The readers of Blackwood who, month after month, followed with increasing interest the adventures of Titmouse, and the adversity and restoration of the Aubrey family, will excuse us if we apparently diverge from our usual literary course to track the author of "Ten Thousand a-Year" in a work which he has given to the legal profession, or rather to those who meditate entering upon that profession, or who have just set their foot upon the threshold.
Mr Warren's "Introduction to Law Studies" has already received the approbation of the public, testified by the sale of an unusually large edition. This has prompted the author to fresh endeavours to render it worthy of the peculiar place it fills, and of his own name; and he now, "after ten years of additional experience, (eight of them at the bar,)" publishes a second edition, "remodelled, rewritten, and greatly enlarged"—indeed so considerably altered and amplified as to be, in reality, a new work under the old title.
"In the present work," says the preface, "is incorporated one which the author has for some years meditated offering to the public, viz. an elementary and popular outline of the leading doctrines and practice of each of the three great departments of the law, civil, criminal, and ecclesiastical." The work, therefore, now consists of three distinct parts. 1. A general survey of the legal profession—a description of the nature of its several departments, of the various studies, labours, modes of life, of the conveyancer, the special pleader, the common-law and equity barrister, in order to guide the choice of a young man, who probably has hitherto a very confused notion of what, and how many different things, may be implied in the vague expression of "going to the bar." 2. A concise and elementary view of the several branches of the law which fall to the especial study of these several departments of the profession, as equity, the ecclesiastical and common law; and, 3. the recommendation of a course of study, pointing out the best books on each subject, and adding many useful hints to the young student on the discipline of his mind, and the acquirement of general knowledge.
To us it seems that such a work must be of very great utility, and that Mr Warren has given the most complete "beginning book" that was ever put into the hands of a young person seeking, or entering, a profession. It is not a publication which, as far as we know, replaces or competes with any other, but fills up a vacancy, and supplies a want which must have often been painfully felt. How can a young man, ambitious of entering the bar, know the nature of that profession into which he is so anxious to enlist himself? He goes into a court of justice, and sees men in their grotesque but imposing costume haranguing the judge and the jury, and without further thought he resolves that he too will be an orator and haranguer. Or what is more frequently the case, he reads the published speeches of an Erskine or a Curran, accompanied with memoirs of the men, and accounts of their forensic triumphs, and he burns to achieve the like actions, and to wield the same "resistless eloquence." But who is to tell him the nature of that territory, and by what manner of journey it is to be traversed, which lies between him and the gowned orator he is desirous of emulating? He sees the great actor on the stage, or hears of the intoxicating applause which he wins; but who is to conduct him behind the scenes, show him the apprenticeship he has to pass through, the hazards of failure, the impatience and tedium of unemployed energies—"the sad seclusion of unfrequented chambers, or the sadder seclusion of crowded courts?"[14] How invaluable, at such a time, would be some kind good-natured friend, who had passed through the rough experience, who had sufficient remembrance of his own early mistakes and difficulties to comprehend all his bewilderment, and sufficient tolerance to endure being questioned on matters which to him have grown too trite and familiar to seem to need explanation. In Mr Warren's book he will meet with exactly the information he wants; he will find a chart of the profession unrolled before him; he may quietly test his own abilities, or his own courage, to adopt any of the several departments as they are submitted to his inspection. He will obtain all that he could gather from that kind good-natured friend at the bar, whom he has been longing for, and would so willingly seize by the button—nay, far more than he could gather from any one man who had not made the subject one of especial attention, and taken pains himself to collect information from various quarters. Besides, how infinitely agreeable is it, whilst yet a resolution is unripe, whilst yet it is the secret of our bosom, to be able to get our doubts solved, and our questions answered, from the silent pages of a book; to be spared the penance of exposing half-formed designs to the jocular scrutiny of our friends—to be permitted to consult without necessarily making a confidant—to be able to dismiss our thought, if it is destined to be dismissed, without betraying how dear a guest it has been.
