Page:The Green Bag (1889–1914), Volume 21.pdf/492

 Review of Periodicals

463

is it of such peculiar construction as to be of living on and expanding as the one accepted value only to the particular person ordering model of popular government.' There is noth it?" ing particularly new in the description of Rome as the law-giver of the world, or of England as Status. See Race Discrimination. the mother of Parliaments; and it is a gross South African Union. Edinburgh Re exaggeration of these commonplaces to lay view, v. 210, p. 1 Quly). down as a general proposition, applying with The disposition in England seems to be in out qualification to Continental Europe and the main, to take an encouraging view of the Latin America—that 'the outer shell of the new political entity in process of formation state, the system of Parliamentary govern ment, is purely English through deliberate and in South Africa. In an able historical treat recent imitation, while the interior core of ment of the whole movement, we read:— "Unification had much to recommend private law is essentially Roman.' But even if the thesis were as new and true as its author it. .. . The comparative failure of Presi dent Roosevelt's campaign of reform in believes, what relevancy has it to the charge that he has helped himself without proper America was attributed largely to the ineffec tiveness of the federal authority against the acknowledgment to the ideas and phrases of power of the states, which at times seemed others? The man who is capable of original to render all improvement and even all work has least excuse for copying." vigorous administration impossible. ... In Torrens System. "The Torrens System in the United States, Alexander Hamilton's Ontario." By A. McLeod. 29 Canadian Law efforts to secure closer union were thwarted by state jealousies, for which the country had Times 695 July). to pay by the bloodiest war of modern times, "It is too late in the day to advance any and is still paying even today by an unneces argument in favor of the Torrens system, sary weakness of administration. . . . it is now classified with the proven things. "The war [in South Africa], as we believe, The advantages of it in Ontario would be cleared away forever some serious obstacles enormous." to the union of the two races, and many of Tort. "English Law in Scots Practice; the rest were removed by the grant of respon sible government so promptly, so boldly, and III, Tort and Reparation Generally." By so unreservedly by Sir Henry Campbell-Ban- Hector Burn Murdoch. 21 Juridical Review nerman's Ministry. This gift has also con 148 (July). firmed the loyalty of South Africa." "Scots Law recognizes that there are wrongs Similar cordiality toward the new Union of without a money standard, and, as a com South Africa is expressed in the following:— prehensive rule, that a person suffering an injury of this description is no less entitled "The South African Union." Anon. Black to ordinary redress. On the other hand, wood's, v. 186, p. 284 (Aug.). English Law does not admit this general "When one party in the state claims all the principle, and knows no claim of solatium as credit for an event which all welcome," we such. Indeed, it is commonly supposed and are here informed that it is "only fair to point asserted that solatium is never awarded there." out the greater claims of others. The Liberal However, "in substance damages may in policy has not produced "the bad resultswhich many cases be obtained by English Law in many anticipated, but the Liberals "gambled respect of non-pecuniary loss, t. e., solatium on an offchance, and gambling is no true as understood in Scotland. Indeed, English statesmanship." Rather should we recognize Law goes to the very other extreme, and the fact that the new Union of South Africa, allows for 'nominal' damages in circumstances due to the co-operation of the two races with where no actual damage of any kind has the help of a commissioner appointed by the been sustained." Conservatives, was built upon "foundations Both the leading and the incidental differ laid by Mr. Balfour's Government and their ences between Tort in English Law and great Viceroy.'" Reparation in Scots Law are pointed out, with Taylor's Science of Jurisprudence. "A New some attention to Defamation together with Apology for Plagiarism." By Prof. James other subjects. War. See Declaration of London, Interest. Mackintosh, K.C. 21 Juridical Review 178 (July). Waters. "The Water Law of the Public The controversy with reference to Dr. Domain." By Samuel C. Weil. 43 American Taylor's work, in which that gentleman has Law Review 481 (July-Aug.). decidedly got the worst of it, continues some This article is of interest to those who have what wearisomely, but it is interesting to read an editorial estimate of the value of the been inclined to prefer Secretary Ballinger's views to those of his critics, in the contro vaunted "discovery":— "The great 'discovery' is announced in versy that arose at Spokane, Wash., at the recent conservation Congress held there. these words:—'Roman public law has per "The theory of the law of water, under ished, leaving behind it the inner part, the private law, which lives on as an immortality what has come to be called the 'California and universality—as the fittest it survives. Doctrine,' has been continuously the same For the same reason English public law is from pioneer times to the present day; namely,