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British national consciousness, does not seriously detract from the value of the work. The task of bringing the book down to date from Hall's death in 1894, has been entrusted to J. B. Atlay.
When Oppenheim's treatise first made its appearance in 1905, it was accorded a rank almost equally as high as that occupied by Hall's work. An examination of the second edition (London, Longmans, Green, 1912; volume I, pp. 647) confirms the favorable opinion then expressed. While intended as a text-book for students, it is far more comprehensive and advanced than the book by Lawrence. On the other hand, the critical discussion of knotty problems prevalent in Hall's treatise is dispensed with, the author confining himself to a presentation of principles clearly discussed and illustrated by actual cases. A noteworthy feature of the work is the emphasis laid on the sections dealing with the responsibility of the state for the injuries suffered by foreigners under the manifold circumstances in which these may be occasioned. With the increasing presence of nationals abroad and the investment of capital in foreign countries, the relations between governments and domiciled or transient aliens are giving rise to the majority of international controversies. And yet, the lawyer seeks in vain among most of the general treatises for aid in the solution of these practical problems. Well-selected bibliographies placed at the head of each chapter in Oppenheim's book remind one of Bonfils' popular treatise, and constitute a useful feature of the work.
Westlake's book (Cambridge, University Press, 1910; volume I, second edition, pp. 372) while the smallest of the four under discussion is perhaps the richest in content. Westlake, the dean among international lawyers, has not undertaken a complete survey of the whole field of international law, but has devoted his attention to the more important topics only. The second edition differs from the first merely in the addition of notes to the various chapters; the body of the work could hardly be improved upon. Whatever doubts there may be as to whether international law is law in the strict sense, it is certain that the reader of Westlake's treatise will be convinced that the problems of the subject demand the keenest legal reasoning for their solution. While the long sentences at times make difficult reading, every page is illumined by the fine thinking of the learned author, and the book is justly credited by most lawyers and investigators as the best treatise in English on international law. 1 Contributed by Edwin M. Borchard.
Monsieur Emile Bouvier is the author of an excellent little book entitled Les Régies Municipales (Octave Doin et Fils, Paris 1910, pp. 443) which treats the subject of municipal ownership in France, England, Italy, Germany, the United States and Switzerland. He traces the causes and progress of municipalization in these several countries, its present status, the financial results, the law and jurisprudence governing municipal ownership, and the limits of municipalization. His study is scholarly and scientific in character though not comprehensive in scope. He shows that the French municipalities have lagged behind the other countries mainly on account of the attitude taken by the Council of State in regard to the powers of the French communes with respect to municipal exploitation, this body having uniformly held that they have no general power to engage in industrial enterprises except the water supply and a few other services not of a fiscal character. Monsieur Bouvier criticises severely this jurisprudence of the Council of State and argues that a liberal and reasonable interpretation of the law would give them the power which many of them wish to exercise. He even accuses the Council of State of inconsistency and cites numerous decisions in support of his position. The book contains a valuable bibliography of the literature of municipal ownership in English, French, German and Italian, which will be of much use to students of the subject.
Proportional Representation, by John H. Humphreys (London, Methuen, pp. xx, 400), is a careful and well written study of various systems of representation, including a critical discussion of the results of majority and plurality elections under both single member and general ticket plans, of the older methods of minority representation, such as the limited vote and the cumulative vote, and of the second ballot system in continental Europe, followed by an account of various systems of proportional representation in different countries. The defects of the existing system in Great Britain are shown to be: (1) often a gross exaggeration of the strength of the victorious party; (2) sometimes a complete disfranchisement of the minority; and, (3) at other times a failure of a majority of citizens to obtain their due share of representation. These results lead to false impressions of public opinion, unstable legislation and the undue exaltation of party machinery. The "swing of the pendulum” in the sudden changes in party majorities in the House of Commons goes far beyond the actual change in the popular vote.
The earlier methods of minority representation are shown to have accomplished the results intended, but to furnish an inadequate basis for a true system of representation. Of the various systems of proportional representation, Mr. Humphreys urges that they all secure better results than under the majority vote. He points out that the single transferable vote, which has been generally preferred in English speaking countries, leaves the individual voter more free from the dictation of party managers than the list systems of Continental Europe.
A strong case is made out against the majority or plurality vote as a satisfactory basis for representing the various lines of public opinion. But the numerous systems of proportional representation show the difficulty of devising a satisfactory method; and the author fails to show clearly how the system of cabinet government can be readily adjusted to a representative house made up of a number of party groups. The book has been primarily written with reference to the electoral reform measure expected before the end of the present British Parliament; but should have a wider influence, especially in the United States, where the problem is no less important.
