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READINGS

ON THE

History and System of the
Common Law

COMPILED BY

ROSCOE POUND

STORY PROFESSOR OF LAW IN HARVARD UNIVERSITY

SECOND EDITION

BOSTON

THE BOSTON BOOK COMPANY

1913

COPYRIGHT, 1913

BY ROSCOE POUND

The Riverdale Press, Brookline, Mass., U.S.A.

PREFACE TO THE SECOND EDITION

In 1899 I was called on to give a course in the history and system of our law for college students. After some experimenting with lectures and an outline of prescribed readings, it seemed desirable to have extracts from the sources referred to and some other materials before the student in the lecture room in such form as to serve not merely for illustration but as the basis for class discussion. Accordingly, a short compilation of extracts was made which has gradually expanded into the present book. For some years the extracts were mimeographed and given out in parts. Thus it was possible to make changes and additions from year to year until in 1904 the increased numbers taking the course required that the readings be put in print. Accordingly, the first edition, published in that year, represented the original nucleus as shaped and in parts made over by experience of five years of use. Subsequently notes were kept of changes in and additions to the first edition which appeared desirable, and after I ceased to teach the subject others who used the book made further suggestions. The first edition having been exhausted, the compilation has been completely revised in the light of these notes and suggestions. But it still follows the lines and in the main em bodies the contents of the mimeograph compilation of 1899.

Primarily the purpose of these readings is to provide in convenient form materials which may serve as a basis for discussion in class and for lectures and explanations which,

7890

RECAP less the matter is before the student at the

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