Defects in Modern Acts of Parliament.-Legal Education. 343 of its own clauses may be safely estimated at less that the report of a lay commission might not less than 60. In order to make it a com-throw considerable light on the manufacture of plete measure, the following acts of the present acts of parliament." session would be incorporated with it:-The Towns' Improvement, the Commissioners, the Water Works, the Markets and Fairs, and the Gas Works Clauses Acts, to which the Royal LEGAL EDUCATION. THE HOUSE OF COMMONS. assent has already been given; the Police and REPORT OF THE SELECT COMMITTEE OF the Cemeteries Clauses Bills, portions of the Railways Clauses Consolidation Act, 1845; and, virtually, the whole of the Lands Clauses Consolidation Act, 1845; and various provisions of about half-a-dozen other recent acts. Means for the improvement and extension of A complete act of the present session for the improvement of a town may fairly be taken to consist of (in round numbers) ONE THOUSAND SECTIONS, which, if printed in extenso, like the octavo edition of the Statutes at Large, would make a volume of about 300 pages. Such an Improvement Act would have an interpretation clause of its own, and would embody about The efforts hitherto made in this view, half-a-score more interpretation clauses, in have originated with the universities, and some particulars probably differing from it, and other constituted bodies, or with individuals, conflicting among themselves. If, however, instead of so strong a case as this, we turn to and have reference either to legal educabills for the construction of railways, docks, or tion generally, or to the special education other public works, of which scores are passed suited to professional purposes. Those in without the legislature being conscious of what which the universities may claim a part they are doing, we shall find that very few if have been few and unsuccessful. The any of them consist of less than FIVE HUNDRED University of Oxford, in 1844, made an SECTIONS, with four interpretation clauses. "That laws of this sort should be uncertain attempt to institute an examination for all can create no surprise. That they should persons. occasion no more litigation than they do is the "The Regius Professor of Civil Law was to wonder. That parliament should be besieged testify to the fitness of the candidates intending every session by hundreds of public bodies for to proceed in law, and they were also, preacts to amend their acts, for means to avoid viously to proceeding to the higher degree in lawsuits, is the natural consequence. law, to write upon some given subject for the "Contrast with a modern act the statute 9 professor. This was a very limited measure of Henry 3, c. 6:-" Hæredes maritentur absque reform. It reduced itself simply to this, that disparagatione." Those four words of wretched it substituted for the present practice of waiting Latin are the whole of that statute, which was for a certain period, and reading or being supfor four centuries an important portion of posed to read three lectures (the positive readMagna Charta. ing of these lectures having been disused for "The grand difference between the ancient some time), a single dissertation on any thesis and the modern statutes is, that the one consists which related to the science of the civil law, to of a string of mere propositions, while the other be first approved by the regius professor, then enacted a principle. The honourable member to be read publicly in the school, and afterfor Newark had this difference, we doubt not, wards delivered into his hands. The disserin view when he said that more scope must be tation was not required to be in Latin as at given to magistrates in the interpretation of present, nor was there any other test proposed acts of parliament than they now possess. If beyond the approval of the regius professor. parliament merely enacts a principle, the courts The whole test by which the university promust find means to carry it into effect, as they posed to prove the fitness of the persons for did in former days. If the judges under the either of its law degrees, amounted to no more Tudors and Stuarts could be safely intrusted, than a single dissertation, an obligation imas experience has proved to be the case, so to posed on each candidate to lay it before the interpret and give effect to our ancient statutes university. Those who know what feeble evias to form the foundation of those liberties dence such documents afford of competency which we now enjoy, it cannot be maintained or assiduity, and how unsafe it is to rely, in that, with all our advantages of free discussion such arrangements, upon the accuracy or and their independence of the crown, a similar severity of private examinations, will hardly duty may not with advantage be imposed on consider the intended statute as more than the present bench; and if the Barons of Runnymede could compile statutes which required no amendment for six centuries, there surely has been no such degeneracy of our laymen since their days as to render it hope another form added to what already existed, and very unlikely to produce the wide and substantial results attainable by a really effective legal education. Such as it was, however, it was not permitted to pass; owing apparently 344 Parliamentary Report on Legal Education. to local and temporary circumstances, uncon-¡ ever, does not appear to have been at any time nected with its own merits or demerits, the very general. In addition to lecture and class proposition of the heads of houses was thrown instruction, it was not unusual for the pupils out by a considerable majority of the convo-to attend the courts, and