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“DIRECTIONS to a STUDENT of LAW. [In a Letter from JOHN DUNNING, Esq. to a gentleman of the Inner Temple],” The Universal Asylum and Columbian Magazine (August 1791), pp. 81–2.
John Dunning
John Dunning (1731–83) was a prominent English lawyer and, from 1768, Member of Parliament. Toward the end of his life, in 1782, he was created Baron Ashburton (see DNB). His “Directions to a Student of Law” was published in other early American magazines, including the New-York Magazine (in April 1792). On the Universal Asylum and Columbian Magazine, see the headnotes to selections #90 and #92. For very different advice about reading Hume than that given here, see below selections #96, “Reading Hume equals Death, by Hanging,” and #100, “Hume took away all Foundation.” In the period covered by this volume, Hume’s History was common reading for young men intent on pursuing public and especially legal careers. There is some irony in that since, as a young man, Hume had flatly rejected a legal career.
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DIRECTIONS to a STUDENT of Law.
[In a Letter from JOHN DUNNING, Esq. to a gentleman of the Inner Temple.]
DEAR SIR,
The habits of intercourse in which I have lived with your family, joined to the regard which I entertain for yourself, makes me solicitous, in compliance with your request, to give you some Hints concerning the Study of the Law.
Our profession is generally ridiculed as being dry and uninteresting; but a mind anxious for the discovery of truth and information will be amply gratified for the toil, in investigating the origin and progress of a jurisprudence which has the good of the people for its basis, and the accumulated wisdom and experience of ages for its improvement. Nor is the study itself so intricate as has been imagined; more especially since the labours of some modern writers have given it a more regular and scientific form. Without industry, however, it is impossible to arrive at any eminence in practice; and the man who shall be bold enough to attempt excellence by abilities alone, will soon find himself foiled by many who have inferior understandings, but better attainments. On the other hand, the most painful plodder can never arrive at celebrity by mere reading; a man calculated for success, must add to native genius an [sic] distinctive faculty in the discovery and retention of that knowledge only, which can be at once useful and productive.
I imagine that a considerable degree of learning is absolutely necessary. The elder authors frequently wrote in Latin, and the foreign jurists continue the practice to this day. Besides this, classical attainments contribute much to the refinement of the understanding, and the embellishment of the style. The utility of grammar, rhetoric, and logic, is known and felt by every one. Geometry will afford the most apposite examples of close and pointed reasoning; and Geography is so very necessary in common life, that there is less credit in knowing, than dishonour in being unacquainted with it. But it is History, and more particularly that of his own country, which will occupy the attention and attract the regard of the great lawyer. A minute knowledge of the political revolutions and judicial decisions of our predecessors, whether in the more ancient or modern areas of our government, is equally useful and interesting. This will include a narrative of all the material alterations in the Common Law, and the reasons, and exigencies on which they were founded.
I would always recommend a diligent attendance on the Courts of Justice, as by that means the practice of them (a circumstance of great moment) will be easily and naturally acquired. Besides this, a much stronger impression will be made by the statement of the case, and the pleadings of the counsel, than from a cold and uninteresting detail of it in a report. But above all, a trial at bar, or special argument, should never be neglected. As it is usual on these occasions to take notes, a knowledge of short-hand will give such facility to your labour, as to enable you to follow the most rapid speaker with certainty and precision. Common-place books are convenient and useful; and as they are generally lettered, a reference may be had to them in a moment. It is usual to acquire some insight into real business, under an eminent special pleader, previous to actual practice at the bar: this idea I beg leave strongly to second, and indeed I have known but few great men who have not possessed this advantage. I here subjoin a list of books necessary for your perusal and instruction, to which I have added some remarks; and wishing that you may add to a successful practice, that integrity which can alone make you worthy of it,
I remain, &c. &c.
JOHN DUNNING.
Read Hume’s History of England, particularly observing the rise of progress, and declension of the feudal system. Minutely attend to the Saxon government that preceded it, and dwell on the reigns of Edward I. — Henry VI. — Henry VII. — Henry VIII. — James I. — Charles I. — Charles II. — and James II.
Blackstone. On the second reading turn to the references.
Mr. Justice Wright’s learned Treatise on Tenures.
Coke Littleton, especially every word of Fee-Simple, Fee-Tail, and Tenant in Tail.
Coke’s Institutes; more particularly the Ist and IId; and Serjeant Hawkins’ Compendium.
Coke’s Reports. — Plowden’s Commentary. — Bacon’s Abridgment; and First principles of Equity. — Pigott on fines. — Reports of Croke, Burrow, Raymond, Saunders, Strange, and Peere Williams. — Paley’s Maxims. — Lord Bacon’s Elements of the Common Law.
Lincoln’s-Inn, March 3, 1779.