Page:The Green Bag (1889–1914), Volume 19.pdf/580

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EDITORIAL DEPARTMENT All this would be done away with should an alienist commission be permanantly estab lished." CRIMINAL LAW (Death Penalty in France). " The Abolition of Capital Punish ment in France," by Maynard Shipley, JulyAugust American Law Review (V. xlv, p. 651). Suggested by the recent report of the French parliamentary committee against the death penalty, this article reviews, its history in France since Colbert's abolition of it in the seventeenth century. CRIMINAL LAW (Scotland). "Insanity and Recent Criminal Practice," by J. Robert son Christie, July Juridical Review (V. xix, p. 165). A discussion of three recent cases, showing the unsatisfactory state of British Law as to insanity, as a defence and in the matter of procedure. DOMESTIC RELATIONS. " The Adopted Son of A Tenant in the Province of Agra," by Indu Bhusan Bose, Allahabad Law Journal (V. iv, p. 199). EASEMENTS. " Innovations on the pre existing Law of India by the Indian Ease ment Acts," by R. B. Mitchell, Madras Law Jonrnal (V. xvii, p. 121). EDUCATION (England). " Possibilities in Legal Education," by Edward Jenks. July Law Quarterly Review (V. xxiii, p. 266). Discussing various schemes for improving English legal education. EDUCATION (England). " Legal Educa tion in London," by Sir. Thomas Raliegh, July Law Quarterly Review (V. xxiii, p. 258). The substance of an address delivered at the opening of the Law Lectures of the Univer sity of London. ETHICS. In The American Lawyer for July (V. xv, p. 326) John C. Mahon discusses "Legal Ethics." Dealing with the defense of criminals he says: "What might be known as the law of extremes appears perpetually in human affairs. Religion, to be sufficiently effective in re straining loose standards of conduct, had to lapse into asceticism; and philosophy, to secure proper respect for individual rights, had to become unduly antagonistic to neces sary restraints of government. The excesses of Socialism neutralize the dangers of Capi talism. "So it would seem to be with a formal denial of the guilt of a confessed criminal, or the exclusion of evidence derogatory to an

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accused person; such legal safeguards are required to be of the strongest kind to effec tively combat legal aggression. If the stout est resistance be abandoned or the slightest failure to take advantage of legal privileges be shown, the tides of law would soon level all barriers. The stoutest resistance, even to the point of violence of truth would seem to be necessary to counteract legal abuses in order to preserve the equilibrium whereby rights are maintained. "Because of the imperfection of men, practices may be justified by legal ethics based upon the requirements of . conditions that violate the absolute right. But the ideal must ever be kept unclouded while submitting to the demands of conditions slowly approximating the ideal." HISTORY. " The Evolution of the Right of Trial," by Hon. H. H. Lurton; Ohio Law Bulletin (V. lii, p. 442). HISTORY (France). " Church and State in France," by John Carmont, July Juridical Review (V. xix, p. 134). HISTORY (Homestead Law). In an inter esting article on " Andrew Johnson and the Homestead Law," Sewanee Review (V. xv, p. 316), Thomas J. Middleton shows through contemporaneous speeches and records that it is most unfair to give the entire credit for this legislation to Mr. Grow, the author of the bill. HISTORY (France). "The Bar In France — Part II.," by E. S. Cox-Sinclair. August Law Magazine and Review (V. xxxii, p. 406). Concluding a history of the French Bar. HISTORY. "The Justice of the Peace: An Historical and Comparative Summary With Special Reference to the Philippines," by Charles S. Lobingier. July Law Quar terly Review (V. xxiii, p. 310). A fourpage article giving a condensed history of the ancient office which, originating in medieval England, went through France and Spain to the Philippines, to be met there recently by the stream that had carried it to America. INSOLVENCY. "The Workings of the Insolvency Law in India," by " X.," Bombay Law Reporter (V. ix, p. 161). INTERNATIONAL LAW. "The Treatymaking Power," by L. Atherley Jones, Law Journal (V. xlii, p. 511). INTERNATIONAL LAW (Declaration of Intent to Change Citizenship). An inter esting paper on an unusual subject is that of