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effective, no national peace, civilisation, or prosperity lasting, unless a nation be free. Otherwise the nation is prigione non patria. He admits that at present
Sullogizò invidiosi veri. But truths once invidious become the axioms of a future generation. He has a very mean idea of the freedom enjoyed by British colonies. The whole of the book is an attack on Hervé (La Patrie de leurs Seigneurs), who regards disobedience to authority as national suicide. But, replies the professor, a dependent must in some cases revolt. Else how would a united Italy have been possible?
Journal du Droit International Privé. Nos. VII-X. Paris : 1908.—This opens with the first instalment of a valuable treatise on the position of foreign companies in France. A curiosity is an article on the position of aerial navigation from the point of view of International law. The view seems to be, take the law of the sea and apply it as far as possible to the air. It is mainly taken from Dr. Grünwald's Das Luftschiff, &c. (Hanover : 1908). Among the more interesting reported decisions are the following :-A native of Tunis is not of French nationality so far as to enable him to be admitted an advocate of the Paris Bar (p. 1108). The exception of litispendance cannot prevail unless the foreign Court be seized of exactly the same question (p. 1123). One thought-reader cannot have an injunction to restrain a rival thought-reader from a colourable use of the former's name. The Court will not protect an illegal trade. So held by the Supreme Court of New York (p. 1249). Where the law of a State forbids the marriage of persons suffering from tuberculosis, the defendant in an action for breach of promise of marriage who suffers from this disease has a good defence (p. 1254).
Zeitschrift für Völkerrecht und Bundesstaatsrecht. Vol. III, Part 1.
Breslau : 1908.—This valuable periodical, under the joint editorship of Professor Kohler of Berlin and Professor Oppenheim, the distinguished successor of Professor Westlake at Cambridge, maintains its position as one of the principal authorities in the world on International and Constitutional law. The two articles most interesting to English-speaking readers are one on the recent divorce case of Eckardstein v. Eckardstein, and another on the cases in which the Supreme Court of the United States has interpreted Art. I, sect. 1o, of the Constitution, from Dartmouth College v. Woodward downwards.
Zeitschrift fiir Internationales Privat-und Öffentliches Recht. Vol. XVIII, Parts 3—5. Leipsic: 1908.—This part contains more decisions but perhaps not as interesting contributions as the volume just noticed. At p. 504 will be found the conventions of the Central American Peace Conference of 1907. There is a review of a Greek treatise on International law, published by G. Streit at Athens in 1906, one of the few which modern Greece has produced, though no doubt the science existed in embryo in that country in the classical period.
Deutsche Juristen-Zeitung. 1 Oct.--15 Dec. Berlin : 1908.There is a good deal of discussion of reforms in the Criminal law. With regard to this, a monumental comparative work in fifteen volumes is advertised, under the title of Vergleichende Darstellung des deutschen und ausländischen Strafrechts. It is stated to be the necessary preliminary to a reformed code. Who Nietzche's letters ? The question is discussed at p. 1297. The extraordinary view that Gaius was a woman is put forward at p. 1386. The theory is based on Gaius I, 144 & 190, and on a text from his ad legem Juliam in Digest XXXV, 1, 63. The text does not seem to prove much. It runs si verum amamus, durior haec conditio est quam illa ““si non nupserit.” But surely here Gaius (Gaia ?) is not speaking of himself (herself)? The usual digest of decisions for 1907 is a useful supplement to the journal.
La Giustizia Penale. 24 Sept.-12 Nov.
Rome : 1908.— At p. 1166 is reported a matter of practice to which the English Bar is entirely unaccustomed, the confrontation of the parte civile with the prisoner. There is an interesting decision on the Sunday rest law of 1907, to the effect that the proprietor of a shop is liable to penalties under the law, even though he employ no hired labour. At p. 1312 will be found some decisions on the old law of Sardinia and the Two Sicilies, still valid in spite of the Civil Code.
WORKS OF REFERENCE. Sweet & Maxwell's Diary for Lawyers, 1909. Edited by F. A. STRINGER and J. JOHNSTON.- This is undoubtedly one of the most useful Diaries for lawyers, the information given, and the Tables contained in it being both full and reliable. Considerable alterations and additions in the text of the present edition have been rendered necessary by the many new Rules and Orders of the past year, and so far as we have seen these appear to have all been made with the usual care and attention which characterise the work of the Editors of this Diary.
The Lawyer's Remembrancer and Pocket Book for 1909. By A. Powell, K.C. London : Butterworth & Co.-We have received a copy of the new issue of Mr. Powell's handy little work, and find its contents, as usual, thoroughly well revised and brought up to date. Among the new articles in the present issue is a useful outline of the Criminal Appeal Act 1907.
