From an early time, again, we have had a central and powerful legislature which, as it represents the estates of the whole realm, has made statutes b… - Sir Frederick Pollock, 3rd Baronet

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From an early time, again, we have had a central and powerful legislature which, as it represents the estates of the whole realm, has made statutes binding on the whole, and knows no legal bounds to its competence. Thus our laws have been eminently national and positive, and our particular legal habit of mind is perhaps the most insular of our many insular traits. Our long standing apart from the general movement of European thought has had its drawbacks; but I think it the better opinion that both in jurisprudence and in the not wholly dissimilar case of philosophy the gain has outweighed them.

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About Sir Frederick Pollock, 3rd Baronet

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.

Also Known As

Birth Name: Frederick Pollock
Alternative Names: Sir Frederick Pollock, 3rd Bt. F. Po.
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Additional quotes by Sir Frederick Pollock, 3rd Baronet

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.

So venerable, so majestic, is this living temple of justice, this immemorial and yet freshly growing fabric of the Common Law, that the least of us is happy who hereafter may point to so much as one stone thereof and say, The work of my hands is there.

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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.

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