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44
found in
expression through the jurisprudence. It was dead when Justinian codified it in the Digest. The living law thereafter was "a miserable epitome of epitome s
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The English Bench and Bar are the highest model of such judicature. The Bar fosters the progressive Common Law jurisprudence
The and maintains the integrity and independence of the Bench. judges are always drawn from among the leading members of the Bar. The peculiar feature of the Common Law jurisprudence is its contentious procedure, which consists in the scrutiny of facts alleged and proved in strict observance of the rules of pleading and evidence, as well as the oral arguments of counsel and the eventual delivery of oral judgment by the judge, all continuously proceeding in open court.
The judgment so delivered declares new rules applicable
rules which to each occasion of novel circumstances that may arise; are determined on analogy by drawing upon the stock of traditional principles tested by the disciplined reasoning on the most strict logical process as of the cultivated legal mind from precedent to
not precedent and in harmony with former judicial decisions arrived at by deduction from fixed texts arbitrarily fastened upon the court as if governmental hard and fast rules could ever govern human activity amidst the ever developing conditions of modern life and thought.
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These traditional principles constantly fertilized and nurtured by the actual knowledge and experience of the English Bar, constitute the Common Law jurisprudence which should be accepted as the sole free and elastic system of jurisprudence today.
A sense of justice and fairness constitutes the genius of the English Bar; it is that which reveals itself to its members after their long and arduous study and application at the Bar accompanied as it is by the exercise of their mental and moral powers to the degree called for by the work of their profession.
under it
The English Race thus enjoys the blessings of justice bestowed by the existence of the Common Law Bar:- there exist just and equal laws; an effective method of cultivating practical jurisprudence; supremacy of the law, founded on judicial precedents, and, not least, the integrity and independence of the Bench and Bar permeated by a full sense of justice and fairness.
The sphere of influence wielded by the English Bar is far and wide extending over different civilized portions of the globe, interpreting and standardizing different civil and commercial usages and transactions whether conducted individually or through corporations or other bodies, having to do with banking, insurance, shipping, warehousing, negotiable notes and bills, bonds, shares, debentures, letters of credit, trusts and guarantees, bills of lading, godown warrants, carriers' receipts, policies of insurance, deeds of conveyance and all other legal devices taking shape under the principles of Common Law jurisprudence, and we may add, in an especial degree, those of the modern Chancery practice, which furnishes an example of a highly progressive application of refined juristic principles.
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