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war in the United States, but by far the greater number of them have been suggested by the constantly recurring revolutions of the republics of South and Central America. The case of the Peruvian warship the Huascar which mutinied in the interest of Don Pierola, has found its way into all the text-books; but, in scores of cases which have attracted no attention on this side of the Atlantic, it has been necessary for the jurists of l'Amérique latine' to apply the principles of international law to new problems. Dr. Wiesse has done good service by supplying well-ordered information as to a number of obscure controversies, and the mode in which they have been disposed of by diplomacy. A committee of the ‘Institut de Droit International' is now studying the question of the Devoirs et droits des puissances étrangères et de leurs ressortissants, au cas de mouvement insurrectionnel, envers les gouvernements établis et reconnus qui sont aux prises avec l'insurrection.' It will be interesting to compare the views of Dr. Wiesse with those which may ultimately commend themselves to the Institut.


Gioranni Baviera : Le due scuole dei giureconsulti romani. Firenze :

Fratelli Cammelli. 1898. 8vo. xiv and 141 pp. (L. 2.50). Dr. Baviera is the latest champion who has gone up to wrestle witli the still unsolved problem which has been called the Sphinx-riddle of Roman legal history. The origin and relations of the Sabinian and Proculian schools have been the theme of dissertation upon dissertation, and hypothesis upon hypothesis ; and the lack of definite result makes it now plausible to suggest that if so many able men equipped with all the resources of learning have failed to make any great discovery, it was not by want of penetration but by excess of ambition, and that in fact there was not so much to be discovered as they thought. Such is in effect Dr. Baviera's line of argument; and his conclusions are mostly negative.

He holds, first, that Labeo was not really the founder of one school more than of the other. A man of Labeo's genius could not be neglected by any school.

Secondly, th names • Sabinian' and 'Proculian' are of no great antiquity : they are later than Gaius at any rate, and interpolation may be suspected in the apparently earliest mention of them in the Corpus Juris.

Thirdly (agreeing herein with some of his weightiest predecessors), Dr. Baviera finds that a careful examination of the recorded points of difference between the two schools affords no evidence of any systematic opposition in principle of Sabinians as conservative, or literalist, or naturalist' to Proculians as progressive, or rationalist, or 'idealist,' or otherwise.

Fourthly, he thinks that what really happened was that there were two traditional and renowned schools (as we may be said to have here a Davidson and a Prideaux school of conveyancing) whose leading members usually had the ius respondendi; that members of both schools were often naturally consulted on unsettled points, and naturally sometimes gave conflicting opinions, as experience shows to be inevitable in any country having a developed system of law; and that, when such differences occurred, they were carefully recorded by text-writers, Gaius for example, on account of their practical importance. It is hardly needful to add that Gaius, or any other writer, would naturally prefer the opinion in which he was himself trained--as naturally as in the chambers of a pupil of Davidson's you expect to find that Davidson and the books founded on Davidson are the working models.

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We have tried to state Dr. Baviera's theory in a form intelligible to English readers. It is not for us, in a country where the serious students of Roman law may almost be counted on one's fingers, to presume to pass a definite judgment where so many eminent masters have expressed the most widely divergent opinions.

The book is lucidly and pleasantly written: one alarming word, 'Suazionalizzazione,' seems intended only as a forced equivalent of 'Entnationalisierung.' Dr. Baviera speaks of 'la gloriosa Università di Bologna' with a charming piety which the colder genius of modern English prose forbids Oxford and Cambridge men to imitate.


The Housing of the Working Classes Act, 1890, and Amending Acts.

By CHARLES E. ALLAN, assisted by FRANCIS J. ALLAN. London :
Butterworth & Co. and Shaw & Sons. 1898. 8vo. xlviii and

214 pp. (78. 6d.) This book contains the small group of Acts relating to the housing of the working classes together with the statutory forms and the instructions of the Local Government Board. The introduction contains a clear and concise, but not very accurate, summary of the leading provisions of the statutes. This part of the work would have done greater credit to the authors if more pains had been bestowed on the literary style and the revision of proof-sheets. Blunders, some of which we charitably attribute to the printer, are unusually abundant. Ample notes follow each section, and there are plenty of cross-references to show the reader his way from one section to another, Authorities are not in every case given for the authors' statements, but any defects of this kind are fully compensated for by the practical information and clear directions they contain. The notes appear to be just what a medical officer of health or a clerk to a district council will want.

We should have thought that the work might have been rendered more complete by the inclusion of the group of sections relating to lodginghouses in the Public Health Act, 1875, and the unrepealed sections of the Housing of the Working Classes Act, 1885. The reasons given for their exclusion appear

to us insufficient. The policy of the Acts under consideration is of some interest from & sociological point of view. They are a striking example of the immense extension of the functions of government that has taken place in the present generation. We no longer trust to competition as a sufficient force to ensure suitable provision of cheap dwelling-houses; nor do we find the powers of the common law strong enough to prevent nuisances. Local authorities have been clothed with extensive powers, unknown to the common law, for compelling the abatement of nuisances; and they are enabled to become owners of town sites on a large scale and enter into competition with private persons in the erection of houses and lodgings for the working classes.

