Page:Harvard Law Review Volume 9.djvu/208

180 I So HARVARD LAW REVIEW, If I am asked to specify more particularly the sort of thing that may come out of the researches to which I have referred, and that has already been produced from the Universities, I am tempted to refer first to a foreign book about one of our English topics, — a book which is a little remote from our every-day questions, but full of value in any deep consideration of the subject, — the admirable History of the Jury by Brunner, professor of law at Berlin, pub- lished in 1872. That is a book of the first class, superseding all others upon the subject; and yet, to the disgrace of the English- speaking race, it has not yet been translated into our language. English and American scholars have supplemented the work of Brunner ; and the material for a true understanding of the history and uses of the jury system, and for a wise judgment.as to continu- ing or modifying the use of it, were never anything like so good as now. Then there is that masterly History of the English Law by two English law professors of our own time, of which I have already spoken. In mentioning this book, it is only just to Professoi Maitland, one of the finest scholars of our time, that I should quote, the remark of his distinguished associate, where he says in the preface that, ''although the book was planned in common and has been revised by both of us, by far the greater share of the execu- tion belongs to Mr. Maitland, both as to the actual writing and as to the detailed research which was constantly required." Of other English work to be credited to the Universities, I have already mentioned the great performances of Blackstone and Maine, and I need only allude to the important works, well known among us, of Dicey, Holland, Markby, and Pollock. Less well known, but masterly in its way is Maitland's editing of that selection from the judicial records of the thirteenth century which is known as Bracton's Note Book, and of other unpublished material brought out by the Selden Society. As to this country, I will not mention names. I need not refer to the famous and familiar books from our University schools of law, by our leaders, living and dead. I will simply say this, that in re- cent times the researches and contributions of our own teachers of the law, at the Universities in various parts of the country, — and I include now not less than seven of these institutions, — have produced most important material, which is already finding its way into the current handbooks of the profession, here and in England, — material which not only illuminates the field of the