Page:The Green Bag (1889–1914), Volume 21.pdf/308

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

Review of Periodicals require that the belligerent's notification of blockade should specify, by latitude and longitude, or in some other way, a zone (not necessarily a narrow zone) within which the blockading force would operate in its mainte nance of the blockade, and entry into which would subject all vessels to capture and con demnation unless it could be clearly proved that they were not attempting to enter the blockading port." See Reprisals. Codification. "Judiciary and Statute Law." By Julius Hirschfeld. Journal of Comparative Legislation, no. xx, p. 322 (Apr.). "The fundamental rule for drafting those codes [the Sale of Goods Act and similar statutes], as laid down by the late Lord Herschell, was a strict adherence to the judi ciary law, avoiding all and any attempts at altering and improving—the latter process to be left to the legislature. Now, considering the hurry of political life, one cannot wonder if lacuna remain and amendments go astray. Codifications on a large scale would of course, at the outset, have to go unhampered by such restrictions and to work in a progressive and reformatory spirit." Switzerland. "Report on the Swiss Civil Code of 1906." By Carl Wieland, LL.D., of Basle. Journal of Comparative Legislation, no. xx, p. 349 (Apr.). Comparative Jurisprudence. "A New Era in Legal Development." By Hannis Taylor, LL.D. 189 North American Review 641 (May). "After thirty years of study in compara tive law, the idea dawned upon me . . . that a world-wide fusion is now going on ... in the blending of Roman and English law. . . . After centuries of growth Roman public law, constitutional and administrative, perished, leaving behind it the inner part, the private law, largely judge-made, which lives on as an immortality and universality,—as the fittest it survives. In the same way and for the same reason, English public law, the distinc tive and least alloyed part of that system, is living on and expanding as the one accepted model of popular government." The Journal of the Society of Comparative Legislation, New Series no. xx, v. ix, pt. 2 (Apr.). This number, consisting of nearly four hun dred pages, contains much important matter belonging to the sciences of international law and of municipal law or, as Professor Westlake would prefer to term it, national or state law. The number contains the following articles. For some of the more important of them, see under the headings Blockade, Codification, Domicile, Government, Pap acy:— "The Rt. Hon. Lord Justice Kennedy: Por trait and Biographical Notice."

285

"Merchant Shipping Legislation in the Colonies." By A. Berriedale Keith. "The Great Jurists of the World: VII, Vico." Part 2. By Michael H. Rafferty. "Some Points in the Law of Blockade." By Lord Justice Kennedy. "The Papacy and International Law." By A. Pearce Higgins, LL.D. "Trade Domicile in War: A Reply." By Prof. J. Westlake, K.C., LL.D. "Judicial Appeals in the Commonwealth." By A. Berriedale Keith. "The Great Jurists of the World: X, Richard Zouche." By Coleman Phillipson, LL.D. "Roman-Dutch Law in the Law Reports." By Prof. R. W. Lee. "The International Law Association at Pesth." By T. Baty, D.C.L. "Judiciary and Statute Law." By Julius Hirschfeld. "The New Turkish Constitution." By Nor man Bentwich. Following the articles is a section of two hundred pages reviewing the legislation of 1907 in China, Egypt, France, Germany, Sweden, Switzerland, United States (state legislation only), United Kingdom, British India, Eastern Colonies, Australasia, South Africa, West Africa, East Central Africa, South Atlantic, North American Colonies, West Indies, and Mediterranean Colonies. Sir Courtenay Ilbert, who also prepares the im portant section on British India, contributes an introduction. Adoption. "An Example of Legal MakeBelieve— III-VI." By P. J. HamiltonGrierson. 21 Juridical Review 17 (Apr.). This article, following one in 20 Juridical Review 32-46 dealing with the form of adop tion, treats of the purposes and effects of adoption, and contains much information about the custom of adoption as practised among many barbarous peoples. Baganda. "The Clan System, Land Tenure, and Succession Among the Baganda." By W. Morris Carter, Judge of H. M. High Court, Uganda. 25 Law Quarterly Review 158 (Apr.). A valuable article on the customs and tenures of one of a Bantu-speaking division of the negro race inhabiting a portion of the Uganda Protectorate lying north of the Vic toria Nyanza. England and Scotland. "English Law in Scots Practice—II, Error, Partnership, Sale." By Hector Burn Murdoch. 21 Juridical Review 59 (Apr.). "It is in the spheres of Contract and Delict that English authorities are chiefly con sulted. These articles may supply at least some serviceable danger-signals upon points where similarity between the two systems is apt to be deceptive." United States. "State Legislation." By R. Newton Crane, of the Middle Temple.