306
The Green Bag
placed those interested in recent prog Columbia Law Review, forms only a lesser ress in Germany under a similar obli portion of Mr. Borchard "s comprehen sive guide, which deals with a great gation. Mr. Borchard properly emphasizes variety of other subjects, such as legis the need of a scientific jurisprudence, lation, court reports, legal education, which shall draw the law into more legal history, the Civil Code, commer intimate relation with life than it has cial law, social insurance and labor laws, had in this country under a system civil procedure, criminal law, criminal wherein outworn rules of the common procedure, reform of criminal law and law have ceased to respond to the needs procedure, and public law. The value of modern society. In this he is only of all this wealth of information, pre repeating what Professor Pound has sented as it is in admirable perspective, often told us. Thus duly emphasizing need not be dwelt upon to be recognized. There is a useful glossary of German the need of an acquaintance with Ger man legal science, which is the effective legal terms, based on the terminology handmaid of political and social inves of Schuster, and a good index. tigation rather than something apart, he surveys the field of legal encyclo pedia by way of introduction, later tak MACGILLIVRAY ON INSURANCE Insurance Law relating to all risks other than ing up the philosophy of law. In the Marine. By E. J. Macgillivray, LL.B. Sweet & metaphysical group Kant, Fichte, Schel- Maxwell, Ltd., London. (1912.) Pp. 1050 + 8 ling, Hegel and Krause are noticed, (index). and in the historical school of the early MACGILLIVRAY on Insurance nineteenth century Hugo and Savigny. covers all branches of the sub The metaphysical method fell into dis ject except marine insurance. The book repute, but was revived by the neo- is not an encyclopaedic digest, as so Hegelians, Lasson and Kohler, and the many of our recent law books seem to neo-Kantian, Stammler. This brings be. But it is a well-reasoned treatise us to the modern sociological-philo with sufficient cases cited to support the sophical school of which Ihering, Kohler text, and American cases are cited freely and Stammler are the leaders. Of the as well as English cases, and a number group forming the subdivision of social from the English provinces. This book utilitarians, Ihering, Berolzheimer and has already received exceptionally high Sternberg are prominent representatives. praise in the English reviews, and the Some attention is also given to Bierling praise is surely well deserved. and Bekker. There are complete notes The American reader will be con not only on the chief works of these stantly impressed with the fact that the writers, but upon writings in which they English decisions are far more favorable are discussed and upon such transla to the Insurance companies than simi tions as have appeared, or are about to lar decisions in this country. That appear, in the English language. The atmosphere is found throughout the importance of the Modern Legal Phil work. For instance, the fire insurance osophy Series now in course of publica cases arising out of the Jamaica earth tion is recognized. quake were decided in favor of the com The foregoing review of the literature panies, whereas under similar facts our of theoretical jurisprudence, which fills courts held the companies liable for the the valuable article written for the losses arising out of the San Francisco
