Page:The Green Bag (1889–1914), Volume 23.pdf/577

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Reviews of Books minology.

But he is like the botanist

539

in 1910, testifies to the vitality of this

who would undertake to write a volume

treatise, but in spite of the author's

on the classification of plant forms,

contention that he is treating of "juris prudence" purely and simply, with no qualifying adjective, it is impossible to suppose that the narrow sense in which he uses the word “jurisprudence" will ever come into general acceptance, or that his labors will influence future

without seeking to arrange actual plants in their proper places in such a classi ficafion, or like the teacher of Greek

who would develop a theory of moods and tenses without teaching the con jugation of verbs. If his book had been called simply an "Introduction to Juris prudence" discovery of its restricted method would occasion less surprise.

There can be no doubt that the title “Elements of Jurisprudence," suggest ing a broad scope for the treatise, com

writers on legal science in its higher

forms to neglect the ideal content of the law, on the one hand, or its phenomenal attributes as a product of social forces on the other. So transitory a position has already been left behind.

bined with the inclusion of a large amount of concrete material regarding legal principles examined with reference to substance as well as to form, has

created much confusion and misunder

standing with regard to the nature of the book. It is only on close examina tion that this concrete material is seen to be used solely for purposes of illus tration, and that the book deals not with the law but with its formal attributes.

As soon as this is perceived, the miscon ception disappears and the work is assigned its true place in the proleg omena of the science of law. Of the "analytical" school it is widely believed that they sought, by a use of the comparative method, to set forth principles of a general system of law

common to countries of advanced civi lization, and this impression has also led readers to misunderstand Professor Holland's treatise, the object of which is really to set forth, not principles of law, but their nomenclature and syntax, and

thus his discussion yields no actual re sults in the way of knowledge either of law or of the objects it seeks to attain. Consequently one looks in vain for a

comprehensive application of the “ana lytical” method. The eleventh revised edition, published

HOW TO DISPOSE OF ONE'S PROPERTY Post-Morten: Use of Wealth; Including a Con sideration of Ante-Morten: Gifts. Legal Point of View by Daniel S. Remsen of the New York Bar. Ethical Point of View by Felix Adler, Charles F. Aked, James]. Fox, David H. Greer, Newell Dwight Hillis, F. De Sola Mendes, Henry W. Warren and David G. Wylie. G. P. Putnam's Sons. New York and London. Pp. 126 + 5 (index). ($1.25 net.)

ST-MORTEM Use of Wealth" is a very readable and suggestive

little volume, and it will be of value to

the man who is thinking of making a will and also to the lawyer who is called on to advise upon such matters. The author has sufficient experience and learning to give the general lawyer

many helpful suggestions that he will find difficulty in running across else where; and at the same time the thoughts are put in such clear terms that they

will be fully and readily understood and appreciated by the layman. The book is not meant to be a treatise on how to draw wills or a complete description of the different methods of disposing of property after death. It rather tells us of many considerations

that should be kept in mind by the man who is making provision for the use of his wealth after his death, and that should be kept in mind by such man's