law". He then treats of 'The growth of law and
the methods of Judging" and finally of "The
function and ends of law".
According to Cardozo, the value of certainty
is that law is futile if it is unknown and unwork
able. Our law needs to be restated because judges
sometimes strive after the sham certainty that
will keep the law consistent within their petty
jurisdiction instead of the genuine certainty that
will kep it consistent with principles as deep and
fundamental as the postulates of justice. The
law's uncertainties and deformities should be
corrected. Certainty should not, however, carry
us to the worship of rigidity; the law should thus
be restated from time to time.
Analysis of the judicial process involves an
analysis of the genesis and growth of law, and
this involves a study of functions and ends. What
are the directive forces to be obeyed, the methods
to be applied, the ends
to be
sought? The
ambiguity of
the term "law"
is deplored as
The Students Guide to Law Libraries,
DEREK J.
WAY, 8vo., pp, 58, London, Oyez publicat-
IONS, 1967, 7s. 6d.
This is an invaluable pamphlet for someone who
has not got the remotest idea of how to deal with
a legal problem facing him in a law library. The
method of citing Statutes and Reports is fully
explained, and the value of Digests is emphasised.
There are useful appendices containing the family
tree of Law Reports, the, list of current law reports,
a select list of precedent books, and student's text
books. Very Strongly Recommended.
NEWS
OF THE MONTH
The speech which Mr. Moran, Minister for
Justice, delivered to the Autumn Seminar of the
Society of Young Solicitors
in Galway on 9
November, 1969, on "The Law of Ireland in the
future", has been published in full in "The Irish
Law Times" of 3, 10, 17 and 24 January, 1970.
Mr. David Goldberg, Barrister-at-Law, has
written
four
interesting articles opposing
the
amalgamation of the two
legal professions in
"The Irish Times" of 21, 22, 23 and 24 January,
1970.
Miss Mary Neylon, M.A., Dip., in Library
Training, Barrister-at-Law, has been appointed
Librarian of the King's Inns Library, Henrietta
Street, Dublin 7, with effect from 1 January, 1970.
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