The more youthful and less instructed of its readers will find every portion of this work useful to them; especially they will have reason to thank; the author for that facile introduction he has offered them to the study of the law itself. Never has been such a gently inclined plane set up, for weak and unsteady feet, against the hill of legal knowledge. The talent which Mr Warren has for familiar and elementary exposition is something quite peculiar. Nor will they fail to profit by his many practical hints for the discipline of the mind, and his advice as to their general reading. The student more advanced in years and in thought, and who entertains the project of entering the profession at a time when his mind has approached towards maturity, will perceive, and will have the candour to reflect, that much of the work was not written for him. But, on the other hand, he is the very person who will especially value it for that description of practical, familiar, but most necessary information, which it is rare to get from books at all—which to him it is peculiarly disagreeable to be compelled to extract piece-meal from chance conversation with men but half furnished with it, and perhaps impatient of the interrogatories put to them. What are the distinctions between the several species of the lawyer? What sort of an animal is, in reality, the conveyancer, or the special pleader, or the equity draftsman—what are its habits, where its haunts—how is it bred, how nourished—what process is he himself to go through, before he can be recognised as belonging to the class—how best may he set to work, and with least loss of time?—these are matters which he is very curious to know, and to him nothing is more welcome than to find them all explained in the printed page—to find them where he is accustomed to look for every thing, amongst his old friends the books.
Surprise has often been expressed at the fact, that there is no publicly appointed method of legal tuition, no lectures delivered on which it is compulsory to attend, not even any examination to be finally undergone before admittance to the bar. A little acquaintance, however, with the nature of legal studies, will soon dissipate this astonishment. There is but one way in which the law can be mastered; severe, steady, solitary reading, accompanied by the privilege of watching the real practice of the jurist in the chambers of the conveyancer or the special pleader. To one bent on the professional study of the law; lectures would be mere waste of time. To the idler they may bear the appearance, and bring some of the profit, of study; to the conscientious and resolved student, they would be an idleness and a dissipation. Where a subject admits of being oratorically treated, good lectures are extremely valuable; for oratory has its office in tuition, stimulates to reflection, and stirs generous sentiments, and we wish the oratory of the professor's chair were more cultivated amongst us than it is. Nor need we say that where the subject admits or requires the illustration of scientific experiments, lectures are almost indispensable. But in the tangled study of the law, where one must go backwards and forwards, as in a rope-walk, and twist one's own cable out of many threads—of what use can the lecturer possibly be? To teach us law in a fluent discourse, what is it but to have us feed—as the humming-birds are said to do—upon the wing? But even humming-birds feed in no such fashion; they sit down to their supper of rose-water. Much more must a lawyer have his table—his desk—fast before him; and spreading out his various fare, which needs a deal of mastication, feed alternately, and slowly and solemnly, on the several dishes which with ostrich stomach he has to digest.
As to the absence of all examination previous to an admission to the bar, the fact, that not only in our own inns of court, but in all similar institutions, such examinations have been allowed to dwindle into some empty and puerile form, sufficiently demonstrates their inutility. If an examination were appointed, it would be no test of the efficiency of the advocate; no sufficient guarantee to the ingenuous client who should wander into Westminster Hall in search of a lawyer. Not to add that the learned gentleman may have had ample time to forget all his legal knowledge in the interval between his call to the bar and the opening of his first brief. A license, indeed, is given to practise as an advocate, without any other qualification than that of respectability of character, and the payment of certain fees; but the case of no client is confided to the young orator, unless those who have the greatest interest in his competency are satisfied that he can be safely relied on. Men suffer their health to be trifled with by ignorant quacks and ridiculous pretenders—not their money. We need no Sir James Graham's bill in the profession of the law. Besides, it is not the good opinion of an uninformed public which the barrister has to seek or to depend upon. A lawyer, he is judged by lawyers. It is in the estimation of attorneys and solicitors that he must rise—not that of respectable ladies and nervous baronets. They stand between him and that unlearned public to which the physician, on the contrary, at once appeals.
