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consequence of the competition of labour and capital), in the smallest degree, the principle of Ricardo is fully avenged. Equality of profits only means, in this argument, that there should be some standard on which our expectations of profit must be based; without it, we need not say that the most matter of fact economist would be utterly distanced by his weekly bills.
Upon Mr. Jones's assertion that rents form an addition to the national wealth, it is clear that there is an ambiguity. The rent itself expresses part of the produce of the country, that balance which is paid to the owner of the land, after the claims of the cultivator are satisfied ; it is not therefore wealth itself, but a form of distribution. The wealth would equally consist if the owner, cultivating his own land, should, beside retaining all that would otherwise have to be paid to him, keep also what would have been claimed by the cultivator.
This morbid distaste of generalization is, we think, the defect of Mr. Jones's work. Mr. Jones's practice is better than his precept; and we often find him, by a fortunate impulse, gliding towards a general truth. We regret, too, that Mr. Jones's antideductive views should have been so hastily endorsed by a name so illustrious as that of the Master of Trinity. Despite such errors, Mr. Jones's works are valuable, and as a master builder rather than as an architect of the science, political economists will long pay a deserved tribute to the memory of Richard Jones.
ART. VIII.-A Manual of the Roman Civil Law, arranged after
the Analysis of Dr. Hallifax. By GEORGE LEAPINGWELL, LL.D., Barrister-at-Law. Cambridge: Deighton, Bell, & Co. London : Bell & Daldy. 1859.
A MANUAL of the Roman law is a natural result of that
increased attention which has been given of late years to the scientific study of jurisprudence, both at the Universities and by the Inns of Court. Farther, of this movement, which at the
Universities and the Inns has proceeded without concert, or even mutual recognition, a work published at Cambridge by a barrister resident there, and holding office in the academic body, naturally suggests to us the University side ; and we may therefore suitably commence our notice by some general remarks on the functions of the old universities in reference to the study of law.
The ancient English theory of superior education, so far as our national practice in this matter rested on theory at all, would appear to have been that up to the age of the student taking his B.A. degree, commonly now about twenty-two, though two generations ago
may have averaged a year earlier, the general culture of the mind was all that needed to be attended to. The classical languages and authors, a larger or smaller portion of mathematics or logic, and, more important than either for the multitude of students, the give and take, and refined commonsense of a gentlemanly world, acquired in a society of equals— these were the armament with which, at twenty-one or twentytwo, the youth was equipped, and expected to cut his way through the thick forest of difficulties which besets the entrance to any special occupation. The sentence which we have just penned would have startled any one who lived when these things were not only so, but were uuquestioned. “What!” he would have said, “ do you throw together in one general description the senior wrangler and the wooden spoon? The man who has profited most by the studies of the university, and him who, if he has profited by them at all, has only done so indirectly, so far as something of their influence must make itself felt in the daily intercourse of the place ?” Yes, for our present purpose we throw them together, because the studies had nothing professional in them, and would only serve to train for a profession through the effect which they might have on the mind and character. Then came the special preparation, to be picked up as the individual pleased, or as hazard directed. If he was to be ordained, he read for his orders such books as were required by the particular examining chaplain of the particular bishop. If he chose the bar, he learned his law, or failed or omitted to learn it,
in the chambers of a practising counsel or pleader. If he went into parliament, or the diplomatic service, his knowledge or his ignorance of political science, of modern history, of international jurisprudence, was what it chanced to be. And parallel to all this, though beyond the sphere of the universities, was the general inefficiency, or even absence, of tests of fitness for medical practice, commissions in the army or navy, and indeed for any sort of employment. It is almost needless to say that on the continent the general part of education was always got over at an earlier age, and the special part relatively more important, and more systematically attended to. But for some time past a very strong reaction has set in, even in England, in favour of special training. We have been taught by bitter experience, that generals are seldom heaven-born; that learned men may preach to empty churches; that empiricism in law and medicine is very different from sound and useful knowledge. In a word-and this remark, though its principles may be far more generally applied, we now frame with especial reference to law-we have found that if you set a man down to commence his learning at an age when to learn solidly already begins to be irksome, and when the success which on the long run attends solid learning cannot be relied on for a stimulus, because the needs which must be supplied will not wait for the effects of a learning which only succeeds upon the long run, then you will make a practitioner under whose hands drafts and statutes will run to an inordinate length, because they will seek to exhaust particulars by enumeration, instead of providing for them by laying down principles; precedents will be heaped up without measure, because they will be used without reason ; the forms of procedure will be filled with pitfalls, because they will be merely technical; and the memory will be the faculty chiefly called into play, because it is that of which the possession depends least on the culture and self-command of the possessor. Under the feelings of these evils special training has been lately instituted in England, or at least greatly extended, for most vocations of life, and tests have been established where none previously existed, or made more stringent where they were not
VOL. VII. NO. XIV.
