Innkeepers and Hotels, Theatres and Sleeping Cars [review-book]

C. S.
1906 The American Law Register (1898-1907)  
Known as the Early Journal Content, this set of works include research articles, news, letters, and other writings published in more than 200 of the oldest leading academic journals. The works date from the mid--seventeenth to the early twentieth centuries. We encourage people to read and share the Early Journal Content openly and to tell others that this resource exists. People may post this content online or redistribute in any way for non--commercial purposes. Read more about Early Journal
more » ... out Early Journal Content at http://about.jstor.org/participate--jstor/individuals/early-journal--content. JSTOR is a digital library of academic journals, books, and primary source objects. JSTOR helps people discover, use, and build upon a wide range of content through a powerful research and teaching platform, and preserves this content for future generations. JSTOR is part of ITHAKA, a not--for--profit organization that also includes Ithaka S+R and Portico. For more information about JSTOR, please contact support@jstor.org. LEGAL PERIODICALS AND BOOK REVIEWS. LEGAL PERIODICALS AND BOOK REVIEWS. 689 689 the use or instruction of the modern practitioner. This view has passed away with our ignorance of the Year Books, and it may be that a still closer knowledge may clear up much of the obscurity that now remains. When the pleading is examined Mr. Holdsworth says that "The question which the legal historian must answer is the question why the English mode of pleading was so different from that which we find in other systems of law. The answer will probably be found in the peculiarity of the old conception of a trial, and in the mode in which that old conception of a trial was adapted to the jury system." This involves an interesting examination into the early modes of proof and trial by jury. The Law Quarterly Review, October, 19o6, pp. 360-382. CASE-LAW. The Basis of Case-Law. Albert Martin Kales. In continuing his article Mr. Kales takes up the topic of "public policy and other practical considerations as primary sources of case-law," and by examples of cases decided by the leaders of the English bar, establishes the fact that "the law often sacrifices not only the convenience of individuals, but their just claims, to considerations of public convenience, and the general good; and will even sometimes let palpable dishonesty or gross negligence go free, rather than depart from a general principle which, on the whole, operates beneficially." In the end Mr. Kales claims that " we have seen that a great mass of case-law is purely judge-made law, based upon considerations of justice, morality, common sense, public policy and convenience, and other practical considerations. But these are in truth the grounds-perhaps, indeed, the only grounds-on which any law can properly be made, whether by judges or by Parliament; and it may certainly be claimed that judges make their law with a more single eye to these considerations than any parliament can be expected to do." Law Quarterly Review, October, pp. 416-430.
doi:10.2307/3307040 fatcat:32nzpg5vlndupf7nuq34qoqr5y