the topics chosen for the part on Divisions of the Law are intrinsically
constitutional and administrative law, criminal law, adjective
and substantive law.
If this work had been originally designed as
textbook, the learned author
would no doubt have given us some general discussion
his own view of
Law, as distinct from the nature of Jurisprudence. Most
would presumably agree that the essential aims that Law seeks to achieve are
Order and Justice. Many AngleAmerican lawyers, who have inherited
centuries of internal security, regard Justice as the primary aim of Law.
But there can be no Justice unless we have Order. Indeed, without Order
there is neither Law nor Justice. Order without Justice, on the other hand,
may not be pleasant but it can be Law.
Mr. Jolowicz’s work
editor should by no means be overlooked.
amounts to much more than the bare demands of filial piety. His tactful
the text, as in
definition of crime, cannot often be
careful study of the footnotes shows that in numerous places
he draws to the reader’s attention, and if necessary explains, all the most
significant juristic literature written since his father last revised the
it the hope of tomorrow, or the curse of today? At
least it is not the rehash
yesterday. In this collection of papers it covers
various attempts to apply modern research techniques
law. These attempts
are in three main areas. These are, legal information retrieval, behavioural
interpretation of judicial decisions, and the use of formal logic in legal
analysis. Some of the essays overlap
little, but it is convenient to deal
these three areas separately.
The first five papers are mainly concerned with legal information retrieval.
Those by Loevinger and by Eldridge and Dennis survey the main projects in
area, and describe the authors’ own projects in rather more detail.
Loevinger is perhaps slightly the clearer in his analysis, particularly where
involved statistical technique such
the use of association factors is con-
cerned. Eldridge and Dennis, on the other hand, give
description of their own work for the American Bar Foundation in conjunction
with International Business Machines. The Temaining three papers in this
more general nature. Dickerson gives the arguments for and
against mechanisation in
sober and realistic way. Kerimov, the only non-
American contributor, describes Soviet aspirations in this field. One would
like to hear
little less about aspirations and
little more ahout positive
achievements from the Russians by now. The last‘ contributor to this section
paper is designed to warn of the dangers of mechanisation.
shrill, his terminology vague
and his assumptions breathtaking.
for example we are told that
case law is bettet adapted than codified law
respecting man’s social
existence, and promoting an effective and satisfactory life in common.
the American way of life, and particularly freedom from
government restraint, if the mechanical retrieval of legal information is
is hard to give serious credence to such arguments, particularly
when key premises, such
the conceptual inflexibility of computers, are
refuted by hoth survey papers.
The behavioural approach is represented by three protagonists, Schubert,
Kort and Ulmer, and one antagonist, Berns. The contributions of the
protagonists are mainly concerned with mathematical analyses of decisions
the Supreme Court. All three seem to have been somewhat disconcerted by
paper in which Rodell, not
behoviouralist, predicted with great success