the salient features of our constitutional system, with special emphasis upon the dual aspects of our government which make possible both a state and national citizenship. The second part deals with judicial decisions before the Fourteenth Amendment, the debates in Congress over the meaning of that amendment, and the judicial decisions following it, with a chapter devoted to the minority view of the federal courts. Apparently all the decisions of the federal Supreme Court touching on the subject have been examined by the author, and the discussion is developed in an effective manner. The writer finds that the development of this subject by the Supreme Court has been consistent and logical and that the principle of the original decisions of the court, which was refined and enunciated in the dictum of the Slaughter-House Cases, has received definite form in the case of Twining v. New Jersey. He states the principle as follows: The court has concluded that the privileges and immunities which are peculiar to citizens of the United States are those which arise from the powers conferred upon the national government, which are completely protected by that government, and which are enjoyed by the individual because he is a citizen. No final enumeration of these privileges and immunities has ever been made, nor can one ever be made under a living constitution like that of the United States [p. 80]. It is difficult, however, to reconcile the writer's position with the distinct approval which he gives to the dissenting opinion of Mr. Justice Harlan in the Civil Rights Case (p. 71). The appendix contains several tables of cases on subjects pertinent to the monograph and a few select references. ARNOLD BENNETT HALL UNIVERSITY OF WISCONSIN Indian Slavery in Colonial Times Within the Present Limits of the United States. By ALMON WHEELER LAUBER. New York: Longmans, Green & Co., 1913. Pp. 352. $3.00 net. This volume contains the results of what appears to be a thorough investigation of Indian slavery as practiced by the English, although the first three chapters describe Indian slavery among the Indians themselves, the Spaniards, and the French. The work treats of the processes of enslavement, the methods of employment, the treatment of the slaves, and the final decline of the institution. The volume is interesting, not only as dealing with a neglected phase of our early history, but as affording some additional information regarding the interplay of social and economic forces in the beginnings of American society. UNIVERSITY OF WISCONSIN ARNOLD BENNETT HALL Comparative Legal Philosophy. By LUIGI MIRAGLIA. Translated from the Italian by JOHN LISLE; with an introduction by ALBERT KOCOUREK. Boston, 1912. Kocourek, in his introduction to this volume by Miraglia, tells us that it also, like Berolzheimer, is a historical presentation of legal philosophy. But one has to read Miraglia before he can realize that his treatment of comparative legal philosophy is historical. The historical character of Miraglia's treatise would not be inferred from its table of contents. That Berolzheimer is historical we see by merely glancing at its table of contents; the epochs of history stand out in his chapter headings. But when we first look at Miraglia, we think of his introduction only as historical, which is a brief, rapid sketch of the great writers on law, from Greek speculation to the modern sociological conception of law. The body of Miraglia's treatise is analytical, more accurately, historico-analytical. That is, it combines, as the reviewer would say, logic and history, but Miraglia, as a follower of Vico, says comparative legal philosophy must be a combination of the true (metaphysics), and the certain (history) (cf. p. 94). Miraglia clearly does not belong to the same school as Vanni, who presents the problem of the philosophy of law as a science of the first principles of the genetico-evolutionary theory. Comparative legal philosophy, according to Miraglia, becomes a causal explanation of legal institutions; he rests his explanation in the domain of empirical knowledge, in the domain of biology, psychology, and economics. But from this modern sociological standpoint, Miraglia brings comparative legal philosophy beyond the mere political and historical interpretation of law. Law is represented as an evolutionary growth adapting itself from age to age with variations in social conditions and responding to the ideals of the time. This, as Kocourek observes in his introduction, does not rest on a conception of causality which involves "blind, unconscious, or mechanical enfoldment of social institutions implied in a Darwinistic institution. An element of hazard is present, but the voluntary element persistently overrides the spontaneous factor or growth. This view of legal institutions is one which may confidently be expected to find among us an approving reception when it is better understood" (p. xvii). The result of Miraglia's method is a scientific metaphysics. But of such a metaphysics, we can say that it "does not lead too far into the dark, and yet holds something up to our aspirations toward knowledge." Such a metaphysics need not frighten anyone away from the philosophy of law. Miraglia's treatise is divided into two parts. Book I is a general part, occupied with an analysis of the idea of the philosophy of law; the theoretical presuppositions of the deductive idea of law; and corollaries of these theoretical presuppositions. Succeeding chapters investigate the practical foundations of the deductive idea of law, and exhibit a critical analysis of the principle definitions of law by writers like Hobbes, Spinoza, Spencer, Kant, and others. The concluding chapters of Book I are occupied with pointing out the relations of law, morals, and social science; and law, social economy, and politics; the distinction between rational and positive law; and the sources and application of positive law. Book II is entitled, "Private Law." It is an elementary treatise on law from the historico-sociological standpoint, grounded in a welldefined and