the professors were cation. The measure has not been resumed, in the habit of taking advantage of this cirthough still favourably entertained, it is under-cumstance, and placing before their classes, in stood, by the heads of houses. Its value con- the common law department, the pleadings in sists in the recognition it implies of the necessity cases pending at the time; a practice which of improvement, and in the disposition to meet had the effect of exciting the attention of the it by new arrangements. The other univer- student, who, in many instances, watched with sities have made no advance of a positive a lively interest the progress and issue of such nature beyond the position which has been proceedings. The funds for carrying on the stated they occupy in the commencement of project were for the first year derived from the this report, but there is no reason to suppose fees paid by the classes. During the second there is more unwillingness amongst them than year they proceeded from the same source, and in the University of Oxford to admit such alterations as, without disturbing the other arrangements of the academical course, would satisfy the wants, so generally admitted, of the public." from a grant of 400l. by the benchers of the King's Inn, a like grant of 100 guineas from Lincoln's Inn, and a like grant of 100 guineas from Gray's Inn, together with some small presents, donations, and subscriptions from The first exertions to meet the demands fellows and associates of the society. The of the profession, especially of the barrister, lectures was from two to five guineas, accordoriginal fee required for each of the courses of were met with in Ireland. From time to ing to the nature or extent of the course. time, attempts were made to render the These funds were hardly adequate to the mainsingle Inn of Court there effective as an in- tenance of the institution. After defraying stitution for the communication of legal in-house-rent, 40l. a year, and other incidental struction, but with little or no result. Private energy endeavoured to provide a substitute. expenses, such as publication of reports and papers connected with the society, arising from various causes, little remained for its other objects. The first year a sum only of 1137. "In the year 1839, an institution under the 15s. 6d. was left to remunerate the principal, name of the Dublin Law Institute, for the pur- professors, and secretary, for their services. pose of affording a systematic legal education The smallness of the funds soon compelled to both branches of the profession, was formed retrenchments. The first year, from the by Mr. Tristram Kennedy, and opened in the greater number of pupils in attendance, the following year. It was at first governed by a institute was enabled to publish lectures and council (invited by circular from Mr. Kennedy, reports: the same number not having attended, who acted as principal), composed of the most and consequently the same amount not having eminent members of the Irish bar. The council been received from the classes in the second or framed rules and regulations for the extension third year as in the first, the intention of puband management of the society, and any mem- lishing annual reports was surrendered. This ber of the profession might become either falling off of attendance is not, however, to be fellow or associate of the society, in conformity ascribed to remission of zeal, a greater number to the rules so made. In the second year of entered the first year, as might be expected: its existence, the benchers of the King's Inn the list comprised the students not only of the became connected with it; they took the de- last but of three or four years previous, and signation of fellows of the society, approved of who had hitherto no opportunity of attending the professors who had been teaching in the any similar institution in the country. It is institution the year previous, and accepted and farther to be observed, that the institution was exercised the power of re-constituting in some open to all and not only were solicitors respects the council and the society. The placed in the council, with a view to their society had till then sought a charter of incor- superintending that portion of the education poration, but on the benchers becoming which referred more immediately to their own associated with it, it deemed such con- profession, but additional advantages also were nexion equivalent to any advantages which proposed to be given by admitting articled a charter could confer, and the measures then clerks or apprentices at a lower fee than stuin progress for obtaining it were in conse- dents preparing for the bar. It was intended quence for the time abandoned. The system also, as funds and other circumstances should was carried on; instruction delivered through permit, to enlarge the number and subjects of means of lectures to classes by four professors, the courses, and gradually to add lectures on barristers of standing and distinction, in constitutional law, international law, comdepartments of equity, common law, law mercial law, the laws affecting and regulating of property and conveyancing, and medical the offices of coroner and magistrate, &c. jurisprudence; to which was subsequently These projects, and indeed the general operaadded a chair of criminal law. With each of tions of the society, were interrupted in the those chairs was connected a course of class month of May, 1842: an application was made instruction; the attendance on which, how-to the benchers of the King's Inn for a re Parliamentary Report on Legal Education. 