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two, — probation, and the adjudication of disputed cases. Probation is a matter of administration and loses in efficiency when yoked to the judicial function. It properly belongs to the educational system in which it should form one link in a chain of many institutions calculated to care for all manner of children from prodigies to idiots. The judicial function is also misplaced in the Juvenile Court. It is bad in theory because the court is in reality adjudicating the rights of the parents to the child, not the rights of the child itself; it is bad in practice because the court is hampered by lack of jurisdiction over all the domestic relations. The judicial function should be given to a Domestic Relations Court of wide powers.
Thus is the Juvenile Court weighed and found superfluous, and its powers divided between the educational system and a greater court. The division would bring about a harmonious adjustment. The educational system would have complete control of every child, and only disputed cases would be brought into court. The judge would have full powers to make a satisfactory disposition of the case. To this analysis and its deductions it would be difficult to urge any substantial objection. Indeed, the only source of wonderment is that it has not been advanced, as an entire program, many years ago. Probably the only explanation is historical. When the idea that we were mishandling our juvenile delinquents first transcended the minds of sociologists and found lodgment in the minds of laymen and humanitarian lawyers, the latter, in the characteristic American way of attacking cases and not problems, looked about for something concrete. The criminal court, because of its dramatic position, its brutality, its stigma, and the odor of common-law crimes clinging to it, proved to be the first guilty victim. There was no other court to take its place in the handling of juvenile delinquency. This led to the establishment of a separate juvenile court, and its judge was appointed custodian of the sacred milk of human kindness. This new function required the aid of deputies to see that it was wisely and properly dispensed, and so arose the system of official probationers. It is difficult to show cause why this purely historical union of judge and probationer should not be dissolved.
Professor Roscoe Pound has called this age a period of unificațion of the social sciences. In advocating the articulation of the educational agencies and the concentration in one court of all matters pertaining to the family, Mr. Eliot has read aright the spirit of the times. And inasmuch as the subject dealt with is one that vitally affects the future citizenship, for even the most cynical Italian criminologists agree that the juvenile can, in part, be molded anew, — his book adds importance to wisdom. It is a valuable contribution.
H. B. E.
YEAR BOOKS OF EDWARD II; Vol. VI, 4 Edward II, A.D. 1310-1311. Edited
for the Selden Society by G. J. Turner. London: Bernard Quaritch.
1914. pp. cii, 228. After an interval the Selden Society returns to the Years of Edward II. This volume (being three years delayed in publication, for it is the volume for 1911) carries us a half-year farther on the slow journey through the reign. The text of the Selden Society's publications has long since come to seem less important than the introductions. So long as the introduction was Maitland's this was natural; and since his death the tradition continues in existence.
Mr. Turner, who carried the last volume of Maitland's work through the press, here undertakes the entire labor of editing. The text appears to be carefully formed by a collation of the manuscripts, the apparatus is ample, and the translation accurate and readable. These good qualities we have been accustomed to find in “Maitland's Year Books."
In this volume, Mr. Turner, as we might have expected, makes an especially careful study of the various extant manuscripts. In particular, he compares the manuscripts of the first few years of the reign for the purpose of discovering their mutual relations and the identity or otherwise of their originals. This comparison is carried out in the minutest detail, with patience and authority; and doubtless Mr. Turner's conclusions are well warranted. Future commentators on the early Year Books will not need again to repeat his laborious work.
The principal part of Mr. Turner's introduction is an attempt to establish what he calls the “pamphlet theory”. of the origin of the Year Books. He takes up, first, the old question, whether there were, as Plowden and Bacon and Coke say, official reporters who reported the cases now in the Year Books. His chief argument in favor of the old story is that “we can scarcely reject it as worthless” when we find it “accepted by Coke as well as by Bacon,” though, as he admits, Coke and Bacon accepted it, a generation later, on Plowden's assertion, an argument which will not approve itself to most lawyers to-day.
As to the “pamphlet theory” itself, Mr. Turner makes out a fairly strong case for his theory that the reports were issued term by term, then gathered together by years, and finally, after the immediate value of the reports as pictures of living law had passed, were collected and copied by reigns by the few persons who as profound students of law cared to know the doctrines of the past. This theory seems compatible with any of the theories as to the origin of the Year Books which have heretofore been suggested.
We thank Mr. Turner for interesting and valuable addition to the Year Book series.
J. H. B.
SELECT BILLS IN EYRE, A.D. 1292–1333. Edited for the Selden Society by
William Craddock Bolland. London: Bernard Quaritch. 1914. PP.
lxiii, 174. In the second volume of his Eyre of Kent, 6 & 7 Edward II, Mr. Bolland discussed the nature of Bills in Eyre. The subject is one not merely of historic interest, but of present value as shedding light upon the problem of simplicity and informality in pleading. In this new volume Mr. Bolland returns to the subject, and prints a most excellent collection of bills, accompanied by the extract from the Eyre roll, and followed by a valuable glossary.
