JURISPEUDENCE. 344 JURY. backward (jeoples, as Jlaillaiiil observes, have proliably failed to find the ri{;ht road. While little comparative work has thus far been done in what may be called the middle periods of legal development, nmch is beiiif; done in tlic field of ino<lern lef^islation. The Frcmli .Socii'te de Legis- lation C'ompari'e has for many years published monthly bulletins and annual compilations of French and foreign legislation : the British So- ciety of Comparative I^egislation pays especial attention in its Journal to the movement of legis- lation in the British colonies and dependencies; while the German Vereinigung fiir verglciehende Bechtswissenschaft is devoting itself more ex- tensively to studies in early law and in com- parative historical jurisprudence. 1 .3 1 A loose use of the word jurisprudence, which has nothing in common with the meanings above discussed, makes it practically equivalent to law. Thus, writers speak of medical juris- prudence, meaning simply those parts of the law which are most closely connected with medicine, and in the discussion and development of which the collaboration of lawyers and medical men is highly advantageous. It would be equally legiti- mate to speak of mining jurisprudence. BiBLlOGKAPHY. The following list contains the more recent general treatises in many of which full information will be found concerning the older literature. It includes, also, some of the more recent special works of value. English Works: Austin, Lectures on Jurisprudence (4th ed., London, 1873); Clark, I'rtirtical Jurispru- dence (Cambridge. 1883) ; Hastie, Outlines' of Jurisprudence (Edinburgh, 1888); Holland. Ele- ments of Jurisprudence (9th ed., Xew York and London, 1900) ; Lightwood, Xature of Positive Laic (London, 1883) ; Holmes, The Common Law (Boston, 1881) ; Lorimer, Institutes of Law: A Treatise of the Principles of Jurisjirudence (2d ed., Edinburgh. 1880); ilaine. Ancient Law (11th ed., London, 1887) ; Markbv, Elements of Law (.3d ed., O.xford, 188.5); Pollock. .1 First, Book of Jurisprudence (London. 1896) ; Robin- son, Elements of American Jurisprudence (Bos- ton. 1900). French Works; Beaussire, Principes du droit (Paris, 1888) ; Boistel, Courf de philo- sophie du droit (Paris. 1899) ; Fouillee, L'idfc moderne du droit (2d ed., Paris, 1883) ; Fustel de Coulanges, La cite antique (9th ed., 1881) ; Or- ban. Cours d'encj/clopedie du droit (Li&ge, 1895) ; Vareilles-Sommiftres, Principes fundamcntaux du droit (Paris, 1889). German Works: Arndts. ./«- ristische Eno^/clopiidie (9th ed.. by Griiber, Stuttgart. 189.5) ; Goldschmidt, Uebe'rtjriffe der historischen i<chule (Berlin. 1880) ; Jhering, Der Kampf urns llecht f 10th ed., Vienna, 1891), French translation by lleulenaere, La lutte pour le droit (Paris, 1890), English translation by Lalor, The Htrugole for Laic (Chicago, 1879) ; Jliering, Der Zirrck im Recht (3d ed., Leipzig, 1899) ; Savigny. fSeruf unserer Zeit fiir Gesetzfic- hung und Itechtsirisscnschaft (3d ed.. Heidel- berg, 1840), English translation by Haywood, The Vocation of Our Afie for Legislation and Jurisjfrudenee (London. 1831); Stahl, Philoso- phic des Rechts. (Heidelberg. 184.5-47). For a further special bibliography, see X.TrR.l. L.w. JTJRXTA, zhoo-roo'.'). A tributary of the Ama- zon. It rises in the Andes Conomamas. in Peru, near the extreme northwest corner of Bolivia, flows northeast through a thinly populated and little known forest region of Western Brazil, and after a winding course of between 900 and 1200 miles joins the Amazon near the town of Fonteboa, in longitude 60° W, (Map; Brazil, D 4). It receives numerous tributaries, many of them unexplored. During high water almost the whole of its valley is floodeil. JURY (OF. jtiree, sworn, jury, from AIL. ju- rata, sworn body of men, from Lat. juratus, p.p. of jurare, to swear, from jus, right, law). A body of lajnnen who are constituted the judges of the truth of the facts in dispute between the parties to the trial of an action at common law. The e.xaet origin of the jury system is not known with certainty, various writers having attributed it to different European peoples which at an early period developed methods of trial not un- like the early jury trials in England. It seems probable that the jury in England was derived directly from the Xorman institution of recog- nition by sworn inquest, which was substituted by the Xorman conquerors for the less popular method of trial by battle. The Curia Regis, or King's Court, might direct the sherilT to select four knights of the county, by whom tweh-e knights were selected to serve as recognitors, whose duty it was, after being duly sworn, to inquire as to various matters of interest to the new rulers of England which might be subject of public inquiry — as, for example, matters affect- ing ta.xation of a subject. .s early as the reign of Henry II. (1154-80) it had become customary for suitors in certain cases affecting the title to real estate to apply to the Curia Kegis for the summoning of recognitors to ascertain either from their own knowledge or upon inquiry from others the truth of the matter in issue, and their verdicts, if unanimous, were accepted as con- clusive. It was natural that other questions of fact arising in the King's Court should >f dis- posed of in a similar manner, and the gradual transformation of the recognitors into the com- mon-law jury followed as a matter of course. (Consult: Forsyth, Trial hij Jury; Stubbs, Con- stitutional History: FrtK-man, yorman Con- quest.) It is to be noted that originally the jurymen were not only judges of fact, but they were witnesses oftentimes selected because of their knowledge of the customs and the people of the locality, and possibly of the suitors them- selves. During the reign of Henry I'.. however, we find the judges of the courts of common law- restricting the jury to the performance of its fimction as a judge of fact upon the evidence submitted to it. which is the single function of the jury in modem practice. The limitation upon and the manner of the exercise of the jury's function will be best under- .".tood by tracing the .successive steps in the trial of an action, either civil or criminal, at common law before a jury. This jurj" is commonly called a petit jury; also a common or traverse jurr. The first step toward summoning a jury is the issuing of a writ or precept of a court hav- ing jurisdiction over jury trials directed to the sheriff and called at common law a venire facias (from the language of the writ, meaning 'cause to come'), commanding him to summon citizens residing in the county to attend at a term of court for the purpose of serving as jurors. The jurors thus summoned are then said to be em- paneled (from the sheriff's panel, or parchment, containing the list of jurymen). At the trial the