345 newal of their grant of the previous year, that he had been entered five years.' The only ingrant having been to meet the then current ducement to attend, as far as he recollected, year's expenses of the institute; but the ap-was, that instead of being five years on the plication not having received their favourable books, which they now are required to be, consideration, the professors of the institute unless they have the degree of Master of Arts, decided upon discontinuing their courses of they should have the same benefits as if they instruction for the future. In the month of had taken the degree of Master of Arts. The November, 1845, however, it was re-opened, professors chosen are to lecture upon common and the lectures revived by a course in the and criminal law, constitutional law, equity, common law department, delivered by Mr. and the law of real property. None of the Napier, Queen's Counsel. To this course inns of court have recommended that there there was free admission, and the average should be a public examination to qualify. number of persons in attendance was 115 They doubt whether, without the help of the daily. Mr. Napier's course was followed by legislature, they would have the right to do another in the equity department, delivered so; (an opinion from which, however, Lord last term. The original council had not Campbell dissents.) The professors are to be resigned, but the grant from the benchers remunerated partly from fixed salaries, payhaving been altogether withdrawn, the insti- able from the treasuries of their respective tute stands for the present in a precarious inns, and partly by fees, and are to continue situation. their duties for a period of three years. The "It is obvious that the radical defects of details of this plan, as well as those of others, this project are attributable to the restricted and uncertain nature of its operations. Instead of receiving the co-operation and direction on which it originally calculated, from the au- "Though no decision can yet be come to as thorized representatives of the bench and bar, to the expediency or efficiency of these meain the society of the King's Inn, it is at pre- sures, one point is at least certain, that it is an sent deprived of all pecuniary aid from that important step, and that the earnestness with quarter, and whatever countenance it receives, which it has been prosecuted by the inns of is to be considered solely personal and not court is a good evidence of their desire to collective. It is not only a purely voluntary secure for their plan the extension and perassociation, but one which, after the recent manence, so much to be desired in such transactions, is regarded as scarcely sanctioned arrangements. by the bench or higher bar. Designed for "In Ireland similar attempts have not been professional utility, these are formidable ob- made on the part of the King's Inn; on the stacles for the Society to contend with, nor are contrary, the first step which might be conthey likely to be conquered but by a renewal sidered, if not essential, at least of importance. of former friendly relations. A better security, for defining and securing the however, seems to be an incorporation, by authority of the society itself, has been resisted. e functions and charter or act of parliament, and such is the We have already seen that the charter formerly view which appears to be entertained by the granted was soon withdrawn, at the instance society itself." will be more particularly understood by a reference to the original documents, presented by witnesses, and printed in the appendix. of the bar itself, at a meeting of the 'Utter In England, similar efforts, though some- (Outer) Bar,' 24th January, 1793, Mr. Fletcher what more recently, have been made, by that the act of parliament confirming the (the late Judge Fletcher) in the chair, and bodies analogous to the Society of the charter, with the consent of the barristers, was King's Inn, by the Inns of Court; but in- repealed. At present opinions are divided stead of waiting for the formation of a upon the nature and extent of its powers; and voluntary society, or repudiating such this proves, to a certain degree, an obstacle on when formed, they have themselves taken the part of that body, to the originating or the first steps in the same direction, and maintaining an effective system of legal edu applied their own funds, time, and exer- cation." tions to such purposes. The committee then bring under notice "Lord Brougham, who has not been back- the measures taken by the second branch ward in promoting by counsel and co-operation of the profession, the solicitors, to provide these changes, states, It was the opinion of for the educational wants of its members. the delegates from the inns of court, over whom I presided, that each inn should appoint one professor, and that the fifth professor should be appointed by the whole. It was also added that a preference should be given in the calls to the bar to those who had attended, and brought a certificate of their attendance, upon those courses; that one or two courses should be required, and that no person should be allowed to be called to the bar who had not attended those courses, unless "We have already stated, in addition to societies incorporated by charter, such as the Law Incorporated Society of London, there are, in most of the principal towns, voluntary societies for the promotion, by lectures and classes, of the instruction most needed in their several departments. These institutions, besides the advantage of libraries and communication, in some degree also maintain a salutary surveillance, a sort of admitted moral 546 Parliamentary Report on Legal Education. police, over the character of their associates, from the