Editorial Committee of the Cambridge Law Journal

The English Legal Tradition: Its Sources and History by Henri Lévy-Ullmann; M. Mitchell;Frederic M. GoadbyReview by: H. C. G.The Cambridge Law Journal, Vol. 6, No. 1 (1936), pp. 136-137Published by: Cambridge University Press on behalf of Editorial Committee of the Cambridge LawJournalStable URL: http://www.jstor.org/stable/4502914 .

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186 186 The Cambridge Law Journal. The Cambridge Law Journal.

the canons'; and, since the Codex 'provides no explicit guidance on many of the problems that inevitably arise in the administration and execution of wills', it follows that 'much of the system thus developed [by the author] bears the very evident character of being pioneering deduction' (p. vii). From this point of view Dr. Hannan's work is of special interest. While it is impossible in the present brief notice to comment upon particular subject-matters, attention may be drawn to the fact that the volume oontains much information upon the history of the canonical and secular law of wills (see, e.g., the chapters dealing with the nature and origin of wills, the rights of the heirs against legatees, and the Church's executor in history).

Dr. Wanenmacher's 'Canonical Evidence in Marriage Cases' seeks to be 'a guide in the processual law (ius proccssuale) that governs the evidence in marriage cases'; and it presupposes on the part of the reader a general knowledge of the fundamental norms and theory of the sub- stantive law (ius substantivum) of marriage. Although the author pays due regard to the pre-Codex sources, he does not profess to consider the law of evidence from an historical view-point; and his work is chiefly valuable as a manual on the present-day procedure of the Roman Eccle- siastical Courts, with special reference to the nature and probative force of the several kinds of evidence. Hence the principal topics are the confession and oaths of parties, the examination and oaths of witnesses, experts and physical inspection, documents, and presumptions. But, although the law of evidence forms the main theme of the author, he has been at pains to sketch the course of a matrimonial cause from the beginning to the end. He deals, therefore, with the introduction of the suit by plaint or petition, summons, joinder of issue, questioning of the parties, the production of the evidence, the discussion of the evidence, the conclusion of the trial (conclusio in causa), the publica- tion of the proceedings. Of special interest are the sections devoted to procedure and proof in cases of contumacy, disparity of cult, doubt of baptism, impediments, impotence, non-consummation, nullity, and separation from bed and board.

H. D. H.

The English Legal Tradition: Its Sources and History. Bv HENRI LEVY-ULLMANN, Professor of Comparative Law in the University of Paris. . Translated from the French by M. MITCHELL and revised and edited by FREDERIC M. GOADBY, D.C.L., with a foreword by Sir W. S. HOLDSWORTH, Vinerian Professor in English Law, University of Oxford. London: Macmillan & Co., Ltd. 1935. Ivi and 383 pp. (16s. net.)

THIs book was published in France as Le systeme juridique de l'Angleterre and now appears in English garb in response to a desire expressed in many quarters that it should be made available to those to whom the original in French is not accessible. The book was intended to be an introduction to the study of law by foreign students, but although

the canons'; and, since the Codex 'provides no explicit guidance on many of the problems that inevitably arise in the administration and execution of wills', it follows that 'much of the system thus developed [by the author] bears the very evident character of being pioneering deduction' (p. vii). From this point of view Dr. Hannan's work is of special interest. While it is impossible in the present brief notice to comment upon particular subject-matters, attention may be drawn to the fact that the volume oontains much information upon the history of the canonical and secular law of wills (see, e.g., the chapters dealing with the nature and origin of wills, the rights of the heirs against legatees, and the Church's executor in history).

Dr. Wanenmacher's 'Canonical Evidence in Marriage Cases' seeks to be 'a guide in the processual law (ius proccssuale) that governs the evidence in marriage cases'; and it presupposes on the part of the reader a general knowledge of the fundamental norms and theory of the sub- stantive law (ius substantivum) of marriage. Although the author pays due regard to the pre-Codex sources, he does not profess to consider the law of evidence from an historical view-point; and his work is chiefly valuable as a manual on the present-day procedure of the Roman Eccle- siastical Courts, with special reference to the nature and probative force of the several kinds of evidence. Hence the principal topics are the confession and oaths of parties, the examination and oaths of witnesses, experts and physical inspection, documents, and presumptions. But, although the law of evidence forms the main theme of the author, he has been at pains to sketch the course of a matrimonial cause from the beginning to the end. He deals, therefore, with the introduction of the suit by plaint or petition, summons, joinder of issue, questioning of the parties, the production of the evidence, the discussion of the evidence, the conclusion of the trial (conclusio in causa), the publica- tion of the proceedings. Of special interest are the sections devoted to procedure and proof in cases of contumacy, disparity of cult, doubt of baptism, impediments, impotence, non-consummation, nullity, and separation from bed and board.

H. D. H.

The English Legal Tradition: Its Sources and History. Bv HENRI LEVY-ULLMANN, Professor of Comparative Law in the University of Paris. . Translated from the French by M. MITCHELL and revised and edited by FREDERIC M. GOADBY, D.C.L., with a foreword by Sir W. S. HOLDSWORTH, Vinerian Professor in English Law, University of Oxford. London: Macmillan & Co., Ltd. 1935. Ivi and 383 pp. (16s. net.)

