continental scholars, a fairly adequate conception of the civic empire of ancient Rome and its moralization of Roman law, through the principle of aequitas and jus naturale, of Cicero, who led his own contemporaries through a philosophic study of law. The older Roman ethics, like the Greek ethics, was aristocratic. "From the appearance of Christianity, mankind endeavored to apply a universal humanitarian ethics to the problems of life, society, and government. But the conception was limited to a Christian article of faith so long as absence of temporal power deprived it of access to law and government, and therein lies the fundamental significance of the elevation of Christianity to an established religion within the Roman Empire" (p. 90). Justinian, the final promulgator of the civil law, was a Christian emperor.

In chap. iv we have a characterization of the bondage of mediaevalism, covering some twenty pages, in which the philosophy of St. Augustine, Thomas Aquinas, the tenet of the "two swords," economic and social restrictions, and the liberal tendencies of the Middle Ages, represented by Dante, Occam, Marsilius, and Cusanus, are briefly sketched. This ground is covered more elaborately and from the same comprehensive point of view, by Dunning, in his Political Theories Ancient and Medieval.

In chap. v the first period of modern legal philosophy is comprehensively surveyed under the title, "Civic Emancipation: Rise and Decline of Natural Law." In this chapter the mercantilists, the physiocrats, the systems of Colbert, and of Quesnay, and other physiocrats, and the classical economists, Smith, Ricardo, Say, and Malthus, are considered for their contributions to legal philosophy, along with the usually cited seventeenth- and eighteenth-century politicists and philosophers like Grotius, Hobbes, Pufendorf, Locke, Spinoza, Thomasius, Bentham, Mill, Austin, and Montesquieu. The exposition of these legal philosophies is followed by an exposition of the culminating legal philosophies of the older schools, under the leadership of Kant, Fichte, Schopenhauer, Schelling, and Hegel. Allied in spirit to this metaphysical school, Berolzheimer reviews the recent contributions of Stahl, Trendelenburg, Krause, Ahrens, Herbart, Dahn, and Lasson.

In chap. vi Berolzheimer introduces a critical review of French communism, German socialism, anarchism, and other types of socialism. He entitles the chapter, the "Emancipation of the Proletariat, Encroachment upon the Philosophy or Law by Economic Realism."

The concluding chapter of this volume is devoted to an examination of the sociological character and constructive tendencies of contem

porary legal philosophy. An effort is made to give a critical estimate of the development of sociology, under the leadership of Comte and Spencer, and the social utilitarianism represented by Shaftesbury and Ihering. Berolzheimer finds that the sociological school, through its recent representative sociologists like Gumplowicz, Ratzenhofer, Tönnies, Klöppel, and others, has contributed along with the realistic and historical trends in political economy to the reinstatement of Kant and Hegel, giving us the neo-Kantianism, and the neo-Hegelianism. The psychological aspects of law and economics are fully recognized. The closing section of the volume contains an introduction to recent surveys of fundamental problems in legal philosophy and the influence of the principles of evolution.

STATE UNIVERSITY OF IOWA

ISAAC A. Loos

Sociology: Its Simpler Teachings and Applications. By JAMES QUAYLE DEALEY. New York: Silver, Burdett & Co., 1909. Pp. 405.

In this book Professor Dealey is giving his own views, and not condensing Ward as in the Dealey and Ward Text Book of Sociology; and yet the sociology presented is the sociology of Ward and Spencer and Comte rather than the sociology of today. Some slight discussion of primitive man and early social development is followed by a good chapter on "Achievement and Civilization." The present reviewer finds the chapter on "Social Psychology" inadequate and does not consider that "The Development of Social Institutions" should constitute a half of sociological teaching. There are those who do, however, and they ought to find the six sections of this part very helpful: (1) "Economic Development," (2) "The Family," (3) "The Development of the State," (4) "The Religious Institution," (5) "The Institution of Morals," (6) "Cultural Development." Part II deals with social problems and appears to the present reviewer as a presentation that ought to appeal strongly to the instructor who desires to make much of problems and social evils in his introductory course. In the search for a good text to use in his first course the instructor certainly ought to consider this book carefully, as he may find it well adapted to his purposes. HOWARD WOODHEAD

