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English Political Philosophy from Hobbes to Maine. By WILLIAM GRAHAM, M.A. London : Edwin Arnold. . 1899.
Mr. Graham, whose previous work on Socialism is well known, has produced a very interesting, as well as a very instructive book. He has selected for examination the theories of six influential English political thinkers, namely, Hobbes, Locke, Burke, Bentham, J. S. Mill, and Maine, with the object of producing, by exposition and criticism, an introduction to Political Science, and “a set of reasoned conclusions on the more important and fundamental and recurrent topics that might be useful to all who take a rational interest in politics and political questions." The authors are well selected, as having exercised immense influence, and as illustrating "the different schools of political thought," and also the different methods adopted in the examinations of such subjects, from the pure Deductive Method of Hobbes to the Historical Method of Maine. Mr. Graham gives a careful and clear abstract and analysis of the principal works of each of these great men, accompanied with acute criticism. It is particularly interesting to follow him in his comparisons, where, as may be expected, he does not limit his illustrations to the authors we have mentioned, but deals also with Rousseau, Austen, Spencer, and others, and to trace the influence the earlier thinkers exercised on their successors. Mr. Graham does full justice to the genius of Hobbes, when he describes his Leviathan as great book of a great creative intellect in a great century; on the whole, the greatest and most original, as it was the first, work in political and moral science in our literature.” Mr. Graham examines with care the three theories of the famous doctrine of a social contract, namely, tlıose of Hobbes, Locke, and Rousseau, and comes to the conclusion that, “ there was no social contract by which men passed from a state of nature into civil society," but the “ actual social contract is the constitution, together with the fundamental civil laws protecting property and enforcing free contracts.” Burke is treated at considerable length, but on the whole condemned as a reactionary, though not without his uses, “though of the negative order.” Bentham he considers greatest as a law reformer, and a
political reformer, but points out in detail the many weak points in his theory of utility, and condemns his whole theory of morals, as "incoherent, shallow, and fragmentary." Mr. Graham, while paying the highest tribute to the elevated aims and character of Mill, expresses considerable doubt as to the elevating and moralizing tendency of taking part in political or public functions, to which Mill attached so much weight; but we may particularly call attention to the treatment, partly by Mill, and partly by the author, of the probable consequences of attempted Socialistic Legislation, and to Mill's hostility to the payment of Members of Parliament.
We regret that space does not permit us to allude more particularly to Mr. Graham's own opinions; but they are marked by learning, knowledge of history and economics, and solid, sober sense. We can recommend the book to the careful perusal of all “who desire to have a surer grasp of political principles, perhaps better reasons for the articles of their political creed.”
We regret that the author has not thought fit to supply an index to his valuable work.
The Principles of the Interpretation of Wills and Settlements. By Arthur UNDERHILL, M.A., LL.D., and J. ANDREW STRAHAN, M.A., LL.B. London: Butterworth & Co. 1900.
The book undoubtedly supplies a want. The learned authors claim that they have sought “to extract from the mass of authorities a set of broad general principles, and to illustrate these principles by a selection of cases.” These principles are contained in fifty-six Articles, and begin with the most general principles, such as that “words are presumed to have their ordinary meaning,” and conclude with the consideration of “ Covenants to Settle other or after acquired Property.” The general arrangement is that first comes the Article, then the Authorities, frequently in the form of verbal extracts from some leading case, and then follow qualifications, arguments, and discussion of other cases. As might be imagined, some of the most difficult questions arise in the interpretation of Wills, which are subject in many cases to special rules, but after reading the Chapter on “Relationship," we think he would be a bold man who would feel confident of his ability to decide when a testator would be held to have intended “to include illegitimate as well as legitimate relations under a term of relationship," although he will have been given all the assistance that learning and ability can render. We are inclined to agree with the authors in their doubts as to whether some of the cases
would now be followed, notably the case of In re Bolton. Not the least useful part of the work is a glossary, intended for use in cases where no general principle can be gathered, and only references to cases can be offered.
Ruling Cases Arranged, Annotated, and Edited. By ROBERT CAMPBELL, M.A., with American Notes by LEONARD A. JONES, A.B., LL.B. London: Stevens & Sons, Limited. 1899. Vol. xix., Negligence Partnership. 1900. Vol. xx., Patent.
These stately volumes continue to appear with commendable despatch, and with no diminution of the care and learning bestowed upon them. In Volume xix. the subject of Negligence is carried on from the last volume, and the rest is practically taken up with Partnership. The Twentieth Volume is entirely devoted to Patent, and there are to be found cases concerning inventors from Watts to Edison. On this point, as might be expected, the American notes are of great interest, and this is none the less the case when the difference in the law and practice of the two countries is pointed out. There is no reference to the important subject of Compulsory Licences, perhaps because there are no ruling cases on the subject. It is curious to note that in dealing with Negligence the learned editor of the American Notes has had to confess that, as regards the question of liability of contractors, “the decisions in the United States are in a state of inextricable confusion and conflict upon many of the questions arising in the application of the rule.” It is also interesting to note that the American Law does not allow contracting out of Employers' Liability Acts. The value of leading cases on the law of partnership has, of course, been a good deal diminished by the codification of the law by the Partnership Act, 1890.
