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THE LAW CHANGES AS THE TIMES CHANGE
THE FIELD OF STUDY NOT SO EXTENSIVE AS IT APPEARS
The Books of Statutes and the Books of Reported CasES .
THE LAWYER'S OTHER TOOLS OF TRADE
.
THE DISTINCTION AND Likeness between a Code and a StatUTE
THE PRESENT RELATIONS OF STATUTES AND CASES
HOW THE CODE QUESTION ARISES..
EXPLANATION OF THE TWO SUCCEEDING CHAPTERS
GENERAL REMARKS ON THE QUESTION PRESENTED
CHAPTER V
THE ENGLISH LAW AS IT IS
PAGE
90
92
94
96
97
98
100
TITLE I. -CONCRETE EXAMPLES OF STATUTES.
103
Exhibit A.-The Statute of Frauds
Note to Exhibit A. The Statute of Frauds. Distinc-
tions between Statutes and Cases.
Exhibit D.- The Diamond Match Co., Respondent, vs. Will-
iam Roeber, Appellant.
Note to Exhibit D.-The Diamond Match Company Case.
TITLE III.-CONCRETE EXAMPLE OF A TEXT-BOOK
122
126
Exhibit E.-Extract from Pollock on Contracts
TITLE IV. -CONCRETE EXAMPLES OF DIGESTS.
Exhibit F.-Sample of an Old Digest, including Digest of
Mitchell vs. Reynolds
Note to Exhibit F.· An Old Digest
Exhibit G. Sample of a New York Digest, including Digest
· Sample of an Annual Digest — The General Di-
-
TITLE V.-SUMMARY STATEMENT OF THE PRINCIPLES OF THE
COMMON LAW OF CONTRACTS IN RESTRAINT OF
TRADE.
TITLE VI. THE RELATIVE PROVINCES OF STATUTE AND CASE
LAW AS THEY EXIST IN THE COMMON LAW
Exhibit K.-The Statute Law. Table of Contents of the
New York Revised Statutes.
Exhibit L.-The Case Law. Table of Contents of Kent's
Commentaries and of Bispham's Equity
159
163
165
170
THE PROVISIONS OF THE FRENCH CIVIL CODE AS TO ILLEGAL
CONTRACTS, INCLUDING CONTRACTS IN RESTRAINT OF Trade
Note to Exhibit M.- The French Civil Code
Exhibit N.-The Proposed Civil Code of New York
THE PROVISIONS OF THE FIELD CIVIL CODE AS TO UNLAWFUL
CONTRACTS, INCLUDING CONTRACTS IN RESTRAINT OF TRADE.
178
179
180
186
188
189
Note to Exhibit N. - The Field Civil Code
GENERAL DISCUSSION OF THE PROVISIONS OF THE FIELD CIVIL
CODE AS TO UNLAWFUL CONTRACTS
PARTICULAR DISCUSSION OF THE PROVISIONS OF THE FIELD
CIVIL CODE AS TO UNLAWFUL CONTRACTS
PARTICULAR DISCUSSION OF THE PROVISIONS OF THE Field
CIVIL CODE AS TO CONTRACTS IN RESTRAINT OF TRADE
THE ANGLO-INDIAN CODES
CHAPTER VII
ALL THE LAW IS WRITTEN - THE LIKENESS AND
UNLIKENESS
TITLE I. THE TRUE DISTINCTION LIES IN A DIFFERENCE BE-
TWEEN THE RULES OF CONSTRUCTION APPLIED TO STATUTES
AND REPORTS
222
TITLE II. THE DIFFERENCE IS INTRINSIC, NOT ACCIDENTAL
SUMMARY
NO CODE YET WRITTEN SUITS THE SCIENTIFIC CODIFIERS
FIELD'S CALIFORNIA CIVIL CODE .
263
264
266
267
FIRST. THE ALLEGED UNION OF LAW AND EQUITY
SECOND. THE ALLEGED SIMPLIFICATION OF THE PLEADINGS
THE SAME REFORMS BEtter effectED BY RULES OF COURT
THE FAILURE OF THE FIELD CODE OF CIVIL PROCEDURE
ONE OF MR. FIELD'S ARGUMENTS IN FAVOR OF A CODE
THE BURDEN ON THE CODIFIER
THE DIVERGENT VIEWS OF CODIFIERS AS TO WHAT A CODE
272
275
278
AUSTIN ON THE FRENCH AND PRUSSIAN CODES
SCHUSTER ON THE FRENCH AND PRUSSIAN CODES.
FOWLER'S VIEW
THE QUESTION OF ILLUSTRATIVE CASES
292
294
296
THE QUESTION OF MAXIMS AND GENERAL RULES.
THE QUESTION OF FURTHER Growth
297
THE COMMON LAW A FIXED QUANTITY-EASILY CRITICISED
THE CODE PANACEA
304
306
THE CODE AN UNKNOWN QUANTITY-A SHIFTING CONCEPTION
THE USUAL ARGUMENTS FOR AND AGAINST CODIFICATION
THE ARGUMENTS AGAINST CODIFICATION AS STATED BY PROFESSOR
AMOS
THE ARGUMENTS IN FAVOR OF CODIFICATION AS STATED BY PRO-
FESSOR AMOS
HOLLAND'S STATEMENT OF THE ARGUMENT
320
FIELD'S STATEMENT OF THE ARGUMENT
327
THE NEW YORK CODE COMMISSIONERS' STATEMENT OF THE ARGU-
CHAPTER IX
THE PRACTICAL ARGUMENT
THE DIFFICULTY IN CODIFYING ARISING OUT OF THE Inevitable
GROWTH OF THE LAW
THE DIFFICULTY ARISING OUT of the Differences IN THE CHARAC-
TER, ABILITY AND SPRINGS OF ACTION OF THE AUTHORS OF
CODE AND CASE LAW
334
341
346
THE OBJECTION THAT SOME RULES OF LAW ARE PROPERLY EX-
THE DISTINCTION BETWEEN THE CIVIL AND THE CRIMINAL LAW
AS TO CODIFICATION
360
381
382
384
388
THE LAWS OF MAN AND LAWS OF NATURE-THEIR LIKENESS
AND UNLIKENESS
THE DISTINCTION BETWEEN LAWS OF MAN AND LAWS OF NATURE
THE LIKENESS BETWEEN LAWS OF MAN AND LAWS OF NATURE.
THE AMBIGUITY IN THE EXPRESSION "LAWS OF NATURE"
THE TRUE ANALOGY BETWEEN LAWS OF MAN AND LAWS OF
NATURE
THE OBJECtion founded on the Freedom of the Will.
THE INEXORable Uniformity of NatuRE