Unemployment, though primarily and fundamentally a problem in economics, becomes a matter of interest to students of political science as soon as serious propositions are put forward looking to the active intervention of the government in providing measures of relief. Though attracting comparatively little attention at this time in the United States, the problem of unemployment has now for years constituted one of the leading social questions with which foreign governments are compelled to deal. As the result of this interest a large amount of exceedingly valuable material, in the form of reports of governmental inquiries and private studies, has been published in recent years. One of the latent and most comprehensive studies in this field is the work of Mr. I. G. Gibbon, entitled Unemployment Insurance, a Study of Schemes of Assisted Insurance. (London. P. S. King & Son, 1911. pp. xxii, 354). In making this study, the author has apparently had two purposes in view: to give a description and critical account of all efforts made in Europe for the relief of unemployment through the establishment of insurance and quasi-insurance schemes; and to determine, in the light of this experience what should be the policy of the British Government in respect to this matter. The result is a work which admirably supplements the studies of W.
H. Beveridge and D. F. Schloss, on Unemployment and Insurance against Unemployment respectively, which appeared in 1909. The most important conclusions of the author are that compulsory insurance against unemployment or the compulsory requirement of contributions by employers to an insurance scheme are inadvisable, that every possible encouragement should be given to the organization by the workmen themselves, through their trade unions and otherwise, of unemployment insurance systems, that one form of such encouragement should be the subsidizing of systems of this character by the government, and that the government should create a state institution to which workmen, not in a position to make use of private institutions, can, if they desire to do so, resort for insurance against their inability to find employment. The work contains an excellent bibliography of the subject.
International Arbitration and Procedure, by Robert C. Morris (New Haven: Yale University Press, 1911. Pp. 238). This brief treatise to which a note of commendation by President Taft is prefixed contains a historical review of the more important arbitrations of ancient, mediæval and modern times, bringing the record down to the decision announced last year by The Hague Court in the Savarkar case. The grounds of international disputes, the attitude of The Hague conferences toward arbitration, and the work of the permanent court at the Hague are discussed. The movement for general arbitration treaties and the customary exception of questions involving independence, national honor, and vital interests are also noted and President Taft's position with regard to the proposed treaties with England and France is vigorously upheld.
The author has attempted to present a large subject within, perhaps, somewhat too narrow limits, and, for a general treatise, too large a proportion of the space is devoted to passing conditions. On account, however, of his experience as lecturer on International Arbitration in the Yale Law School and as counsel in the Venezuelan Arbitration, Mr. Morris is qualified to present the subject in an authoritative manner. The admirable lucidity of the style causes the reader to wish that the treatment had been more extensive. Slight reference to practice or procedure is made in the text, but in an appendix are collected the rules of procedure of the Venezuelan Commission and of The Hague Court.
The Proceedings of the Second National Conference of the American Society for the Judicial Settlement of International Disputes has been
published by the secretary of the Society, Mr. Theodore Marburg, (Baltimore, 216 pp.) and contains the papers read at the annual meeting of the Society held in Cincinnati last November. In pursuance of the aim of the Society to emphasize at each meeting the most prominent current phase of the peace movement, the discussions at the first meeting were primarily concerned with the proposition to create a court of arbitral justice, while at the second meeting it was natural that the proposed general arbitration treaties with England and France, at that time pending in the senate, should have bulked largest in the discussions and addresses. The attitude of the administration toward the treaties is well presented in addresses by President Taft and Secretary Knox. The subsequent action of the senate perhaps renders some of the matters discussed of only passing interest, but other more general matters also received attention, such as the possibilities of the permanent Court of Arbitration at The Hague, and the means of educating public opinion in favor of peace.
(Book notes have been contributed to this department of the Review by Mr. E. M. Borchard, Profs. J. W. Garner, M. H. Robinson, J. A. Fairlie, J. M. Mathews, and others.)
THE WISCONSIN STATE BOARD OF PUBLIC AFFAIRS.
The State Board of Public Affairs, authorized by the legislature of Wisconsin at the session of 1911, is composed of the governor, secretary of State, chairmen of the finance committees of the Senate and Assembly, and three other persons appointed by the governor. The administration of the affairs of the Board is in the hands of Dr. B. M. Rastall, director, until recently the assistant director of the Milwaukee Bureau of Economy and Efficiency, and of Mr. Robert A. Campbell, secretary, formerly in charge of the Legislative Reference Library of California.
Under the auspices of the Board an investigation into the school system of the State is now being conducted, emphasizing especially the condition and needs of the rural schools. Mr. S. G. Lindholm, of the New York Bureau of Municipal Research, is supervising this survey, assisted by Dr. Horace L. Brittain and Mr. A. N. Farmer, also of the Bureau of Municipal Research. The investigation covers all phases of the subject-equipment, supply and efficiency of instructors, the school as a social factor, consolidation of school districts, school history of pupils, inspection, hygiene and sanitation. Nor does the survey end with the school itself. A thorough study