488

Parliamentary Report on Legal Education,

REPORT ON LEGAL EDUCATION. rank, from the first minister of state to the

FOREIGN SCHOOLS OF LAW.

lowest employé. It is the leading principle which regulates not only the entire judicial and official organization of the country, but, as HAVING submitted to our readers the must at once be perceived, the whole educastate of Legal Education, or rather the tional system designed as preparation for it. want of it-in this country, as set forth in Hence the three characteristic features of her the Report from the Select Committee of university system are: 1. A high scale of prethe House of Commons, we proceed to ex-paratory study, previous to being even admitted tract the statements and observations of to any of the faculty courses. 2. The immense the Committee with regard to Foreign of subject and labour. 3. The compulsory number of professors, and minute subdivision

Schools of Law :

"The legal student, previous to his being admitted into the university, is required to produce a certificate of his having passed in the gymnasium, or public school, where he has examination, which takes place on leaving it, studied No. 2, or second degree of merit at the usually called the Arbiturienten Examen.

This

character of attendance on lectures and examiThe committee having, as they state, nations, and the reality and stringency given to met with but little assistance from home them by the mode in which both are carried institutions, thought it right to make such out. The object purposed to be attained is inquiries abroad, as by enabling them to thorough and extensive knowledge of theory, judge more correctly of the present state at the period when theory in all sciences is best of Legal Education in other countries, and studied, leaving to after exercise, for which every day's occupation furnishes opportunity, its effects on the profession and population the application and developement of this theory generally, might permit them to suggest in practice. In this view the state sees on one effective means for its greater extension side that the best provision be made for inand improvement in ours. In that view struction, both in quantity and quality, but rethey examined Mr. Moriarty, who from quires in return that the person who applies having graduated in the University of Dub- for it shall be well prepared to receive it, and lin, and having studied at some of the prin- shall be bona fide so occupied, and not by a that when he is occupied in receiving it he cipal universities of Germany, at Heidel- compliance with mere form lose or escape from burgh, Bonn, Berlin, &c. and recently the reality. occupied, for three years, a chair himself in an important institution, the Royal Academy of Trade in Berlin, seemed well qualified, as well from his studies of English as of foreign law, to furnish all necessary information and useful suggestions on the subject. Though specifically bearing on examination, which is intended to test whether the course pursued at the University of he be ripe for entrance and attendance in the Berlin, yet as the German Universities are university, is very extensive and rigorous, fully all constituted and conducted very nearly equal to the examination in the second underon the same principle, his evidence may be graduate year at an English university: it emconsidered as applicable to all. braces a very ample course of classics, and requires proof that the pupil is in a position to "The faculty of law or of jurisprudence is write Latin free at least from all grammatical one of the faculties (generally the second,) of error, &c., &c. The examination immediately every German university without exception. preliminary to entering the university is rather It presents the largest opportunity and means of a cursory nature, the Arbiturienten Examen of legal study to every student who wishes to just mentioned being considered sufficient waravail himself of it, whether unprofessional or ranty for his reception. The legal student then professional. This, it may be alleged, is the continues for three years at the university; but case in some at least of our own institutions, even in Prussia he is not necessarily restricted such as the University of London; but there is to a Prussian university, with the exception of this essential difference between this country one half year, which half year must be devoted and Germany, that no situation in which legal to the study of the Prussian code. His attendknowledge, of whatever description, is consi- ance on the lectures at the several universities, dered requisite is open to any candidate who has not gone through the prescribed course of study fitted to attain that knowledge, and is not provided with a certificate attesting such course, and the having passed through two examinations required in proof of his having mastered the several subjects which such course comprises. This applies not merely to judge, barrister, solicitor, notary, &c., of every grade, to those classes, in fine, which in this country are considered as strictly professional, but to every official in the civil service, of whatever

and his assiduity, must, however, be attested at the close of each half year by a certificate from the professor whose lectures he has attended. The lectures are either compulsory, or of a general nature, which latter being desirable only, but not absolutely necessary, are left to his discretion. The certificate of attendance is required only for the former. The student is not restricted to any particular order of study during the three years; he may commence with any, and, in fact, as many as he pleases, as there is no examination till the end of his

Parliamentary Report on Legal Education.