CHICAGO

RECENT LITERATURE

NOTES AND ABSTRACTS

The Struggle of the Labor Class against Judicial Authority in the United States.— The labor struggle in the United States may be divided into (a) the period before the Civil War, but which really confines itself to the years 1827-37, and (b) from 1867 to the present time. Both periods are characterized by united efforts against the employer; the weapon used has been the strike. The greatest strike period was in 1892-94, when, after the Pullman strike, it ceased to be regarded as the most efficient means for obtaining results. The decisions of the courts have been based upon (a) common law, (b) legal interpretation, (c) constitutionality, (d) precedent. The first issue in the struggle with the courts was "the right to strike." It was held by the courts to be conspiracy. The contention, however, was gradually gained, but the very point of its effectiveness was blunted by action concerning "violence and intimidation." Boycotts and sympathetic strikes were similarly treated. Judges unwilling to appear in opposition to strikes secured the same results by their decisions regarding boycotts. Peaceful strikes were defeated by means of "injunction" and "contempt of court." The country is controlled by the courts. Their power is above that of the legislature and the executive. In the face of legislative provisions, a judge may impose a fine for "contempt," the legality of which he alone can decide.-L. B. Boudin, "Der Kampf der Arbeiterklasse gegen das richterliche Gewalt in den Vereinigten Staten," Archiv für die Geschichte des Sozialismus und der Arbeiterbewegung, IV, No. 1, 1913. M. C. E.

The Psychology of Socialism.-Socialism is an ideal, a goal toward which humanity strives. Other concepts are subordinate and are only means of obtaining this common goal, an ideal condition of human relationships in which political stability is inseparably united with industrial justice and harmony. All high aspirations grow out of desires, and all desires out of needs. This aspiration has grown out of the greatest need of mankind, the need of social justice. Every individual belongs to at least two groups, society in general, and a social class. The influence resulting from class-consciousness is very strong. Among the upper classes it determines that authority, not majority, shall rule. In the lower classes it determines that equality and equal justice shall reign. Where class oppression is too severe socialism means revolution, for every sane mature man demands the rights of maturity; if these are refused him he takes them. In an actual constitutional state where the lower classes realize that the root of all evil is not in the organization of the state, but in industry, property, and production, socialism means evolution.-"Zur Psychologie des Socialismus," Die Neue Rundschau, September, 1913. V. W. B.

The Influence of Socialism upon Political Economy.-The influence of socialism upon political economy can be traced with reference to philosophy, aims, methods, logic, and pure economy. In treating of man's struggle for a livelihood, political economy includes more than the mere physical subsistence. Hence the study thereof will depend largely upon whether the viewpoint is materialistic, idealistic, or utilitarian. Socialism has very largely taken the philosophical viewpoint and has influenced political economy by its struggle for a more idealistic economic basis. Socialism has fostered the problems: What is a legitimate wage? and, Are the profits of the entrepreneur justified? Socialism largely established the fact that low wages signify more than merely lower prices for goods-they lessen the ability of labor and thus are an injury to society. The problem of more equal distribution must be placed in the foreground, and since man is both the producer and the consumer, he can be assured of the benefits of his products only by a close study of marginal values.— Lewis H. Haney, "Der Einfluss des Socialismus auf die Volkswirtschaftslehre," Archiv für die Geschichte des Sozialismus und der Arbeiterbewegung, III, No. 3, 1913.

