IN JURISPRUDENCE AND LEGAL HISTORY BY JOHN W. SALMOND, M.A., LL.B. (LOND.), A BARRISTER OF THE SUPREME COURT OF NEW ZEALAND. LONDON: STEVENS & HAYNES, BELL YARD, TEMPLE BAR. 1891. B HARVARD COLLEGE NOV 7 1923 LIBRARY Substituted for a copy lost (E. H. Hall fund)' JAMES RUSSELL PRINTER CROWN COURT, UNION STREET ABERDEEN. PREFACE. PORTIONS of the essays on the Law of Evidence and the Law of Contract have already appeared in substance in the Law Quarterly Review. The remaining contents are now published for the first time. The neglect of the study of legal history is doubtless due to the feeling that such study is but the digging up of dry bones that cannot live. And, indeed, there is much to justify the opinion. Nevertheless, I am persuaded that, by a discriminating examination of the law that is dead, we may throw much needed light upon the principles of that which is living. I have, therefore, endeavoured to avoid, as far as possible, mere antiquarianism, and to deal with legal history, not so much for the sake of any inherent interest it may possess, as for the sake of the assistance afforded by it to the scientific study of the first principles of law. These essays have been written at the ends of the For the Table of Contents and the Index I am TEMUKA, NEW ZEALAND, July, 1891. J. W. S. |