Marijuana will be legal some day, because the many law students</p> who now smoke pot will someday become congressmen and legalize it in order to protect themselves. -- Lenny Bruce
The library of King's Inns was founded, pursuant to a bequest of books and legal MSS. under the will of Mr Justice Robinson in 1787, to form the nucleus of a library for law students. It is partly supported from the funds of the benchers, but partly also by a treasury grant in lieu of the copyright privilege. Entry: A
BELL, GEORGE JOSEPH (1770-1843), Scottish jurist, was born at Edinburgh on the 20th of March 1770. He was an elder brother of Sir Charles Bell. At the age of eight he entered the high school, but he received no university education further than attending the lectures of A.F. Tytler, Dugald Stewart and Hume. He became a member of the Faculty of Advocates in 1791, and was one of the earliest and most attached friends of Francis Jeffrey. In 1804 he published a _Treatise on the Law of Bankruptcy_ in Scotland, which he subsequently enlarged and published in 1826 under the title of _Commentaries on the Law of Scotland and on the principles of Mercantile Jurisprudence--_ an institutional work of the very highest excellence, which has had its value acknowledged by such eminent jurists as Joseph Story and James Kent. In 1821 Bell was elected professor of the law of Scotland in the university of Edinburgh; and in 1831 he was appointed to one of the principal clerkships in the supreme court. He was placed at the head of a commission in 1833 to inquire into the Scottish bankruptcy law; and in consequence of the reports of the commissioners, chiefly drawn up by himself, many beneficial alterations were made. He died on the 23rd of September 1843. Bell's smaller treatise, _Principles of the Law of Scotland_, became a standard text-book for law students. The _Illustrations of the Principles_ is also a work of high value. Entry: BELL
The Minnesota Board of Education voted to consider requiring all >students to do some "volunteer work" as a prerequisite to high school graduation. Senator Orrin Hatch said that "capital punishment is our society's recognition of the sanctity of human life." According to the tax bill signed by President Reagan on December 22, 1987, Don Tyson and his sister-in-law Barbara run a "family farm." Their "farm" has 25,000 employees and grosses $1.7 billion a year. But as a "family farm" they get tax breaks that save them $135 million a year. Scott L. Pickard, spokesperson for the Massachusetts Department of Public Works, calls them "ground-mounted confirmatory route markers." You probably call them road signs, but then you don't work in a government agency. It's not "elderly" or "senior citizens" anymore. Now it's "chrono- logically experienced citizens." According to the FAA, the propeller blade didn't break off, it was just a case of "uncontained blade liberation." -- Quarterly Review of Doublespeak (NCTE)
During the reign of Edward III. the Inns of Court and Chancery, based on the collegiate principle, prospered under the supervision and protection of the crown. In 1381 Wat Tyler invaded the Temple, and in the succeeding century (1450) Jack Cade meditated pulling down the Inns of Court and killing the lawyers. It would appear, moreover, that the inmates of the inns were themselves at times disorderly and in conflict with the citizens. Fortescue (c. 1464) describing these societies thus speaks of them: "There belong to the law ten lesser inns, which are called the Inns of Chancery, in each of which there are one hundred students at least, and in some a far greater number, though not constantly residing. After the students have made some progress here they are admitted to the Inns of Court. Of these there are four, in the least frequented of which there are about two hundred students. The discipline is excellent, and the mode of study well adapted for proficiency." This system had probably existed for two centuries before Fortescue wrote, and continued to be enforced down to the time of Sir Thomas More (1498), of Chief Justice Dyer (1537) and of Sir Edward Coke (1571). By the time of Sir Matthew Hale (1629) the custom for law students to be first entered to an Inn of Chancery before being admitted to an Inn of Court had become obsolete, and thenceforth the Inns of Chancery have been abandoned to the attorneys. Stow in his _Survey_ succinctly points out the course of reading enforced at the end of the 16th century. He says that the Inns of Court were replenished partly by students coming from the Inns of Chancery, who went thither from the universities and sometimes immediately from grammar schools; and, having spent some time in studying the first elements of the law, and having performed the exercises called "bolts," "moots" and "putting of cases," they proceeded to be admitted to, and become students in, one of the Inns of Court. Here continuing for the space of seven years or thereabouts, they frequented readings and other learned exercises, whereby, growing ripe in the knowledge of the laws, they were, by the general consent either of the benchers or of the readers, called to the degree of barrister, and so enabled to practise in chambers and at the bar. This ample provision for legal study continued with more or less vigour down to nearly the commencement of the 18th century. A languor similar to that which affected the church and the universities then gradually supervened, until the fulfilment of the merest forms sufficed to confer the dignity of advocate and pleader. This was maintained until about 1845, when steps were taken for reviving and extending the ancient discipline and course of study, bringing them into harmony with modern ideas and requirements. Entry: INNS
"It is proper that we should know where we stand and on whom we may count. If combatants are required, they must be provided. It can do no harm to have something with which to strike. Passers-by always have more chance of being gored when there are bulls on the road than when there are none. Let us, therefore, reckon a little on the herd. How many of us are there? There is no question of postponing this task until to-morrow. Revolutionists should always be hurried; progress has no time to lose. Let us mistrust the unexpected. Let us not be caught unprepared. We must go over all the seams that we have made and see whether they hold fast. This business ought to be concluded to-day. Courfeyrac, you will see the polytechnic students. It is their day to go out. To-day is Wednesday. Feuilly, you will see those of the Glaciere, will you not? Combeferre has promised me to go to Picpus. There is a perfect swarm and an excellent one there. Bahorel will visit the Estrapade. Prouvaire, the masons are growing lukewarm; you will bring us news from the lodge of the Rue de Grenelle-Saint-Honore. Joly will go to Dupuytren's clinical lecture, and feel the pulse of the medical school. Bossuet will take a little turn in the court and talk with the young law licentiates. I will take charge of the Cougourde myself."