doubtful character and powers of the and of the local professional practitioners. existing society; but though the benchers exBut the articled clerks, who are so directly pressed their general approbation of the views interested in all such arrangements, have of the attorneys, they held they could be scarcely had extended to them as yet the ad- equally attained without going to parliament, vantages which such societies are calculated to and refused to give their sanction to either offer, and have, in consequence, recently made bill. The result was what might have been a formal application to the judges and benchers expected, the bills were read a first time, and for an improved system, more immediately afterwards fell to the ground." bearing on their own peculiar necessities." This application appears the more natural and It is apparent from the foregoing statenecessary, as they cannot be included in the ments that nothing sufficiently appropriate, proposed reform in the inns of court. The systematic, or comprehensive, has up to memorial, as appears from the correspondence this hour been accomplished to meet the laid before your committee, was received with demands, professional or unprofessional, for attention, and is still, it would seem, under legal education. What has been effected derives its chief value from the evidence which it affords of a general disposition to admit the existence of the want, and, as far as circumstances may allow, to provide for it. To this feeling there is no exception, though, of course, it varies considerably in the several bodies. consideration," Something like a similar project, with a much smaller degree of success, has been carried out in Ireland. A society has been established there also, but not having the advantage of incorporation or charter, its objects, as far as education is concerned, have not extended beyond the establishment of a library, and appear principally to the universities, and some of the universities be directed to the maintenance and protection of professional rights. "The inns of court are more zealous than more so than others; but it is in the mode and means by which this disposition may best be rendered operative that all the difference lies; each judging after individual pre-conception or experience, it is only by a dispassionate comparison and consideration of each that the legislature or the public can arrive at a fair decision of what ultimate course should be adopted for all. To this inquiry, to the arrangements which may appear most suited and most practicable, in the different stages, to the different bodies, and different classes for whom they are intended, your committee now proceed to address themselves." The first question which naturally demands consideration is, where and by what means is that elementary education to be provided, which ought to be common to all classes, unprofessional and professional, and form the preliminary studies special to either branch of the profession? "Nor has this example, however limited, been followed in the provinces. Indeed, it could hardly be expected, from the numbers of the profession resident in the country being so much smaller than what is usually the case in England, that even in Cork or Belfast, secondary, or branch law societies, could be easily established. The solicitors of Dublin have not been sensible to these wants, and have made some occasional legislative efforts to meet them. In 1829, they endeavoured to obtain a charter of incorporation, through Mr. Mahony, on a plan not dissimilar to that afterwards accorded to the Incorporated Law Society of London. In 1838 and 1839, the Society of Irish Solicitors caused a bill to be brought into parliament by Mr. O'Connell and Mr. Litton, For the better Regulation of the Profession of Attorney and Solicitor in Ireland,' which, besides determining more distinctly the respective rights of bench and bar, of the King's "In seeking where it can with most proInn Society, and of the two branches of the profession, provided for a better course of in-priety be carried on, we are at once attracted struction, for examinations, and other tests of to the universities and other collegiate estab qualification for the future articled clerk and lishments of the empire. The next question solicitor. In 1839, a second bill, in addition will be, By what arrangements can these to the preceding, was proposed by Mr. O'Con- establishments be made more subservient to nell and Mr. Morgan John O'Connell, For the Incorporation of the Society or Association commonly called and known as the Society of the King's Inn, Dublin, and for enabling the same to make and ordain Orders, Rules and Regulations for the better Government of the Profession of the Law in Ireland," with the view of meeting the inconveniences arising At the Incorporated Law Society, lectures are delivered chiefly for the use of articled clerks. such a purpose? Both questions have been the subject of much inquiry and discussion. "The constitution of our universities, scarcely excepting the University of London, is so contrasted to that of most of the universities of the Continent, that any conclusions drawn from the latter will require great qualification and caution in their application to the former. Our universities are designed, or at least have been applied as instruments for the general education of all classes, rather than as institutions for the special education of the learned Parliamentary Report on Legal Education. 