Fellows Of The British Academy

"“the real world is the Community of Interpretation… If the interpretation is a reality, and if it truly interprets the whole of reality, then the community reaches its goal [i.e., a complete representation of Being], and the real world includes its own interpreter”"

"Error is not a mere accident of an untrained intellect, but a necessary stage or feature or moment of the expression of the truth."

"Is it surprising that modern English land law should resemble a chaos rather than a system?"

"Perhaps the most interesting and useful short account of early institutions is to be found in Mr. Edward Jenks's The State and the Nation. The book is divided into three parts, dealing respectively with primitive institutions, patriarchal institutions, and political society. The whole treatment is admirably lucid and balanced."

"With historical as well as legal talent Jenks was a notable researcher into the English Civil War, although his most provocative essay, in the Independent Review 1904-05, challenged the interpretation of Magna Carta. He was elected a fellow of the in 1930 and received many other academic honours."

"Thus, at long last, as a visible emblem of unity was daily growing in the new Palace of Justice then being erected in the Strand, half way between the historic site of Westminster the historic centre of the commercial capital of the world, there began to grow up, in the minds of reformers, the vision of a great and united Supreme Court of Justice, with uniform principles, uniform law, and uniform procedure."

"Perhaps the best testimony to the effectiveness of the reforms of 1852 is the fact, that men of a slightly later generation, familiar with the working of the courts half a century after, find it difficult to believe that such abuses as are plainly described by the legislation of that year, should really have existed in the middle of the nineteenth century."

"It may be that the requirement of a preliminary approval by the Grand Jury, of all accusations of a serious nature, justified the boast that a man was presumed to be innocent until he was 'found' guilty; but that presumption certainly ceased to have practical application, so soon as the Grand Jury had returned a 'true bill'."

"In the year 1871, Mr. Gladstone's Government introduced and passed the first Trade Union Act, by far the most important victory, up to that time achieved by the champions of labour organizations."

"The practice of creating chartered joint-stock companies of a modern type seems to have begun at the commencement of the seventeenth century; and the formation of the East India Company is one of the earliest, if not the very earliest, examples. At first, it appears, the 'joint stock' of the company was separately made up for each ship; perhaps for each voyage. But, in the year 1612 the Company made the momentous resolve to have one joint stock for the whole of its affairs, and thus inaugurated a new epoch. The East India Company, or Companies, (for there were two of them), were followed by the Hudson's Bay Company (1670), the existence of which was recognized by statute in 1707, and by the Bank of England and the notorious South Sea Company."

"It was natural that the direct wielders of the royal prerogative, men who sat in the Star Chamber and the Privy Council, who knew the secrets of the State and the necessity for prompt action, should despise the merely declaratory character of a good deal of Common Law process. To them we doubtless owe those four great pillars of Chancery jurisdiction, the injunction, the decree, the sequestration, and the commission of rebellion."

"The process of specialization tends, almost inevitably, to narrow the sources from which the rules of any science are drawn; and English law is no exception from this rule."

"The 'Little' or 'Barebones' Parliament, summoned by Oliver Cromwell to meet at Westminster on 4th July, 1653, after the dissolution of the remains of the Long Parliament, may have been an unpractical body, so far as the task of administration in troublous times was concerned. But it seems quite possible that the wealth of contumely and scorn which has been poured upon it was, originally, due quite as much to the fierce anger of vested interests against outspoken criticism, as to any real vagueness or want of practical wisdom in the plans of the House itself."

"The progress of the nation in wealth and refinement, however, naturally brought with it an increase in the number of crimes, as the old definition of offences became inadequate."

"We regard an action of Contract as an action to prevent or compensate for a breach of a promise; an action of Tort as an action to to punish or compensate for a wrong, such as assault or defamation, which has not any necessary connection with a promise."

"First in point of time and interest comes the mortgage debt, i.e. the claim for the return of money lent on the security of some tangible object. Such claims are among the earliest fruits of a commercial civilization, and are nearly always affected the same way, viz. by the deposit or pledge of the security with the creditor, to be redeemed or returned on the payment of the debt."

"Thus the period we are studying is remarkable for achieving, not merely the right of free alienation of land, but also the right of alienation by secret conveyance. The latter achievement we may sometimes regret; but it was, probably, necessary for the complete emancipation of land from its its ancient tribal and feudal bonds."