Marius liked to arrive by the end of the alley which was furthest from their bench; he walked the whole length of the alley, passed in front of them, then returned to the extremity whence he had come, and began again. This he did five or six times in the course of his promenade, and the promenade was taken five or six times a week, without its having occurred to him or to these people to exchange a greeting. That personage, and that young girl, although they appeared,--and perhaps because they appeared,--to shun all glances, had, naturally, caused some attention on the part of the five or six students who strolled along the Pepiniere from time to time; the studious after their lectures, the others after their game of billiards. Courfeyrac, who was among the last, had observed them several times, but, finding the girl homely, he had speedily and carefully kept out of the way. He had fled, discharging at them a sobriquet, like a Parthian dart. Impressed solely with the child's gown and the old man's hair, he had dubbed the daughter Mademoiselle Lanoire, and the father, Monsieur Leblanc, so that as no one knew them under any other title, this nickname became a law in the default of any other name. The students said: "Ah! Monsieur Leblanc is on his bench." And Marius, like the rest, had found it convenient to call this unknown gentleman Monsieur Leblanc.
Then he went back to his reading, thought no more of his grandnephew, who was merely some Theodule or other, and soon flew into a rage, which almost always happened when he read. The "sheet" which he held, although Royalist, of course, announced for the following day, without any softening phrases, one of these little events which were of daily occurrence at that date in Paris: "That the students of the schools of law and medicine were to assemble on the Place du Pantheon, at midday,--to deliberate." The discussion concerned one of the questions of the moment, the artillery of the National Guard, and a conflict between the Minister of War and "the citizen's militia," on the subject of the cannon parked in the courtyard of the Louvre. The students were to "deliberate" over this. It did not take much more than this to swell M. Gillenormand's rage.
"Before Shrewsbury, and at Shrewsbury, and ever since Shrewsbury," pursued Carton, "you have fallen into your rank, and I have fallen into mine. Even when we were fellow-students in the Student-Quarter of Paris, picking up French, and French law, and other French crumbs that we didn't get much good of, you were always somewhere, and I was always nowhere."
