Nebraska State Historical Society

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University of Nebraska - Lincoln DigitalCommons@University of Nebraska - Lincoln Transactions and Reports, Nebraska State Historical Society 1-1-1887 Nebraska State Historical Society The Relation of History to the Study and Practice of Law H. H. Wilson Follow this and additional works at: http://digitalcommons.unl.edu/nebhisttrans Part of the History Commons Wilson, H. H., "The Relation of History to the Study and Practice of Law" (1887). Transactions and Reports, Nebraska State Historical Society. Paper 15. http://digitalcommons.unl.edu/nebhisttrans/15 This Article is brought to you for free and open access by the Nebraska State Historical Society at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for…show more content…
This decision has become a part of the history of the state, and has determined its policy ever since on the question of internal improvements. It is referred to here because the construction there given to an important constitutional provision is based solely upon the public history of the state and the well known feeling of the people at the time of its adoption. Here, then, we find one of America's foremost constitutional lawyers recognizing and adopting the public history of a state as the best guide in the interpretation of its fllndamentallaw. 'When we reach the broader domain of international law, we must rely wholly upon history for our precedents. Here there is no supreme power to prescribe rules of action; no court with jurisdiction to decide or power to enforce its decrees. The law by which nations are to be judged, in war or in peace, are to be learned only from the public history of the nations we call civilized; and the history of the intercourse of one nation with another is so intimately connected with the internal history of each that no one can understand the former without some knowledge of the latter. Much might be said, did time permit, on the value of history in solving the ever recurring problems involving the security of life, liberty, and property. All these questions have arisen and been answered in some way by every civilized people. The communistic. and nihilistic tendencies of the present would seem to indicate that these problems have not been finally disposed of, and that the lawyer of the near future may be called upon to reconsider and perhaps readjust them. In any discussion of these great questions, involving as they do the rights of all, the practical answers given to them by other nations in
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