America colonial period and the early days of the lawyers and judges (not Keban, and non professional)

Here is an excerpt from [America] Daniel Boorstin: "Americans: the development process", 32, the 33 chapter

Thirty-two non professional lawyer
In 1758, when John Adams was a young man, he to the Boston bar association responsible person to ask as a America lawyers should have what kind of education, their response is to Adams's education and his eloquence assessment. "Then Mr. Gridley from lawyers and subject to study, compare British Lawyers Association members and USA Lawyers Association: as a lawyer in the country, must learn the customary law, civil law, natural law, maritime law, must also perform legal adviser, lawyer, lawyer, solicitor, or even a a notary task. Therefore, in this industry in the American is much more difficult than english." The mentor Adams know, in seventeenth Century and eighteenth Century England, the laws of this industry organisation, and the formation of many different levels, this division reflects the legal thought of Britain, also reflects the prejudice in British society.
The top in this industry, is the "big lawyer". They are the legal industry bigwigs, their base is the high court four lawyers college near the old London Law Association, their monopoly of the right to grant in the high court of qualification. The four school -- Lincoln's Inn, the inner temple, Middle Temple and Gray law school "executive committee" from about fifteenth Century have been awarded the qualification of lawyers say, is awarded as a defence counsel appearing for the defence of rights. In sixteenth Century the English Civil War has four lawyer members of the Academy on the square, the formal education they also disrupted. To the end of the eighteenth Century, people even want to also can't be in school a probationary period, in vain slide. The four law school still maintained their monopoly status. However, the four law school gentleman big lawyer may only undertake the social a small part of legal affairs, legal affairs daily should have at least two different people to undertake, is a "lawyer", they have no right to defense in court, but they can represent clients asked the court for trial, they appointed by the court, lawyers have a certain number of each court, they do not have the right to other places to perform the task. Another kind is called "solicitor", legal representative private pure lines, these people are not entitled to defence in court, but also the right to trial proceedings, but they can represent the proceedings after the daily legal affairs. The solicitor is very complex, some people are lawyers, some not, some people still cut a striking figure in the court. With the development of the land owning class and business class, they become a rapidly expanding team. The beginning of the seventeenth Century, one of the solicitor antipathy lawyer complained that, these guys "like Egyptian grasshopper, put everything on the ground on the". They are the notary, notary guild organization, they designed for people of various legal documents drafting cover seal to take effect, they still patent agent, also engaged in some other business.
Only a barrister or "" legal adviser "is a real gentleman, members and is also a way of" industry ". There is a fundamental social boundaries between them and all of the others. In 1614, a British judge instruction writes, "should take counsel with lawyers and solicitors and strict distinction between. The former is the main figure after the judge and the royal court senior lawyer in the implementation of judicial tasks, which is only a minor role in administrative affairs." The solicitor is from the general agent or service personnel when starting, and lawyers are approximate businessmen, because they rely on individual customers to pay the cost of life. The judge is selected from the large contingent of lawyers, they do not like the merchants or craftsmen as the "fees", but the "reward", but both then and now, this is not to follow legal procedures to collect.
The differences of these subtle move across the ocean, transplanted to the USA, which is connected to the British system the most devout worship can't do. Americans for a person engaged in what occupation is the "gentleman", do, which makes the line between all higher "industry" and other industries all fuzzy. Because of USA there is not a court of appeal center, so, those aspiring young lawyers and judges also lack a trainee learn and gain experience. Colonial higher courts scattered in thirteen colonies, each colony had its own laws, the legal content and a slightly different. There was never a "American London", can let the lawyers to consolidate their monopoly status, but perhaps the most important is that such a fact: in a very long period of time, the legal business is not much, can not feed too many experts.
For whatever reason, in short, in the middle of the eighteenth Century, the colonies of lawyer industry is not developed. That bias of ancient British lawyer living in America summer. In the UK, despite occasional anti lawyer turmoil (the first was one four five, years of Jack Cade rebellion, a recent is sixteenth Century civil war), but the lawyer always maintain their power and privilege, four law college, Notary Association and other ancient guild has been their stronghold.American is different. Here, wasn't this kind of monopoly positions, the court established is temporary, loose organization, even judges are generally lack of legal training, ingrained distrust of lawyers.By the late eighteenth Century, with the development of America business, the urgent need for more experienced lawyer industry, but has expressly, legal knowledge of the people in American, may not have the kind of upper class British monopoly.