The bills were concerned with abuses of all sorts: non-payment of debts, breaches of contract, trespass, imprisonments, abductions, conspiracies, and miscellaneous wrongs. Pecuniary damages are sought, but injunctions also are requested. In fact, the Eyre seems to have constituted an embryonic court of equity. “The Justices in Eyre were more amply clothed with the King's persona than ever was a Chief Justice sitting in King's Bench. All that the King could do to right wrong his Justices in Eyre could do” (p. xvi.) The editor concludes, therefore, that the Bills in Eyre were prayers addressed to the extra-legal discretion of the Justices, who could thus remedy abuses that could not be reached by the common law. The introduction contains an interesting summary of the proceedings. For students of the social and economic history of the times, these bills are valuable authority:
In his introduction Mr. Bolland also considers the derivation of the word "bill,” which he believes to be a shortened form of libellus, a document; and discourses briefly on the delivery of Bills in Eyre, of failure to prosecute, of the indorsement on the bills, and of the French of the bills.
The volume confirms the opinion that Mr. Bolland is a worthy successor of Maitland in the study of medieval legal documents.
J. H. B.
COMPILED STATUTES OF THE UNITED STATES, 1913. Compiled by John A.
Mallory. St. Paul: West Publishing Company. 1914. In five volumes.
pp. ciii, 5686. This work, like the Compiled Statutes of the United States, 1901, takes as its main structure the Revised Statutes of 1874. Following closely the headings of the titles, chapters, and sections in that revision, the compiler has inserted in their appropriate places, so far as this was possible without changing the wording of the statutes, all subsequent enactments. Provisions relating to new subjects of legislation have necessarily been placed under new titles, and chapters made to accord with the general scheme of the original structure. The new compilation thus formed contains all the laws, general and permanent in their nature, in force December 31, 1913. In harmony with its character as a work for convenient reference, all provisions which are local, special, temporary, or obsolete are omitted from this compilation, and all amendments are, so far as possible, incorporated into the text of the original acts. Copious annotations under the various sections, however, explain such omissions and either indicate the purport of the omitted language or refer to the provisions themselves in the Statutes at Large. Cross references to related, similar, or conflicting provisions are also of value in following the course of legislation upon any subject. The full and careful index in the fifth volume includes, besides the customary subject index, a cross index to the sections of the Revised Statutes of 1874, with a list of all amendments, repeals, etc., a chronological table of laws, a list of the provisions omitted from the compilation, with references to the Statutes at Large, and a table of acts cited by their popular names. As a work of convenient reference the compilation is certainly of great value, and the compiler deserves praise for his careful and thorough execution of it. Moreover, the publishers propose to keep this compilation up to date by publishing from time to time in the advance sheets of the Federal Reporter all Acts of Congress of a general and permanent character classified according to the divisions of the Compiled Statutes.
BARTOLUS ON THE CONFLICT OF Laws. Translated by Joseph Henry Beale.
Cambridge: Harvard University Press. 1914. pp. 86. THE BILL OF LADING. By W. P. Bennett. Cambridge: Cambridge Uni
versity Press. 1914. Pp. viii, 101. THE FORMAL BASES OF LAW. Modern Legal Philosophy Series. Vol. X. By
Giorgio Del Vecchio. Translated by John Lisle. Boston: The Boston
Book Company. 1914. Pp. lvii, 412. A HISTORY OF FRENCH PUBLIC LAW. The Continental Legal History Series.
By Jean Brissaud. Translated by James W. Garner. Boston: Little,
Brown and Company. 1915. pp. lviii, 581. INCOME TAXATION UNDER FEDERAL AND STATE Laws. By Henry Campbell
Black. Second Edition. Kansas City: Vernon Law Book Company.
1915. pp. xxxvii, 865. THE INDIVIDUAL DELINQUENT. By William Healy. Boston: Little, Brown
and Company. 1915. pp. xvi, 830. LEGAL PRINCIPLES OF PUBLIC HEALTH ADMINISTRATION. By Henry Bixby
Hemenway. Chicago: T. H. Flood and Company. 1914. pp. xxxvi, 859.
MENS REA. By Douglas Aikenhead Stroud. London: Sweet and Maxwell.
1914. pp. xxxiv, 352. THE PAN-ANGLES. By Sinclair Kennedy. New York: Longmans, Green
and Company. 1914. pp. ix, 244. PRINCIPLES OF COMPANY LAW. By Alfred F. Topham. Fourth Edition,
London: Butterworth and Company. 1914. pp. xl, 376, 41.
WHAT might be called inviolability of the spiritual person is
of no less importance, although much more difficult to secure legally. Men will fight in defense of their honor no less than in defense of their physical persons. Hence the most elementary of social interests, the interest in general security, demands that the one individual interest be secured no less than the other and for much the same reasons. The exaggerated importance of individual honor in primitive and in pioneer society illustrates this. In a condition of feeble law adequate securing of this interest, which is difficult to secure through law under any circumstances, is quite impossible, and the insistence of the individual on protecting and vindicating it for himself becomes a serious menace to the peace and order of society.
In determining the nature and extent of the individual interest in honor it is important to distinguish this interest from the individual interest in reputation as a part of one's substance or, in
70 Westermarck, Origin and Development of the Moral Ideas, ch. 32; Post, Ethnologische Jurisprudenz, II, 8$ 17, 103; Binding, Die Ehre und ihre Verletzbarkeit; Hess, Die Ehre und die Beleidigung; Eiselen, Wesen und Wert der Ehre; Sandoz, De la protection du point d'honneur; Bosc, Essai sur les éléments constitutifs du délit civil, 206 ff.; Bower, Code of Actionable Defamation, app. iii. I am indebted to Professor E. R. Thayer for many suggestions in connection with this section.