Essays in Jurisprudence and The Common Law

Out of Print

Preface
All the essays included in this volume have appeared in the course of the last four years in legal periodicals except the one entitled" Liability for the Consequences of a' Negligent Act'", which was published in Cambridge Legal Essays, 1926. I am indebted to the 'editors of those periodicals for the consent they have given to the present reproduction.

The essays fall into two divisions. The first seven chapters have been entitled Essays in Jurisprudence, for they are concerned "the questions which are, as a rule, examined in the leading textbooks on this ill-defined subject. The last six. chapters are of more technical nature; they may, perhaps, be described as dealing with the common law if we use that term in a broad sense as including statute law.

The papers have not been rewritten, but have been brought to date by footnotes. A certain amount of repetition in the chapters on "Liability for the Consequences of a 'Negligent Act' " and "The Palsgraf Case" has unfortunately proved to be unavoidable as the same problem is discussed in both of them.

In the first one the point at issue is considered from the standpoint of the English authorities, while in the second the emphasis is placed on the American cases and literature.

Four of these papers were written during the time when I was visiting Professor at the School of Law, Yale University, 1928 1929. I welcome this opportunity of thanking my colleagues that School for the hospitality and courtesy they showed me during that very pleasant year.

I wish to acknowledge the debt I owe to Professor W. W. Buckland, Professor P.H. Winfield, Mr H. A. Hollond, Chairman of the Cambridge Law Faculty, and Dr Arnold D. McNair for the valuable advice and help they have given me; they are, of course, not responsible for,nor do they always agree with, the views I have expressed in these articles.

A.L.G.
Cambridge, England
September 1930