The new formation of the various colonial ruling group prefer to have these privileges, if the legal industry once established, these privileges may be wrested from them. For example, in Virginia, a landed aristocracy would rather personally handle the most legal business, rather than in the colonial culture new lawyers; in the Massachusetts Bay Colony, the priests the Puritan lawyer prejudice, suppressed be trained with regularity and realized itself lawyer team growth. The earliest regulations the colonial relates to the lawyer ("freedom" by 1641 twenty-sixth) prohibits any person to ask another person to represent him in court fee form; in New York, businessman and land owner is not willing to take any power in their hands to a legal nobility; as for the Pennsylvania, where the Quaker simply do everything possible to avoid legal procedures, please the general ordinary people as their "". Of course, the colonies can survive without a barrister, solicitor or notary public situations, and even thrive, but they cannot do without the law. Along with the increase of the colonial population, more and more prosperous, and business activities become more and more complex, there is some legal specialized occupation person. When the end of the colonial era, the colonies in fact has formed some form of legal profession. And no one is conscious planning such consequences, the colonies in their own ways to meet this need. But the results of each colony is the same, and eventually formed a common feature in the new world. Gaps in the legal theory of the characteristics with the taste of wine's four law school, a gap in the geography of same. Lack of industry organization, and did not have the certificate of the association, led to the development of informal probation training system. The solicitor and Solicitors UK since very early is through some apprentice system training. A 1729 act of Parliament expressly, solicitor or counsel according to the past for terms after five years of apprentice training, can appear in court. However, big lawyer gentleman is full is always persist in one's old ways, as a historian says, those with social status and wealth wealthy people accepted into the legal profession monopoly circle, like the stolen goods stolen, is "no one cares". For those people. Even the general probation rules are not. However, in the colonial USA, although the probation system as Britain's lawyers and solicitors probation rules as regular, the only way which must be passed but to all the legal profession.
Diversity is the law of development of things. To American revolution, legal profession in the new England and middle colonies have been naturally formed loose organization, but is not what angry. In larger colonies, entered the legal profession service power operation in various court hands, the court in accordance with the respective standard absorb some practitioner. In small colonies (such as Rhode Island, Cone de G and Delaware), where the judge and the practitioner is generally acquaintances, such as a court attorney, general also can appear in all of the court. In North Carolina, New York and New Jersey, the royal governor appointed by the nominally appointed lawyers have all the power, but generally speaking, they are appointed matters according to a judge or a court recommended. USA earliest lawyers association is probably sometime before 1748 in New York founded the, but the organization in 1765 after soon disappear from the scene. Massa Chusetts until 1761 there was the first bar association. In eighteenth Century, all these colonial practitioner has higher average resident education, but they are not specialized education, but are often in a colony of University education.
In the south, especially Virginia and South Carolina, rarely on the British system of city, more respected, and more consciously emulate. There, the lawyer appointed under the control of the most senior court hands, although this is sometimes indirectly. The main business lawyer in London's four law school education. About one seven five hundred years later, in four big law school had to be in fashion in one's time be rather baffling winds, before 1815, at about two hundred and thirty-six members America born four college of lawyers, more than half are in these colleges during the one seven five years to 1775. Nearly 1/3 of people in the middle of South Carolina, nearly 1/4 people from Virginia, Maryland man than from Pennsylvania, New York or Massachusetts people. All this and legal conservatism American revolution leaders in the south is consistent; who know more than them of old style British lawyer and rights of the traditional British?
At the time of the American, different climatic conditions, economic conditions, geographical environment and local customs, to create a variety of standards for the legal profession. Because there is no uniform commercial center or the political capital, and makes this diversity further development. There is not a big part of monopoly will. The southern aristocracy to the London School of four lawyers to the legal profession as their headquarters only to fail, they are far away from london.
However, it was the emergence of grading system to a simpler, less snobbery. It is not the industry strictly divided into classes or to specialization, but some informal classification according to law education and experience. In some places, the most senior court can only be better educated and have long-term practical experience of lawyers, who had several times tried to copy the British a classification system (such as early as Virginia, but failed to persistent practice). The young barrister from four law school once dominated the Colonial Court defense work, but independent revolution interrupted its way to study four college of lawyers, and make the classification to die before it is not yet firmly established, even in one eight one, years of Virginia, where the the court also declared, barrister and solicitor's Office "inseparable integration on a person".
In ancient England, legal knowledge and the general public is missed, like a wall to them off. In America, the wall collapsed. The significance of the event greatly exceed the boundary between barristers, solicitors and lawyer disappeared. In American, land is a kind of commodity, rather than inherited, become more and more people are the owner of the land, because they need to, have to learn a little knowledge of the law. When the colonial people master of the British legal knowledge, they hold a license to practice law monopolies also more not trust.
