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Book Reviews and Notices

Through his able book entitled Justice and Administrative Law, published in 1928, the author of the present volume is well known to students of government in the United States. In the volume now under review, the author takes the whole world for his parish. In his own words: "The object of the present work is to depict the interactions between people's ideas about the universe on the one hand and the laws and government of mankind on the other. I have endeavored to show how legal and political institutions have been influenced by magic, superstition, religion, and science; and how these great forces have in turn been influenced by the law. The essential aim throughout has been to present a synthesis." Obviously, nothing of specific research is to be expected of a small volume which seeks to cover such a wide field; and, obviously also, no one can expect a full discussion of the major influences that have determined the growth of the law. The author fully recognizes the limitations of the task he has set for himself, and indicates in his introduction that he has no intention of exhausting either the subject-matter or the reader. In discussing the growth of the law, the author, perhaps wisely, declines to define the term "law," but some confusion results from the failure to distinguish rules governing human action from other types of rules or principles which may fall within the broad use of the term "law." The author speaks disparagingly of John Austin's definition of law in terms of command and obedience, but in tracing the growth of the law, his discussion implies a definition involving sanctions which compel or persuade to obedience. It is possible to agree that it is a mistake "to emphasize the elements of express sanction-by law courts and governmental institutions," and that the legal fabric is in part woven from "various forms of cooperative practices and customary conduct," but the forces which bring general compliance with the forms of customary conduct constitute an essential element of the law and cannot be ignored. And, however we may define law, there is a difference in fact between a practice or custom which has come to have a governmental sanction and one that has not progressed so far—even though each may be generally observed. The book is divided into three parts, the first dealing with the origins of law; the second, with the law of nature; and the third, with the nature of law. Part I, which occupies more than half of the book, deals primarily with the extent to which legal institutions have been influenced by magic, superstition, and religion, and presents an interesting review of this problem. With respect to the application of the criminal law to the animal