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THE GREEN BAG
unreformed House of Commons was not sufficiently responsive to public opinion. Pro fessor Dicey calls the period during which it was dominant the period of quiescence or stagnation, or the period of old toryism, as distinguished from the new toryism, which calls itself conservatism. Of course the legis lative characteristic of the period was the absence of legislation. "On the passing of the Reform Bill of 1832, the period of quiescence gave place to the period which Professor Dicey calls the period of individualism, or Benthamism, or of Ben thamite liberalism. It was called the period of individualism because, during that period, the leading aim of legislation was to secure to every person the greatest practicable amount of individual freedom, and, on the other hand, to impose upon every one the sole responsi bility of taking care of himself. "Individualism ceased to bfe dominant at about the beginning of the last third of the century, and then gave place to what he calls collectivism, and sometimes socialism. With him, however, the term ' collectivism ' seems scarcely to mean more than OM/t'-individualism, though the term would seem to have at least this affirmative meaning, that it favors the interference of the state in behalf of some persons or classes, and, therefore, at the expense of others. "A conspicuous and most interesting fea ture of the book is the manner in which the author brings out the fact that a dominant current of public opinion and also one or more counter-currents commonly exist side by side, the latter constantly opposing and modifying, in a greater or less degree, the action of the former." The period of individualism contrary to what might be expected, was a period of great legislative activity in contrast with the legis lative quiescence of the preceding period. This, however, was due to the necessity of removing restrictions upon liberty previously existing. The method by which individual ism was finally overthrown was through an alliance between toryism and the working classes, as the old toryism had been overthrown in 1832 by an alliance between the Bentham ites and the Whigs. This was at first uncon scious but later an express alliance working
in the field of legislation in the study of fac tory operatives. "It must not be supposed, however, that collectivism has advanced itself by the same method as individualism, nor that it has pro duced the same effect upon the conservative party that individualism did upon the Whig party. Individualism was a doctrine and a theory; was loudly proclaimed and aggressive. Collectivism, on the other hand, is not a theory, but a practice. It is an influence which is not openly acknowledged. "In short, the conservative party has never adopted socialism as part of its creed, as the whig party did individualism. It has courted the working classes, but it has done so, not by adopting their theories, but by mak ing concessions to them, and by conferring upon them great practical benefits, or at least, what the latter so regarded. It is to be remembered also that paternalism in govern ment was always a part of the tory creed." The book also discusses by way of illustra tion, some of the cross currents of opinion effective during the period such as that relat ing to the established church. Of the book as a whole, the reviewer says: " Any American who wishes to know the England of the nineteenth century as if he were a native, will find in Professor Dicey, who is the worthy successor of Blackstone, an incomparable instructor. INSURANCE. " Briefs on Insurance," by Roger S. Cooley, West Publishing Co., St. Paul, 1905. The title to this book is some what misleading as it contains not merely a collection of disconnected briefs but an analy sis of the entire field of insurance law sup ported by full citations of cases and in many instances by extended abstracts. The form . of the book is decidedly novel as is indicated by the title. Unlike many text-books it frankly confesses to be a collection of abstracts of cases arranged under appropriate analytical headings. Though the work will prove of little value to students, it will be very useful to the practitioner who has to prepare briefs on insurance law, and from an examination by the reviewer in the course of his practice he found it useful and reliable as a means of rapidly collecting the American authorities, including the most recent decisions.