　　The colonial America law, we know very little, one of the reasons is that there are many judges are purely legal layman.These people -- they in colonial nor too prevalent practice for a British didn't care. They USA practices also do not care, these practices in the written records did not reflect. On their own point of view generally will not be reported. We know little about the views of some judges substantive legal issues, because even in the records of the court ruling, but to make such decisions rarely explain reason. Before the end of colonialism, in America all the colonies, not a Colonial Court justices in the majority is held by professional lawyers to be trained with regularity. Even if is the highest court in the Massachusetts Bay Colony -- throughout eighteenth Century, there have been larger organizations better Lawyers Association, which is no other colonies -- a legal person of also very rare, can be counted on one's fingers.From 1692 to the revolution period, Massa Chusetts nine big schools, only three people have received professional legal education -- two people from the London School of four lawyers, another is in the colonial education. Others were priests, doctors, businessmen or received only general education. Twenty-three assessors work during this period, only three formal legal education, others are a priest or layman.Two judges maritime court is a British lawyer that training.As for the Massachusetts General, no one is trained lawyer. The situation is similar in other colonies. Trained and when the judge's lawyer, if any, rarely, everywhere is the door when the judge, it becomes a law.Jefferson recalls, shortly after the mid eighteenth Century, when he was in the local council, court practice, Virginia's attorney general John Randolph has three large this court court decision in one seven three to one seven four between 2010 in case the original files. Although this is Virginia court, but in some of the issues involved in British law, its decision (according to Jefferson's view) "is not of much value, because the court was formed by the members of the Privy Council of the king, these people according to their wealth and position selection from the British gentleman without them, there is no legal knowledge. In the same issue, to compare their decision and the British court similar decisions, not increase the point what, what is reduced, and therefore cannot be quoted. But, according to our specific laws, they made the decision -- regardless of the legal principle is correct or not according to the correct -- has absolute authority."
By British standards, law books colony is too small. John Adams wrote in his autobiography, for legal education in American ", he suffered a lot because of extreme lack of books". Before American revolution, Britain published one hundred and fifty volumes of legal files, which is only about 1/5 in USA widespread use. The smaller percentage of papers and books. Until one seven nine, years to publish the first volume America legal files.
　　By the layman as judge very difficult to promote the defenders, so he became learned lawyer. In fact, with specialized legal knowledge may be a disadvantage, because once the defender revealed he have a large stock of information, will expose the ignorance, causing the jury's suspicion.In Massa Chusetts the governor and Council dispute, John Adams "citing" "Moore report" content, the report was recognized as "is no one read the legal authority in Massa Chusetts". Thomas Hutchinson (he served as chief judge Massa Chusetts for over ten years) although no legal professional training, but the law books he read more than most people sit on the bench. Adams said, even Hutchinson also know nothing at all about this authority, "he try various devices to avoid it, but he only said it was' Lord Kirk contrived justification ', no longer a better excuse to."Colonial extreme opposition to specialization, the spirit of the representative is justice Samuel Livermore. He presided over the New Hampshire courts work at the end of the eighteenth Century, when one of the few who had professional training lawyers complained; "judge Livermore I did not learn the law, but in the court and would not listen to the interpretation of counsel. When West missed a few sections of the book of the law in the defense, the judge asked him why to read these books, 'he said, he and his partners had no ancient books these moldy wormy knows more?'" In a British lawyer, is that the respected the principle of past case, judge Livermore refused to reference a he originally made the opposite decision, what to say "everything should be their own cause." The judge John Dudley (he had farmers and merchants, sit on a bench and Livermore) blame the jury said, "our responsibility is, in between the person and person's common sense to deal with disputes between the parties, not to quote Kirk or Kstone law books on Bligh evasions, I have haven't read these books, never to read them." When Jeremiah Mason learned, proposed a "defense" one one stem is defense in English law one of the most well known practices --; judge Dudley laughed at the foreign way of saying: "without a doubt, this is an invention of law creation, to obstruct justice problem solving."
　　If sometimes the legal knowledge America lawyers to some, less than their British counterparts so, USA those culture layman would know more. Some non professional judges, such as one six nine two to one seven, a year as chief justice Massa Chusetts William. Stoughton and from one seven one eight to 1728, the same level as Samuel Sewell two people are widely read law books, and many contemporary British judge compares favorably.Dr. William Douglas has pointed out, "generally speaking, in our colonies in North America, especially in the new England, people are hooked on the book of the law evasion, an ordinary rural new England people, lawyers almost qualifies as the English countryside."
