Excerpt from Readings on the History and System of the Common Law
The first edition has been used also by first-year students in law schools who desire a survey of the history of the common law, and some preliminary view of its system. The needs of such students have been taken into account. But those who use the book in this way are recommended to read the first part of Pollock's First Book of Jurisprudence in connection with the first chapter, Jenks's Short History of English Law in connection with the second chapter, the second part of Pollock's First Book of Jurisprudence in connection with the third chapter, Warren's History of the American Bar in connection with the fourth chapter, and Holland's Elements of Jurisprudence or Salmond's Jurisprudence in connection with chapters eight to twelve.
In using such a compilation certain cautions are required. One who uses it should have a teacher or else should read with his eyes open and think critically as he reads. In the first place, the extracts are not always in accord with each other or with the ideas the editor has expressed in the insertions in smaller type. Perhaps it need not be said that choice of extracts proceeding on different theories has often been made deliberately in order to provoke thought and inquiry. Again, the historical material in the extracts from Blackstone and Kent must often be taken with caution and sometimes is valuable only as showing the ideas of legal history which governed legal thinking in a past generation. Moreover, the apocryphal reasons given by Blackstone and his imitators for doctrines which rest on historical grounds only must be scrutinized carefully. Where experience has shown that false impressions are likely to be formed which reading or instruction will not readily remove, notes have been inserted to challenge the attention of the student at once.
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