Page images
PDF
EPUB

for the purpose of safe-guarding the equilibrium which, threatened by the progress and unmeasured aspirations of Germany, had begun to disturb her; and to unite herself with these Powers while uniting them with one another (se rapprocher de ces puissances tout en les rapprocher les unes des autres)."

M. Tardieu presents us with a brief but interesting study of recent German foreign policy from the French point of view. He is unquestionably right in characterizing this policy as largely a "personal" one during the reign of William II. Whether readers generally will agree with him than German intervention in Morocco was a mere pretext or that "Germany has struggled for supremacy and France for equilibrium" will depend mainly upon their pro-French or pro-German sympathies; but, however well-disposed toward Germany he may be, even the most impartial student must at times deplore her diplomatic aims and methods.

It is interesting to note the restraint with which M. Tardieu speaks of the possibility of maintaining "correct" relations between France and Germany.

In his comprehensive study of the Austro-Hungarian question, M. Louis-Jaray answers three questions. 1. Is the Austrian state threatened with spontaneous dissolution? 2. Is Austria-Hungary threatened with separation? 3. Is Austria-Hungary threatened with partition? These questions are all answered in the negative.

One of the most interesting of these studies is that on the Macedonian question by M. Pinon, who predicts, p. 215, that "little by little, like a ripe fruit, Macedonia may be detached from the Ottoman Empire, while remaining attached to her by a tie of vassalage. It would be the same evolution that has been undergone in the case of Roumelia and which is now in process of completion for Crete."

The Russian question is very ably discussed by MM. Henry and Leroy-Beaulieu. Both of these eminent publicists agree that the present absolutistic and bureaucratic system in Russia is doomed and that the agrarian problem bristles with difficulties. Both seem to believe in the ultimate possibility of a constitutional and parliamentary régime for Russia, but they apparently also believe in proceeding very slowly and cautiously. Both approach their subject in the spirit of liberal conservatism rather than in one of conservative liberalism. The views of that veteran student of Russia, Leroy-Beaulieu, are evidently somewhat biased by fears for the future of the Dual Alliance between France and

Russia, whose very existence might be endangered by the triumph of the radical or revolutionary forces in Russia. He even makes this danger the ground for an exhortation to moderation or conservatism in French politics. This bias on the part of a great publicist may serve to remind us of our good fortune in the United States in that we are not yoked together with any foreign Power, reactionary or otherwise, but are free to work out our own destiny.

A. S. HERSHEY.

Das Staatsrecht des Russischen Reiches. By Dr. W. Gribowski. (Das öffentliche Recht der Gegenwart, Band XVII.) Tubingen: Verlag von J. C. B. Mohr. 1912. pp. xi, 197.

For some time there has been a need for a really good text-book of Russian public law, which should make a knowledge of the development of public law, since the granting of the constitution, available to foreign students. The only reliable text-book, which is that written by Prof. Engelmann (in Marquardsen's Handbuch), was published in the eighties and is absolutely out of date; none of the Russian literature concerning Russian public law is as yet translated into any other European language. This is the more unfortunate because of the interesting peculiarities of Russian public law and the distinctive characteristics of the Russian scientific schools. One must remember that the scientific interpretation of Russian law has already been responsible for the publication of many dozens of volumes of analysis and criticism.

Thus one might await with considerable interest the volume of the great German edition Das öffentliche Recht der Gegenwart devoted to the public law of the Russian Empire. It has now finally appeared; unfortunately, however, it is bound to disappoint many a reader. First of all, it is much too short and deals with most of the questions in a too elementary way. Secondly, the most important controversial questions are carefully avoided by the author. Moreover, the volume makes on the reader a distinct impression that the author is not a specialist in the subject he treats. Prof. Gribowski has not specialized in constitutional law; he is an historian and not a lawyer, which fact necessarily shows in his work. Unfortunately, the historical aspect of the subject is almost entirely omitted by the author, though that is the part in which he could have done his best work. This is especially regrettable because the development of the public law of Russia can hardly be made intelligible unless it is explained and interpreted in connection with the historical

evolution of the country. This applies to Russia much more than to Germany or France. Take, for instance, the laws concerning the peasants and the nobility, the Russian Constitution or Manifesto of the 30th of October, 1905, as well as many parts of the administrative law, - all these questions and many others need a wide and detailed historical interpretation, which the author does not give.

Then, also, Prof. Gribowski united in his work two widely different branches of aw, public and constitutional law proper and administrative law, which latter certainly should have received special attention and a quite different mode of treatment. It was utterly impossible for the author to treat satisfactorily both subjects in less than 200 pages without unduly curtailing them.

The contents of the volume is arranged according to the general plan of similar German text-books. First comes the theory of the Russian State. Prof. Gribowski gives in this chapter a short survey of the laws of 1905 and 1906 which make up the modern Russian Constitution; it is here however that all the difficult problems of the interpretation of Russian law are very carefully avoided, this notwithstanding the enormous amount of literature which has sprung up in Russia since 1905. The only excuse could be that a detailed treatment of these questions would take up much more space than the 8 pages devoted to them by the author.

