"The Genius of the Common Law” lish language, on the whole, has had the best of it in competition with rivals. Amid the conflicts and compromises of the common law with the canon law, the law merchant, and equity, there is nocase, I believe, of the common law having lost ground in the presence of another system. There are certainly many where it has gained, and the ques
tion is forced on an inquiring mind, to use the words of a recent ingenious Frenchman: “To what is due the su
periority of the Anglo-Saxons?" The fact that the common law of England has more than held its own with
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Madonna's and the children she wel comes under it are adopted for her very
own. Where the occasion was not ripe for full intimacy, she has been polite in making friends of rivals and possible
adversaries. About the same time as the annexa tion of the law merchant in England was completed, Our Lady began to extend her influence beyond seas in various ways. Only one law, the common law, has ever gone forth into the world beyond
virtues of our race or altogether to the superior justice or convenience of our
the narrow seas under or in company with the British flag. Everywhere our system has made its mark, and often without official confidence. The tendency to imitate English models is strongest in criminal and con
rules. The quality or the common law of England which has enabled it to more
stitutional law, considerable in mercan tile law; while in the private civil law
than hold its own with its rivals is per haps the quality of toughness. The boldest champion could never say in
of property (excluding real estate) and obligations it is less though not negli gible, and in the regions of real estate, the family and succession, it hardly
its rivals is not due to, the intrinsic
our praise that we take any pains to make our ways easy for strangers who have a mind to learn them. The fact remains that the common law shows
assimilative power which to all appear
exists. Indeed, those are not parts of our system which any English lawyer
would recommend for general adoption. Most remarkable is the. success of
ances grows by what it feeds on.
English criminal law, for it would be
There is this great difference, that other laws are special and personal, while
hard to name a British possession where it does not prevail under one form or
the common law is not.
another.
It is the law
not of a class or of a kindred, but of the whole kingdom, and the men who dwell
therein. On the other hand the canon
VII. PERILS OF THE MARKET PLACE
law, to take the case of the greatest
Our Lady the Common Law is not a
rival, is personal though it is universal. Our Lady the Common Law takes, as
professed economist, yet she is not with out certain ideas of economic justice,
a matter of course, whatever other juris
which her servants have endeavored to
dictions have left for whatever reason, and keeps it with very little chance of losing it again. Moreover, being of a
apply with such consistency as they might to the circumstances of different
free hand, she knows how to take as
within the dogmatic lines of any partic ular school. They cannot be invoked as a universal rule of economic policy. There is no doubt that the manner in
well as to give nobly and without false shame, which is a high point of gener osity and something of a divine secret. Her cloak will open as wide as the
periods. Those ideas cannot be confined
which the standard principles have been
