Page:The Green Bag (1889–1914), Volume 17.pdf/694

 EDITORIAL DEPARTMENT CONSTITUTIONAL LAW. "The Constitu tional Discretion of the President," by Hon. C. A. Gardiner, ATcw Jersey Law Journal (V. xxviii, p. 261). CONSTITUTIONAL LAW (See Jurisprudence).

CONTRACTS (Interpretation of Promise). The second number of the new Calcutta Law Jour nal (V. i, p. pn) contains an interesting dis cussion of the theory of contract entitled "In terpretation of Promise," by Priya Xath Sen. The author contends that the accepted rule of interpretation of promise from an exclu sively objective standpoint or the interpreta tion that a reasonable man will put upon the promise under the circumstances of the case reaches undesirable results in certain cases. Nor does he entirely agree with Paley's subjective standpoint, namely, "the sense -in which the promisor believed that the promisee accepted his promise." He agrees with Pol lock's criticism of this that where the prom isee's real expectation differs from the sup posed expectation, the promisor should not be absolved from a more onerous obligation on the plea that he did not understand that that expectation was being entertained by the promisee. The author would apply the test of the expectation entertained by the prom isee when it is that of a reasonable man. Where the expectation entertained by the promisee is less advantageous to him than what the promisor understood his expectation to be on Paley's theory, the promisor would be bound to confer a greater advantage. The author argues that while "misapprehension of the promisor may not be regarded as furnish ing a proper measure of his legal obligation when it appears that the expectation induced by him was different, . . . the interpretation that could be placed on the promise of a reasonable man should not be held to debar the promisee from claiming at least as much as he really expected, if it falls short of what the promisor intended to confer, merely be cause another man more considerate or less sanguine than himself would not have ex pected as much." In cases where the real expectation of the promisee coincides with what the promisor supposed it to be, the author believes that Paley's rule furnishes a correct solution. He finds support for this view in a recent English decision.

663

The author meets the objection of lack of uniformity by insisting that "in the complex ity of human affairs mere simplicity is not the true test to determine the correctness of a rule of law." He also says, "no doubt jur isprudence is not psychology; bvit it should should not ignore psychological states, in so far as they are capable of being proved with practical certainty, when sound morality de mands that they should not be ignored." CONTRACTS (See Sales). CRIMINAL LAW. "Abolition of Capital Punishment in Switzerland," by Maynard Shipley, American Law Review (V. xxxix, p. 734). CRIMINAL LAW. "Christian Scientists and the Law," by Walter Mills, Canadian Law Review (V. iv, p. 435). CRIMINAL LAW (Medical Jurisprudence). "Medico-Legal Aspect and Criminal Procedure in the Poison Cases of the XVI Century," by Charles Greene Cumston, Medico-Legal Jour nal (V. xxiii, p. 173). ECCLESIASTICAL LAW. "Doctrinal Sub scription in the Church of Scotland," by Chris topher N. Johnston, Juridical Review (V. xvii, p. 201). EDUCATION (Scotland). In the Septem ber Juridical Review (V. xvii, p. 240), appears an interesting article on "Legal Education," by Prof. N. J. .D. Kennedy, which emphasizes the differences still existing between the method of training lawyers in Scotland and those in favor here. He presents convincing arguments of the high qualifications that should be required of a lawyer and shows that they are not limited to merely legal learning. The state is entitled to look to lawyers for services outside the strict limitations of their profession. From this he argues the necessity of university training. He also shows that the old system of apprenticeship under modern conditions is as ineffective for the purposes of training in that country as in this, and insists that a law school education is essential. HISTORY (French Code). Sir Courtenay Ilbert discusses "The Centenary of the French Civil Code," in the Journal of the Society of Comparative Legislation (No. xiv, p. 218). The origin of this, he says, was due to the "intolerable practical inconveniences which arose from the coexistence of several different