M. C. E.

The Sociological Significance and Structure of the Malthusian Population Theory. -Malthus' theory was a reaction against the English and French idea of progress. Their view of society, as gained through pure abstraction, was optimistic; his view, as gained through study of actual social conditions, though rather dark, was realistic. He sought the key to all misery and the factors of progress. He found the lower classes to be the great problem. Therefore, he argues, it is very essential to raise their standard of living. To do this, he advocates teaching fundamentals of trades and social science in the public schools. Outside relief is but temporary; improvement must come from within, man himself must change. He further argues that supporting the poor gives the opportunity of an increased number of marriages, hence increased population and sharpened need among the lower classes. The only solution of overpopulation is moral restraint, delaying marriage until the man is economically prepared to support a family. He considered the natural environment as fundamental in all life, the fertility of the soil, the influence of place and climate, and the law of land productivity. From this idea he formulates his law, that the population of a country is necessarily limited by its resources.-Walther Köhler, "Die sozialwissenschaftliche Grundlage und Struktur der Malthusianischen Bevölkerungslehre," Schmollers Jahrbuch, XXXVII, No. 3, 1913. H. A. J.

English Social Legislation, 1908-11.-This legislation has been along the following lines: (1) child protection, schools, and education, as compulsory education, reform schools, continuation schools, and charity education; (2) schools and vocational guidance; (3) sanitation, as tuberculosis campaigns and sanitary condition of factories; (4) industrial insurance and employers' liability; (5) old-age pensions; (6) labor conditions, as wage-scale, working-hours, and rest periods; (7) industrial arbitration; (8) problems of various industries; fixed trades, and home industry; (9) the housing and settlement conditions of laborers.-Warnack, "Der englische Sociolgesetzgebung, 1908-1911," Jahrbücher für National Oekonomie, June, 1913.

F. P. G.

The Influence of Superstitious Conceptions on the Economic and Social Life of Primitive Peoples, I.-Primitive man regards all inexplicable phenomena with superstitious fear and attaches sinister connection with past or future events to what seems perfectly natural to us. Upon a trivial omen, or a dream, he drops the most promising undertakings. Fruitful sources of interpretation are the passage of birds that bring either bad or good luck, and dreams. Days are set aside as lucky or unlucky, sometimes not less than sixteen of the month in the latter classification. Many exceedingly useful things are prohibited for fear of evil consequences, and on special occasions the ban is put on almost indispensable things. Injurious animals are protected through fear of vengeance from other animals. A great deal of the hostility of savage tribes to whites is due to superstition, which also limits the capacity of primitive folks for work.-H. Berkusky, "Der Einfluss aberglaubischer Vorstellungen auf das wirtschaftliche und sociale Leben der Naturvölker," Zeitschrift für Socialwissenschaft, July, 1913. F. P. G.

The Influence of Superstitious Conceptions on the Economic and Social Life of Primitive Peoples, II.-Wholly natural physiological events, as a birth, appear to primitive man fraught with peril and give rise to many harmful practices. The entire economic life, moreover, is largely shaped by sorcerers in the guise of the priest. The influence of these, often conscious deceivers, can hardly be estimated. All epidemics are regarded as the work of demons; the priests guide the people through them with fearful results. Human sacrifices are offered in an effort to further the prosperity of the tribe as a whole. The faith of these peoples in ordeals and divine tests for guilt is very firm, as witnessed by the death of thirty women, in one tribe, within twenty-four hours, for adultery proved by these means. In many cases, natural death is not believed; a murderer must be found by the ordeals. Superstitions concerning death not only are cause for bloodshed, but are peculiarly expensive. Even the poorest families must have an elaborate feast, while on the death of a chief the economic life of the tribe is prostrate for a month. It is probable that even the vague conceptions of immortality effect injuriously savage life. Superstition is one of the leading obstacles to material and spiritual development.-H. Berkusky, "Der Einfluss aberglaubischer Vorstellungen auf das wirtschaftliche und sociale Leben der Naturvölker," II, Zeitschrift für Socialwissenschaft, August, 1913. F. P. G.

BIBLIOGRAPHY BOOKS