The Map of Life. Conduct and Character. By William EDWARD HARTPOLE LECKY. London: Longmans, Green & Co. 1900.
Mr. Lecky has selected a curious title, and it is not very easy to see how it is appropriate. The subject of the book is no doubt human life, but it can hardly be said in any sense to map it out, Many of the influences that affect life and happiness are discussed, and much is said that is true, if not quite new, and said with the polished diction and wealth of illustration so characteristic of Mr. Lecky. The part that concerns our readers most is the chapter that deals with “ Moral compromise in the law.” It need scarcely be said that our old friend the Courvoisier Case turns up. No doubt
moral difficulties of that sort may occasionally occur, but they must do so rarely, and we doubt their presenting much difficulty to an honourable advocate, who knows both his duty to his client and to himself. Mr. Lecky quotes Lord Brougham's extreme statement of the duty of an advocate in his speech in defence of Queen Caroline. We much prefer Lord Chief Justice Cockburn's noble reply to a somewhat similar statement by the same noble lord, made at the dinner given to the great French advocate, M. Bereyer, “ The arms which an advocate wields he ought to use as a warrior, not as an assassin. He ought to uphold the interests of his clients per fas, but not per nefas."
First Elements of Procedure. By T. BATY. London: Effingham Wilson. 1900.
Mr. Baty, who is well known as an authority on International Law, and whose interesting contributions to the pages of this magazine are, we are sure, highly valued by our readers, has done good service to the young lawyer, be he barrister or solicitor, by the production of this admirable little treatise on a very intricate, and as presented by the standard works of reference, uninteresting subject. He warns his readers, however, that the book is not intended as a makeshift substitute for those works, but is meant to give the beginner such a grasp of the main features of the subject as will enable its details to be easily and clearly appreciated afterwards. His aim throughout has been to give his readers rather the broad practical effect of the statutes and orders of court, than the precise language of such enactments, omitting points of detail for which the student is referred to the authorities themselves. The result has justified his effort, and to those who wish to gain an acquaintance with the principles which underlie the apparently arbitrary and disconnected rules of practice, instead of committing the rules themselves to memory, we say procure a copy of this admirable little volume without delay.
The Law as to the Appointment of New Trustees. By J. M. EASTON. London : Stevens & Haynes. 1900. Price 7s. 6d.
In spite of the Trustee Act, 1893, the appointment of new trustees is very often by no means a simple matter, and very careful consideration has often to be given to the means by which it is to be effected. Mr. Easton has devoted great ability and learning to a treatise on this one subject, and saved all who may in future be wise enough to consult his work the labour of searching through
many other more ponderous tomes for what they will most likely find here more fully considered. Mr. Easton has not only carefully examined the cases to discover and expound what has been decided, but he has shown great ingenuity in imagining what difficulties may arise, and sagacity in applying principles to their solution. The book is very complete, and contains some useful precedents and the material sections of the Trustee Act, 1893, and the Lunacy Acts, 1890 and 1891.
Privy Council Appeals. By THOMAS PRESTON, F.S.A. London: Eyre & Spottiswoode. 1900.
This book should be invaluable to solicitors who may be concerned in Appeals before the Privy Council. It gives in minute detail all information they require as to the various steps to be taken, formal and otherwise, the fees charged, and costs allowed for printing, examining proofs, etc. All this information is necessary for solicitors to know, and is not very easily to be obtained except by personal application at the office. Mr. Preston, from his long official experience, is pre-eminently qualified to impart such information, and one result, at least, of the publication of his book will be a great saving of trouble both to solicitors and also to the officials of the Privy Council.
The Stamp Laws. By W. J. HIGHMORE. London: Stevens & Sons, Limited.
I 900. The Stamp Laws are not interesting, but it is often necessary to know something about them, under which circumstances one could hardly do better than consult this treatise. Mr. Highmore, from his official position as assistant solicitor to the Board of Inland Revenue, has had special opportunities of becoming familiar with both the law and the practice, and he has here collected all the statutes of importance which impose Stamp Duties, and also those which confer special exemptions. The cases cited are well chosen, and not so numerous as to overload the book, which is excellent in paper and type. If there is a fault to be found, we think the index might have been more complete.
The Annual Digest, 1899. By JOHN Mews. London: Sweet & Maxwell, Limited. 1900.
This Digest contains all the reported opinions of the superior Courts for the past year, as well as a selection of cases from the