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other industries in England; (9) it involves an enormous increase of debt; (10) it em broils municipal bodies in labor troubles.
On the other hand advocates are not wanting among the witnesses to show that (1) the question of what constitutes a universal necessity differs in different municipalities and, therefore, trading ought not to be limited to water; (2) corporations can borrow money at a very low rate of interest; (3) many men are willing to devote their public life to these undertakings rather than ally themselves with private undertakings; (4) the comfort and convenience of citizens are better looked after; (5) the corporations can employ the most efficient and experienced officials and workmen; (6) they can pay the highest wages and house the workmen better, thereby avoiding labor troubles; (7) increase of debt is merely nominal, and in several cases more capital has been paid off than would have been under companies; (8) only one-third of the local debt of England is due to trading industries; (9) rate-payers generally approve of municipal trading. Detailed accounts are given of the successful municipal enterprises of Birmingham, Liverpool, Manchester, Leeds, Glasgow, Blackpool and London. The arguments of private traders against corporations engaging in tramway, electric lighting, gas, telephone, paving manufacture, etc., are answered by tabulated statements and statistics drawn from the experience of some of the best governed cities in the United Kingdom.'
“INTERNATIONAL LAW"? is one of the latest additions to the Temple Cyclopædic Primers. The idea of condensing a treatise on international law into less than two hundred pages is a novel one but is decidedly in line with the modern tendency toward shorter books. The author has given a good, though necessarily cursory and suggestive treatment of the most important modern questions, e.g. the law of peace and war, neutrality, blockades, etc. In most instances it has been impossible to do more than mention the question at issue and often the author has stated what should be rather than what is the law. Nevertheless, the work is interesting and will doubtless prove useful as an introduction to the subject.
“ETHICAL MARRIAGES” is an attempt to discuss the moral aspects of the marriage bond. The author treats several sides of marriage which have not heretofore been discussed in popular works, but he
Contributed by HENRY JOHNS GIBBONS, Philadelphia.: * By F. E. SMITH, M. A., B. C. L. Pp. 184. London: J. M. Dent & Co., 1900. • By Delos F. Wilcox. Pp. 235. Price, $1.25. Ann Arbor, Mich.: Wood-Allen Publishing Company, 1900.
does so in a way which will not offend even the most delicate sensibilities. While very few will agree with some of the conclusions reached, yet the main thought of the work will be acceptable to all. Emphasis is placed upon the social side of marriage and this feature of the work constitutes a comparative novelty.
THE GOVERNMENT CLASS BOOK ’ is one of the few secondary books intended to present the principles and facts of political science necessary to the proper exercise of the functions of citizenship. The first part, the exposition of general principles of legal and political science, is a revision of Mr. Young's former manual. The second part is a study by Professor Judson of the method and machinery of the government of Illinois.
In addition to the subjects treated in every conventional text-book on civics, six out of fourteen sections are devoted to local government, public revenue, public education, constitutional restrictions on the powers of government and the relations of Illinois to the United States. The teacher will find helpful suggestions in the frequent use of references, as well as in the ten appendices. Here are given an analysis of the Illinois constitution, the governors of Illinois, the presidents of the United States, the electoral votes cast by Illinois, the congressional districts, the senatorial districts and the election districts of the supreme court, the judicial circuits, the area and population of Illinois and Chicago since their settlement and a list of references to laws and constitutions.
REVIEWS. Historical Jurisprudence. An Introduction to the Systematic Study of the Development of Law. By Guy CARLETON LEE.
Pp. XV, 517. Price, $3.00. New York: The Macmillan Company, 1900.
“The unity which it is the business of jurisprudence to exhibit as underlying all the phenomena which it investigates is the late discovery of an advanced civilization, and was unperceived during much of the time during which those phenomena were accumulating. The facts can only be presented by history, and history may be studied with the sole view of discovering this class of facts. But this is not the task of jurisprudence, which only begins when these facts begin to fall into an order other than the historical and to arrange themselves
1 The Government Class Book. A Manual of Instruction in the Principles of Constitutional Government and Law. By ANDREW W. YOUNG and HARRY PRATT JUDSON, LL. D. Pp. 265. Price, 750. New York: Mayvard, Merrill & Co., 1900.
in groups which have no relation to the varieties of the human race.
One work on jurisprudence may contain more of historical disquisition, while in another philosophical argument may predominate, but such differences are incidental to the mode of treatment and afford no ground for a division of the science itself."
These words of Professor Holland must be accepted as authoritative. They express with unmistakable clearness a view of jurisprudence which is now taken by the most discriminating students of that science. If such a view be accepted, the title of Dr. Lee's book is a misnomer, for his “Historical Jurisprudence " is not jurisprudence at all, nor is it a history of jurisprudence. In fact, it is an exposition of certain legal systems and should be so entitled. The national codes which he has selected for study are those of Babylonia, Egypt, Phænicia, Israel, India, Greece, Rome, and early England. Besides these there is an exposition of the Canon Law. The monographs dealing with these codes are grouped in three general parts. Part I is entitled "The Foundations of Law;" Part II, “The Development of Jurisprudence," and Part III, “The Beginnings of Modern Jurisprudence." But something more than names is necessary to give to the different parts of a work an organic unity, and such unity is just what "Historical Jurispru. dence" lacks. Speaking from the point of view already indicated, it may fairly be said that Dr. Lee's first part should have been called “Outlines of Early Law;" his second, “The Development of a Legal System,” and his third, “The Beginnings of Modern Codes.”
