The Green Bag
26
although the statistics are not wholly ex rt of the Commissioner of fewer students in re
“Such diminution in crime as there is, is not due to prisons, police, and punishments, but to the rise in social and humanizing con ditions outside the penal system. Prisons,
medicine, 575 fewer in homceo athic medicine
with their degrading punishments, only further
and 1,408 fewer in dentistry an nine years, ago, whereas, as we have seen, there are
degrade a man, producin
hilarating, yet there were in the past year, as
shown by the re Education, 1,51
5,553 more law students than nine
ears ago.
In fact, the growth in law schoos in that riod has vastly exceeded that in any pro essional schools, except those in veterinary medicine, a comparatively new branch of instruction in which there as been a marked and sudden development." Legal History. "Divorce in Rome." By R. Vashon Rogers, K. C. 29 Canadian Law Times 997 (Nov.). “Not one of the Emperors who busied him self with the matter, undoing the work of his
redeoessors and substituting legislation of is own quite as complicated and futile, thought of interfering with the old principle that divorce ought to be as free as marria e, and independent of the sanction or decree o a judicial tribunal." Legal Philology. “ ‘The French Influence in Braid Scots.‘ " By Charles Menmuir. West minster Review, v. 142, p. 531 (Nov.). "French influence in le al matters is found in the term ‘remeid’ 0
‘law,’ which was
formerly applicable to that practice whereby 'ustice might be obtained by appeal from a ower to a higher court, when the jud ent of the former was considered to be at ault." Marriage and Divorce. "Divorce and Pub lic Welfare." By George Elliott Howard. McClure’s, v. 34, p. 232 (Dec.). “Bad marriage laws are, of course, less
harmful than are marriages biologically or morally bad.
Here, too, the power of the
lawmaker is limited. Yet a bad marriage law will account for divorce in far more cases than will a bad divorce law." See Legal History. monopolies. "The Law as to Combina tions." Memorandum. By Sir John Macdonell. journal of Comparative Legislation, v. 10, pt. II no. 21, N. S., p. 144 (Oct.). "The existing English law as to restraint of trade . . . is tolerably complete and intel ligible as to the interests of private rsons; it is imperfect, undeveloped, and oubtful as to the interests of the public. . . . Reviewing the general tendenc in all coun tries, the author reaches sever conclusions of interest, including the following : "That there is, generally, a tendency to attempt (by legislation or judicial decision) to maintain competition, and to prevent the creation of monopolies by combinations, espe cially as to necessary articles or services." See Industrial Evolution. Penology. "On Reclamation as a Peno logical Method." By Carl Heath. West minster Review, v. 142, p. 515 (Nov.).
fitness, as one of
the reports of the Borstal ssociation has it— ‘for nothing but further terms of imprison ment.’ The fact is, the more severe the punishment, as punishment, the less likely it is to have any efiect in diminishing crime; nay, the very reverse. . . . “Reclamation, as the object to be aimed at in the treatment of every prisoner capable of being reclaimed, is a penological policy at once more reasonable and humane, and vastly more in the interests of an intelligent and civilized community, than the hopelessly inefficient method of punishment—of society conceiving itself to possess some divine attri bute of justice.
For, as Alfred Russell Wal
lace has truly said: ‘We never can know all the com lex forces which drove the guilty man to t e fatal deed.’" "The Secrets of the Schluesselburg." By David Soskice. McClure’s, v. 34, p. 144 (Dec.). Describing Russia's political prison the writer says :—
"The régime and the aspect of the prison had been most carefully thought out and planned, being, as the ministers visiting the Schluesselburg repeatedly declared to the prisoners, intended to demonstrate to them
that it was destined to be their ave. . . . Their food was abominable: brea, half raw, made of rotten flour; and a plate of hot water in which floated a few shreds of meat or the traces of an onion."
Practice. “The Bar in Austria-Hungary." By E. Sv Cox-Sinclair. 35 Law Magazine and Review 42 (Nov.). Two main features distinguish the history of the Hungarian bar;
(1)
the early date at
which the complete status of the advocate was evolved; (2) his extraordinary struggle throughout the centuries for the recognition of Hungarian national rights. See Procedure. Probation. See Juvenile Crime. Procedure. "The Trouble with the Criminal Law." By William Dudley Foulke. Docket, no. 7 (Oct.-Nov.), also Ohio Law Bulletin,
v. 54, p. 458 (Nov. 29). This is an extract from Mr. Foulke's paper on “The Trouble with the Law," read before the Indiana State Bar Association at its recent annual meeting. "What are the technicalities through which the guilty so often escape? Here are a few of them : "First. Every link in the chain of evidence must prove the defendant's guilt beyond all reasonable doubt, and twelve men must concur in having no such doubt. . . . "Second. No man accused of crime can be required to furnish any evidence of guilt against himself. . . .