489

career. The selection is often determined by the different offices to which he may be subsethe university at which he happens to be, or by quently called, one or two hours weekly. These the more or less eminence of the professors courses on Procedure are succeeded by a who occupy the different chairs, but this in no course on the "Landrecht," or the strictly wise exempts from any branch or portion of Prussian Criminal Code, which takes five hours the required course, which continues the same weekly. Then follows a course on "Interin whatever order it may be taken. The national Law," three hours weekly; and for student usually begins with an outline of the euch of the students as intend devoting themscience, or what is termed the "Encyclopædia" selves to Rhenish Jurisprudence and Practice, (Methodologie,) common to all other branches a course or courses on the "Rhenish Civil of study, and though not obligatory, of con- Procedure,' ," "the Constitution of the Rhenish siderable advantage, and intended for the Judicature," and "the Code Napoleon," atstudent's own convenience. The "Naturrecht" tendance on which is required four hours; on (Natural Law, or the Philosophy of Jurispru- the course of the Civil Procedure, and on that dence) then follows. It takes four hours a of the others, probably three, four, or even five week (two hours each day); a peculiarity con- hours a week are indispensable, but yet confined to law lectures, which, treating of subjects sidered scarcely adequate. At the University more involved, and which might suffer by being of Berlin that branch is, of course, badly repretreated piecemeal, demanded this exception sented, a student devoting himself to it would from the general rule of one hour only. These prefer studying it at some Rhenish university, lectures illustrate the abstract principles of at Bonn, for instance. There are thus,, in all, jurisprudence, by frequent reference to the 13 courses of compulsory or obligatory lectures practice of different countries, and are well for the student in law, involving, if confined to calculated to give the student a general idea at one year, 62 lectures of one, or 31 of two hours least of its philosophy. These four lectures a per week; but as he is at liberty to divide the week continue for about half a year, and gene- whole over three years, it may be considered as rally amount to about 100. The next course averaging about 20 lectures of one, or 10 of comprised the "Institutes," or the "History two, per week, or about four hours in conand Antiquities of Roman Law," to which are tinuous legal study per day during the semestre devoted six hours a week for half a year also. or half year; not excessive if applied to such The Institutes are followed by the "Pandects," studies exclusively. But in addition to these a subject considered of great importance in compulsory lectures, there are others of a subGermany, to which there are given not less than sidiary character, provided for such as are de10 hours weekly. The fourth course embraces sirous of taking advantage of them. Several the "Erbrecht," (or the Law of Inheritance,) such courses are given by those who, without requiring three hours weekly. Then follows holding the rank of professor, extraordinary or "the History of the Law of German States" ordinary, or receiving any salary from the and "Forensic History," (or the History of the government or the university, have acquired Laws of Germany, as they have grown up into the "Venia docendi," or privilege of delivering their present form through the different modi- lectures at the university, and of receiving fees fications of time and the various institutions of from the pupils attending them. Many of the country,) and to which are devoted four these lectures are developments of portions of hours weekly. Next succeeds the German the compulsory lectures, synchronous fre"Privatrecht," (or Private Law,) exclusively of quently with them, and in aid of those sections German origin, eight hours weekly. Next which the ordinary lecturer could not extend, "Ecclesiastical Law," a very important object, consistently with the more general character of studied at present very deeply, and the know- his courses, and in justice to the objects of all ledge of which is tested by a very strict exami- his listeners. There are thus three lecturers nation, many of the foundations, charitable and on the course of Privatrecht, two of whom scholastic, being of ecclesiastical origin, and more specially treat of the two great departmany even of the existing principalities having ments, "Lehn" and "Handelsrecht," (or arisen from their having been converted from Feudal and Commercial Law). All these bishops' sees to their present secular form. courses hitherto mentioned, whether compulThis course occupies four hours weekly. The sory or optional, are of a strictly legal character, next is a course on the "Criminal Prozess" and common to all legal students; but there is (or Criminal Procedure) generally of Germany, another class of lectures, to which we shall so much on the principles involving later have to advert, and which, in addition to criminal prosecution as on its mode; that is, the legal, the candidate who wishes to qualify not so much on the matter as the form of the for official employment must also attend. prosecution, to which are given four hours a fact, almost all the subjects of geat importance, week. This is followed by the common not only in this but in all the other faculties, Prussian "Criminal Prozess," (or Criminal have two or more professors treating on the Procedure,) almost exclusively of Roman same subject concurrently. Each course geneorigin, or at leat governed by the principles of rally occupies a semestre or half a year, so as Civil or Roman Law, to which four hours are to admit a very extensive treatment of each given weekly. The next is "Judicial and Legal Practice" generally, which is intended to familiarize the student with the discharge of

not

In

subject; the lectures are given continuously, but do not appear to be preceded or followed by examinations. Lately there has been a wish