MANN, HORACE (1796-1859), American educationist, was born in Franklin, Massachusetts, on the 4th of May 1796. His childhood and youth were passed in poverty, and his health was early impaired by hard manual labour. His only means for gratifying his eager desire for books was the small library founded in his native town by Benjamin Franklin and consisting principally of histories and treatises on theology. At the age of twenty he was fitted, in six months, for college, and in 1819, graduated with highest honours, from the Brown University at Providence, Rhode Island, having devoted himself so unremittingly to his studies as to weaken further his naturally feeble constitution. He then studied law for a short time at Wrentham, Massachusetts; was tutor in Latin and Greek (1820-1822) and librarian (1821-1823) at Brown University; studied during 1821-1823 in the famous law school conducted by Judge James Gould at Litchfield, Connecticut; and in 1823 was admitted to the Norfolk (Mass.) bar. For fourteen years, first at Dedham, Massachusetts, and after 1833 at Boston, he devoted himself, with great success, to his profession. Meanwhile he served, with conspicuous ability, in the Massachusetts House of Representatives from 1827 to 1833 and in the Massachusetts Senate from 1833 to 1837, for the last two years as president. It was not until he became secretary (1837) of the newly created board of education of Massachusetts, that he began the work which was soon to place him in the foremost rank of American educationists. He held this position till 1848, and worked with a remarkable intensity--holding teachers' conventions, delivering numerous lectures and addresses, carrying on an extensive correspondence, introducing numerous reforms, planning and inaugurating the Massachusetts normal school system, founding and editing _The Common School Journal_ (1838), and preparing a series of _Annual Reports_, which had a wide circulation and are still considered as being "among the best expositions, if, indeed, they are not the very best ones, of the practical benefits of a common school education both to the individual and to the state" (Hinsdale). The practical result of his work was the virtual revolutionizing of the common school system of Massachusetts, and indirectly of the common school systems of other states. In carrying out his work he met with bitter opposition, being attacked particularly by certain school-masters of Boston who strongly disapproved of his pedagogical theories and innovations, and by various religious sectaries, who contended against the exclusion of all sectarian instruction from the schools. He answered these attacks in kind, sometimes perhaps with unnecessary vehemence and rancour, but he never faltered in his work, and, an optimist by nature, a disciple of his friend George Combe (q.v.), and a believer in the indefinite improvability of mankind, he was sustained throughout by his conviction that nothing could so much benefit the race, morally, intellectually and materially, as education. Resigning the secretaryship in 1848, he was elected to the national House of Representatives, as an anti-slavery Whig to succeed John Quincy Adams, and was re-elected in 1849, and, as an independent candidate, in 1850, serving until March 1853. In 1852 he was the candidate of the Free-soilers for the governorship of Massachusetts, but was defeated. In Congress he was one of the ablest opponents of slavery, contending particularly against the Compromise Measures of 1850, but he was never technically an Abolitionist and he disapproved of the Radicalism of Garrison and his followers. From 1853 until his death, on the second of August 1859, he was president of the newly established Antioch College at Yellow Springs, Ohio, where he taught political economy, intellectual and moral philosophy, and natural theology. The college received insufficient financial support and suffered from the attacks of religious sectaries--he himself was charged with insincerity because, previously a Unitarian, he joined the Christian Connexion, by which the college was founded--but he earned the love of his students, and by his many addresses exerted a beneficial influence upon education in the Middle West. Entry: MANN
MARKBY, SIR WILLIAM (1829- ), English jurist, the fourth son of the Rev. William Henry Markby, rector of Duxford St Peter's, was born at Duxford, Cambridge, in 1829. He was educated at Bury St Edmunds and Merton College, Oxford, where he took his degree in 1850. In 1856 he was called to the bar, and in 1865 he became recorder of Buckingham. In 1866 he went to India as judge of the High Court of Calcutta. This post he held for twelve years, and on his retirement was appointed Reader in Indian Law at Oxford. In 1892 he was a member of the Commission to inquire into the administration of justice at Trinidad and Tobago. Besides _Lectures on Indian Law_, he wrote _Elements of Law considered with reference to the General Principles of Jurisprudence_. The latter, being intended in the first place for Indian students, calls attention to many difficulties in the definition and application of legal conceptions which are usually passed over in textbooks, and it ranks as one of the few books on the philosophy of law which are both useful to beginners and profitable to teachers and thinkers. In 1897 appeared _The Indian Evidence Act, with Notes_. Sir William Markby also contributed to the law magazines, articles on _Law and Fact_, _German Jurists and Roman Law_, _Legal Fictions_, &c., several of which are embodied in the later editions of the _Elements_. He was made D.C.L. of Oxford in 1879, and K.C.I.E. in 1889. Entry: MARKBY
