The
Green
Published Monthly at $4.00 per Annum.
Bag.
Single Numbers 50 Cents.
Communications in regard to the contents of the Magazine should be addressed to the Editor, Thos. Tileston Baldwin, 1038 Exchange Building, Boston, Mass. The Editor will be glad to receive contributions of Question 1. Does the judge, in fact, when articles of moderate length upon subjects of in awarding a sentence, act on any theory as to terest to the profession; also anything in the the object of punishment, such as retribution, way of legal antiquities or curiosities, facetia, expiation, example to others, reformation of the anecdotes, etc. offender, or the like? Is it desirable that he The Green Bag has not joined the ranks of should do so? the soubrettes or of the prima donna, whose Question 2. Does the judge, in fact, keep jewels are stolen, periodically, when the press- the same end in view in the case of all offences, agent is hard-pushed for an advertising sensa or does he make a distinction between one of tion; but this felonious mode of advertising has fence and another? Is it desirable that he been forced upon us. Shortly before the time should do so? for going to press a " thief in the night," enter Question 3. When he makes a distinction ing the establishment of our printer, became between one offence and another, on what is enamored of a large number, to wit, fifty-three the distinction based? On the character of the galleys from which the present and future num punishable act looked at from a moral stand bers of The Green Bag were in part to be point? On the greater or less frequency of the printed, and converted said galleys to his own crime in the district? On the greater or less use. We feel flattered that, even under such un risk to which it exposes the community, or on toward circumstances, Green Bag articles should any, and what, other circumstances? prove of compelling interest to a gentleman pre Question 4. When he makes a distinction sumably not of the legal profession; but such a between one individual and another, does the taking method of expressing appreciation has distinction turn on the offender's antecedents as its disadvantages, in that it compels resetting of shown by his judicial record, or on his degree of matter, with consequent delay in publication. intelligence and education, or on any other, and It is to explain this short delay, rather than for what, circumstance? Is the age or sex of the the purpose of advertisement, that we mention offender taken into account, and if so, to what extent? Is it desirable that any, and which, the loss of our jewels. of the distinctions mentioned above should be What principles should guide the Court in made? . pronouncing a criminal sentence? When award Quest1on 5. In the absence of special cir ing punishment, do criminal judges act on settled cumstances, does the judge award the full pen principles, and is uniformity in this respect de alty allowed by the law, or does his normal sirable? An important first-step toward solving sentence fall short of this? these problems was taken in Paris in 1900 by From a study of the answers to these questions the International Congress of Comparative Law, the Commission hopes to discover what are the which appointed a Commission to investigate guiding principles of punishment at the present the question. A recent circular of this Com time, and what principles ought, in the opinion mission, after noting the three district theories of the authorities consulted, to prevail. It would of punishment — the expiatory, the deterrent, seem that the Commission has ground for hop and the reformatory, — and mentioning certain ing that its recommendations, which will be sub circumstances which are sometimes taken into mitted to the next International Congress of consideration in determining sentence, asks for Comparative Law, will result in the framing of answers to the following suggestive questions : a set of practical rules " worthy of being accepted