490

Parliamentary Report on Legal Education.

expressed by the government that the lecturers willing and able to support him during the should introduce "Disputoria," or the exami- three or four, or as may be more, preparatory nation vivá voce of the student; but this, years previous to his passing his second or final though to a certain degree acted on, has not examination, from which time forth a certain been successful, and has not been hitherto pur-moral responsibility for his future provision sued to any great extent at any of the German devolves upon the state. During this probauniversities. The want of such aids is however tionary year as "Auscultator" he is placed in abundantly supplied by other circumstances in different dapartments of the court, in the the organization of these institutions. The registry, in the accountant or book-keeping subjects are treated not only, as already ob- department, and so on; and he must also, with served, by ordinary, extraordinary, and volun- the assistance of a "Co-Referent," institute tary (or "Privat-Docenten ") lecturers, but also himself, and conduct to an issue, two or three are further elucidated by private instruction. real cases occurring within the jurisdiction of In fact, under the designation of "public," this Gericht, and requiring its decision; but open to the public at large; "private," open he has, in the performance of this duty, the to the university; and "most private," con-assistance of an elder counsellor, who, if he fined to private or chamber-class instruction, shall distinctly disapprove of any part of his the pupil has lectures and teaching of every procedure, is at liberty to reject it, and subdescription in abundance if he thinks proper to stitute his own; a moral guarantee is thus proavail himself of it. It is also to be observed, vided that sufficient care will be taken to teach that the compulsory lectures, especially, are far accuracy, at least, in the proceedings. The from being matters of form; they are diligently whole is then submitted to the decision of the and attentively frequented, though usually court itself, and if the deficiency of the candilasting, as has been observed, for two hours, date or probationer be very manifest, he is, of and are almost invariably taken down in writing course, not permitted to proceed further until by each student; the subjects of which they he shall have made good this. He is, in adtreat being of a nature to require a thorough dition to this, sent to the "Unter-Gericht," or familiarity with each detail, and being of im- inferior court, in order to learn the details of portance to him up to the end of his career." the proceeding in that also; the object of this At the expiration of three years, at any all the details of Prussian procedure. Such is probationary year being to familiarise him with of the universities, the student in law sends the second stage of his legal education: He in his certificate of assiduity and attendance now proceeds to the third. If the cases which to some "Ober Gericht," that is, to some he has conducted, in his capacity of Ausculsuperior law tribunal, with an application tator, be considered creditable, and his intellito be admitted to practise thereat, after gence and diligence, on the whole, be shown having previously submitted to an exami- to the satisfaction of the president of the court, nation as to his legal acquirements. If the become a he is, after a year elapses, at liberty to apply to certificate of attendance and assiduity be plication can be admitted, a second examination Referendarius;" but before his apfound satisfactory, the president of the must take place, of a more searching character as tribunal directs a commission, consisting of regards the peculiarly Prussian forms of protwo examiners, to issue, and then the stu- cedure and law. From that moment, that is, dent is examined with such others as may from the passing of such examination, he is have applied at the same period. considered as being qualified for the discharge "This examination is rather of a superficial order to which he may be hereafter deputed. of any of the legal functions of an inferior character. It is confined almost exclusively to He is, as it were, licensed by the state, though an inquiry into the student's proficiency in the not as yet in the service of the state. He is principles of Roman Law, and to abstract under its control, but still not exclusively in the questions of law in general; such as, for in-employment of the government; he is at liberty stance, the leading principles on which a to conduct the affairs of clients and of persons criminal case should be founded, questions as applying to him, whereas the other class is not; to conferring the right of the administration of their functions are limited not to private pracjustice to one branch of the community in pre- tice, but to such as may be assigned to them ference to another, &c., &c.; in short, to the by the court to which they are respectively atgeneral philosophy of jurisprudence. No very tached. The distinction in the profession is minute inquisition into his knowledge of prac- not, as with us, between the advocate, barrister tical details, particularly of the strictly Prussian or pleader on the one side, and the solicitor or law, is at this stage required; this is reserved attorney on the other, but between the state for his second examination. Should he be servant and the free practitioner, a natural found so far competent, he is then appointed result of their forms of procedure; as the in"Auscultator," or Hearer, and in that capacity quiries are not public, and oral debate is not is received into the tribunal. In this tribunal allowed, the profession does not branch off he must serve for one year at least, and gratui- into the recipient of instructions from the client tously; and in order to insure this, previously (or the solicitor,) and the forensic advocate (or to his admission he must produce a certificate barrister); they are identified and form but one from his parents or guardians that they are body. But there is a marked difference be

Legal Education.-Review: Moseley's Treatise on the Law of County Courts.