347 The professions. They resemble one great faculty be likely to meet with in execution, apprehend of arts and sciences, or what in foreign uni- it would not be possible to find room for such versities is technically called of philosophy, additional studies in the present under-graduate amongst high schools the highest, rather than course, without deranging, and consequently an aggregate or university of several faculties, neglecting or removing others, in the opinion of co-equal extent and right, such as theology, of many, of still higher importance. It is true, jurisprudence, medicine, &c., each forming a indeed, that the utility of these legal elementary special school for the several professions, studies has not only been recognized by some whilst the faculty of philosophy is left open, as of the Universities, Dublin for instance, but a general school, for the public at large. To place found in the under-graduate course for this characteristic distinction may be added, their prosecution; nor is it a sufficient objecwhat indeed is its natural consequence, a pre- tion to allege that the choice of the text-book ference of the tutorial to the professorial sys- (Burlamaqui), is such as to neutralise this adtem; in other words, of class instruction to mission. If bad, it is easy to be remedied by lectures. In considering, therefore, any new the substitution of a better. The scientific arrangements in our universities, in reference course at Cambridge, and the classical at Oxto legal education, these two peculiarities must ford, have of late years received many addibe clearly kept in view, and, accordingly, from tions, and each is prosecuted with an accuracy want of this, most of the witnesses who have and minuteness certainly unknown to the mabeen examined on this portion of the subject jority of students at former periods. seem much embarrassed by any project which same, in a more remarkable manner, has been appears to countenance too near an approach the case in Dublin; and yet, notwithstanding to the special professional education of the these large accessions and improvements, both Continential universities. On a more careful in matter and manner, they still stand much examination, however, of the question, and behind similar institutions on the Continent. with a more accurate sense of how far such It is scarcely possible that the addition of one elementary education can be carried out con- or two text-books to those used in existing sistently with these distinctives of our uni- courses would so materially interfere with a versity and college system, many of these system which continues in operation for three embarrassments may be avoided or removed." or four years, and yet these text-books, however Two objects should be contended for; elementary, might, if well constructed, contain the kernel of the science, and prove valuable firstly, such amount of general legal know- guides and incentives to the prosecution of the ledge as might be easily attainable by science hereafter. Were this arrangement, every one who in this country is called on however, on due inquiry, to prove impractito fill responsible legislative or administra- cable, the second question would come under tive situations; and, secondly, such further consideration, whether certain portions of the addition to this elementary knowledge as existing course might not advantageously be It is a just might be required by students who, from omitted, to make room for these? view of academical study entertained by one of peculiar circumstances, may desire to push the witnesses, that its chief end is not so much their studies further. The question is, can the acquirement of knowledge as the creating the universities, without inconvenience, and maintaining the habits of acquiring it; nor meet both these demands? is it less true that a few subjects well mastered, With regard to the first, considerable outweigh in real utility many indifferently or difference of opinion prevails. It involves partially attended to. This, however, hardly many considerations: what is to be the that, as an object of mental exercise or useful affects the main question. It does not appear nature and extent of such studies; are acquirement, legal studies are inferior to either they to be obligatory or voluntary; are mathematical or classical, and it is a question they to form additions to or portions of the under-graduate course; how is proficiency to be tested; and in what manner are such changes, if otherwise advisable, likely to affect, whether injuriously or otherwise, the present university courses? solely of time and circumstance, how much and how many of any one of them may be considered as sufficient or superabundant. If one study is to make way for another, it may fairly be debated whether the Justinian Code, as sample both of language and logic, might not supersede with advantage some of the inferior "The studies in question are limited by the classics, or whether the rigid philological crititerm itself to the mere rudiments, the general cism of texts and metres might not with prooutline, the popular history of law, or, more priety give precedence to a general view of the properly speaking, of jurisprudence; and as constitution and laws of our own and other such, it is conceived they would form a natural countries. It may even be doubted whether sequel and exemplification of similar elemen-historical and classical studies might not gain tary studies in mental and moral philosophy. by such exchange; the difficulties which they This view does not appear to be contested, but involve are scarcely to be solved without a those who not only have given it consideration, competent knowledge of the legal and constitheoretically, but have also had the advantage tutional character of the states, whether ancient of examining practically the obstacles it would for modern, to which they refer. If, however, |