« PreviousContinue »
(Law Magazine and Review, No. CCXXXI., Art., Criminal Law Abroad and at Home). The question what is legal lunacy, and what are the proper provisions to be made with regard to it in a Criminal Code, is at the present time, as we pointed out, engaging the attention of the French Government. Other important questions regarding Codification in general, and our own Criminal Codification in particular, have been on various recent occasions treated by French Jurists, such as M. Bertrand, one of the Editors of the Official French version of the Austrian Code of Criminal Procedure, and M. Georges Louis, one of the Secretaries of the Committee of Foreign Legislation, at the Ministry of Justice. It would have added to the scientific interest of his valuable book if Mr. Dillon Lewis had noted some, at least, of these foreign criticisms, and stated his own views on the points raised. We do not doubt that Mr. Lewis's own work will be studied with much interest abroad as well as among ourselves, and we are sure that his labours will be duly appreciated by Penalists in all countries, whatever be their direct effect upon the reform and the Codification of English Criminal Law.
Transactions of the National Association for the Promotion of Social Science. Cheltenham Meeting, 1878. Longmans & Co. 1879.
The last Congress of the Social Science Association had the advantage of being presided over by one of its original members, Lord Norton, so long well known in his various official positions as Sir Charles Adderley. It is interesting to read in his opening Address the thoughts of one of our earliest “ Moral Pokers ” on the principal topics falling under the discussion of the meeting. The year of the Cheltenham Congress was also the year of the meeting of the International Prison Congress at Stockholm, to which the Association had sent several Delegates. The Report of those Delegates is printed in the present volume, but it is singularly meagre, and bare of such useful criticisms on the Congress as are to be found in the Rivista di Discipline Carcerarie of Rome, the Revista de los Tribunales of Madrid, and other foreign periodicals. Dr. Wines's Paper on the subject gives a brief synopsis of the general tenor of the conclusions of the Congress, and the discussion upon it records the views of some who were present at Stockholm. Mr. H. W. Freeland, in a paper on the International Tribunals in Egypt, recommends the establishment of a somewhat similar system in European Turkey and Asia Minor; a suggestion which it would in all probability be almost necessary to carry into effect if anything is to come of the Reforms in Administration promised by thc Porte and guaranteed (?) by the Anglo-Turkish Convention.
Introduction to the Study of International Law. By THEODORE D. Woolsey. Fifth Edition, revised and enlarged. Sampson Low & Co. 1879.
When we remember the modest dimensions of President Woolsey's early editions, the size of the goodly volume which he now publishes will be significant alike of the author's increased labours in his special portion of the field of Jurisprudence, and of an increase of public interest in the subject. Dr. Woolsey has brought out what will, he believes, most probably be the the last edition he can hope to revise for press. We shall be very glad if he falsifies his own expectation in this respect. The book as now presented to the reader is an excellent and masterly compendium of the doctrines and practice of that "Jus inter Gentes " which, starting from the nations of Christendom, is to all appearance beginning to make its way even among the long secluded nations of the far East, as well as among the Mohammedan States, which have been almost driven to its recognition by their constantly growing intercourse with the Western Nations. We learn from Dr. Woolsey's pages with no small pleasure, that a Chinese translation of Wheaton's Elements is stated to be in preparation. And we have heard with no less pleasure of Chinese Envoys to Europe taking pains to obtain the best information concerning the nature and scope of the European Law of Nations from some of those most competent to explain it to them. These facts, though not much dwelt upon by Dr. Woolsey, augur well for the future of this branch of the Science of Jurisprudence. Few of us, in presence of the grave difficulties which confront the principal European Governments in Eastern Europe, in the Levant, in Egypt, in India, in South Africa, would venture to assert to the probability of a speedy Reign of Universal Peace. But although the legend " Pax" may not much more fitly be inscribed on the coins of Victoria, or Alexander, or William, or Francis Joseph, than it was on those of Harold, son of Godwin, yet the aspiration which that legend symbolised may well be kept in view as something to be striven for, even though it be not attained. And towards the attainment of this object the careful study and no less careful carrying out of the principles of the Law of Nations cannot but be a powerful help. That it must also be enlarging to the mind, as is urged by Dr. Woolsey, we should hope scarcely needs demonstration. How much some such study is needed, the very works which hold a prominent position on the shelves of the student of International Law themselves not unfrequently show. We are greatly indebted to American writers for the progress of the science; it needs scarcely be observed that their nationality is occasionally very patent. We think that on some points Dr. Woolsey in his latest edition falls short of the Judicial calm and impartiality almost invariably preserved by Wheaton and Lawrence. When Dr. Woolsey plainly intimates his opinion that the Confederate States had by their secession from the Union lost all rights “except those of humanity," we are tempted to ask whether recognition as a belligerent is not a “right of humanity,” which even a revolting community is entitled to expect at the hands of other Communities? Clearly humanity has still much to learn if this be not allowed. Again, when Dr. Woolsey comes to treat of what he calls “the Doctrine of Continuous Voyages," we are amazed to find in his pages no hint whatever of any other view