491

tween the two classes; the free practitioner is tion examinations, is stringent and compreheneligible only to such situations as "Notary," sive. It ensures a well-grounded knowledge and "Justiz Commissarius," which is the of an extensive course, comprised in five nearest approximation to our solicitor. To classes, from the lowest, which is quite elemenattain this grade, it is necessary, as already ob- tary (children enter at 12 and 13 years of age,) served, to pass an examination at the gymna- to the highest or Tertia. The pupil is required sium; a three years' lecture course in the uni- to possess an intimate acquaintance with the versity; a one year's probationary course as ancient classical authors, such a familiarity Auscultator, and a two years' subsequent pro- with the Latin language as may give him a bationary course as Referendarius, but not to facility of expressing himself with ease and corpass through the searching "state examina-rectness in it; the elements of arithmetic, tion." He, however, who wishes to advance algebra, and geometry, the rudiments of farther, and to become eligible to the service of chemistry, botany, and natural history, a knowthe state, or to official situation, must now pro- ledge of geography and history, but especially ceed to the fourth stage. After having served of the geography and history of his own two years as "Referendarius," and gratuitously, country; a knowledge of modern languages at some superior court, he is now at liberty, but (in the fourth class French, and in the third not before, to apply to pass the "Staats English); the first principles of political Examen," or State Examination. The State economy, the statistics of commerce and trade, Examination is of extraordinary severity; in- together with its history, &c. In no case is deed so severe, that it might not be too much this examination to be dispensed with. The to say that 30 per cent. of those who attempt it, and of those who have been moderately assiduous, fail. This examination can only be passed in Berlin, and before the permanent commission which sits there for this purpose. It embraces the most extensive course not only of law, but also of all branches of information that may be subsequently required in the discharge of the executive duties of government, such as the system of police, and the general principles of all subjects connected with mining, woods and forests, the theory and operations of trade, statistics of population, &c., &c.; in fact, it is coextensive with the "Camerialia," a course which comprises the study of whatever can become legitimately the object of government functions. It is at this stage, therefore, the jurist is at liberty to branch off, and either select what is called "Staat Dienst," or the state administrative career, or to remain simply an advocate or barrister. The course to be followed in the former case will later come under consideration. Should he determine on the latter, on passing this examination, he applies for liberty to act as "Anwalt," in which case he conducts the cases of clients, but without possessing any judicial character beyond the fact that all officers connected with the law in Prussia, and in most of the other states, are regarded as officers of the crown to a certain THIS treatise shows considerable learning degree. But, in addition to the qualifications and research on so much of the common law required for this inferior grade of the profession, as may be applicable to cases coming before the for the higher a much larger body of knowledge New County Courts. is demanded. In other words, for the mere

candidate, without passing it (even though his education had been conducted in private,) cannot obtain the rank of Auscultator, which is the lowest in the legal profession. Next comes the preliminary examination at the university. Thirdly, the examination as Auscultator, to test the candidate's knowledge in the general theory of law, and acquaintance with the principles of Roman law; fourthly, the examination to entitle to the rank of Referendarius, to test his accurate and intimate acquaintance with all the forms of Prussian procedure; and fifthly, the wide and very stringent state examination, to prove his knowledge in every branch of science which may be connected with legal or administrative functions.

[To be continued in our next No.]

NOTICES OF NEW BOOKS.

A Treatise on the Law of the New County Courts, compiled from the Statute of the 9 & 10 Vict. c. 95, and the Common Law applicable thereto. By JOSEPH MOSELEY, Esq., Barrister-at-Law. Part II. London: Stevens & Norton, 1847. Pp. 435, clxiv.

