edition of the Traité théorique et pratique de Procédure de M. Garsonnet, a work that M. Bru re-edited after the death of the writer. M. Lyon Caen and Renault have brought out the fourth volume of the third edition of their Traité de Droit commercial; M. Garraud, the fifth volume of the second edition of his Traité théorique et pratique du Droit pénal français; M. L. Say the fourth and last volume of Les Finances de la France sous la troisième République; M. Planiol, the third volume of his Traité élémentaire de Droit civil; and M. Cuq, the second volume of Les Institutions juridiques des Romains. To these may be added the following articles in German and Italian magazines: In the Zeitschrift für die gesammte Strafrechtswissenschaft, vol. xx. pp. 385-400, the article 'Friedrich Nietzche als criminaliste'; in Ihering's Jahrbucher für die Dogmatik der bürgerlichenrechts, vol. xli. pp. 68-111, the article by L. Jacobs entitled 'Recht, Sitte und Sittlichkeit'; in Archive Giuridice of September and October, 1901, an article by Brandileone called 'Studio sulle Svelgimento dei Rapporti Patrimoniali fra Conjugi in Italia.' In the Savignystiftung, vol. xxii. (German part) p. 443 (1901), there is also a German translation of 'Political Theories of the Middle Ages,' with an introduction by F. A. Maitland.” Address to the Colonial Premiers.-The following is a copy of an address which has been presented, with the approval of the Executive Committee of the Society, to the Colonial Premiers and others, and which may, it is hoped, lead to the Society increasing its sphere of usefulness :— THE SOCIETY OF COMPARATIVE LEGISLATION. Address to the Members of the various Colonial Governments now in England. On the occasion of the visit of the representatives of the various colonies of the Empire, at a time when the common interests of all parts of it are under consideration, the Society of Comparative Legislation submits the following facts and proposals in the belief that they may be deemed worthy of the attention of his Majesty's Government and of the Governments of the colonies :— 1. The Society was established in 1894, mainly for the purpose of obtaining and diffusing a knowledge of the course of legislation in different countries, but more particularly in the several parts of his Majesty's dominions and in the United States of America. 2. In a large degree, owing to the friendly co-operation of various Government Departments in England, particularly the Colonial and Foreign Offices, and of the colonial Governments throughout the Empire, the Society has, it is believed, been useful in furthering the object for which it was formed. 3. To name only one thing accomplished: For the first time, owing to the labours of the Society, each member or part of the Empire may now easily ascertain the legislative work and methods of all other parts. The many Statute Books of the Empire have, by means of annual summaries, digests, and indices published by the Society, been made accessible as they never were before. The Society is endeavouring to accomplish a similar work for the legislation of the chief countries of Europe. 4. Recognising the value of the work which the Society has already carried out, and believing it may be made still more useful, especially to the interests of commerce, the Board of Trade has promised to contribute a sum to the funds of the Society; and it is hoped that the journal of the Society will prove a useful medium of communication as to legal information of interest to men of business throughout the Empire. 5. A further development of the work of the Society is believed to be both practicable and opportune. The Government at home and the colonial Governments might, it is conceived, without incurring any responsibility, direct or indirect, for the action of the Society, and without trenching on the provinces of their official advisers, further aid the Society in performing still more important work. 6. Following the example of the State of New York, which in 1890 passed a Law for the appointment of Commissioners to promote uniformity of legislation in the United States, most of the States of the American Union have appointed Commissions for the promotion of such unity; conventions and conferences attended by such Commissioners have been held; and it is believed that progress has thus been made towards the end in view. 7. In connection with the Ministry of Justice in France there exists a Comité de Législation Etrangère which does useful work in regard to legislation, more especially by putting at the service of the Government information as to measures of a similar character in other countries. A similar service is rendered by the Societé de Législation Comparée. 8. The Society might, it is suggested, be made the nucleus of an organisation performing work akin to that of these bodies which two countries, recognising the need of unity in legislation and the desirableness of profiting by the experience of other countries, have created. The Society might become something more-it might become, in a sense, a legal consultative Council of the Empire. 