"But then a daring evasion by a leading conveyancer, known as the Lease and Release, received judicial sanction; and commenced a successful career of more than 200 years. The Lease and Release, attributed to Serjeant Moore, was based on the fact that the Statute of Inrolments did not apply to terms of years."

"The feudal warranty is, doubtless derived from the ancient duty of the feudal lord to protect his liege man 'with fire and sword against all deadly'. It was of the essence of the feudal bond, that the vassal should be under his lord's protection."

"A statute of 1344 shows some weakness; but the statute of 1391 is memorable, not merely as being the Mortmain Code of three centuries, but as extending the rule of mortmain to all bodies, religious and secular alike, having perpetual succession. For this extension marks the definite recognition by English Law of the corporation, or, as it is sometimes called, the 'fictitious person' - the legal personality which is not restricted to the limits of individual life. The gradual evolution of this institution is one of the most fascinating chapters in legal history..."

"The fate of the Statute of Uses is one of the most curious in legal history. Its secret and unavowed purpose, of securing the estates of the monasteries for the Crown, it accomplished. Its ostensible purpose, fortified by a wealth of hypocritical justification, it entirely failed to achieve. Not only were devises of lands, after a brief interval, put on a legal footing; but, as is well known, uses of lands as distinguished from legal estates, soon re-appeared in full vigour. Whilst in unforeseen directions, that statute worked havoc in the medieval system of conveyancing; and gradually modernized it out of existence."

"The popularity of the famous device of the use of lands into England is said to be largely due to the mendicant friars of the then new Orders of St. Dominic and St. Francis, who, arriving in this country, in the first half of the thirteenth century, found themselves hampered by their own vows of poverty, no less than by the growing feeling against Mortmain in acquiring the provision of land absolutely necessary for their rapidly developing work."

"But we remember that it was just precisely in the reign of Richard II that the Peasants' War, following upon the changes wrought by the visitations of the Great Plague, virtually destroyed serfdom as a personal status."

"It is the glory of English Law, that its roots are sunk deep into the soil of national history; that it is the slow product of the age long growth of the national life."

"It was not long before English Law took the one step needed to produce the modern scheme of legal remedies. And when it did, it used the Writ of Trespass as the starting point."

"It is true, that a Law of Contract based on causae will always be an arbitrary and inelastic law; but it is a kind of law with which some great nations are satisfied at the present day."

"What is technically called the 'fungibility' of money, is its chief value as an article of commerce; and this fact could not long remain recognized, even by such a conservative class as legal officials."

"The common law of chattels, that is to say, the law ultimately adopted by the King's courts for the regulation of disputes about the ownership and possession of goods, was, to be a substantial extent, a by-product of that new procedure which had been mainly introduced to perfect the feudal scheme of land law."

"This again, led judges and lawyers to insist on the importance of possession, or seisin, as evidence and presumptions of title, and thus to give to the seisin of land that unique importance in English land law which it has ever been held."

"The 'inquests' which resulted in the compilation of the Domesday Book made a vivid and unfavorable impression on the country. A similar effect was produced by the inquests of 1166 and 1170, before alluded to. Even to this day, the word 'inquisitorial' bears the burden of historical unpopularity."

"The invention of writs was really the making of the English Common Law; and the credit of this momentous achievement, which took place chiefly between 1150 and 1250, must be shared between the officials of the royal Chancery, who framed new forms, and the royal judges, who either allowed them or quashed them."

"Legal business has, from the beginning of time, been profitable - to those who have conducted it; because it is concerned with things that touch men's passions very deeply, and because men are willing to pay, and pay highly, for wisdom and skill in the conduct of it. The real merits of the Norman lawyers were, not altruism, but ability, energy, and enthusiasm for their work."

"In the Laws of Cnut, it was formally laid down that no one is to bother the King with his complaints, so long as he can get Justice in the Hundred."

"Every man, noble and simple alike, should hold his land as a pledge of god behaviour. His duties, to King, lord, and neighbour, should be settled once and for all; and, if he failed in them, he should be turned out of his home and left to starve. It was a drastic scheme; but a conqueror holding a conquered country by the force of the sword cannot afford to be squeamish."

