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AN ANALYSIS

CRIMINAL LIABILITY.

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AN ANALYSIS

OF

CRIMINAL LIABILITY.

BY

E. C. CLARK, LL.D.,

REGIUS PROFESSOR OF CIVIL LAW IN THE UNIVERSITY OF CAMBRIDGE ;

ALSO OF LINCOLN'S INN, BARRISTER-AT-LAW.

AIBLIOTHECA
· MAR '581
PODLEIANDO

Cambridge :
AT THE UNIVERSITY PRESS.

1880

[The rights of translation and reproduction are reserved.]

Cambridge: PRINTED BY C. J. CLAY, M.A. AT THE UNIVERSITY PRESS.

INTRODUCTION.

THE general utility of that study, which it is my office to recommend, appears to lie less in the mastery of detail than in the grasp of certain pervading facts or principles. In other words, Roman Law is, to the majority of students, principally valuable from its connexion with Jurisprudence. On the latter subject we have, in England, an extremely original and powerful work, recognizing, on the one hand, (though not with sufficient clearness of reference,) the bearing, upon that subject, of Roman Law; criticizing, on the other, with perhaps more severity than justice, the contributions to the same subject by our own institutional writer, Blackstone. I need not say that I refer to Austin's. Jurisprudence. The circumstances, under which his work has come to us, need but mention, to remove from those, who venture sometimes to criticize his dicta, the remotest suspicion of any disrespect to so great a name. For those circumstances fully explain that peculiar character of Austin's lectures which leads, in some cases, to a mode of studying them, useless if not prejudicial, and the last that their author would have wished. He himself was unfortunately obliged, after a very

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