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upon the propriety and expediency of putting their children out to nurse, or of consigning them to the custody of their grandmothers, but will at once apply to the sound judicial discretion of that honorable court.

We have heard the blame of the disagreement between the principal parties in this case attributed to the mother of Mrs. d'Hauteville; but, whether truly or not, that lady is at least entitled to be exonerated from the charge of any positive acts, with a view to the separation which took place, so far as appears from the evidence before the court; though it is of course impossible to determine how far she might have been implicated by that part of the relator's evidence which was rejected. Still, we cannot but think the lofty tone of the court, in its exculpation of Mrs. Sears, somewhat ridiculous; seeing that the case was not one of a failure of evidence to support a charge, but a rejection on technical grounds of all the proofs in its favor.

We cannot close this notice, without bearing our testimony to the admirable manner in which the relator's case is presented to the court. The written documents drawn up on behalf of Mr. d'Hauteville, by his counsel, are exceedingly able and eloquent.

2.-A Treatise on the Law of Watercourses; with an Appendix, containing Forms of Declaration, &c. By JOSEPH K. ANGELL. Third edition. Revised and containing references to many new adjudged cases. Boston Charles C. Little and James Brown. 1840.

This valuable work, in its progress to the third edition, has received many additions and much improvement. The plan of it has also been somewhat changed. Having been made the subject of an elaborate article in our journal (vol. ii. p. 25) when it was first published, and having been already sixteen years in the hands of the profession, we shall confine ourselves to briefly pointing out the changes, which it has successively undergone. In the second edition, the work was much enlarged, by the addition of the new cases, by "quoting in frequent instances the precise

language of the court,-and by throwing considerable matter into the form of notes." A new method of considering the subject was also adopted. The alterations of the third edition are thus mentioned by the author.

"In the present edition, very many new cases, it will be perceived, are referred to, which shows that the subject is gaining rather than losing in importance. The plan of the present edition has been slightly altered, and new, and, as the author thinks, more appropriate titles have been given to some of the chapters and sections. What he deems another improvement is, that he has given, in an abbreviated form, in citing American cases, the name of the states in which they were decided, as well as the names of the reporters."

The fact that an American law treatise has reached a third edition is, of itself, a sufficient testimonial both of the necessity of such a work, and of the author's successful execution of his task.

3.-Time and Space in their relations with the Moral and Political Sciences. By Mr. CLAUS, doctor in law, of Frankfort, on the Main. (In French, translated from the German). Paris: Joubert, 1840.

[From the Rev. Etr. and Française, for June, 1840.]

On reading this title, the mind is struck with astonishment; but, when we have run over some of the pages of this bold tract, we perceive that it suggests and puts in motion a whole world of new ideas and of unknown relations. It is nothing less than the existing basis of public and private right, which is modified by the theories of Mr. Claus. Our curiosity being excited in the most lively manner by the author's bold ideas, we cannot but regret, that he does not present us with all their developments, and with a deduction of the practical consequences which he attaches to his short formula,-prior tempore potior jure. Besides a work on the philosophy of law, Mr. Claus is the author of a remarkable dissertation, entitled De natura Delictorum, which, though of a somewhat ancient date, is still cited with approbation in the most recent works on criminal law.

4.-Course of Natural Right, or of the Philosophy of Right, according to the actual State of the Science in Germany. By H. AHRENS, professor of philosophy and of natural right in the university of Brussels. (In French.) Brussels: Adolphe

Wahlen. One volume in three numbers.

[From the Rev. Etr. and Franç. for June, 1840.]

We are somewhat in delay with this work, the first number of which appeared nearly two years since; but this delay has been forced upon us by the difficulty of comprehending the author, and of well appreciating his conclusions. Mr. Ahrens is a learned German, which is a eulogium; but his book, though written in French, is a book after the German fashion, which we hold to be a criticism. The ideas contained in his work are metaphysical,frequently profound; the erudition is immense, the research conscientious; the exposition is painful,-the method uncertain,the style heavy and diffuse. The book has not only many fine qualities, but also defects which weary our patience. Perhaps the rapidity of our examination has prevented us from seizing the didactic merit of the plan of Mr. Ahrens; which, however, we shall proceed to give, agreeing to all exceptions against our judgment. The book contains a general part, and a special part of the philosophy of right.