There are various edi

admission to the bar in Germany, in addition tions of the Small Debts Act, with useful notes to the four years at the Gymnasium, three years' and criticisms; but Mr. Moseley has not limited university course, five examinations, and three his labours to mere annotations on the act: he years' practice and exercise, all legal, are has enlarged his view to the rules and princiessential. To appreciate this fully, it is not to

be measured by our ordinary English estimate. ples of law, as they may be, or ought to be, adThe first or preliminary examination on leaving ministered in these courts. the Gymnasium, is intended to discover whether

We apprehend, however, that much of this the skill and knowledge of the candidate war-learning and research will be thrown away. rant his entering the university, or whether it

would not be more advisable that he should The cases wherein Mr. Moseley's book will be enter on some commercial or other pursuit. practically useful, must necessarily, we fear, be This test, so far from being like our matricula-"few and far between." The plaints are to be

492

Review.-Progress of Societies of Attorneys and Solicitors.

decided in a summary way, and for the most Protective," and in fact it was evidently the part will be disposed of with small regard to ambition of its founders to establish a new and

legal form or ceremony.

Nevertheless, Mr. Moseley is entitled to the thanks of those who may practise in these courts. Here they will find collected in a convenient space whatever they may require in the management of the cases in which the principles and practice of the Superior Courts may be brought to bear in the administration of justice in the County Courts.

independent, if not a rival, association. During the first year, a few hundred subscribers enrolled their names, but most of them soon fell off, and the Legal Protective ceased to exist.

Looking over the list of the committee of management of the new association, we find it composed entirely of members selected from the several existing societies in town and country. There seems, therefore, to be no doubt that it has been sanctioned by, and is

The work is well arranged-treating of 1st. Jurisdiction. 2nd. Plaints. 3rd. Pro- proceeding with the friendly concurrence of, cess. 4th. Trial. 5th. Execution. 6th. Com- the other law societies. There is, therefore, mitments. 7th. Recovery of Possession. 8th. Replevins. To which are added, the Rules of good ground for trusting that both the ends to Practice and Forms for the County Courts; and be attained, and the means of securing them, the Orders in Council, Division of Counties, will be well considered and judiciously pursued. Districts, and Court Towns.

Mr. Moseley, on ushering in this Second Part of his work, after apologizing for the long delay that has occurred in its appearance, ob

serves:

Some years ago, there were three metropolitan law societies :-the old Law Society, instituted in 1739, of which the late Mr. Kaye was Prolocutor, and Mr. Flexney, Secretary;-the Metropolitan Law Society, instituted in 1819, That he has kept closely to the plan adopted of which Mr. Leake, M. P., was President, and in the First Part. From the decisions that have Mr. Anderton, Secretary ;-and the Northern been already given by the learned judges of the New County Courts, he conceives that the Agents' Society, of which Mr. Charles Clarke, main feature in the plan which he has adopted of the firm of Clarke, Richards, and Medcalf, namely, "the application, except where it is was Secretary. The two former societies had forbidden or is inconsistent, of the general precisely the same objects in view: the proprinciples and practice of the common law to motion of fair and honourable practice, and the the jurisdiction, process, and other proceedings of the New County Courts, as prescribed by maintenance of the just interests of the profesthe statute, and rules made in pursuance there- sion. The latter had a similar design, but was of, is the proper and lawful method of adminis- limited to the London agency houses. Then tering justice therein, and the only safe mode of there were about thirty or forty law societies, insuring a sound and uniform course of law and practice." and a few law libraries, in different parts of the country, also composed of attorneys and solici tors. None of these societies appear to have exceeded 300 subscribers,—a very small number compared with the general body,-not, in the whole, forming one-tenth of the profession. Then came the Incorporated Law Society, com

We earnestly hope that "sound and uniform law and practice" will ultimately be attained. Mr. Moseley's book has the merit of assisting in this object "so devoutly to be

wished."

PROGRESS OF SOCIETIES OF AT- prising the attorneys, solicitors, and proctors of

TORNEYS AND SOLICITORS.

Great Britain and Ireland. At present it numbers upwards of 1,100 London, and nearly 300 country, members, with a few in Ireland and Scotland.

We mention these facts for the information of those who have favoured us with some re marks and suggestions on the constitution and objects of the new association, and are glad that we are enabled from time to time to put our readers in possession of all the circumstances which bear on the subject.

IN reference to the Metropolitan and Provincial Law Association, we have been reminded that a few years ago a similar society was projected by a few London solicitors, under the name of "The Legal Protective Association," and which afterwards sought to associate with it some of the country solicitors, and then took the title of "The Metropolitan and Provincial Legal Association." It does not appear that the existing societies in town or With the exception of the Incorporated Law country were consulted on the plan, or their Society, the New Association seems to have leading members invited to join "The Legal been founded upon a more extensive plan than