Except from a chronological standpoint the ideas treated in Part I could scarcely be said to be foundations of law. Many of them indeed are not even shared in a slight degree by the later codes, and hence would be " foundational ” only in the sense of being antecedent to present notions. Of those systems that are to be taken as foundational, Dr. Lee enumerates six—the Babylonian, Egyptian, Phænician, Jewish, Indian and Greek. Babylonia, he thinks, has through its system exerted an immense influence upon the law of the western world. Here the first needs that gave rise to a legal system were commercial in their character. “The great work of the nation was the production of a system of law necessary to the extended commercial activity of the city and produced by that activity.” On the other hand, the basis of the Egyptian code was the relation of the population to the soil. “Foreign commerce, at least in the early and middle empires, was foreign to the Egyptian character.” Hence the quiet growth of a system of private customary law not dependent upon legislative enactment. No changes like that produced in the Roman law by the introduction of the Jus Gentium are to be traced, nor was the system deeply affected by notions borrowed from neighboring countries. Phoenicia, however, drew largely upon the legal ideas of Babylon, and its law dealt largely with trade. A new principle was invoked in the Jewish law. Civil and criminal law were distinguished by the influence of religious ideas. No clear conception of the state as a party to the law existed, but revenge between man and man was the underlying principle. Three distinct codes may be observed, that laid down in Exodus, the Deuteronomic code, and the priestly code found in Exodus and Numbers. Indian law was similar in that the whole life of man was treated from an exclusively religious standpoint, since "no circumstances had arisen to cause a distinction between theology, philosophy and law as independent sciences." Greek law was a distinct step in advance over earlier systems. The idea of the state became prominent, and although it was recognized in different degrees and in different ways by the varying codes of Greece, e.g., those of Sparta and Athens, it was always conscious. The law of Rome represented an entirely new phase of human conceptions on the subject. It is a trite commonplace to say that it was the great and enduring contribution of the nation to the world's intellectual wealth. “The position which Greece has held in the history of the culture of the world was in no greater degree owing to its artistic triumphs than was the corresponding position of Rome to its juridical triumphs."
Very much more space is necessarily devoted by Dr. Lee to the law of Rome than to that of any other state. Material, too, is much more abundant and more available. Yet it is just here that the author's method proves disappointing. He does not improve upon the numerous brief discussions of Roman law that are accessible to every student, and the defects of his method of studying the subject have prevented him from tracing the relations between the Roman system and the codes that preceded it. Much the same may be said of the treatment of early English law, but more interesting are the chapters on the barbarian codes and the reception of Roman law. The latter traces the process of transplanting the law of Rome to continental countries.
“Historical Jurisprudence" seems to be made up largely from secondary sources, and hence cannot be regarded as a standard work, whatever its accuracy. It contains no bibliography and few footnotes, and is somewhat lacking in scientific quality. Moreover, as already indicated, it is not a work dealing with jurisprudence in the true sense of the word. Nevertheless, it is a distinctly readable book and will be very useful for convenient reference.
H. PARKER WILLIS. Washington and Lee University.
History of the Theory of Sovereignty Since Rousseau. By C. E.
MERRIAM, JR., Ph. D. Pp. x, 232. Price, $1.50. The Columbia University Press: Studies in History, Economics and Public Law, Vol. XII, No. 4. New York: The Macmillan Company, 1900.
A " History of the Theory of Sovereignty Since Rousseau," is the work of a graduate student in the Columbia University School of Political Science. One cannot but admire the courage of the author in undertaking a task so great and at the same time so delicately critical. In view of the fact that he had to pursue his study without a satisfactory system of political philosophy, afforded by recent writers or constructed by himself, Dr. Merriam's monograph is certainly a meritorious production. Its publication will help to arouse a greater interest in the purely theoretical aspects of political science.
Woodrow Wilson once said, in speaking of sovereignty, that "no man who cares a whit about his standing among students of law or politics can afford to approach it lightly." This implied warning to students of political science not to commit themselves, without due deliberation, to a theory of sovereignty did not embarrass Dr. Merriam, since nowhere in his monograph does he propose to take an independent stand on the problems of political philosophy-least of all, on the problem of sovereignty. Nowhere does he criticise or expound the theories since Rousseau, with a view to arriving at a solution of the important but vexing problem of sovereignty, Nowhere does he attempt to indicate the true doctrine. His is rather the task of the annalist, the recorder, the illustrator, the historian. The product of his work is "a historical study" in which it is deemed "sufficient to indicate the various ways in which the subject of sovereignty is approached, and to emphasize the importance of knowing the path that is followed by each school of theorists." Dr. Merriam is content with presenting “illustrations of the various concepts of sovereignty, and their frequent confusion." “The dogmatist,” he says, “should show which is the proper point of view.”
In the quotations just given is disclosed a weak point in the monograph. For history without interpretation is meaningless. And is it not true that before one is able to discuss to advantage the theories of others, one must himself have taken an independent stand on the problems under consideration? Nor is he who takes such a stand and asserts that this or that is the proper view necessarily a "dogmatist.” For even in this inductive age" one may philosophize without dog
Dr. Merriam introduces his study of the history of the theory of sovereignty since Rousseau with a brief sketch of the theory prior to the period that is especially considered. The classical basis of the