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Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

Book Reviews, Edwin W. Patterson, Edson R. Sunderland, C E. Griffin

Michigan Law Review

The title of this brilliant little volume might, more accurately, have been, "The Spirits of the Common Law," for it depicts the common law as the battleground of many conflicting spirits, from which a few relatively permanent ideas and ideals have emerged triumphant. As a whole, the book is a pluralistic-idealistic interpretation of legal history. Idealistic, because Dean Pound finds that the fundamentals of the 'common law have been shaped by ideas and ideals rather than by economic determinism or class struggle; he definitely rejects a purely economic interpretation of legal history, although he demands a sociological one (pp. io-ii). …

Book Reviews, Nathan Isaacs, Horace Lafayette Wilgus, Arthur H. Basye, Leonard D. White, Victor H. Lane, Edwin D. Dickinson

Michigan Law Review

What does a judge do when he decides a case? It would be interesting to collect the answers ranging from those furnished by primitive systems of law in which the judge was supposed to consult the gods to the ultra-modern, rather profane system described to me recently by a retrospective judge: "I make up my mind which way the case ought to be decided, and then I see if I can't get some legal ground to make it stick." Perhaps the widespread impression is the curiously erroneous one lampooned by Gnaeus Flavius (Kantorowitz). The judge is supposed to sit at …

Book Reviews, Edwin C. Goddard, Evans Holbrook, Ralph W. Aigler, Edwin D. Dickinson

Michigan Law Review

Books in general, law books in particular, are like people. Most of them are ordinary, some useful, some not, but if they had not appeared they would not have been greatly missed, having appeared they will live their few years and at least seem to be forgotten. A few are so outstanding that they make a strong impress on their time and live on beyond the period of a life. If not great they have great influence and make notable contributions. Among the notable books of our time in the field of property law may be mentioned Jarman on Wills …

Jurisprudence And The Study Of Cases, Joseph H. Drake

Articles

Following the suggestion of our Chairman, we have apparently agreed to assume that under the theme of jurisprudence we are to include all of the abstract, nonutilitarian subjects bearing upon the subject of law. Whether we call it a historical science, a science of sciences, or a philosophy, we all believe that it Is a valuable body of rapidly increasing knowledge, and our purpose now is to determine the methodological question as to how it can be made available for our undergraduate students in the law school.

Copyright And Morals, Edward S. Rogers

Michigan Law Review

The basis for national copyright legislation in this country is Article I, Section 8 of the Constitution: "The Congress shall have power * * * to promote the progress of science and useful arts by securing for limited times to authors and inventors, the exclusive right to their respective writings and discoveries."

Pre-Legal Education, John B. Waite

Articles

It was once thought that a lawyer's vocation was chiefly to serve his clients, so that he might bring fame and fortune to himself. The profession of law was considered only a means of livelihood, merely more difficult than clerking and more remunerative, sometimes, than carpentry. To require study for the law was thought an unfair preclusion of embryo breadwinners from an adventure with that particular occupation. Fortunately, the public mind has changed; the practice of law is no longer only a means of livelihood, but has become an important agency in promoting civilization. Some one has likened law to …

German Legal Philosophy, John M. Zane

Michigan Law Review

Annexed as an appendix to the translation of Kohler's Philosophy of Law is an appreciation of the work by Adolf Lasson, 1 who complains that he himself once wrote a philosophy of law which has sunk into oblivion, probably for the reason, as he modestly suggests, that he knew so much of systematic philosophy that he had no time to acquire any "special scientific learning either in the law or any other special department of knowledge."2 This complaint is a confession, child-like and amusing in its vanity, which could be dismissed without comment, were it not something that is wholly …

New Law Of Nations, Joseph Kohler

Michigan Law Review

If the article upon the New Law of Nations had been written by an obscure man for a sensational periodical, it would not have been worthy of serious consideration. It appeared in September, 1915, however, in the ZEITSCHRIFT FUR V6LKERRECHT, generally reputed to be the leading periodical devoted to international law, published in the German language. Its author, Dr. JOsEF Ko.HLER, is generally conceded to be the most distinguished living German jurist. His PHILOSOPHY OF LAW was deemed worthy of translation into English and appeared as Volume 12 of the Modern Legal Philosophy Series.' Dean Roscog POUND has referred.to him …

Inquiry Concerning Justice, Floyd R. Mechem

Michigan Law Review

Justice, said Daniel Webster, "is the greatest interest of man on earth." Alexander Hamilton, in the Federalist, declared "Justice is the end of government. It is the end of civil society. It has ever been, and ever will be, pursued until it be obtained, or until liberty be lost in the pursuit."

