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vention of the United States in connection with the assignment of mandates by the Council of the League of Nations to particular states.

Part II undertakes to construct a general theory of the mandate system, and after defining the political status of the territories placed under A. B. and C mandates deals at some length with administrative problems and with the civil status of the inhabitants of the several territories under mandate. Other chapters deal with the economic equality secured to third states and with the status of religious missions. A lengthy appendix contains the texts of the various mandates and of the treaties entered into in connection with them.

Dr. Joffre's volume is written more particularly with French readers in view, to whom the author wishes to make better known the "New Syria” over which France is exercising a mandate. But in spite of its somewhat restricted outlook and its patriotic defense of the administration of the mandate it contains much useful material, presented in an unusually attractive style. The first four chapters deal with the geographic, racial, religious and economic features of Syria, with the agreements and treaties relative to the Levant, with the general nature of mandates, and with the establishment and administration of the particular mandate over Syria. More important to the American reader are perhaps the succeeding chapters on the Syrian Federation and the individual states which compose the federation. Here within brief compass the author gives us many useful details of the practical problems involved in the organization of a government adapted to so many divergent and conflicting elements; and in the face of the difficult task imposed upon the mandatory state one is almost tempted to forget recent scandals and to accept the author's conclusion that France may be proud of its rôle of benevolent guardian and Syria grateful.

C. G. FENWICK.

Das Geld in Theorie und Praxis des Deutschen und Ausländischen Rechts. By Arthur Nussbaum. Tübingen: J. C. B. Mohr (Paul Siebeck), 1925. pp. xv, 278. Index, M. 13.

The purpose of this treatise on the theory and practice of money under various legal systems, is a systematic exposition of the general economic principles of money as reflected in the legislative and judicial acts of modern commercial and industrial nations. The treatment of the subject is logically divided into two books.

The first book, entitled General Principles, discusses the traditional economic theories of money, with interesting comment by the author on points on which he differs from the views of some of the older writers in this field. The four chapters of the first book include such topics as, Concept of Money, Value, Debts, Money Equivalents, and concludes with an outline of the more recent course of currency legislation in Germany.

The second book treats of money problems in practice, and involves concrete application of the general principles enunciated in the first book. The

three chapters of the second book deal with subjects of such current international interest as Money Fluctuations and Their Influence on Floating Debts, Foreign Exchange Obligations, and Trade by means of Foreign Credit Instruments.

The second book is deserving of careful consideration by those interested in international financial questions and the varying policies adopted by the legislative, judicial, and administrative authorities of different nations in meeting problems essentially similar in origin. These policies have too frequently savored of political expediency rather than of sound economics. This has been especially true in the field of fiat money. The debtor classes, usually numerous, and always the exponents of cheap money, render ready support to the political opportunist for his specious doctrines.

In commenting upon the financial policies of different nations in periods of currency unsettlement, the author directs attention to the United States with its issues of depreciated greenbacks in the period of readjustment following the Civil War. He points out the bitter political controversy which raged over the constitutionality of the Legal Tender Acts, an issue on which the Supreme Court was divided in Hepburn v. Griswold (75 U. S. 603) almost simultaneously with the increase in the membership of that court from seven to nine.

The book shows evidence of careful preparation, a comprehensive knowledge of the subject matter, together with an intimate acquaintance with the many authorities in this field. Following the table of contents there is a four-page bibliographical note covering the legal literature on money in the industrialized nations. Among the Anglo-American authors in this field he mentions Laughlin, Garland and McGehee. Throughout the book there is a wealth of notes, references and citations tending to amplify the text.

The author, Dr. Arthur Nussbaum, has been for some years the Professor of Commercial Law and Civil Procedure at the University of Berlin. His legal training and academic experience have fitted him to make substantial contributions to this increasingly important field. Since 1916 he has written. a number of treatises dealing with the legal aspects of various international economic questions. The present book is timely and deserving of attention by those desiring a brief but accurate orientation on international currency problems.

