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Lyttelton Times, Volume XXXVIII, Issue 3636, 11 September 1872, Page 2

Ik a recent issue we alluded to the probability that the plan Of study laid down by the Collegiate Union would; be enlarged by the addition of a course \ of _ In' ezpreningi «f -Wt fch«idld,«itt »p- < proval of the propossVit at the moment necessary to say more; but now.that the period is approaching when we perceive that the lectures will be commenced, we are desirous to enter somewhat more fully into the subject. It has always been complained of as the inherent vice of the English legal education that it made no provision for the subject being systematically studied. The student, it was said, was taken direct from his school or; college, made to spend hisfive years at an attorney’s desk, or, if intended for: the Bar, in pupil’s chambers, and there left to pick up what he could from tho practice which happened to come before him. If he was ordinarily intelligent! and industrious, he would of course: pick up a good deal, and what he did leOrn in this way he wonld betolerably certain to know well; but he would learn nothbg outside of what be there actually saw before him, and it might well happen that there were whole sdtr|tots*of practical law of which he saw nothing fccip the begianing to the end of his career as a student. The objection was palliated; rather than met, by referring to the infinite variety of the transactions which at home pass through the chambers of the conveyancer, pleader, and equity drafts* man, and still more through the offices of the solicitor, who, according to the arrangements of home practice, is the general employer of all three. It is quite true that turning up, as thC principles of lair do, in every possible shape, and viewed as they cannot buk be by the practitioner from every possible aspect, and indeed continually from opposite sides, there is the best security for their being thoroughly understood by him both in their reason and their, application. But the very extent of the field necessitates its subdivision. . Highly as we rate the standard of a'leading counsel in the Four Courts or in Westminster Hall, and freely as we conceive he might-match himself with the lights of science m any department, to the general body of practitioners it is nevertheless true that it is but a smalt part of their science which they have had the means of studying. Chitty on Pleading is an unknown book: to the conveyancer; Davidson’s Precedents

may be scarcely less so to the Common Law pleader. In the majority of oases the student has grown up a mere pleader, a mere conveyancer, or a mere equity draftsman. These considerations have bad so much weight with the authorities at home that about ten years bach the Benchers of the Inns of Court formed themselves into a Council of Legal Education. This body has established six Beadersfaips, embracing among them the whole range of legal study as practised in England and Ireland, and including one specially devoted to Jurisprudence and the Civil and International Law; another to Hindu aud Mohammedan Law, together with the various legal systems in force throughout the British possessions in India. It is now necessary that students for the Bar should pass satisfactorily through a given proportion of these classes, and about twenty gentlemen aie appointed Examiners for the purpose of testing their proficiency. It is now not only possible, but necessary, for the English or Irish law student'to obtain a professional acquaintance with law as a whole. If it has been found impossible to do without this elaborate system of tuition at home, something of the kind must certainly be wanted in New Zealand. It is no business or wish of ours to detract from the merit of the legal profession as we find it in our midst. The eminent person who ought to be most capable of judging has pronounced that his Bar need fear no comparison with that of any colony with whom comparison can easily be instituted. That this is so, may the more readily be supposed by outsiders from the consideration that there has always been amongst us, and we trust there always will be, a leaven of gentlemen who have come fresh from the recollections of home practice and home honours. But it is also true, and it will probably be more and more true, that there is rising up amongst us a number of students whose experience of law is limited to Vhat Christchurch itself has to teach them. This cannot be enough. We believe that, as things are, any student from our own ranks ought, if he does himself justice, to find himself at the end of his articles quite as handy and ready at his law as the average country soli* eitor at home—probably rather more so. But then our requirements are greater. The English or Irish country solicitor-even the Dublin or London solicitor—is not a man who can “ talk law” before a Judge for two hours at a stretch. He is not expected to trust his own opinion on a crabbed clause in a will, or to keep his head perfectly clear in a dispute between an execution creditor and the provisional trustee in bankruptcy. There, his responsibility is limited to being himself advised by counsel; here, he cannot, divide bis responsibility; he must -be wrong, if he is wrong, at his own risk, and perhaps to his own ruin. It is impossible, of course, that Ihe Collegiate Union can adequately meet the necessity, but if their efforts are properly directed they can hardly fail to be of advantage. It is not a long course of law lectures which in this place students can be expected to attend, and it is consequently but a small part of the field. which can practically be traversed by a lecturer. But it will be possible, we should afford. the students illustrations of what'law which,he sees in practice really is in principle. In the office, for the most part, he can know it only in result ; at the lecture room, it may be made to evplye itself before him frpm its original maxims. He will see it argued! out. Latent and hitherto unsuspected analogies will then acquire for him a new life, and will have thei# effect m enabling him to decide with confidence on cases which it-had never previously occurred to him to have to. consider. What has thus been done for him in* few cases he can afterwards dp fop himself generally, and the conseqaent acquirement of scientific aptitude will tend greatly to even bin with other* Whose opportunities hive been larger, and their acdpnpatying experience of a higher range. The Collegiate Union Ms deserved well of the province for the effort to make Christchurch a seat of learning. In making the attempt.it npw pronises, I it has entered upon a task Mss ex*< peetod from it perhaps: than other*: to; which it bad already committed itself, | but by no meaus less necessary to he] done, dr carrying with It less honour successfully achieved- ; i