Next comes a chapter treating with the Territory of the Russian Empire, and thirdly, the theories concerning the "Nation" (Das Volk). We find here the laws concerning the different classes of the Russian people, the nobility, the peasantry, etc., as well as the Russian theory of allegiance and the laws concerning the Jews, the Finns and foreigners. In these latter cases we have another example of the unfortunate shortness of the work. A scientist abroad, who might need data of the Russian law, concerning, for example, the Jews or foreigners, which, by the way, does happen so very often, -will feel greatly disappointed in finding that Prof. Gribowski gives so very little. The complicated question of the laws concerning the Jews is treated in less than one page (this might really seem incredible).

In the next chapter (Staatsgewalt) the reader will find paragraphs treating of the position of the Monarch and the Parliament (the Duma and the Council of the Empire), as well as with the laws dealing with the Russian franchise.

Chapter VI is devoted to the question of the theory of law, as distin

guished from an administrative order. The theory of Prof. Gribowski is based on the theory generally accepted in Germany, making a formal distinction between Gesetz and Verordnung. This is, on the whole, quite acceptable for Russian law.

Chapter VII deals with the system of the organs of the executive power, the ministers, for example. Prof. Gribowski follows here, too, the generally accepted German system. First he gives an enumeration of the central organization, the Senate, the Synod (for the Church) and the ministries; secondly come the local authorities of the government, for instance, the governors and governors-general, and, finally, the selfgoverning institutions, the Zemstros and the municipalities.

The next chapter deals with the Russian judicial system and the different courts of law. Chapter IX deals with the civil service, which constitutes a very important and interesting part of Russian public law, and Chapter X with the laws concerning the responsibility of government officials. Unfortunately, this last important question is also dealt with in a too perfunctory way, occupying only some three pages.

Finally, the last chapter is devoted to the different branches of the administration, the finances, labor legislation, the police, etc.

The language of the German translation is by no means faultless, which also is a serious impediment for foreigners who are not well acquainted with Russian law or Russian life. The volume thus is good only for short references and general ideas about the public law of Russia, and stands below the other volumes of the Offentliches Recht der Gegenwart, which fact cannot but be deplored by Russian lawyers.

BARON S. A. KORFF.

Das Staatsrecht des grossfürstentums Finnland. By Dr. R. Erich. (Das öffentliche Recht der Gegenwart, Band XVIII.) Tübingen: Verlag von J. C. B. Mohr. 1912. pp. xi, 243.

The second volume of the Öffentliches Recht der Gegenwart, dealing with the public law of Finland, was also awaited with impatience, as the previously published work of Senator Mechelin (in Marquardsen's Handbuch), dating from the eighties, was thoroughly out of date. The public law of Finland, that very small part of the Russian Empire, received a more attentive and a more cautious treatment than the public law of Russia proper, as the author specializes in the domain of constitutional law.

The system of the volume is, in the main, the same as that of Volume XVII. First comes a short historical introduction, which also is far too short. Then come the chapters dealing with the Territory of the Grand Duchy and its people (the different social classes, the foreigners, the theory of allegiance, etc.). The next chapters are devoted to the government organization. The author, first, deals with the Monarch, then with the central organization, the governor-general, the Senate and Minister for Finland; thirdly, comes a chapter devoted to the Single Chamber or Diet of Finland, which is noted throughout the world for the fact that women in Finland not only have the vote, but actually sit as members of the Diet, since the reform of 1906; thus Finland is generally cited as an example by the suffragists of different countries.

In the next chapter Prof. Erich deals with the general system of the organs, the administration, as well as the courts of law. This must be considered as the main defect of the work; it is a great pity that the author did not separate the organs of the administration from the judicial system and did not treat them apart from one another.

Prof. Erich pays much more attention to the theory of distinction between laws and administrative orders than Prof. Gribowski, devoting to it about 30 pages. This is due unquestionably to the fact that the Finnish law concerning administration is very complicated; the difficulties of its interpretation are multiplied on account of the lack of codification.

The fifth section (Abschnitt) of the volume is devoted to the different branches of the administration, the finances, the police, the schools and university, etc.

Finally, in a short concluding chapter, Prof. Erich gives the reader the Finnish theory of their country's autonomy and of Finland's relations to the Russian Empire. The author takes the view of the Finns, according to which Finland is a semi-independent state.

In comparing these views of Prof. Erich with that which Prof. Gribowski has to say about the same question, the reader will have a vivid picture of the great conflict which has arisen lately between the ideals of the Finnish people and those of the Russian Government. Prof. Erich expounds the Finnish theories, while Prof. Gribowski gives us the views of the Russian Government.

BARON S. A. KORFF.

« PreviousContinue »