later than that of Lord Stowell, save an extract containing a somewhat ingenious representation of Dr. Gessner's opinion which almost seems to convert the distinguished German Publicist into a supporter of the view which he strenuously opposed. And of the luminous exposition of the subject given by Sir Travers Twiss, first at the Antwerp Conference of the Association for the Reform and Codification of the Law of Nations, and afterwards, at considerably greater detail, in an article in our own pages (Law Magazine and Review, No. ccxxvi., November, 1877), we are equally astonished to find no mention made. Dr. Woolsey, in fact, assumes it to be British doctrine that if there is war between say Russia and Turkey, and a British or French vessel, being neutral, is found sailing to Genoa, a neutral port, the ship may be made valid prize with her cargo by a Russian man-of-war, on the ground that the cargo might “ ex hypothesi" be trans-shipped at Genoa for Constantinople, or another enemy's port. We shall be very much surprised if Dr. Woolsey finds this doctrine generally accepted either by Great Britain or by Europe. The difference between “proving beyond doubt" that a particular cargo was destined for an enemy's port and use, and the "mere suspicion" of it (as Mr. Beach Lawrence observes), from a destination avowedly neutral, is so marked, that Dr. Gessner's limitation, which seems to President Woolsey“ not a very practical one,” appears to us to go to the root of the matter, which is to require judicial proof, and not to condemn on an assumption unsupported by evidence. Having thus intimated some of our divergences from Dr. Woolsey's views, we turn with all the more pleasure to other features of his book which deserve high commendation. We observe that a system, peculiar, we believe, to Dr. Woolsey, distinguishes his “ List of the most important Treaties since the Reformation,” published in Appendix II. to the present edition of his work. The arrangement is historical, and it is also that of a classed catalogue, which presents this great advantage, that all the chief provisions of the principal Treaties belonging to a particular period of history can be studied in their proper sequence and connection. Thus find grouped together the Treaties belonging to the “ Age of Religious Antagonism," the "Age of Louis XIV.," the “ Age of the French Revolution and of Napoleon," and of the “ Great System of Pacification and Re-Adjustment following on the Fall of Napoleon,” &c., until we are carried down the stream of time to the Treaties of San Stefano and of Berlin, 1878. This Appendix alone would give a special interest to the new edition of Dr. Woolsey's valuable work, even if the book had not long ago established its right to high rank among practical manuals of International Law, useful not only for lawyers, but also, as its venerable author points out, for "all young men of liberal culture in preparation for any profession or employment.” We cannot but hope that the number of such students may increase with the spread of “liberal culture” on both sides of the Atlantic, and throughout all the members of the Commonwealth of Nations.
The Jurisdiction, Process, Practice and Mode of Fleading in ordinary Actions in the Mayor's Court, London (Commonly called the Lord Mayor's Court). By George Candy, Barrister-at-Law. Stevens & Sons. 1879.
Mr. Candy here sets afloat what he modestly calls a “light craft," but one on board which, to continue his own metaphor, passengers bound for the Mayor's Court, London, will do well to secure a berth. In a year of " Light Blue” Victory at Putney, Mr. Candy seems to deem it well to hide under a bushel the fact that he himself is a “ Dark Blue.” To this reticence we object on principle, considering that a University is either worth much or nothing as an index of culture, and, if the latter, that it ought not to cumber the earth with its existence. Having thus delivered our soul on a point not affecting Mr. Candy's merits asan author, we gladly give him great credit for a clear and, if it may be said with all due respect for the Bench, a frequently somewhat amusing analysis of the “chaos ” of conflicting decisions, amounting at one time almost to the proportions of a “grave scandal,” in the opinions of the judges themselves, through which the Mayor's Court has had to pass before reaching its present high pitch of acceptableness to a large and increasing number of suitors. Mr. Candy's work is “founded on Brandon," but on this sound basis a superstructure has been raised which is entirely his own, and of which the identity is unmistakeable. Mr. Candy objects to the phrase " Lord Mayor's Court” as misleading. It is of course historically true that the title of “ Mayor” or “Port-reeve" is older than that of “ Lord Mayor.” But by whatever name it be called, practitioners and suitors will alike find Mr. Candy's book an excellent guide to the Jurisdiction and Practice of the “Court of our Sovereign Lady the Queen," holden before the Lord Mayor and Aldermen in the Chamber of the Guildhall in the City of London.
Annuaire de Législation Etrangère. Publié par la Société de Législation Comparée. Paris. Cotillon. 1878.
The seventh issue of this most instructive and valuable Jurist's Year-Book, as it might fairly be called, contains a perfect mosaic of Comparative Legislation, constructed by skilled hands from the materials richly furnished by the Legislative activity of the year of grace, 1877. The “ Hellenic Factor” in the Eastern Question is represented by an Electoral Law, translated by Timoleon Philemon, Deputy for Attica, and a résumé of the Work of the Chambers for 1877, by Professor Calligas, of the University of Athens, a combination of titles which seems to bring before us dreams of the Agora and the Pnyx, of the Academy and the Porch. The Sublime Gate of Felicity, not to be outdone by the many-wiled Hellene, sends us Administrative Laws for the police of the New Rome, and a reminiscence of the late war in the shape of the Decree constituting a Maritime Prize Court at Constantinople, a Tribunal whose members must have enjoyed a tolerable sinecure. The Patent Laws of the German Empire are most elaborately and