In the UK, eighteenth Century is the systematic large-scale put on professional knowledge of law in. 1736 publication of Matthew Bacon's "law" section from 1742 to 1753 published Encyclopedia of law of Huayna's famous Charles (twenty-three volumes) published in 1762; the "second law compilation". The great achievements of Huayna's works to help William Blackstone, the first British law professor title in Oxford, Blackstone there gave his famous "Law Review" course. His "British law review" a Book (1765 to 1769) can be said to be the most aspiring, is also the most successful attempt, English law to be clear to understand and easy to learn. Needless to say,Colonial North America could not produce great legal system or encyclopedia. But it does have to disperse hundreds of all kinds, in all parts of the non professional legal characters, quasi lawyer, lawyer and a few false with profound legal knowledge of the people. All the famous legal papers published before 1788 in the North American colonies (about sixty), not a paper is a professional lawyer to write books. On the contrary, they are "officer" pocket book like the booklet, to help the layman engaged in lawyer business.
Edmund Bek in his famous speech with American reconciliation once pointed out, "in the world, I'm afraid no one country (like America popularize legal knowledge so that)...... All the people can read a book and read a book most is people, try to get a tiny bit of knowledge from the science of." He from the monopoly position in the America disintegration of this fact that it has be no trivial matter. significance: such people will not bow to pressure. A common understanding of legal rights (rightly or wrongly) makes the colonial people together. Burke is from a famous bookseller that, by 1775, written by Blackstone "British law review" a book in America sales volume and number of copies sold more in the uk. It is a fact!
Blackstone put the customary law within a system. This is contrary to the spirit of customary law. However, the first time he provides a means to any text, picture a man can master the legal tradition. Blackstone's works are popular for a short time, the end of the eighteenth Century and early nineteenth Century in USA reprinted many times, reflect the legal knowledge America both popularity and shallow. The contribution of Blackstone, America law like Noah: Webster blue speller for popularization America cultural contribution. Anyone have four dependents "British law review", regardless of distance ancient legal industry center, the court or parliament have how far, can become a part-time lawyer. The rising of Americans, for remote areas the people and aim high aspiring politicians, Blackstone is "a treasure". USA historical irony and something pleasant, conservative lawyer a fawn upon the rich and powerful persons; once up to cater for the gentlemen of Oxford young need, later became the Lincoln and that thousands of people like Lincoln. Blackstone the legal thought and legal term popularized in remote areas of the residents, he made a great contribution to create a new world of self-taught leader.

Thirty-three legal and political com
Throughout the colonial period, if strictly in accordance with the British standards, American may also do not have even a have a large stock of information law culture. Americans tend to become a respected law or legal person, and not become a lawyer. They have little practical activities for the prosecution and law of property or other rights transfer legal matters, the court can truly become successfully. However, even the law of scarcity and lack of legal research books, there are some of the benefits of the. Had a chance to get some books, great, sacred classics, read carefully, devote themselves to learning. Jefferson is by Blackton, Kirk and Blackstone, several classic book, obtain legal knowledge (Zheng Ru said his reading notes, he repeatedly reading these books, mastery, into their own things). If his own annihilation in the library of those old legal knowledge be heap, it is possible to master the legal knowledge. For example, Jefferson from Lord Kirk's body, not only see a grumpy legal workers, but also see a tight hold liberal and seek truth from facts attitude, this attitude is: "the true Whig never write what things, never deep drilling orthodox system research of English liberty. At that time, our lawyers are the whig." Jefferson is clearly more like Kirk, not "Blackstone sweet Mansfield doctrine", he considered that this doctrine even among some claim to the Whig young American lawyer has fostered a conservative way drops. Jefferson -- the law rarely based on historical facts of a respected British Anglo Saxon customary law, so that he may be perfectly logical and reasonable simplification of the law, and the legal rights of British to be refurbished.
Modern some thoughtful lawyer pointed out, to participate in the Federal Constitution drafting lawyers are because of the lack of books and be able to play a role in. Judge Miller is one of the most competent judges at the end of the nineteenth Century the Supreme Court, he described, ignorance is one of the main factors to form our country western state law, it is said that he once put forward the following arguments, the first generation of judges "legal knowledge is too small, do not stupid, but the results of doing the right thing".
In the new world, legal problems. For these problems, the British law is without precedent, or the Atlantic this shore not master these precedents. Therefore, American judges only bold speculation have a superficial knowledge of principles, or cleverly to British law slightly contact make only superficial changes be quoted. As of late eighteenth Century, after all this tendency in the Blackstone book "British law review" a book published to further strengthen, this book also make the colony's lawyers to get rid of the dangerous temptation, not organize a law.
