COPYRIGHT, 1914, BY COPYRIGHT, 1917, BY COPYRIGHT, 1921, BY BLACKSTONE INSTITUTE GENERAL INTRODUCTION A strong man and a strong nation result from an intimate knowledge of and a strict insistence upon legal rights. To know and assert one's legal rights is a duty of moral self-preservation-ignorance and neglect of those rights is moral suicide. The security of the individual as well as of society lies in a wise and equitable system of law, thoroughly understood by every one and impartially administered by courts of unimpeachable integrity. To know the system of law under which we live is every citizen's paramount interest and duty, not merely that he may thereby protect his own private interests, but also that he may be able efficiently to preserve his government and take an intelligent part in its administration and improvement. To facilitate the acquisition by every citizen of an adequate knowledge of his legal rights and duties, and to give him a thorough understanding of the system of law and government under which he lives, MODERN AMERICAN LAW was prepared. It is a general, systematic, and comprehensive commentary on those fundamental principles of American Law and Practice which concern all persons in the ordinary affairs of life. The commentaries of Sir William Blackstone on the laws of England, and of Chancellor James Kent on American law, demonstrate the feasibility and value of presenting, within comparatively narrow limits, the principles of the law. The works of legal writers of a previous century, however, do not adequately expound the law of the present day. The rapid increase of legislation, the enactment of constitutional amendments, and the necessity of applying the principles of law to new problems clearly indicate the need of a modern commentary. MODERN AMERICAN LAW is the work of judges, teachers in law schools, and writers on legal subjects. The authors present not only the modern rules of law, but, as well, the origin, nature, and growth of the law. The work is offered in the confident hope that it will take its place as a luminous and complete commentary upon the existing system of law. It is also hoped that it will assist in solving the great problems of government by materially hastening the day when the layman as well as the lawyer will not only have a knowledge of the general principles of law, but will understand the reasons behind the principles, as well. Such a knowledge and understanding will do much in fitting all citizens to discharge intelligently their civic duties. It will also engender a wholesome respect for law and order and an appreciation of the blessings of the free institutions under which we live. EUGENE A. GILMORE, Editor-in-Chief. University of Wisconsin Madison PREFACE An intelligent citizenship is the bulwark of a successful and permanent government. Most of the difficulties which individuals have with each other arise from misunderstanding and ignorance. Likewise, much of the criticism and lack of appreciation of our government and law arises from misunderstanding and ignorance with respect to the origin, nature and spirit of our institutions. Discontent, demagogy, anarchy, and revolution thrive on ignorance. The fantastic and impracticable schemes of bolshevism and the much-heralded panaceas for the ills of the body politic make little headway where the citizens are intelligent and well-informed. In order to afford an opportunity for a proper understanding and appreciation of our present system of government, the first subject discussed is "The Citizen and the Law," by John B. Winslow, late Chief Justice of the Supreme Court of Wisconsin. This is a brief but comprehensive treatise on the duties of the citizen with respect to his government. Following this treatise comes "Law-Its Origin, Nature and Development," by Professor Charles A. Huston, Dean of the Law Faculty of Leland Stanford Junior University. It is essential to the proper understanding of our legal system that before beginning a detailed study of particular subjects, the reader should take a general survey of the whole field of the law. After these general introductory treatises comes one of the basic subjects of the law-"Contracts," by Mr. William Charles Wermuth, former lecturer at Northwestern University Law School. Underlying most all other parts of the law are the fundamental principles of Contracts-the body and blood of trade and commerce. |