RECENT PERIODICAL LITERATURE
DOI | http://doi.org/10.1111/j.1468-2230.1947.tb00040.x |
Published date | 01 January 1947 |
Author | W. A. Steiner |
Date | 01 January 1947 |
RECENT PEIRIODICAL LITERATURE
THE
following list cannot pretend to be complete because only
those periodicals of which recent copies were available to the
writer could be considered.
NORMAN
S.
MARSH: Some Aspects of the
German Legal System under National Socialism,
62
L.Q.R.
366
;
the author maintains, it is conceived rightly, that the
wholesale denial and perversion of justice which took place
under National Socialism was not due
to
a new and dominating
theory of law, but to governmental interference with the
administration
of
justice. Of this he gives examples such as
pressure brought to bear on the Judges, the creation of special
Courts with personnel chosen on political grounds, promotion
of
Judges on political grounds, and, last but not least, the
habitual usurpation of the business of the Courts by the Party.
GLANVILLE L. WILLIAMS: Language and the Law-V,
62
L.Q.R.
387
;
Dr. Williams develops the difference between the
referential and emotive functions of words and the consequent
distinction between statements of fact and value judgments,
including
its
wider implications and the dangers resulting from
a
failure to draw this distinction. The present article concludes
the series and it
is
to be hoped that the learned author will one
day publish the five articles in book form.
ROY
ST.
GEORGE
STUBBS
:
Jeremiah Mason,
24
Can.B.Rev.
678
;
Mason, who
lived from
1768
to
1848,
was one of the leading American
lawyers of his time.
It
is strange that he whom Daniel
Webster and Rufus Choate considered to be
at
least their equal
should have been
so
completely neglected and forgotten by
posterity. Significance may be attached to the fact that he
never held any judicial office, many offers made to him
notwithstanding. C.
SUMNER
LOBINGIER
:
Precedent in
Past
and Present Legal Systems,
44
Mich.L.R.
955;
the author
comes out in favour of
stare decisis,
but advocates the setting
up
of
case law revision committees whose task it would be to
keep constant watch over the development of case law and
to cut out
or
recommend the cutting out of dead wood and
wrong decisions. The
Columbia Law Review
devotes
a
complete issue to the memory of the late Chief Justice Harlan
F.
Stone.
Of
full-length articles contained in
it
we may
mention
:
ELLIOTT E.
CHEATHAM
:
Stone on Conflict of Laws,
46
Co1.L.R.
719
;
WALTER GFLLHORN
:
Stone on Administrative
Law,
46
Co1.L.R.
734;
ROSWELL
MAGILL
:
Stone on Taxation,
75
Jurisprudence.
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