9. Without endeavouring to forecast all possible directions of activity, it may be suggested that— (a) The Society may form one or more standing committees for the collection and interchange of information in regard to legislation between different parts of the Empire, the United States of America, and other foreign countries. (b) It might aid in assimilating and codifying large parts of the laws of the Empire; in realising, so far as is practicable and desirable, its legal unity, and in forming a Rechtsverein. (c) It might help to codify, so far as is practicable, the commercial law of the Empire to give it that which is possessed by France, Germany, Italy, Holland, and, indeed, by most of the chief States of the world, including some of them with commercial interests far inferior to ours, and to carry out a work which has been more than once declared to be expedient by the United Chambers of Commerce of the Empire. (d) It might give useful assistance in regard to such questions as naturalisation, legal education, enforcement of judgments of colonial Courts, security for costs of British subjects not resident in the United Kingdom, and many questions of private international law. (e) It might confer and advise as to the form and methods of legislation in the United Kingdom, India, and the colonies. (f) It might answer enquiries, or conduct investigations or obtain reports from competent authorities, as to foreign legislation upon questions which occupy the attention of the Imperial Parliament or of colonial legislatures. (g) Lastly, it might represent the scientific spirit, the movement towards unity, in law, never so much needed as in these days, when no one Parliament can without loss to itself afford to ignore the legislative experiments and experience of others. 10. To accomplish no small part of all this only a trifling expenditure is necessary. So far the work of the Society has been done gratuitously, and there is no intention to change this policy for the additional work here proposed. Probably a contribution of not exceeding £50 to £60 a year from each colony would suffice to meet normal expenditure. What is mainly required is organisation, cooperation, and recognition of the desirableness of the ends which the Society has chiefly in view. 11. It is tentatively suggested that a certain proportion of members of the general Council of the Society should be nominated as follows: In the United Kingdom, by The Lord Chancellor of Great Britain; The Secretary of State for Foreign Affairs; The Law Officers of the Crown, The Lord Chancellor of Ireland; The Lord Chief Justice of Ireland; The Law Officers of Ireland. The Lord President of the Court of Session of Scotland; The Lord Justice Clerk of Scotland; The Law Officers of Scotland. In each of the colonies by The Premier; The Chief Justice; The Law Officers. In India by The Viceroy and his Council. 12. With some such organisation as is here suggested-and it is needless to say that modifications of these proposals are contemplated, and that the details of organisation would require much consideration before any scheme was finally adopted-there would exist all over the Empire local legal councils, together with an Imperial Legal Council, all of them entirely unofficial, the Executive Governments at home and in the colonies being of course in no way bound by, or responsible for, the opinions or action either of the Imperial or of the local councils, each council acting independently, if desirable, and not responsible for the action of other councils; but from time to time all conferring and co-operating, their discussions being fruitful and instructive, their joint representations possessing great moral weight. 13. It is conceived that such a scheme, even if very imperfectly realised, would form an important link in the unity of the Empire. 14. A minor matter may be mentioned. The Society might, it is conceived, also aid in forming what is much needed—a central library containing complete sets of the Statutes and Ordinances of all legislative bodies within the Empire. 15. Such a library, which does not, it is believed, at present exist, would be of great importance and value, not only to lawyers, but to persons concerned with administration or engaged in business. The absence of such a library and the impossibility of procuring without much delay accurate information as to the Statute law of the Empire are serious anomalies. 16. If each of the colonies supplied a complete set of its own Statutes, the Society would probably find means of housing them in a building which would be conveniently situated, and where they could be readily consulted. 17. The Society would venture to request the various members of all colonial Governments now in this country to take into consideration the above facts and suggestions, and, in the event of their approving generally of the objects in view, to adopt such measures as they deem best fitted to further such objects. The Executive Committee of the Society will be pleased to render any practical aid in their power. Printed by Hazell, Watson & Viney, Ltd., London and Aylesbury. |