Page:The Green Bag (1889–1914), Volume 23.pdf/285

 257

Index to Periodicals only for the sup ression of anti-social conduct on the part of t e child, but for the study of the child's welfare as well. Its principles will be based on scientiﬁc investigation, and its methods will be such as to insure the attainment of the most effective results. Its movements will be actuated by a desire to prevent and eradicate the causes that make for sin, neglect and misery among children. At the head of it there will be a Judge, who, like the trained physician or surgeon, will be able to discover the source of the trouble and prescribe the remedy. Under him there will be assistants in all branches of the work, who will make a study of conditions

of child life in all its phases throughout the city. The Court will not lack for ofﬁcers who will develop its probation system to a degree of excel lence now unthought of, nor for experts, both medical and otherwise, to conduct the work of research in regard to the physical and mental condition of the child. Its records will contain an analytical and a comprehensive study of all the varied cases that come before it, and to them

will turn the criminologists and the sociologists of the future in the ﬁrst instance for information both as to the source of crime and as to the

nomics to the Law." By Prof. Frank J. Good now. Survey, v. 25, p. 934 (Mar. 4). “Unfortunate as it is, it is none the less true that our ordinary legal literature as a general thing treats economic history and conditions with contempt, if it treats them at all, and is

still quite generally permeated with such notions of eternal principles of justice as are exempliﬁed by the doctrines of natural rights and social contract. There is perhaps no sub'ect whose distinctive literature has been less in uenced by the evolutionary idea than the law. Eternal principles of universal application are, as a rule, still t e basis of most legal treatises and the reliance of most lawyers and judges. . . . “It is therefore peculiarly necessary in this country, and at this time, that lawyers and judges should have an extensive knowledge of economic conditions." Legal History. "The Judicial Reforms of the Reign of Henry II." By Richard Hudson. 9 Michigan Law Review 385 (Mar.). An account of the momentous developments of this signiﬁcant reign.

means of prevention. Then, as its work broadens,

“Seldom, if ever, has there been a period more

the Court can tell the world of social conditions that breed crime and misery, it can point out the individuals, be they high or low, responsible for the existence of these into the reason for the source and spread of epidemics and contagious which have wasted the human race, and are seeking to eradicate the causes that make their existence possible. The farmer, too, has dis carded his old hit or miss method of trusting to a bountiful Providence for the fruition of his crops and by scientiﬁc methods is learning to protect himself against evils that formerly brought him disaster." Labor and Capital. "The Respective Rights of Capital and Labor in Strikes." By Francis E. Baker, United States Circuit Judge for the seventh circuit. 5 Illinois Law Review 453 (Mar.). There is a lot of meat in this article, one of the most suggestive of the month. See p. 243

fertile in judicial reform than the latter half of the twelfth century, a period which witnessed the deca of the public local and of the feudal courts, t e growth at their expense of the royal

supra.

Legal Classiﬁcation. “The Subject Classi ﬁcation of Reported Cases." By Hon. Charles C. Lester. 20 Yale Law Journal 372 (Mar.). "One of the ﬁrst things to be noted in consider ing the topics to which cases are referred by digesters and indexers is that these topics cannot with strict propriety be called legal subjects. They are not coterminous with deﬁnite legal principles. They are concrete rather than abstract and usually comprehend the applica tion of a multitude of legal principles to a group of human affairs more or less closely connected through some particular relation between individuals growing out of contracts, or do

mestic, political or public institutions. We shall ﬁnd, accordingly, the various occupations, professions and employments of men treated as topics."

Legal Education.

“The Relation of Eco

jurisdiction,

the establishment

of a

central

court represented periodically in the shires by justices on circuit, and the introduction of the

accusing jury and of the trial jury in civil cases. In the countries of continental Europe the conﬂict between the laws and customs of different localities favored the reception of Roman law. Such might have been the case in England had not the concentration of justice in the kin 's court, the great judicial achievement of t e reign of Henry II, prepared the way for the unity of English law. As a result of the develop ment here described, English law became the common law." See Due Process of Law.

Local Government. "The Tendency of Municipal Government in the United States." By Hon. George B. McClellan. Atlantic, v. 107, p. 433 (Apr.). The cost of municipal government in the United States does not compare so unfavorably with its cost in Euroge as has been supposed, says Mr. McClellan. heexpanseis attri utable chieﬂy to the collectivist movement which leads cities to incur great burdens of the maintenance of numerous paternalisted undertakings.Whether this movement toward public ownership and operation of things formerly left to individual enterprise is gaining headway or is likely to be followed soon by an individualistic reaction,

he thinks time a one can show. "The German and the American City." By Frederic C. Howe. Scribner's, v. 49, p. 485 (Apr.).

In this interesting article Mr. Howe pays special attention to methods _of government and taxation. “The German city is a part of