Fry's Royal Guide to the London Charities. Edited by John LANE. London: Chatto & Windus. 1909.---This well-known annual serves a very useful purpose as a Guide both to those who give and those who take. There is, we should think, scarcely a single London charitable institution of any importance as to which full information is not to be found in its pages; and the Editor's preface reviewing the charitable work of the past year and the prospects of the current one is one of the most interesting features of the work. Carefully compiled, the book forms a reliable guide, and should be of great service to all contributors to the funds of Hospitals and other charitable institutions.
Books received, reviews of which have been held over owing to want of space :-Taylor's Science of Jurisprudence ; Stephen's Commentaries ; Clarke's Selected Speeches ; Anson's Law and Custom of the Constitution, Vol. 11, Part II ; Wessel's History of Roman Dutch Law ; Piggott's Foreign Judgments; Highmore's Local Taxation Licences; Index, &c. to Vols. 1-90, Revised Reports ; Swan's Quiet Enjoyment in respect of Landlord and Tenant ; Fletcher's Weights and Measures Aits ; Manson's Digest of English Case Law ; Latifi's Effects of War on Property ; Butterworth's Workmen's Compensation Cases, Vol. 1 ; Chitty on Contracts ; Wilson's Anglo-Nluhammedan Law; Beven's Employers' Liability and Workmen's Compensation ; Konstan's Rating Appeals, Vols. I and II ; Butterworth's Yearly Digest for 1908 ; Sykes' Banking and Currency; Holland & Nixon's Banking Law ; Paget's The Law of Banking ; Stroud's Supplement to the Judicial Dictionary.
Other Publications received :- The Sin of Socialism (London Literary Alli. ance); Transactions of the Medico-Legal Society, Vol. ”' ; Index to Legal Periodicals (American Association of Law Libraries); Fry's Finance Act 1907 in relation to Income Tax ; The Civil Judicial Statistics 1907.
The Law Magazine and Review receives or exchanges with the following amongst other
cations :--- Juridical Review, Law Times, Law Journal, Justice of the Peace, Law Quarterly Review, Irish Law Times, Australian Law Times, Canada Law Journal, Canada Law Times, Chicago Legal News, American Law Review, American Law Register, Harvard Law Review, Case and Comment, Green Bag, Madras Law Journal, Calcutta Weekly Notes, Law Notes, Law Students' Journal, Bombay Law Reporter, Medico-Legal Journal, Indian Review, kathiawar Law Reports, The Lawyer (India), South African Law Journal.
LAW MAGAZINE AND REVIEW.
No. CCCLII.-MAY, 1909.
1.-THE BAR IN BELGIUM.
E have had occasion to discuss the history of the Bar
in France, and to sketch that of the United States of America. That of Belgium differs from the first in its having a starting point within almost living memory, and from the second in having during the whole course of its history a definite constitution. Naturally, however, although of recent origin, the Bar in Belgium has its lineal ancestry in the Bar in France, and is the inheritor and the partaker of the great story and high traditions of that eminent Order.
Regarding that ancestry of the Bar in France, we will briefly indicate the main characteristics up to the time of the Revolution. Composed of several distinct local Orders, traditionally associated with as many distinct local jurisdictions, dating back to the ages when France had not yet been hammered out of various feudal demesnes, the Bar in France had at the head of its Orders the Order of the Bar at Paris attached to the great Parlement of the realm. The government of these Orders was partly external, depending upon a long series of royal ordinances, and partly internal, depending upon a long course of domestic observances. Amongst the most conspicuous of the latter would be the Rules of the Council of Discipline, which (together with the Conférences de Doctrine) provided the constitution for both training and etiquette of the Bar of Paris. The Revolution destroyed the jurisdictions, disintegrated the associated Orders, and for the time being scattered the members of the profession. The first Napoleonic period was a period of transition. The Restoration in France, coincident with the separation of Belgium, henceforward left the Bars in each country to proceed along two different paths of evolution. The differences have been largely due to the divergency of political constitutions.
If one wished to institute a comparison between the Bar in Belgium and the Bar of the United States, one would be bound to observe the great capacity for progressive action in connection with constitutional evolution which each Order has displayed. It will be recollected that the United States of America in the first half of the 19th century was emerging into a position of high international respect, whilst in the early part of the 19th century the neutralisation of Belgium became effective. The Bar of the United States has had its energy largely occupied by the fashioning of a constitution and the evolution-out of a large number of sovereign States of a world-power, and-out of a large number of separate jurisdictions,-of one authority. The Bar of Belgium has been devoting much of its activity to the evolution of juridical ideas, and of late, as a collateral matter of interest, to the federation of the branches of the profession throughout the world. The counterpart is perhaps found in the difference between the contemporaneous development of a system of Private International law out of a conflict of laws which the peculiar position of the United States has advanced, and of a system of Public International law out of a collection of rules of positive morality which the international neutrality of Belgium has assisted to forward. In each instance the Bar has had a part to playin a manner in regard to which there is no analogy in any other country