The very circumstance, however, that there is no such public course of instruction marked out, and no prospective examination to be prepared for—that all is to be gained from that silent array of books which fill the long shelves of a legal library or from those chambers of the practitioner which, to those who look at them from without, seem as dark with mystery as they are with dust and smoke—this, we repeat, renders such a guide-book as that which Mr Warren has presented to the public, almost indispensable. In forming a critical estimation of his labours on this publication, it would be extremely unfair to forget, for a moment, the peculiar nature of the work. He is writing for the young. It is an elementary treatise. It is a book peculiarly practical; the very opposite of whatever is theoretical or speculative. If the style is somewhat more diffuse than we should on all occasions approve, we are far from regarding this as a defect here. The work, amongst other advantages, presents really a storehouse of that useful phraseology in which a public speaker should abound, that phraseology which lies between the familiarity of business and the pomp of oratory. And if, as we may perhaps be tempted again to remark, there is something too much of laudation of that profession and of that system of jurisprudence to which he is introducing the young aspirant, this too is a bias to which, in the present work, it would be ungracious to raise an objection. An elementary teacher should not chill and discourage his pupils by criticisms of a cold and censorious character; he should rather exercise his penetration in drawing into light concealed excellences. In this Mr Warren follows the example of the first of all commentators, the most successful of all teachers—Blackstone; who continues to be the most popular of all expounders of the law, even though the system that he expounds has almost deserted him. It seems that the law can be made obsolete, but not the commentary. With a pupil it is a thing understood and agreed upon that he is to learn the system as it now exists; to engage him to do this it were bad policy to decry that system, and expose its faults with a merciless analysis. When the student has mastered it as a lesson, he may then overlook and criticise it with what severity he thinks fit. We will quote a passage which will illustrate at once the lively manner of our writer, and also this happy Blackstonian tendency—the habit of animadverting very gravely on those errors of the law which have been reformed, and remaining still "a little blind" to those which are yet untouched.
"Down to the year 1832, the system of common law pleading and practice supplied the student, during the greater period of his pupilage, with little else than the most degrading and unprofitable drudgery. It presented to his despairing eyes a mass of vile verbiage—a tortuous complexity of detail, which defied the efforts of any but the most creeping ingenuity and industry. There was really every thing to discourage and disgust a liberal and enlightened mind, however well inured to labour by the invigorating discipline of logic and mathematics. The deep and clear waters—so to speak—of legal principle, there always were, and will be, for they are immutable and eternal; but you had to buffet your way to them through "many a mile of foaming filth," that harassed, exhausted and choked the unhappy swimmer long before he could get sight of the offing. Few beside those who had had the equivocal advantage of being early familiarised with such gibberish as "special general imparlance"—"special testatum capias"—"special original"—"testatum pone"—"protestando"—"colour"—"de bene esse," &c. &c. &c. could obtain a glimmering of daily practice, without a serious waste of time and depreciation of the mental faculties. Let the thousands who, under the old system, almost at once adopted and abandoned legal studies, attest the truth of this remark. There was, in short, every thing to discourage a gentleman from entering, to obstruct him in prosecuting, the legal profession. Recently, however, a great change has been effected. There has been a real reform—a practical, searching, comprehensive reform of the common law; a shaking down of innumerable dead leaves and rotten branches; a cutting away of all the shoots of prurient vegetation, which served but to disfigure the tree, and to conceal and injure its fruit. Now you may see, in the common law, a tree noble in its height and figure, sinewy in its branches, green in its foliage, and goodly in its fruit. May it be permitted, however, to express an humble hope, that the gardener will know when to lay aside his knife!"—(P. 20.)
And yet Warren has a knife, too, of his own which he would willingly employ upon some part of this noble tree—either its old or its new branches. It is impossible for even the most indulgent commentator not to perceive that there are in our system of pleading many technicalities, which, so far from being necessary to the administration of justice, have no other operation than to retard, to complicate, to defeat the administration of justice. At p. 738—a very prudent and respectful distance from the quotation we have just made—we find the following admission:—