FAIRBAIRN, ANDREW MARTIN (1838- ), British Nonconformist divine, was born near Edinburgh on the 4th of November 1838. He was educated at the universities of Edinburgh and Berlin, and at the Evangelical Union Theological Academy in Glasgow. He entered the Congregational ministry and held pastorates at Bathgate, West Lothian and at Aberdeen. From 1877 to 1886 he was principal of Airedale College, Bradford, a post which he gave up to become the first principal of Mansfield College, Oxford. In the transference to Oxford under that name of Spring Hill College, Birmingham, he took a considerable part, and he has exercised influence not only over generations of his own students, but also over a large number of undergraduates in the university generally. He was granted the degree of M.A. by a decree of Convocation, and in 1903 received the honorary degree of doctor of literature. He was also given the degrees of doctor of divinity of Edinburgh and Yale, and doctor of laws of Aberdeen. His activities were not limited to his college work. He delivered the Muir lectures at Edinburgh University (1878-1882), the Gifford lectures at Aberdeen (1892-1894), the Lyman Beecher lectures at Yale (1891-1892), and the Haskell lectures in India (1898-1899). He was a member of the Royal Commission of Secondary Education in 1894-1895, and of the Royal Commission on the Endowments of the Welsh Church in 1906. In 1883 he was chairman of the Congregational Union of England and Wales. He is a prolific writer on theological subjects. He resigned his position at Mansfield College in the spring of 1909. Entry: FAIRBAIRN
_Education._--There is no room to doubt that the literature and learning of China and Korea were transported to Japan in very ancient times, but tradition is the sole authority for current statements that in the 3rd century a Korean immigrant was appointed historiographer to the Imperial court of Japan and another learned man from the same country introduced the Japanese to the treasures of Chinese literature. About the end of the 6th century the Japanese court began to send civilians and religionists direct to China, there to study Confucianism and Buddhism, and among these travellers there were some who passed as much as 25 or 30 years beyond the sea. The knowledge acquired by these students was crystallized into a body of laws and ordinances based on the administrative and legal systems of the Sui dynasty in China, and in the middle of the 7th century the first Japanese school seems to have been established by the emperor Tenchi, followed some 50 years later by the first university. Nara was the site of the latter, and the subjects of study were ethics, law, history and mathematics. Entry: 1890
_Grammar and Lexicography._--Arab tradition ascribes the first grammatical treatment of the language to Abu-l-Aswad ud-Du'ali (latter half of the 7th century), but the certain beginnings of Arabic grammar are found a hundred years later. The Arabs from early times have always been proud of their language, but its systematic study seems to have arisen from contact with Persian and from the respect for the language of the Koran. In Irak the two towns of Basra and Kufa produced two rival schools of philologists. Bagdad soon had one of its own (cf. G. Flügel's _Die grammatischen Schulen der Araber_, Leipzig, 1862). Khalil ibn Ahmad (718-791), an Arab from Oman, of the school of Basra, was the first to enunciate the laws of Arabic metre and the first to write a dictionary. His pupil Sibawaihi (q.v.), a Persian, wrote the grammar known simply as _The Book_, which is generally regarded in the East as authoritative and almost above criticism. Other members of the school of Basra were Abu 'Ubaida (q.v.), Asma'i (q.v.), Mubarrad (q.v.) and Ibn Duraid (q.v.). The school of Kufa claimed to pay more attention to the living language (spoken among the Bedouins) than to written laws of grammar. Among its teachers were Kisa'i, the tutor of Harun al-Rashid's sons, Ibn A'rabi, Ibn as-Sikkit (d. 857) and Ibn ul-Anbari (885-939). In the fourth century of Islam the two schools of Kufa and Basra declined in importance before the increasing power of Bagdad, where Ibn Qutaiba, Ibn Jinni (941-1002) and others carried on the work, but without the former rivalry of the older schools. Persia from the beginning of the 10th century produced some outstanding students of Arabic. Hamadhani (d. 932) wrote a book of synonyms (ed. L. Cheikho, Beirut, 1885). Jauhari (q.v.) wrote his great dictionary the _Sahah_. Tha'alibi (q.v.) and Jurjani (q.v.) were almost contemporary, and a little later came Zamakhshari (q.v.), whose philological works are almost as famous as his commentary on the Koran. The most important dictionaries of Arabic are late in origin. The immense work, _Lisan ul Arab_ (ed. 20 vols, Bulaq, 1883-1889), was compiled by Ibn Manzur (1232-1311), the _Qamus_ by Fairuzabadi, the _Taj ul'Arus_ (ed. 10 vols., Bulaq, 1890), founded on the _Qamus_, by Murtada uz-Zabidi (1732-1790). Entry: A
CALL (from Anglo-Saxon _ceallian_, a common Teutonic word, cf. Dutch _kallen_, to talk or chatter), to speak in a loud voice, and particularly to attract some one's attention by a loud utterance. Hence its use for a visit at a house, where the name of the occupier, to whom the visit was made, was called aloud, in early times, to indicate the presence of the visitor. It is thus transferred to a short stay at a place, but usually with the idea of a specific purpose, as in "port of call," where ships stop in passing. Connected with the idea of summoning by name are such uses as "roll-call" or "call-over," where names are called over and answered by those present; similar uses are the "call to the bar," the summoning at an Inn of Court of those students qualified to practise as barristers, and the "call within the bar" to the appointment of king's counsel. In the first case the "bar" is that which separates the benchers from the rest of the body of members of the Inn, in the other the place in a court of law within which only king's counsel, and formerly serjeants-at-law, are allowed to plead. "Call" is also used with a particular reference to a divine summons, as of the calling of the apostles. It is thus used in nonconformist churches of the invitation to serve as minister a particular congregation or chapel. It is from this sense of a _vocatio_ or summons that the word "calling" is used, not only of the divine vocation, but of a man's ordinary profession, occupation or business. In card games "call" is used, in poker, of the demand that the hand of the highest bettor be exposed or seen, exercised by that player who equals his bet; in whist or bridge, of a certain method of play, the "call" for a suit or for trumps on the part of one partner, to which the other is expected to respond; and in many card games for the naming of a card, irregularly exposed, which is laid face up on the table, and may be thus "called" for, at any point the opponent may choose. Entry: CALL