The general part, which is worked up in a somewhat indigested manner, contains, besides a preface and an introduction,—a critical examination of the doctrines of natural right,—an analysis of the notion of right,-a history,-next a bibliographical history,and, finally, a development of the principle of right in its principal elements.

Several portions of this part are treated with a profoundness and a clearness of view, which are quite uncommon in Germany; but the divisions are not satisfactory, nor are the subjects logically connected together. The mind wanders painfully in the midst of all these things which seem to float about at random, and to unite themselves together, or to separate from one another, without any rational motive.

The special part is divided into three divisions, which are each of them subdivided, sometimes into chapters with parts, and sometimes into parts with sections, which, in their turn, have chapters divided into paragraphs, without reckoning the special introductions and the appendixes, which we do not know where to range. But, in truth, it is inflicting a punishment upon a reader, to divide a book in this manner. It would be much better not to divide it at all; which would at least leave one the liberty of striking out a path for himself to your thoughts, without stumbling every moment among your innumerable lines and stakes.

Mr. Ahrens adopts the definition of right given by Krause, viz. : "the aggregate of the conditions, external and internal, dependent upon liberty, and necessary to the development and accomplishment of the rational, individual, and social destiny of man, and of humanity." This definition is doubtless complete, if it be judged of by its length; but has not Quinctilian said in reference to definitions-"Be clear and brief?"

It is impossible not to be severe upon an author, who seems to take a pleasure in spoiling a book, which gives evidence of long meditations, and who, it must be admitted, marks a progress in the science. Domat confounded right with religion; the socialist school confounded it with morals. Mr. Ahrens fights against a modern tendency equally dangerous, but of a different kind the confusion of right with history. In history we find all the misdeeds that were ever committed; and, in history, there is a sort of prescription in favor of all iniquities and of all errors. We trust that Mr. Ahrens, in a new edition, will render his style accessible and popular; in order that he may not be wanting to his eminently progressive and social understanding.

qualities of a remarkable wriWe have the proof of this in

Mr. Ahrens may aspire to all the ter, if he seriously desires to be so. the third number, entitled-" Theory of the right of philosophical institutions, and of public right,"-in which, setting aside the defects of his plan, we find, though not in a sufficient degree, order in the demonstrations, precision in the terms, and clearness and distinctness in the thoughts.

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QUARTERLY LIST OF NEW PUBLICATIONS.

GREAT BRITAIN.

A Treatise on the Law of Landlord and Tenant, grounded on the text of Comyns, and embracing the important parts of Woodfall and Chambers. By Richard Holmes Coote, Barrister at Law.

8vo.

A Practical Treatise on the Law of Patents for Inventions and of Copyright, illustrated by notes of the principal cases: with an abstract of the laws in force in foreign countries. By Richard Godson, Barrister at Law, M. P. &c. Second edition. 8vo.

A Treatise of the Law relative to Merchant Ships and Seamen. By Charles Lord Tenterden, late chief justice of England. The sixth edition. By William Shee, Sergeant at Law. 8vo.

["This appears to be an ably executed edition."-M. L. M.]

A Digest of the Law of Evidence in Criminal Cases. By Henry Ros oe, Esq. Second edition, with considerable additions embodying all the recent alterations in the law. By T. C. Granger, Barrister at Law. 12mo.

An Historical Sketch of the Law of Copyright, with remarks on Sergeant Talfourd's bill; and an Appendix of the Copyright Laws of Foreign Countries. By John J. Lowndes, Esq, special pleader.

8vo.

Points in the Law of Discovery. By James Wigram. Second edition. 8vo.

An Examination of the Rules of Law respecting the admission of Extrinsic Evidence in aid of the Interpretation of Wills. By James Wigram. Third edition. 8vo.

The Principles of the Law of Real and Personal Property, being the second volume of Blackstone's Commentaries, incorporating the alterations down to the present time. Second edition. By James Stewart, Barrister at Law. 8vo.

A Summary of the Doctrine of the Courts of Equity with respect to Costs, deduced from the leading cases. Beames, Esq. Second edition. 8vo.

By John

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