Editorial Preface To This Volume, Joseph H. Drake

Other Publications

In his editorial preface to Formal Bases of the Law, Professor Drake offers a detailed summary of Del Vecchio’s historical survey of the philosophy of law. Drake reiterates that “the struggle for better definition of law has resulted in continually widening the practical application of law. In like manner it may be shown that the constant broadening of the metaphysical bases of law has been accompanied by improvements in its practice, and to this purpose we may well address ourselves.” From Aristotle to Grotius, to neo-Kantians and neo-Hegelians… “Law is neither force simply nor growth simply, but law is right …

Jurisprudence: A Formal Science, Joseph H. Drake

Articles

Holland defines jurisprudence as "the formal science of positive law". The meaning of science is plain enough. A good many pages are devoted to the elucidation of the words "positive" and "law," but the term "formal" he explains only by analogy. As there is a formal science of grammar to which belongs, for example, the concept of possession, which has its material manifestation in Latin grammar in a genetive termination and in English grammar in the preposition "of," so there is a formal science of law, material manifestations of whose fundamental principles are found in various systems of actual legal …

Nature Of Legal Rights And Duties, Joseph W. Bingham

Michigan Law Review

One cannot long talk on a legal topic without using the words right and duty or some synonyms. It is familiar hearsay that a purpose of law is to create, delimit, and protect rights and to define and enforce duties. Therefore it is of importance to inquire what is meant by "a right" and by "a duty" when we use these terms in legal discussion. The question is a linguistic one; but in the process of finding the proper answer, we shall have to analyze some of our common sorts of mental concepts and perhaps shall finish with a clear …

Editorial Preface To This Volume, Joseph H. Drake

Other Publications

"American juristic thinking at the present time needs a von Ihering. Our jurists, our legislators and our courts, both bench and bar, are still holding fast to an historical 'Naturrecht' built up on the precedents of the Common Law.... The public is crying out against our crystallized and inelastic theory and practice of law. The practical application of the idea of law as purpose would, in many cases, loosen our legal shackles and open the way out of our legal difficulties ...."

"The days of 'laissez faire' in legal matters have gone by in America as well as in Germany. …

What Is The Law? Ii, Joseph W. Bingham

Michigan Law Review

I shall now discuss briefly the nature of the causal effects of precedents upon judicial decisions and the justifications for those effects. One frequently hears laymen scoffing at the respect which courts pay to precedents and sometimes displaying a lamentable ignorance both of the nature of the influence which precedents have on the law and of the reasons for the existence of that influence. The influence of past example on human action pervades all human conduct and endeavor at all times. That influence is fundamental. It occurs through instinctive as well as intelligent processes and sometimes runs to unreasonable extents. …

What Is The Law?, Joseph W. Bingham

Michigan Law Review

It is intended that this title shall demand an analysis of the field of study in which the lawyer or jurist works and a determination of its essential and contributing elements. The purpose of the article is to sketch briefly a partial answer which will be instructive and helpful to the student who faces the problem as I faced it some ten years ago. I do not expect that anything new will be found in these ideas. I imagine that all of them must have been expressed many times before. Some of them are common­place. None is esoteric. Probably the …

The Nature Of Law, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.