"Whatever else the Norman Conquest may or may not have done, it made the old haphazard state of legal affairs forever impossible."

"But the fact that the word "chattel" has survived as the inclusive legal term for all movable goods, points, not merely to the great importance of cattle in primitive times, but to the importance of the notion of sale or barter in generating the institution of property."

"The man who has been wounded by a chance arrow must not shoot at sight the first man he happens to meet."

"The thegn who deems an unjust doom is to lose his thegnship. It is a principle which can be widely applied"

"Only when a disputed point has long caused bloodshed and disturbance, or when a successful invader (military or theological) insists on a change, is it necessary to draw up a code."

"Prosperity ends in a crisis. The era of optimism dies in the crisis, but in dying it gives birth to an era of pessimism. This new era is born, not an infant, but a giant; for an industrial boom has necessarily been a period of strong emotional excitement, and an excited man passes from one form of excitement to another more rapidly than he passes to quiescence. Under the new error, business is unduly depressed."

"Even if the constants which economists wish to determine were less numerous, and the method of experiment more accessible, we should still be faced with the fact that the constants themselves are different at different times. The gravitation constant is the same always. But the economic constants — these elasticities of demand and supply — depending, as they do, upon human consciousness, are liable to vary. The constitution of the atom, as it were, and not merely its position, changes under the influence of environment."

"It is not pretended that, at the present stage of its development, economic science is able to provide an organon even remotely approaching to what it imagines for itself as its ideal."

"Wonder, Carlyle declared, is the beginning of philosophy. It is not wonder, but rather the social enthusiasm which revolts from the sordidness of mean streets and the joylessness of withered lives, that is the beginning of economic science. Here, if in no other field, Comte's great phrase holds good: "It is for the heart to suggest our problems; it is for the intellect to solve them.... The only position for which the intellect is primarily adapted is to be the servant of the social sympathies.""

"One who desired knowledge of man apart from the fruits of knowledge would seek it in the history of religious enthusiasm, of martyrdom, or of love; he would not seek it in the market-place. When we elect to watch the play of human motives that are ordinary — that are sometimes mean and dismal and ignoble — our impulse is not the philosopher's impulse, knowledge for the sake of knowledge, but rather the physiologist's, knowledge for the healing that knowledge may help to bring."

"If it were not for the hope that a scientific study of men's social actions may lead, not necessarily directly or immediately, but at some time and in some way, to practical results in social improvement, not a few students of these actions would regard the time devoted to their study as time misspent. That is true of all social sciences, but especially true of economics. For economics "is a study of mankind in the ordinary business of life"; and it is not in the ordinary business of life that mankind is most interesting or inspiring."

"When a man sets out upon any course of inquiry, the object of his search may be either light or fruit — either knowledge for its own sake or knowledge for the sake of good things to which it leads. In various fields of study these two ideals play parts of varying importance. In the appeal made to our interest by nearly all the great modern sciences some stress is laid both upon the light-bearing and upon the fruit-bearing quality, but the proportions of the blend are different in different sciences. At one end of the scale stands the most general science of all, metaphysics, the science of reality. Of the student of that science it is, indeed, true that "he yet may bring some worthy thing for waiting souls to see"; but it must be light alone, it can hardly be fruit that he brings. Most nearly akin to the metaphysician is the student of the ultimate problems of physics. The corpuscular theory of matter is, hitherto, a bearer of light alone. Here, however, the other aspect is present in promise; for speculations about the structure of the atom may lead one day to the discovery of practical means for dissociating matter and for rendering available to human use the overwhelming resources of intra-atomic energy."

"Though a skilled mathematician, Alfred Marshall used mathematics sparingly. He saw that excessive reliance on this instrument might lead us astray in pursuit of intellectual toys, imaginary problems not conforming to the conditions of real life: and further, might distort our sense of proportion by causing us to neglect factors that could not easily be worked up in the mathematical machine."

"Man, as the prying housemaid of the soul."

"Johnson, Hazlitt and Empson are the greatest English critics of their respective centuries not least because they are the funniest."

"The plain fact is that many of the reputations which today occupy the poetic limelight are such as would crumble immediately if poetry such as Empson's, with its passion, logic, and formal beauty, were to become widely known."