Editorial Committee of the Cambridge Law Journal

The Causes of War and the Conditions of Peace by Quincy WrightThe Cambridge Law Journal, Vol. 6, No. 1 (1936), pp. 143-144Published by: Cambridge University Press on behalf of Editorial Committee of the Cambridge LawJournalStable URL: http://www.jstor.org/stable/4502925 .

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Book Reviews. Book Reviews. 143 143

Recht und Sittlichkeit. Von RUDOLF LAUN. Dritte erweiterte und vermehrte Auflage. Berlin: Verlag von Julius Springer. 1935. vi and 109 pp. (RM. 4.80.)

IN 1924 the author delivered a rectoral address, entitled Recht und Sittlichkeit, at the University of Hamburg; and in 1927 this appeared, but with the text unaltered, in a second edition. In the present work this address, again unaltered, forms the first chapter. The remaining chapters, which are new, deal successively with the following topics:- Die Autonomie des Rechts; die Positivitdt. des Rechts; die Allgemein- giltigkeit des sittlichen und rechtlichen Sollens; Volksrecht gegen Juristenrecht; die Trennung der Gewalten. The authcr now a member of the Law Faculty of the University of Michigan, has rightly retained the original title, Recht und Sittlichkeit, for this enlarged work, since in all its chapters he is concerned, in one way or another, with juristic and philosophical speculation regarding Recht (law) and Sittlichkeit, a term which may be defined, in the language of the late Lord Haldane, as 'the system of habitual or customary conduct, ethical rather than legal , or, in other words, 'those principles of conduct which regulate people in their relations to each other, and which have become matter of habit at the stage of culture reached, and of which, therefore, we are not explicitly conscious' (see 'Higher Nationality', 1913, pp. 22-26). In Professor Laun's book one of the main themes is the relationship between Recht and Sittlichkeit, an ancient problem which has caused much learned discussion and controversy from the time of Ihering to the present day; and to that problem the author has given his own solution. While it is impossible in the present short notice to enter into a consideration of Professor Laun's conclusions and of the reasoning upon which they are based, it may be remarked that, as a fresh and enlightened study of this problem, his closely-packed pages deserve a careful examination by jurists and philosophers. Students of Mr. C. K. Allen's chapters on Custom and Precedents, in his 'Law in the Making', may wish to compare Professor Laun's chapter on Volksrecht gegen Juristenrecht (pp. 81-102). On Volksrecht (folk-law) and Juristenrecht (jurists' law), see Allen, op. cit., ed. 1927, pp. 69-85; and Vinogradoff, 'Collected Papers', 1928, vol. II, pp. 415, 420, 465 ff.

H. D. H.

The Causes of War and the Conditions of Peace. By QUINCY WRIGHT, Professor of International I,aw at the Tniversity of Chicago. Longmans, Green & Co. xi and 148 pp. 1935. (5s.)

THIS publication of the Graduate Institute of International Studies at Geneva is the product of a number of years' research at the University of Chicago, and is a reproduction of a series of lectures delivered by the author at that Institute in 1934.

The purpose of the book is rather to provide an outline for a study of the causes of war, and it represents the result of a series of approaches

Recht und Sittlichkeit. Von RUDOLF LAUN. Dritte erweiterte und vermehrte Auflage. Berlin: Verlag von Julius Springer. 1935. vi and 109 pp. (RM. 4.80.)

IN 1924 the author delivered a rectoral address, entitled Recht und Sittlichkeit, at the University of Hamburg; and in 1927 this appeared, but with the text unaltered, in a second edition. In the present work this address, again unaltered, forms the first chapter. The remaining chapters, which are new, deal successively with the following topics:- Die Autonomie des Rechts; die Positivitdt. des Rechts; die Allgemein- giltigkeit des sittlichen und rechtlichen Sollens; Volksrecht gegen Juristenrecht; die Trennung der Gewalten. The authcr now a member of the Law Faculty of the University of Michigan, has rightly retained the original title, Recht und Sittlichkeit, for this enlarged work, since in all its chapters he is concerned, in one way or another, with juristic and philosophical speculation regarding Recht (law) and Sittlichkeit, a term which may be defined, in the language of the late Lord Haldane, as 'the system of habitual or customary conduct, ethical rather than legal , or, in other words, 'those principles of conduct which regulate people in their relations to each other, and which have become matter of habit at the stage of culture reached, and of which, therefore, we are not explicitly conscious' (see 'Higher Nationality', 1913, pp. 22-26). In Professor Laun's book one of the main themes is the relationship between Recht and Sittlichkeit, an ancient problem which has caused much learned discussion and controversy from the time of Ihering to the present day; and to that problem the author has given his own solution. While it is impossible in the present short notice to enter into a consideration of Professor Laun's conclusions and of the reasoning upon which they are based, it may be remarked that, as a fresh and enlightened study of this problem, his closely-packed pages deserve a careful examination by jurists and philosophers. Students of Mr. C. K. Allen's chapters on Custom and Precedents, in his 'Law in the Making', may wish to compare Professor Laun's chapter on Volksrecht gegen Juristenrecht (pp. 81-102). On Volksrecht (folk-law) and Juristenrecht (jurists' law), see Allen, op. cit., ed. 1927, pp. 69-85; and Vinogradoff, 'Collected Papers', 1928, vol. II, pp. 415, 420, 465 ff.