Principles of the Law of Consent. By HUKM CHAND. Bombay: Education Society's Press. 1897. La 8vo.

20 and 581 pp. It is to be feared that the author of this work has overshot his mark in attempting to treat the legal view of Consent as a whole. In dealing with contracts and torts he obviously lets in the whole learning on those subjects, VOL. XV.



and is accordingly forced to confine himself to such topics as Waiver, Mistake, and sc forth. In dealing with Consent as applied to criminal law he is engaged on more profitable ground, as he is at least free from any obligation to consider offences against the state. Unfortunately his great industry and wide knowledge are not accompanied with a sufficient grasp of his subject to produce much valuable work. The reader is confronted with undigested excerpts from frequently conflicting authors, and if he has the misfortune to have confined his attention almost exclusively to English law, he is likely to be confounded by the quotations from foreign codes and publicists. Looking at the matter in more detail, and from an insular point of view, it seems absurd to talk of consent in larceny, when it is synonymous with mistake; it is rather surprising to read that it is often maintained that absence of consent is not an essential element of assault in English law, and still more startling to find it laid down that the same is the case with rape. Consent as affecting jurisdiction seems to open up a more profitable field; but here too the reader is apt to come to the conclusion that Mr. Chand's learning is wide rather than profound.

Jurisprudence: its place in the new Curriculum. An introductory

lecture delivered to the class of Jurisprudence in the University of Glasgow. By William GALBRAITH MILLER. Edinburgh :

James Skinner & Co. 1898. 8vo. 15 PPThe University of Glasgow is starting with a new curriculum framed by a Commission. Jurisprudence-not otherwise defined - becomes more prominent. Mr. Miller's point is that an elementary course of “Jurisprudence' should not be in the air, but should follow the outlines of an actual system of law, that of the student's own country by preference. "To teach Jurisprudence in general without teaching actual law is like teaching botany to a person who never saw a flower. Comparative and historical developments, and the more difficult problems of the philosophy of law, should be reserved for an advanced course. We entirely agree.

Transactions of the International Association for the Protection of

Industrial Property. Vol. I. 1897. London: Bankes & Co.

8vo. 266 pp. The International Association for the Protection of Industrial Property is the outcome of the German-Austrian Conference for the Protection of Industry held in 1896. The Association, although founded so recently, already bas an imposing list of British and Continental members. The first meeting of the Committee was held in Brussels, in May, 1897. At this meeting the President (M. Pouillet), in his opening address, summed up the objects of the Association as follows: What the International Literary and Artistic Association has done for artists and authors, that we aim at for inventors and manufacturers and traders, in the hope that we may succeed, by gradual improvement of the laws of various countries, in arriving finally at the development of a unified law. ... To protect the inventor, to protect the inventor everywhere and in the same way—that is our aim. The Association held its first Congress in Vienna, in October, 1897, under the Presidency of Prof. W. F. Exner. The Congress, among other proceedings, discussed the reports of Mr. J. F. Iselin on Indications of Origin'; Dr. R. Wirth on The Protection of Inventions'; Mr. Wauwermans on * The Protection of Designs'; Mr. J. von Schütz on Compulsory Working ';


and Dr. Allart on · Unfair Competition.' These papers are now printed in the first issue of the • Transactions' of the Association, to which is added a polyglot appendix of further papers on Inventions and allied subjects.

We have also received :

The Law of Wills for Students. By MELVILLE M. BIGELOW. Boston, Mass. : Little, Brown & Co. 1898. 8vo. xxxii and 398 pp.—This little book is primarily written for American students, but English authorities are extensively cited, and we think the book will be found as useful on this side of the water as Mr. Bigelow's companion work on Torts, of which, besides three American editions, an English edition has been published by the Cambridge University Press. In the Preface to his latest work, Mr. Bigelow says that the book ' agrees with those who find an important place for legal theory in education for the bar. Chapter I, largely on the theory of wills in relation to the state, and Chapter XIV, largely on the theory of construction, are only more express examples, because of their relative and intrinsic importance, of what more or less runs through the book. Whatever mode of instruction is pursued ... the doctrines of the law should, I think, be taught in direct comexion with and in the light of legal theory. This book is written in great part to enforce, and in some small way to illustrate, that idea.' Mr. Bigelow acknowledges his obligation to Jarman on Wills, of which he edited an American edition. We could wish the book to be reproduced here with any needful supplement for English students. The method of good American text-books at this day, which is not quite the same as ours, certainly deserves our attention.

