Index to Periodicals While he writes primarily with reference 83 to General Jurisprudence. "Theories of Law." By Professor Roscoe Pound. 22 Yale Law Journal 114 (Dec.). This paper is of not less importance than those on Sociological Jurisprudence," recently published in the Harvard Law Review, and is a noteworthy contribution to the science of juris prudence. The distinction between the two root ideas of law, jus and lex, is pointed out, and Professor Pound shows how one or the other has reigned supreme at different times, accord ing to the then prevailing attitude of the state toward the legal relationships of its citizens. A broad and luminous historical survey of the evolution in the notion of the nature of law is given, and the great movements of juristic thought down to the present are skilfully charac terized. "It appears that the growth of legislation as the chief agency in formulating the law has led to an emphasizing of the imperative element in all recent definitions. In England, as the Analytical School arose while the legislative energy of the reform movement was at its height and the Historical School came later, jurists have been tempering ultra-imperative analytical formulas to bring them into accord with the results of historical research. In America, we have been tempering them so as to bring them into better accord with the obvious role of the courts in the making of our law. In Germany, where the Historical School came earlier and waged its war with philosophical rather than with analytical antagonists, metaphysical for mulas have had to be made over to accord with the everyday experience of those who live under the jurisdiction of active legislatures. For the moment, the conception of the Analy tical School is almost as thoroughly established as was once the idea of a law of nature and later the theory of the Historical School. As the 'capital fact in the mechanism of modern law is the energy of legislatures,' [Maine] we may expect that jurists will insist more and more upon the imperative side of law. Even writers on ethics have been influenced by this modern predominance of enacted law. In Italy alone did the theory of natural law continue to flourish despite a code. But as we have seen, in the history of jurisprudence periods of legislation and codification, in which the imperative theory of law has been current, have always been periods of stagnation. The law has lived and grown through juristic activity under the influ ence of ideas of natural right and justice or of reasonableness, not force and not sovereign will, as the ultimate source of authority. Hence, if there were no counter movement visible, we might well regard the well-marked swing of the pendulum toward the imperative side of the law in juristic theory as an ill omen." "What is the Law? II." By Joseph W. Bingham. 11 Michigan Law Review 109 (Dec). See p. 74 supra. Government. "The Elemental Functions of Government. By W. W. Lucas. Journal of Comparative Legislation, N.S., v. 13, part 1, no. 27, p. 145 (Oct.).
the powers and functions of the Crown, Mr. Lucas has aided political science by suggesting a concise terminology of political functions in general. He distinguishes the three following fundamental functions: 1. Creative — the power to create or origi nate law, by establishing custom and enacting statutes. 2. Administrative or discretionary —. the power to administer law within the limits con ceded or prescribed by the creative power. 3. Ministerial — the obligation to carry out Jaw, whether the command be creative or administ rative. "Cabinet Officers in Congress." By Perry Belmont. North American Review, v. 197, p. 22 (Jan.). "There are those who seem to believe that to enable members of the Cabinet to appear before either House would not be the complete parlia mentary system of other governments, be cause it would not give to the Cabinet the power to direct and control legislative action. It is much to be preferred that it should not. The parliamentary systems of Europe lead to much more instability than does ours. There the cabinet is in effect the executive; also, in that respect, a little more than a committee of the Legislature to carry into execution its general policy, and an adverse vote is usually taken to mean a change of government. It may be well to keep in mind that the idea of bringing offi cers of the executive departments before the House of Congress is not suggested by the par liamentary system of Great Britain. That system is, in its fundamental principles, so dif ferent from ours as to be hardly a safe guide for us." "The Parliament Act and the British Consti" tution." By Sir William Anson. 12 Columbia Law Review 673 (Dec.). The author disputes the comparison made by Mr. Jenks in 12 Columbia Law Journal 32 between the Parliament Act and the Petition of Rights of 1628 and Bill of Rights of 1689. See Direct Government, Judicial Power to Annul Statutes, Legal Evolution. Habeas Corpus. See Contempt. Insolvency. See Banking. International Law. "The Twenty-seventh Conference of the International Law Asso ciation." By Layton B. Register. 61 Univ of Pa. Law Review 91 (Dec). A report of the proceedings, no single topic engaging the extended notice of the writer. See Maritime Law, Panama Canal, Private Property at Sea. Johnson's Impeachment. "The Impeach ment of Andrew Johnson: The President's Defense." By Gaillard Hunt. Century, v. 85, p. 422 (Jan.).