HOWARD S. LEROY.

Concise Bibliography of Hugo Grotius. By Jacob Ter Meulen. Leyden: A. W. Sijthoff, 1925. pp. 88. Index.

Liste Bibliographique de 76 Editions et Traductions du de Iure Belli ac Pacis de Hugo Grotius. Par Jacob Ter Meulen. Leiden: E. J. Brill, 1925. pp. 50. Table.

Dr. Ter Meulen, the learned librarian of the Peace Palace at The Hague, has put all students of Grotius under obligation for the excellent contribution to Grotian bibliography made by him as a part of the tercentenary celebra

tion of Grotius. The Concise Bibliography will supersede the work of Rogge which appeared after the tercentenary of Grotius' birth. It is prefaced by a good summary of the life and genealogy of the founder of modern international law.

In his Liste Bibliographique of the 76 editions and translations of Grotius' magnus opus reprinted from the Bibliotheca Visseriana, Volume 5, Dr. Ter Meulen has done more than prepare a check list. Each edition is carefully described and identified. Comparing Dr. Ter Meulen's list with the check list of editions published in this JOURNAL (April, 1925, pages 259–262), it may be noted that the latter lists the same Latin editions with one omission, that of Jena, 1680, and to the translations listed Dr. Ter Meulen adds one French (Leyden-Lyons, 1760), and one German edition (Frankfort, 1721). Both of these bibliographic aids will be indispensable to the student of Grotius. In this connection it may be permitted to call attention to an article by Dr. P. C. Molhuysen published in the communications of the Netherlands Royal Academy of Sciences (Division of Literature, 60, series B, no. 1, Amsterdam, 1925), in which he shows that the first edition of the De Jure Belli Ac Pacis appears in two states, page 489 having been reprinted. J. S. REEVES.

International Law in Ancient India. By S. V. Viswanatha. London, New York and Toronto: Longmans, Green & Co., 1925. pp. x, 214. Index. $3.75.

The reviewer recalls vividly with what interest he read many years since certain passages from the Ordinances of Manu (as translated by Burnett and Hopkins) tending to show, on the one hand, the humane customs of warfare practiced by the ancient Indians (or at any rate recommended by the Brahman priesthood) and, on the other hand, their Machiavellian maxims or principles of diplomacy. Some of these customs and maxims were included in the historical section of the Essentials of International Public Law published in 1912 (No. 20, pp. 29–30 and notes).

And now appears a very learned little book by a Hindu scholar which shows conclusively that these and other relatively humane customs of warfare and Machiavellian principles of diplomacy formed part of the ancient political and legal systems of India which appear to have been widely practiced by the ancient Indian nation-states, at least since the earliest Vedic or Rig-Vedic period. It is, indeed, surprising to learn what an advanced and highly developed stage many of their ideas and customs both of international law and of diplomacy had reached. They compared very favorably (and in some respects were in advance) of modern ideas and practices.

This is particularly true of their rules of warfare. Thus, the rights of non-combatants and of those not participating in actual fighting

were very carefully guarded. Among those not to be slain in battle were: "Those who are sleeping, thirsty, fatigued, or insane; those who are flying or walking along the road; those who are engaged in eating or drinking; those who have been mortally wounded or extremely weakened by wounds; those who are in fright; those who are unfit for further action; those who are struck with grief; and those who are camp followers or doing menial services." Wholesale destruction and devastation (particularly the felling of fruit trees) were forbidden and, as a rule, non-combatants were exempt from the severities and barbarities of warfare. Only men in arms might be killed in battle; if captured, these were to be held as prisoners of war.

Levies en masse were allowed, but guerilla fighting was generally condemned. "Only such instruments were to be used as would barely bring about the disabling of the enemy. Weapons which caused unnecessary pain or which inflicted more suffering than was indispensable to overcome the foe, are condemned by all ancient authorities." (p. 149). Quarter was not

to be denied. Real property was not to be confiscated, but the invader might enjoy the usufruct thereof. Booty appears to have been freely taken and distributed, the king taking the lion's share. The enemy character of vessels was determined by their destination.

