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The Green Bag.

constant facility and certainty to the ever-tangled skein of human affairs, is what constitutes a true lawyer; and hence to acquire that mastery should be the business of every earnest student of the law. Each of these doctrines has arrived at its present state by slow degrees; in other words, it is a growth, extending in many cases through centuries. This growth is to be traced in the main through a series of cases; and much the shortest and best, if not the only way of mastering the doctrine effectually is by studying the cases in which it is embodied. But the cases which are useful and necessary for this purpose at the present day bear an exceedingly small proportion to all that have been reported. The vast majority are useless and worse than use less for any purpose of systematic study. More over, the number of fundamental legal doctrines is much less than is commonly supposed; the many different guises in which the same doctrine is con stantly making its appearance, and the great extent to which legal treatises are a repetition of each other, being the cause of much misapprehension. If these doctrines could be so classified and arranged that each should be found in its proper place, and nowhere else, they would cease to be formidable from their number." These books of cases are the tools with which the student supplies himself as he enters upon his work. Take, for instance, the subject of " Mutual Assent " in con tracts. A score of cases covering a century, contained in about one hundred and fifty pages and selected from the English reports, the decisions of the Supreme Court of the United States, and the highest courts of New York, Pennsylvania, and Massachusetts, arranged in chronological order, show the development of its leading principles. Before coming to the lecture-room, the student, by way of preparation, has studied — he does not merely read — say from two to six cases. In the selection of cases used as a text-book, the head notes appearing in the regular re ports are omitted, and the student, besides mastering the facts, has endeavored for him self to deduce from the decision the principle involved. In the class-room some student is called upon by the professor to state the case, and then follows an examination of the opin

ion of the court, an analysis of the arguments of counsel, a criticism of the reasoning on which the decision is based, a careful dis crimination between what was decided and what is a dictum merely. To use the expres sion of one of the professors, the case is "eviscerated." Other students are either called upon for their opinions or volunteer them, — the professor throughout acting largely as moderator. When the second case is taken up, material for comparison is fur nished; and with each additional authority that is examined, the opportunity for com parison and for generalization grows. When the end of the chapter of cases is reached, the student stands possessed of the principles in their full development. Having attended as it were at their birth, having traced their history from stage to stage, the student has grown with them and in them; the principles have become a part of his flesh and blood; they have pro hac vice created a habit of mind. Like swimming or skating, once acquired, they cannot be forgotten; for they are a part of himself. One objection to this method of study, naturally presents itself : " How can anybody give the time to study the law in this elabo rate manner? Either one must cover only a small field, or a lifetime must be given to the mere preparation for the profession." This objection was anticipated and an answer to it was given by Professor Langdell in the pas sage quoted from the preface to his " Select Cases on Contracts." Undoubtedly the prin ciples of the law are numerous; one might almost say innumerable. It has been said that there are nearly three millions of distinct principles. This may be true; yet the fun damental principles are comparatively few. These only need be acquired; once acquired, they will be found springing up everywhere. They are immediately recognized and located; they are the guide-posts that point the lawyer unerringly to his destination, however numer ous the cross-roads or alluring the by-ways. Besides, the progress through the cases, though at first slow, grows more and more