Reviews of Books The book is ofl'ered merely as "a sketch of great historical processes," only the principal epochs of which have been characterized. The criticism is not unlikely to be put forth, in some quarters, that he has possibly over rated the influence of the Roman law upon the common law. It would probably be fairer to say, however, that only the special standpoint selected prevents Professor Vino gradofi from indicating the real nature of the indigenous sources of English law. The average lawyer will find these lectures exceptionally interesting from the historical point of view and a stimulus to read more extended works. In the works of such scholars as a Corpus Professor of Jurisprudence at Oxford will be found the refutation of Mr. Hughes’ his torical fallacy of the complete “reception" of the Roman law in England. A similar refutation is perhaps to be found in a book now to be considered, "The Civil Code of the German Empire," of which a good translation has now been made by a graduate of the University of Pennsylvania and the Uni versity of Heidelberg, under the auspices of the Pennsylvania Law Association and the Law School of the University of Pennsylvania. The impossibility of codifying the law of Germany in a form which should be a pure version of the Corpus jun's Civilis, and the production, as the only possible basis of compromise, of a code which could scarcely claim direct descent from Justinian, furnish
the strongest proof that it was impossible for the Roman law to become the law of Germany. As the adoption of the Roman Law in the German Empire, while never complete, was far in advance of its adoption in England, what holds true of Germany applies with even greater force to England. If it is im possible to consider that the Roman law became the law of Germany, there is even less ground for the singular theory that it became the law of England. Mr. William W. Smithers, in his historical introduction, shows that one
of the reasons why the first draft of the Code which was brought forward in 1887 had to be revised was because some writers found too much Roman law in it. The German law of tod'ay is neither the Roman law nor the barbaric customary law, but the product of historical conditions in the German Empire since the Middle Ages. The Roman Law tradition, however, permeates the whole fabric of German law.
303
This historical introduction contains some curious typographical errors, such as “Lieb nitz," "Azro" (for Azo), "olographic," Tu bingen,
Lubeck, etc.
It would also seem
as if Franconia were to be preferred to "Fran conia, "Frankfurt-on-the-Main to “Franckfurt on-the-Main," and Bike von Repgow to “Eike von Repkow.” The editors may have some reason for choosing the spelling "Vizigothic," but we prefer "Visigothic." In uniting with the University of Pennsyl vania for the publication of the Code, the Pennsylvania Bar Association has accom plished much for the study of comparative jurisprudence by making a good English ver sion accessible. Possibly a dignified scientific purpose would more fully have been realized by prefacing the Code with an introductory essay setting forth in detail the interesting principles which determined the selection of its material and containing a critical dis cussion of its subject-matter in comparison with the laws of other lands. In this manner the Code would have been introduced with more of the ceremony proper to the event. The annotations, however, will be found useful, and in them as well as in the skillful translation Mr. Loewy and the committee of publication may take much satisfaction.
WATKINS’ SHIPPERS AND CARRIERS OF INTERSTATE FREIGHT' Shi rs and Carriers of Interstate Frei ht. By Ed ar atkins. LL.B., of the Atlanta ( a.) bar. T. . Flood and Company, Chicago. Table of cases, etc., pp. 74 + text 488+ appendices 27 +rndex 28. (86 net.)
"
HIPPERS and Carriers of Interstate Freight,” by Edgar Watkins, is a good example of the law book written in response to the demands of actual practice. The author specifies as his subject “the rights and duties of shippers and carriers of freight that comes within the description of interstate commerce," disclaiming any purpose to treat interstate commerce generally. But in the very process of narrowing down his topic, Mr. Watkins has made an admirable
exposition of the relation of one part of a great question to the whole; the principal merit of his work consists in the opportunity for orientation which it affords layman or lawyer wandering in the maze of law upon an almost all-comprehending subject. After a brief preface, an analytical Table of Contents is given, then an index of Appen