before unknown, At the same time, though this perhaps forms but the lesser element in the recent educational movement, attempts have been made to render the general part of an English liberal education more really general and liberal, more worthy of an age which has added so much to the range of human knowledge.
Now the particular result of all this which we wish at present to consider, is that a vast amount of new educational work has been created in the country, and that no attempt has been made to apportion it on any principles between the various institutions which have to perform it. We do not mean to say that such an attempt, if made, would have been altogether successful. On occasions like these, plan beforehand as skilfully as you may, experience will defeat much, will modify more. Nor again can the best plans, even when already supported by experience sufficient at least for a presentiment of the effect, force their way rapidly against old habit, or the instinctive grasp with which man seeks to retain possession when he has it. We will illustrate what we mean.
Suppose an old habit of sending youths to the university till they are twenty-two, and therefore a university in possession of its students till that age. One may be satisfied that certain things which Cambridge and Oxford now undertake to do for their students, might be done better for them elsewhere; but can we blame severely the reluctance of alma mater to part with her sons, or can we fail to praise warmly her strenuous effort to do what she can for them while they are with her ? Those who have taken any interest in the recent development of the old universities, well know that such considerations have had a powerful effect. The best arguments to shew that London, and not Cambridge, is the right place for beginning, as well as for pursuing, the study of English law, have been met, and with an undeniable force, by the reply: "the men are here, and we must do something for them.” Nor again must it be forgotten that, as a consequence of the isolated position which in this country local bodies and corporations hold towards each other and the government, Cambridge, if she encouraged her undergraduates to defer
the commencement of their legal studies till they arrived in London, would be trusting to a certain scheme pursued by the inns of court, of the practical working of which few of her resident members can know any thing; and which those inns, receiving so large a proportion of their students from extraacademical sources, would at present be quite unable to frame with reference to any assumed previous university course.
Must, then, our new educational activities remain doomed to a blind chaotic weltering ? or is there no escape from that but to call in the aid of a central authority, to show us our respective places? We need not stay to argue with Englishmen that the latter course would crush out tons of spiritual momentum, for every pound of such inomentum which it would economise by removing obstacles; but we think that by presenting from time to time the considerations which, so far as can yet be predicted, are likely to govern the ultimate solution of the problem, the date may be accelerated when that solution shall be worked out through the self-governing powers of our countrymen. With this object, we will offer to our readers some reflections on the plan which finds favour in certain academical quarters; that, namely, of introducing at the old universities an elementary study of law, by which those who looked forward to its practice may be prepared for grappling in London with the details.
First, then, we would say that no study can really flourish any where, unless it engages a fair proportion of the best talent of the place ; but that this cannot happen with any elementary study of law at Cambridge or Oxford, for the best talent will there always be devoted to those studies which carry the fellowships. The major of this proposition will hardly be disputed. It is the highest students who give the intellectual tone to their competitors, and the energy and attainments of all the rest are in proportion to theirs. This influence, propagated among the fellow-students through the powerful sympathies of youth, and their natural disposition to imitate their leading companions, reaches even the teachers. The professor is languid whose class contains few disciples, or none, of more than average ability; increase the numbers