The Law specially relating to Tramways and Light Railways. By SEWARD BRICE, Q.C. London : Stevens & Haynes. 1898. 8vo. xxxiv and 487 pp. (128. 60.)—Mr. Seward Brice describes this book as an attempt ... to supply a manual of the law relating to Tramways and Light Railways, with a selection of precedents and forms which, if not exhaustive, will afford assistance in most cases.' Such a very modest programme is likely to be more than realized. So far as we can see the book appears to be workmanlike and useful. It is divided into four parts. Part I deals with the nature and constitution of Tramway and Light Railway Companies, Part II contains an annotated reprint of the Tramways Act, 1870, and the Board of Trade Rules and Regulations thereunder. Part III sets out the Light Railways Act and Rules of 1896, while Part IV consists of precedents of forms of Tramway and Light Railway Orders, special clauses in Acts and Orders, agreements for the construction of tramways and light railways, conveyance and leasing of tramways, purchase of lands, and the like. Any one in search of an out-of-the-way precedent relating to the construction or working of a tramway or light railway is not likely to consult Mr. Brice's book in vain.

Ruling Cases. Arranged, annotated, and edited by ROBERT CAMPBELL. With American Notes by IRVING BROWNE. Vol. XVI. Larceny Act to Mandate. London: Stevens & Sons, Lim. Boston, Mass.: The Boston Book Co. 1898. La. 8vo. xxx and 806 pp. (258. net.) — The important subjects of Limitation of Actions and Local Government occupy rather more than two-thirds of this volume of Ruling Cases. The other subjects dealt with are Larceny Act, Lease, Licence, Lien, Lunacy, Malicious Prosecution, Mandamus, and Mandate.

But we

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Outlines of Common Law specially prepared for students. By MARTIN ELLIOTT. London: Stevens & Sons, Lim. 1898. 8vo. xxiii and 336 pp. (108. 6d.) This book seems intended as a companion and reminder, to be used concurrently with fuller text-books, and (we hope) with the reports of leading cases—not as a substitute. So far as we have examined it, the quality of the work is good, and the statements of law as clear as the necessary condensation admits. On p. 4 there is a surprising slip (no doubt of the pen only) about Lord Campbell's Act; as the book is meant for beginners, correction should not be delayed.

A Compendium of the Law of Torts specially adapted for the use of students. By Hugh FRASER. Fourth Edition. London: Sweet & Maxwell, Lim.; Reeves & Turner. 1898. 8vo. xxx and 210 pp. (68.)—This useful manual has reached a fourth edition. Mr. Fraser refers to Allen v. Flood as shortly as possible for the points which it settled, and, we presume in deliberate mercy to beginners, does not say anything of the many points which it left unsettled or even less settled than they were before. are not sure that it is fair even to beginners, since Allen v. Flood, to state the doctrine of Lumley v. Gye and Bowen v. Hall as being clear law.'

Malice as an ingredient of a civil cause of action (Allen v. Flood). A paper read before the American Bar Association, Aug. 17, 1898, by L. C. KRAUTHOFF. 8vo. 56 pp.—This paper consists of a careful exposition of Allen v. Flood, with comparison of the best American opinions. The author concludes that the decision of the House of Lords is correct in principle, and ought therefore to be followed in all jurisdictions administering the common law. We have no right to assume that all American lawyers will agree, knowing as we do that opinion has been much divided here. But, if only for the sake of uniformity and certainty, we hope Mr. Krauthoff's opinion may prevail.

Introduction to the Study of Law. By Edwin H. WOODRUFF. New York: Baker, Voorhis & Co. 8vo. 89 pp.—Prof. Woodruff of Cornell University has produced a concise, neat, and accurate handbook which will doubtless be widely used in America. Some young English lawyer might do much worse than adapt it with the author's consent, which we presume would not be difficult to obtain, to the use of English beginners.

Elementary Law for the General Public. By AMHERST D. TYSSEN, D.C.L. London : Wm. Clowes & Sons, Lim. 1898. 8vo. vi and 194 pp. (58.)—This book is written for persons who are not lawyers and do not intend to be such.' That being so, the law contained in it is naturally quite elementary; and it deals, for the most part, with subjects of commercial and real property law likely to be of service or interest to laymen. The total omission of criminal law and the law of family relations is not in any way explained, nor is the arrangement of the contents, which has no visible connexion with any other actual or proposed arrangement of the law that we have ever seen. As it was thought needful to explain in the Preface the nature of references to decided cases, we think it would have been worth while to go a step further and give an explanatory table of references. To the ordinary lay mind ‘13 C. B. N. S.' (p. 24) and ‘H. L.W.N' (p. 108) convey nothing, and it is rather unkind to refer the uninitiated reader to a printed list in a law library. Mr. Tyssen disclaims any attempt to make every man his own lawyer. On the whole we think the book will be useful to those for whom it is intended.

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