The Law Of Reason, Fredrick Sir Pollock

Michigan Law Review

If there is one virtue that our books of authority claim for the Common Law more positively than another, it is that of being reasonable. The law is even said to be the perfection of reason. Not that the meaning of that saying is exhausted by the construction which a layman would naturally put upon it. For, as Coke had to tell King James I., much to his displeasure, there is an artificial reason of the law. Certainty is among the first objects of systematic justice. General principles being once fixed, the only way to attain certainty is to work …

The Purple, February 1899

The Purple

The Purple is a student publication offering news of the month, editorials, poetry, college news and alumni news. This issue contains the following:

• Wanted,--An Original Genius
• My Guiding Star
• The Humor of the Law
• A Sad Remembrance
• Student Celebration on the Occasion of Final Vows
• The Vigil of St. Ignatius
• Greetings of Former Students
• The Vows at Montmarte
• The Vows of To-Day
• Xavier
• Victories of the Future
• Editorials
• College Chronicle
• Alumni
• College World
• Athletics
• Editor's Table
• program for Final Vows celebration

Civil Government. Its Origin, Mission, And Destiny, And The Christian's Relation To It., David Lipscomb

Stone-Campbell Books

No abstract provided.

The Memorial Addresses Delivered In University Hall, November 26, 1880, At The Funeral Of Professor James Craig Watson, … Professor In The University From 1859 To 1879, Henry S. Frieze, Charles K. Adams, Alexander Winchell, Thomas M. Cooley

Other Publications

This is Judge Cooley's tribute to former University of Michigan astronomer Professor James Craig Watson, who died unexpectedly at age 42 and is buried in Forest Hill Cemetery in Ann Arbor. While not specifically related to the law, Cooley memorializes Watson with his ringing prose: "... it was among the stars this great man found his chief delight, and fitting it was that he should do so. He knew the stars as one knows the faces of his friends ..." But it is the last few pages of the tribute that Cooley asserts the glory of the State of Michigan …

Law And Lawyers In Society: An Address Delivered Before The Graduating Class Of The Law Department Of The University Of Michigan, March 28, 1866, James V. Campbell

Other Publications

"We have spent some pleasant time together in searching out the foundations of the law. In studying its principles, you have acquired, I trust, a creditable amount of knowledge upon the special topics which are most likely to claim the attention of active lawyers ...."

"You need never fear to aim to high. The arrow never gravitates upward. The great danger among lawyers is, that they sometimes aim to low...."

Address By Hon. Thomas M. Cooley, And Poem By D. Bethune Duffield, Esq., On The Dedication Of The Law Lecture Hall Of The Michigan University, Thomas M. Cooley, D. Bethune Duffield

Other Publications

A stirring address by Professor Cooley upon the occasion of the dedication of the Law Lecture Hall of the first Law School Building. He begins: "Students in the Department of Law: While Michigan was yet a wilderness, only feeling along its borders the advancing tread of civilization, and only hearing here and there the sound of the woodman's axe, the wisdom of American statesmen made provision for the establishment in the territory of a great University...."

Closing Remarks Of Prof J.V. Campbell To The Graduating Class Of The Law Department, March 21st, 1863., James V. Campbell

Other Publications

[The following remarks of Professor Campbell, at the close of his series of Law Lectures for the present year, having been unanimously requested by the class for publication, were kindly furnished by him. Being extempore, and prompted solely by the feelings and emotions of the hour, it is the wish of those who heard those words of counsel and farewell to publish them, verbatim, as delivered.] ....

"....But among our thoughts the question will arise, To what end have we been spending this long period in searching out and studying the principles of the law? ... Why then have …

Thoughts In Prison, William Dodd

Thompson Rare Book Collection

The following work, as the dates of the respective parts evince, was begun by its unhappy Author in his apartments at Newgate, on the evening of the day subsequent to his trial and conviction at Justice Hall; and was finished, amidst various necessary interruptions, in little more than the space of two months.

The few little pieces subjoined to the Thoughts, and the Author’s Last Prayer, were found amongst his papers. Their evident connection with the Poem was the inducement for adding them to the volume.

Written by the Rev. William Dodd, during his time in prison prior to …

Fiends And Slime, Lawrence C. George

Florida State University Law Review

HARM TO OTHERS. By Joel Feinberg. New York: Oxford University Press. 1984. Pp. viii, 269. $22.50