522
THE GREEN BAG
by Fraud and Actions at Law to Recover Damages for Fraud in Such Cases," by W. A. Gardner, Central Law Journal (V. 63, p. 85). EQUITY (Marshaling). The more import ant principles of law, relating to the " Marshal ing of Mortgages," are defined by W. Strachan, in the July Law Quarterly Review (V. xxii, p. 307)ETHICS. " The Ethics of the Practice," by W. R. Biddle, New Jersey Law Journal (V. xxix, p. 200). HISTORY. A further instalment of the interesting series of articles illustrating the history of the demarcation of " The Province of the Judge "and of the Jury," by G. Glover Alexander, appears in the August Law Maga zine and Review (V. xxxi, p. 451). It continues the story of Lilburn's Trial. HISTORY. Some of the addresses delivered at the banquet given to Mr. Justice Brown on his retirement from the Supreme Court of the United States, including especially, the address of the President, Judge Brown's response, and remarks by Mr. Justice Harlan, are published in the July American Law Review (V. xl, p. 504)HISTORY. In the August Law Magazine and Review (V. xxxi, p. 385), Rev. H. W. Gibson contributes an article on " The In fluence of Christianity upon the Law of Rome." He shows that the ameliorating influence in Roman law must be attributed rather to Stoicism than to Christianity, since for nearly two centuries Christianity was proscribed by the state. In two respects, however, there is evidence of the effect of Christianity, viz: 1. In the promulgation of new laws to meet new conditions, such as new corporations, new offices, and new men, which come with the establishment of Christianity. 2. In the amendment of existing law, to meet with the more rigid morality of Christian ity.
HISTORY (Year Books). In the July Law Quarterly Review (V. xxTi, p. 266), "The Year Books," their history and manner in which they illustrate certain aspects of the development of English law, are considered by W. S. Holdsworth. He considers first, the manuscripts and printed editions of the year books, second, the origin and character istics of the year books, and third, the year Books and the development of English law. The article contains many interesting illus trations of ancient legal methods, and is to be continued. JUDGMENTS. " Res Judicata," by Janardan Damodar Dickshit, Bombay Law Reporter (V. viii, p. 140). JURISPRUDENCE. The first installment of an article by A. H. F. Lefroy, on " The Basis of Case Law," appears in the July Quarterly Review (V. xxii, p. 293). It begins as follows: "Case-law, as it exists to-day, consists of a vast fabric of juridical reasoning built up principle upon principle, and rule upon rule, of which part only —- perhaps we might say a small part only — finds its ultimate basis either in custom, whether general or local, or in rules of Roman or Canon law incorporated into the English system. The object of the present article is to endeavor to penetrate below the mass of judicial decisions which have no such starting point, and discover on what it is in truth based." "But what, I would ask, happens when the case which has arisen between A and X is altogether one of first impression; when, that is, there is not in existence any principle of law which can be applied in any way to pro vide the proper ratio decidendi as between A and X, other than that very thing -which Mr. Dicey says it is not the judges' business to determine, namely, what, under the circum stances of the case, ' may be fair between A and A'.' "Such cases might naturally be expected to grow fewer as time goes on and precedents accumulate, but as will be presently shown, they not infrequently arise even to-day; and Mr. Dicey's words above quoted can, it is submitted, only be accepted so far as they