H. D. H.

The Causes of War and the Conditions of Peace. By QUINCY WRIGHT, Professor of International I,aw at the Tniversity of Chicago. Longmans, Green & Co. xi and 148 pp. 1935. (5s.)

THIS publication of the Graduate Institute of International Studies at Geneva is the product of a number of years' research at the University of Chicago, and is a reproduction of a series of lectures delivered by the author at that Institute in 1934.

The purpose of the book is rather to provide an outline for a study of the causes of war, and it represents the result of a series of approaches

This content downloaded from 195.34.79.223 on Fri, 13 Jun 2014 08:02:00 AMAll use subject to JSTOR Terms and Conditions

144 The Cambridge Law JournaL

to the problem by members of different Departments of the University of Chicago.

The lectures present the world in a series of four pictures, first as ' a system of material forces of varying magnitudes in a condition of relatively unstable equilibrium *, secondly as * a system of law defining the relations of legal persons by propositions systematically related to each other \ The third picture is of ' a community within which person- alities communicating with each other in a variety of inter-penetrating groups, each combined by common symbols, are united as a whole by the symbol of the family of nations \ In the author's fourth picture, the world appears as ' a population of human individuals, each behaving according to his heredity and experience, as a result of which the

population has spread over most of the world \ After analysis through a large range of '

approaches', it appears that through public opinion alone can a natural proneness to war be

mitigated, and this by means of ' central organization with wide powers of communication for education, especially for peace education \ The removal of the belief that war is inevitable does not seem possible until there ceases to exist any probability that war will serve any end, political, economic or cultural, for any state.

The Bibliography appended is remarkably complete, and provides references to sources for those who care to carry further this line of research.

144 The Cambridge Law JournaL

to the problem by members of different Departments of the University of Chicago.

The lectures present the world in a series of four pictures, first as ' a system of material forces of varying magnitudes in a condition of relatively unstable equilibrium *, secondly as * a system of law defining the relations of legal persons by propositions systematically related to each other \ The third picture is of ' a community within which person- alities communicating with each other in a variety of inter-penetrating groups, each combined by common symbols, are united as a whole by the symbol of the family of nations \ In the author's fourth picture, the world appears as ' a population of human individuals, each behaving according to his heredity and experience, as a result of which the

population has spread over most of the world \ After analysis through a large range of '

approaches', it appears that through public opinion alone can a natural proneness to war be

mitigated, and this by means of ' central organization with wide powers of communication for education, especially for peace education \ The removal of the belief that war is inevitable does not seem possible until there ceases to exist any probability that war will serve any end, political, economic or cultural, for any state.

The Bibliography appended is remarkably complete, and provides references to sources for those who care to carry further this line of research.

Civilisation and the Growth of Law. By William A. Robson, Ph.D., LL.M., B.Sc. (Econ.), Barrister-at-Law, of Lincoln's

Inn; Reader in Administrative Law in the University of London. Macmillan & Co., Ltd. 1935. xv and 354 pp. (12*. U.)

Ir, as the learned author confesses, * the writing of this book has

been a strange and exciting adventure ', none the less will it prove so to the student who reads it. Its object is ' to depict the inter actions between people's ideas about the universe on the one hand and the laws and government of mankind on the other '. The inter-relation and mutual influence upon each other of legal and political institutions, and the forces of Magic, Religion and Science, are considered with the ambitious aim of producing some synthesis.

Part I on the Origins of Law deals with the mutual influences of Law and Religion, and the later invasion of a rational element to sweep away ancient irrationalities such as serfdom, slavery, burning for witch-

craft, and so on. It is, however, the wealth of illustration and the

seeming '

universality ' of the inquiry that are the stimulating values of

the book. Dr. Robson adds another chapter to the discussion of the nature of Law, and appears to follow Professor Malinowski in flouting the suggestion that primitive tribesmen moved about ' in a sort of custom-bound trance'. Voluntary customs were, and still are, distin- guished, in primitive communities, from law.

Part II is devoted to the Law of Nature, while Part III deals with

Civilisation and the Growth of Law. By William A. Robson, Ph.D., LL.M., B.Sc. (Econ.), Barrister-at-Law, of Lincoln's

Inn; Reader in Administrative Law in the University of London. Macmillan & Co., Ltd. 1935. xv and 354 pp. (12*. U.)

Ir, as the learned author confesses, * the writing of this book has

been a strange and exciting adventure ', none the less will it prove so to the student who reads it. Its object is ' to depict the inter actions between people's ideas about the universe on the one hand and the laws and government of mankind on the other '. The inter-relation and mutual influence upon each other of legal and political institutions, and the forces of Magic, Religion and Science, are considered with the ambitious aim of producing some synthesis.

Part I on the Origins of Law deals with the mutual influences of Law and Religion, and the later invasion of a rational element to sweep away ancient irrationalities such as serfdom, slavery, burning for witch-

craft, and so on. It is, however, the wealth of illustration and the

seeming '

universality ' of the inquiry that are the stimulating values of

the book. Dr. Robson adds another chapter to the discussion of the nature of Law, and appears to follow Professor Malinowski in flouting the suggestion that primitive tribesmen moved about ' in a sort of custom-bound trance'. Voluntary customs were, and still are, distin- guished, in primitive communities, from law.

Part II is devoted to the Law of Nature, while Part III deals with

This content downloaded from 195.34.79.223 on Fri, 13 Jun 2014 08:02:00 AMAll use subject to JSTOR Terms and Conditions