In the final chapter on "Neutrality" (Ch. X), the author shows that the conception of neutrality was more highly developed in ancient India than amongst the Greeks and Romans. Though there were no elaborate rules of neutrality, as in the case of warfare, alliances, or diplomacy, at least six kinds of intermediary relationships (between war and peace) are in evidence. Neutral goods that might be of use to the enemy were subject to capture. "The characteristics which determined contraband in ancient India were the quality of the goods and the nature of their destination." (p. 197).

The Machiavellian character of Hindu diplomacy is evident, though our author does not stress this point. He refers to the fact (p. 124) that "Kautilya has been styled the Indian Machiavelli" because his Arthásāstra "subordinates considerations of morality to experience and practical gain." This is certainly the essence of Machiavellianism. The Epics contain detailed regulations regarding diplomacy (p. 29). According to Kautilya, who is the main authority on this subject, "a watchful king, was to consider his immediate neighbor a natural foe. . . The next king beyond his neighbor, . . . was his natural friend" (p. 33). Alliances were common, and the idea of the balance of power was not unknown. Permanent embassies were unknown, but the law of embassy was highly developed. In speaking of the Machiavellian character of Indian diplomacy, it should not be overlooked that war was regarded as a last resort and should be waged only if all other expedients of maintaining peace had failed.

On the whole, it may be said that this book constitutes a real contribution to the history of international law. It brings within our Western purview a considerable body of knowledge which should tend to broaden our horizon

and make us realize that there is much that is not new under the sun or exclusively European or Occidental. It is to be hoped that the author will soon be able to present us with his history of "Medieval Indian Diplomacy" which is to be a companion volume to this book.

AMOS S. HERSHEY,

Manuel de Droit International Privé.

By André Weiss. 9th ed. Paris:

Receuil Sirey, 1925. pp. xxxviii, 737. Fr. 30.

This book by Professor Weiss, now Vice-President of the Permanent Court of International Justice, was first published under a somewhat different title. It was accorded the Wolowski prize in 1888 by the Académie des sciences morales et politiques. It is designed primarily as a manual for the use of students. It may be found useful to a wider circle, however, when employed in connection with the author's voluminous treatise, in which the authorities are cited in extenso. Here the discussion advances systematically with less digression and with emphasis rather upon the statement of principles. The author presents the law of his own country governing nationality, as a sort of foundation for the entire topic, although he recognizes that it lies partially within the field of public rather than of private law. About one-third of the book is taken up with the various phases of the subject. The present edition adds material drawn from war legislation and also from the Treaty of Versailles so far as it is applicable to the inhabitants of the reconquered provinces.

In the main portion of the book, which deals with the conflict of laws proper, the author makes a comparison of the doctrines by countries. The principles of Anglo-American law in this field are considered by him to be much behind the times in comparison with the systems of the Continent, and this he believes to be due to the residual influence of the feudal period (p. 422). Whatever the opinion of the reader, he will doubtless absolve the author from patriotic bias, because in many respects he is most critical of French legislation. Thus he attacks the wisdom and the justice of Article 14 of the Civil Code, the effect of which is to give exclusive jurisdiction to French courts in actions between French citizens and foreigners, even though the French citizen be domiciled abroad. The author points out how easily this rule leads to international retorsion (p. 622). The lesson to be drawn would seem to be that the same rule which tends to maintain public tranquillity between states is also suitable for jurisdictional adjustments of private international justice "suum cuique."

The author frequently makes use of the term ordre public international where the rule of public order or policy is not only strictly local, but where the accepted principle in many countries is quite contrary to the rule in France. Thus he employs the term to explain French law in its refusal to recognize the validity of divorces granted French citizens in foreign coun

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