In USA legal knowledge to further simplify and popular at the same time, the legal concept itself also has a new meaning, this point in the long term impact of legal thought and political structure of the America. Any of the customary law of things always do, so sure they should be how to do it: it is the actual social respect facts, focus primarily on the social functions, rather than legislation or the completion of a code. Strangely enough, this tendency was strengthened in colonial America. "Legal" (it was learned class monopoly matter) with other known as specific boundary between becomes not obvious.
For Jefferson like Americans, the law seems to like all of society are linked. Jefferson wrote many letters law student of ambition, warning them to strive for basic education, good extensive reading, don't ignore the language, mathematics and natural philosophy. "Once laid the foundation, you can study of law in formal; master interrelated science also contributes to the mastery of the law, the main physics, ethics, religion, natural law, pure literature, review, rhetoric and oratory. And several disciplines is good, versatile can open mind and vision." Universities set up a "legal" curriculum, the purpose is not because of the need of the occupation, but because it with Theology and "philosophy" research is closely related to. The king of the first schedule listing the fourth year study "in religious and secular history at the same time, the main principle of" learning law and system, and the college soon set up special teaching natural law professorship. Jefferson himself was William a Marie college and later University of Virginia curriculum planning, including the close contact with the humanities study legal content. The broad meaning America legal research shows America concept of the industry with the law society historical background far apart, as in the case of the Ezra Stels the headmaster about Lu school established law professor position planning (1777) has been the most abundant exposition:
The establishment of legal position of professor and set up medical professor positions are equally important, the problem is not the cultivation of solicitor or barrister, but to educate citizens. In the institution of higher learning of young gentleman, less than 1/4 of the people chose the theology, law or physics, most of these people in the completion of their studies after the home will participate in social, business or take care of their own manor. But, among them the majority of people, in life may respond to the call of the country into civil affairs departments and government agencies, so be sure, should attach great importance to the training and education, to enable them to master the knowledge, become useful members of society, in order to serve as a Municipal Commissioner, the local magistrate, members of the legislative assembly judges of the courts, Parliament, the confederacy. If a society has a full understanding of the rights and freedoms of their people, how delightful it would be! This knowledge can be widely spread, influence character by environment effects, those non generalist education, training them to adapt to the work of the government. To a great extent, it is because we have such learning and Research Center, in the current severe conflict, USA can have so many talents. These people are capable of formulating new policies or government organizations, the daily tasks of military and political departments and the administrative departments throughout the United States. These people's wisdom and virtue has made Europe greatly, and will benefit our future generations...... It is impossible to enslave one familiar with the law, the rights and freedoms of the citizens of the Republic of china.
　　In later years, when USA legal industry into a more conscious of the stage, people often boasted of "decisive role played by lawyers" in building the national and political aspects. "The fifty-six signatories of the declaration of independence", twenty-five were "lawyer"; "fifty-five members of the Convention in Philadelphia", thirty-one were "lawyer"; in the first session of Congress, twenty-nine senators and sixty-five representatives were ten and seventeen person is "the lawyer". However, with the general understanding of the people on the contrary, it does not mean that this line of specialized knowledge in building up what an important role in the process of our country. USA historical experience and did not cause fear of legal experts or any other experts. All industries American privilege boundary is fuzzy. This is reflected in the changing America: in business, America do generally have legal talents, and the boundary between law and other knowledge is blurred. Jefferson only in the George wythe office trainee too short a period of time, so a self-taught "lawyer" called "lawyer" professional, how could this explain Jefferson what is a person?
Andrew Jackson's experience was typical he explained at the American become a lawyer is how one and the same. Jackson at the age of twenty, with a circuit court as a trainee, laughing traveling in a circle, and worked for a time in the love to eat drink play John Colonel Stokes teach, 1787 by the court declared as "a spotless character and...... Rich...... Legal knowledge ".
In America, professional knowledge of law and outside the walls had collapsed, a strength of the following decades of America political life provides a clue.It is out of the lawyer's distrust, people form a habit of attention law.The reason can be explained by the legal language USA revolution, because the language is for the whole of a text society. The civil war in nineteenth Century and twentieth Century, during Roosevelt period, some of the major issues in the political life of America is expressed in the language of the law (which is the sacred test of "rule of law"), it is because Americans regard as their social development foundation for the growth of the legal structure of noble. To test the political law in this case, there is a kind of rare in the developed countries in the spirit of indulge in self-delusion. In a dream can come true in the world, the society began to according to its actual desire casting their image.