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" "When Charles Darwin created the philosophy of natural history (for no less title is due to the idea which transformed the knowledge of organic nature from a multitude of particulars into a continuous whole), he was working in the same spirit and towards the same ends as the great publicists who, heeding his field of labour as little as he heeded theirs, had laid in the patient study of historical fact the bases of a solid and rational philosophy of politics and law. Savigny, whom we do not yet know or honour enough, and our own Burke, whom we know and honour, but cannot honour too much, were Darwinians before Darwin. In some measure the same may be said of the great Frenchman Montesquieu, whose unequal but illuminating genius was lost in a generation of formalists.
Sir Frederick Pollock, 3rd Baronet PC FBA (10 December 1845 – 18 January 1937) was an English jurist best known for his History of English Law before the Time of Edward I, written with F. W. Maitland, and his lifelong correspondence with US Supreme Court Justice Oliver Wendell Holmes. He was a member of the Cambridge Apostles.
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Since the classical period of Roman law there has never been a constitution of affairs more apt to foster the free and intelligent criticism of legal authorities, the untrammelled play of legal speculation and analysis, than now exists in the States of the American Union, where law is developed under many technically independent jurisdictions, but in deference and conformity to a common ideal.
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Our lady the Common Law will note other people's fashions and take a hint from them in season, but she will have no thanks for judges or legislators who steal incongruous tags and patches and offer to bedizen her raiment with them. Assimilation of foreign elements, we have already seen, may be a very good thing. Crude and hasty borrowing of foreign details is unbecoming at best, and almost always mischievous. When you are tempted to make play with foreign ideas or terms, either for imitation or for criticism, the first thing is to be sure that you understand them.