Quick note on Kent’s Commentaries on American Law
This blog post will be short, covering some observations on a recently ingested work of literature.
I have just recently finished reading Commentaries on American Law, Vol I by James Kent, a work considered to be introductory into the field. This was an intriguing read and enjoyable in many parts though filled with much legalese and roundabout discussions. As I intend to pursue the field further, I consider the literature critical and have sent for Volume II as well as other recommended reading, notably Blackstone’s Commentaries on the Laws of England.
Observation #1: Kent’s commentaries were written in in the early 19th century from his lectures at Columbia Law School. From the period and nature of writing, one gathers that he was prompted to publish these commentaries in response to the vast changes affecting the young American nation and the tumultuous revolutions and Napoleonic conflicts occurring in Europe. Of particular interest to the author are the failures of the original American Articles of Confederation and the reasoning behind the great powers granted to the federal system.
Observation #2: In the preface, Kent shares that his sole purpose in the publication is to educate the group of curious and intellectual young law students who have committed to following him. There is perhaps no greater reason to write.
Observation #3: According to Kent, the history of Western law originates in ancient Rome, then received a breath of refreshment by the Justinian Code. From there, little significant progress was made until 14th-15th century England and the state maintained its dominance in the advancement of law until his time. From further readings, it becomes clear that “modern law” only began to take shape in the 18th century during The Enlightenment, with codification and standardization. Structured legal facility and vigor are rather recent concepts.
Observation #4: In acknowledgement of the previous observation, the impact of modern critics on law has been astounding. notably with America springing up as a nation truly ruled by law.
Observation #5: Another acknowledgement, this time to the fact that the history, record, and practice of law is a path which has been wholly created and determined by living, breathing, mortal people. Centuries of trial (pun intended) and error have produced the codes we use today. There is a great respect for those women and men who have dedicated themselves to justice and the construction of codes that they may be passed down.
Observation #6: the history of law is a record of human interaction, oftentimes petty squabbles. I pay respect to Lincoln in his urging of clients to settle rather than pursue litigation.
Conclusions
I’m looking forward to the next volume as well as Blackstone’s commentaries. If you, dear reader, should feel so obliged, please share with me other literature which you believe to be critical in the education.