THIs book was published in France as Le systeme juridique de l'Angleterre and now appears in English garb in response to a desire expressed in many quarters that it should be made available to those to whom the original in French is not accessible. The book was intended to be an introduction to the study of law by foreign students, but although

This content downloaded from 188.72.126.108 on Sat, 14 Jun 2014 10:36:20 AMAll use subject to JSTOR Terms and Conditions

Book Reviews. Book Reviews. 187 187

it serves this purpose to perfection there can be no doubt that it makes an appeal to a very much wider circle of readers. Professor Levy-Ullmann has given us a very remarkable study of the structure and historical background of English law, as seen by a lawyer trained in a very different system. As Professor Holdsworth has said in his introduction to the book 'this is an achievement which is only possible to a man of great legal genius and great perseverance and industry '. It may, perhaps, be added that only those who have attempted to write about a system of law which is not their own can appreciate this achievement at its true value, and the book is beyond doubt a model to those whose researches lead them into the field of comparative law.

At the same time it is not possible to concur in Professor Holdsworth's recommendation of the book to English law students. It is in no sense a text-book and its merits will make their strongest appeal either to foreign lawyers who know their own system of law thoroughly and are anxious to see how it compares with English law, or else to advanced students of English law who wish to see their own system reflected in the mind of a lawyer of another jurisdiction.

This is an extraordinarily attractive book in many aspects. In the first place the translator has done her work in a manner beyond praise, and has succeeded in preserving the lucidity of style which is characteristic of the best French legal writers and is a marked feature of this book. Moreover, it is fascinating to follow the impression created by our law on the acute and brilliant mind of the author and to note his almost uncanny grasp of the spirit underlying our Common Law. English lawyers are not apt as such to suffer from an inferiority complex, but if there are any who labour under this complaint they can seek consolation in the very understanding and sympathetic way in which Professor L6vy- Ullmann deals with the eminently illogical and unsystematic character of our law and his recognition of the merits which it undoubtedly possesses.

H. C. G.

A Selection of Cases illustrative of English Criminal Law. By COURTNEY STANHOPE KENNY, LL.D., F.B.A. Eighth edition, with Supplement by E. GARTH MOORE, M.A., of Gray's Inn, Barrister-at-Law. Cambridge University Press. 1935. xxii and 587 pp. (18s. net.)

THE reputation of Kenny's Select Cases is so firmly established that it would really be unnecessary to do more than record a new edition but for the fact that this is the first to be issued since the death of the author. Mr. Garth Moore has retained unaltered all that was left by Professor Kenny, and has added some old and some new cases in a supple- ment. It is a pity that the opportunity was not taken at least to include the majority judgment of Blackburn J. in the case of B. v. Prinlce (L. R. 2 C. C. R. 154); this judgment is indeed the only one that junior students should be told to read, for the other three judgments are mis- leading. The mistake in the reference of Sherras v. De Rutzen might also at long last have been corrected, and it would be an improvement

it serves this purpose to perfection there can be no doubt that it makes an appeal to a very much wider circle of readers. Professor Levy-Ullmann has given us a very remarkable study of the structure and historical background of English law, as seen by a lawyer trained in a very different system. As Professor Holdsworth has said in his introduction to the book 'this is an achievement which is only possible to a man of great legal genius and great perseverance and industry '. It may, perhaps, be added that only those who have attempted to write about a system of law which is not their own can appreciate this achievement at its true value, and the book is beyond doubt a model to those whose researches lead them into the field of comparative law.

At the same time it is not possible to concur in Professor Holdsworth's recommendation of the book to English law students. It is in no sense a text-book and its merits will make their strongest appeal either to foreign lawyers who know their own system of law thoroughly and are anxious to see how it compares with English law, or else to advanced students of English law who wish to see their own system reflected in the mind of a lawyer of another jurisdiction.

This is an extraordinarily attractive book in many aspects. In the first place the translator has done her work in a manner beyond praise, and has succeeded in preserving the lucidity of style which is characteristic of the best French legal writers and is a marked feature of this book. Moreover, it is fascinating to follow the impression created by our law on the acute and brilliant mind of the author and to note his almost uncanny grasp of the spirit underlying our Common Law. English lawyers are not apt as such to suffer from an inferiority complex, but if there are any who labour under this complaint they can seek consolation in the very understanding and sympathetic way in which Professor L6vy- Ullmann deals with the eminently illogical and unsystematic character of our law and his recognition of the merits which it undoubtedly possesses.

H. C. G.

A Selection of Cases illustrative of English Criminal Law. By COURTNEY STANHOPE KENNY, LL.D., F.B.A. Eighth edition, with Supplement by E. GARTH MOORE, M.A., of Gray's Inn, Barrister-at-Law. Cambridge University Press. 1935. xxii and 587 pp. (18s. net.)

THE reputation of Kenny's Select Cases is so firmly established that it would really be unnecessary to do more than record a new edition but for the fact that this is the first to be issued since the death of the author. Mr. Garth Moore has retained unaltered all that was left by Professor Kenny, and has added some old and some new cases in a supple- ment. It is a pity that the opportunity was not taken at least to include the majority judgment of Blackburn J. in the case of B. v. Prinlce (L. R. 2 C. C. R. 154); this judgment is indeed the only one that junior students should be told to read, for the other three judgments are mis- leading. The mistake in the reference of Sherras v. De Rutzen might also at long last have been corrected, and it would be an improvement

This content downloaded from 188.72.126.108 on Sat, 14 Jun 2014 10:36:20 AMAll use subject to JSTOR Terms and Conditions