Reviews ofposal Books to and limitations of the American people, and of a strict impartiality that holds impulses to over-confident assertion and optimistic speculation in check. It is a book that overrates the opportunities of American democracy and underrates the dangers besetting it.
MR. JUDSON'S LECTURES ON PROBLEMS OF THE JUDICIARY The Judiciary and the People. By Frederick N. Judson. Vale University Press, New Haven; Ox ford University Press. Pp. 255 + 15 (index) . S1.35 net.) IT WOULD be difficult to find a more luminous discussion of problems involving the courts, within a limited compass, than that contained in these five admirable lectures delivered by Mr. Judson at Yale University. They are marked by an exceptional largeness of view and by a full knowledge of con temporary needs. They embody the ripe suggestions of a well-informed and public-spirited lawyer as to the best means of improving existing conditions. They are readable and scholarly, the product of a mind too thoughtful and alert to fall into any sin of platitude or prejudice. The completeness with which a survey of the relation of the American judiciary to the people can be presented in so few pages is really astonishing. The multitude of topics touched by the author is remarkable. He thought fully expounds the doctrine of the separation of powers, not dogmatically, but with due regard for recent criti cisms; he goes deeply into the history of the judicial authority to set aside a statute; he compares the functions of the American judiciary with those of the judiciary under the English Constitution and in Continental sys tems; he offers pregnant matter bearing upon the American Bar Association pro
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the United States Court to review deci sions of state courts; he temperately describes the evil effect on the inde pendence of the judiciary of short elec tive terms, the recall of judicial deci sions, and the recall of judges; he offers a novel and striking explanation of various circumstances which render the judiciary the weakest, rather than the strongest, of governmental powers; he points out the inconveniences of too many constitutional restrictions on the power of state legislatures and the burden poorly drawn legislation imposes on the courts; apart from the last mentioned cause, he shows how the work of the courts is increased, and they fall into arrears, because of the artificiality of rules of evidence and the consequences of the doctrine of presump tion of prejudice from error, which is characteristic of the American system; he urges the need of reform not only in the foregoing things, but in the custom of pre paring written opinions for all decisions, a custom in many instances prescribed by statute; he recognizes the need of removing the exemption of the accused from self-incrimination; and he urges the importance of legal procedure attain ing simplicity in place of that techni cality which is the sign of an undeveloped system of law. The foregoing rather bare summary suggests the impossibility of epitomizing the contents of the book in a brief notice. It treats so many questions soundly and helpfully that every lawyer is sure to profit by read ing it. COLLIE'S MALINGERING Malingering and Feigned Sickness. By Sir John Collie, M.D., J.P., Medical Examiner London County Council; Chief Medical Examiner Metro politan Water Board, Consulting Medical Exam iner to the Shipping Federation, etc.; assisted by Arthur H. Spicer. M.B.. B.S. Lond., D.P.H. Illus