The legislative reforms carried out under the Third Republic are very numerous. As to public law, it is only possible to mention here those of a really organic character, chief among which are those which safeguard and regulate the exercise of the liberties of the individual. The law of the 30th of June 1881, modified in 1901, established the right of holding meetings. Public meetings, whether for ordinary or electoral purposes, may be held without preliminary authorization; the law of 1881 prescribed a declaration made by a certain number of citizens enjoying full civil and political rights, which is now remitted. The only really restrictive provision is that which does not allow them to be held in the public highway, but only in an enclosed space. But this is made necessary by the customs of France. The law of the 21st of July 1881 on the press is one of the most liberal in the world. By it all offences committed by any kind of publication are submitted to a jury; the punishment for the mere expression of obnoxious opinions is abolished, the only punishment being for slander, libel, defamation, inciting to crime, and in certain cases the publication of false news. The law of the 1st of July 1901 established in France the right of forming associations. It recognizes the legality of all associations strictly so called, the objects of which are not contrary to law or to public order or morality. On condition of a simple declaration to the administrative authority, it grants them a civil status in a wide sense of the term. Religious congregations, on the contrary, which are not authorized by a law, are forbidden by this law. This was not a new principle, but the traditional rule in France both before and after the Revolution, except that under certain governments authorization by decree had sufficed. As a matter of fact the unauthorized congregations had been tolerated for a long time, although on various occasions, and especially in 1881, their partial dissolution had been proclaimed by decrees. The law of 1901 dissolved them all, and made it an offence to belong to such a congregation. The members of unauthorized congregations, and later, in 1904, even those of the authorized congregations, were disqualified from teaching in any kind of establishment. The liberty of primary education was confirmed and reorganized by the law of the 30th of October 1886, which simply deprived the clergy of the privileges granted them by the law of 1850, though the latter remains in force with regard to the liberty of secondary education. A law passed by the National Assembly (July 12, 1875) established the liberty of higher education. It even went beyond this, for it granted to students in private _facultés_ who aspired to state degrees the right of being examined before a board composed partly of private and partly of state professors. The law of the 18th of March 1880 abolished this privilege. Another law, that of the 22nd of March 1882, made primary education obligatory, though allowing parents to send their children either to private schools or to those of the state; the law of the 16th of June 1881 established secular (_laïque_) education in the case of the latter. The Third Republic also organized secondary education for girls in lycées or special colleges (_collèges de fille_). Finally, a law of the 10th of July 1896 dealing with higher education and the faculties of the state reorganized the universities, which form distinct bodies, enjoying a fairly wide autonomy. A law of the 19th of December 1905, abrogating that of the 18th Germinal in the year X., which had sanctioned the Concordat, proclaimed the separation of the church from the state. It is based on the principle of the secular state (_état laïque_) which recognizes no form of religion, though respecting the right of every citizen to worship according to his beliefs, and it aimed at organizing associations of citizens, the object of which was to collect the funds and acquire the property necessary for the maintenance of worship, under the form of _associations cultuelles_, differing in certain respects from the associations sanctioned by the law of the 1st of July 1901, but having a wider scope. It also handed over to these regularly formed associations the property of the ecclesiastical establishments formerly in existence, while taking precautions to ensure their proper application, and allowed the associations the free use of the churches and places of worship belonging to the state, the departments or the communes. If no _association cultuelle_ was founded in a parish, the property of the former _fabrique_ should devolve to the commune. But this law was condemned by the papacy, as contrary to the church hierarchy; and almost nowhere were _associations cultuelles_ formed, except by Protestants and Jews, who complied with the law. After many incidents, but no church having been closed, a new law of the 2nd of January 1907 was enacted. It permits the public exercise of any cult, by means of ordinary associations regulated by the law of the 1st of July 1901, and even of public meetings summoned by individuals. Failing all associations, either _cultuelles_ or others, churches, with their ornaments and furniture, are left to the disposition of the faithful and ministers, for the purpose of exercising the cult; and, on certain conditions, the long use of them can be granted as a free gift to ministers of the cult. Entry: FRENCH