clearly reasoned system of thought, which consciously correlates philosophy with the legal, social, and political sciences. "The second part of this book," Miraglia tells us in his preface, "has no other object than to extend philosophical thought over various subjects that for a long time have been considered apart from any such relation." The general purpose of the series, of which Miraglia forms the third volume, was sufficiently stated in the review of Berolzheimer in this Journal, January, 1914, p. 562. Sociologists, economists, and political theorists, as well as advanced students of law and jurisprudence, should hail the appearance of this series with an appreciation that will express itself in the actual reading of some of these volumes. For the economist, as for the case lawyer, Berolzheimer and Miraglia, the two historical volumes of the series, will furnish a wider outlook than the "ocean of cases" in which the latter is likely to be drowned, or the merely mechanical details of industry and commerce by which the former is likely to be submerged. STATE UNIVERSITY OF IOWA ISAAC A. Loos European Cities at Work. By FREDERIC C. HOWE. New York: Scribner, 1913. Pp. xvi+370. $1.75. This is a book of much value to the specialist as well as the citizen. It comes from Doctor Howe's fund of information on cities and his broad experience in municipal affairs. The first fifteen chapters describe the many social activities of German cities in planning, housing, transit, encouragement of art, protecting health, levying taxes, controlling buildings, location of factories, etc. Having described very ably, he proceeds to interpret the psychology of the citizens and of the officers. Some of the points emphasized in these fifteen chapters are: the freedom of the cities from outside interference; the success of the unearned increment tax; the farsighted vision of city officials; the profession of experts who devote themselves to city problems; the socialization of the city services; and the ideals of the German business men who control the city. The psychological interpretation is found in chap. ii, "Impressions of European Cities," and chap. xv, "The Explanation of the German City." The next five chapters are on the British cities; they do not, however, describe the British cities as fully as the chapters on Germany described the German cities. The psychological interpretation of the British city-dweller is welcomed. The ugliness of the British cities is not described, its ugliness is interpreted in psychological terms. The merits of the English system are acknowledged, viz., (1) simplicity of the machinery, (2) high character of the citizens in public life; but the lack of home rule and national exploitation for the landed classes are emphasized as the demerits. No argument is presented on municipal ownership, the cause is asserted to be won; some material proving its success is given. The last chapter best shows the spirit of the book. It is a comparison of the European and American cities in their different activities. The book has two main merits, viz.: (1) the psychological explanation for the model German cities and for the ugly British cities; (2) the frequent comparisons of the European and American cities; these Doctor Howe is excellently prepared to make. To clarify the thought the chapters should have been divided into two parts; one dealing with the German city, the other with the English city. Most of chap. vii deals with the German state, not the city "at work," and should have been omitted. SCOTT E. W. BEDFORD UNIVERSITY OF CHICAGO The Family in Its Sociological Aspects. By JAMES QUAYLE DEALEY. New York: Houghton Mifflin Co., 1912. Pp. 137. $0.75. This is an excellent little volume for the general reader and will also prove valuable for special work by classes in sociology. It is to be hoped that other special studies as good as this may be given us, as a single chapter is hardly enough for many of the topics we wish to study, and yet the younger student and the general reader do not always need to refer to compendious works. The process of development is most clearly brought out. The first chapter, "The Family as a Social Institution," is a good introduction, indicating, among other things, the possibility of human control of social change and the synthesizing function of sociology, as well as the composite character of the family and its great importance for study, since it is the fundamental social institution. Chapters on "The Family of Early Civilization," "The Patriarchal or Patronymic Family," and "The Rise of the Modern Family" attempt to compress into thirty-five pages an idea of the prehistoric and historic development of marriage. There are many good points in this section, and many suggestions that should aid the reader in attaining a scientific point of view. It is in the following chapters, however, "The Family and Religion" and "The Family Influenced by the Reformation and the State," that the present reviewer finds the greatest satisfaction. The sexual impulse, its developments and perversions; and more particularly ideas concerning these, and attitudes of mind and social ideals based hereon that have been taking shape through the centuries-these are most excellently presented. The reader will surely find many difficult points cleared up because he will find facts correlated and presented as phases of the general process of development. The present period which appears as transitional is influenced by democratic ideals and by urban conditions, as the next two chapters indicate. "The Marriage Tie and Divorce" is much like other chapters on this subject except that it is shorter and so contains fewer bare statistics. This topic is seldom well treated, being either sterile or over fervid. The concluding chapters on "Democracy in The Marriage Tie" and "The Family under Reorganization" round out this study with some positive suggestions and with an attitude of sane optimism which the reader ought to be able to share. All in all this book is to be strongly commended. CHICAGO HOWARD WOODHEAD |