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One can scarcely hope to have all his readers agree with his conclusions. The work of Dr. Foerster shows a scholarly study, a careful and painstaking analysis of causes and effects, and provides ample food for thought upon the important problems presented; and when one provokes thought upon a subject that is vital, he really has accomplished that which is, after all, most important.

CHARLES H. WATSON.

Mein Kriegs-Tagebuch. Vol. III: Das Dritte Kriegsjahr; Vol. IV: Das Vierte Kriegsjahr und der Friede von Versailles. By Dr. Alfred H. Fried. Zurich: Max Rascher Verlag. 1919-1920. pp. 320, 461.

These concluding volumes of the war-diary of the Nobel Prize winner for 1911, give the impression of the accomplishment of a remarkable tour de force. Laboring under the conflicting emotions of loyalty to his own people and of abhorrence of the moral guilt of the German and Austrian Governments, Dr. Fried nevertheless detaches himself personally from the conflict and applies an objective and sane moral test to events and policies as the war progresses. He belongs to that small group of able men of the type of Foerster, Lammasch, Lichnowsky, Muehlon and Nicolai, who had the moral courage to brave the obloquy of their own countrymen by their opposition to an unrighteous war. The penalty which such men must pay has been visualized for us in Galsworthy's absorbing play, "The Mob."

At each turn, the author endeavors to unmask the insincerity of the panGermans and militarists. Thus the intervention of Roumania on the side of the Entente was characterized in Berlin as a mere act of treachery. The author holds it up as a mirror wherein the defenders of the principle of military necessity may see reflected the implications of their own doctrines (III, p. 27). He defends President Wilson's message of January 22, 1917, "Peace without victory, as the crowning of the pacifist's ideal. He complains bitterly of the distortion to which this and other international documents are subjected at the hands of incompetent translators (III, p. 143). But this criticism might have applied with equal force to almost all countries during the war, and, indeed, for that matter to peace times as well.

Just as in the earlier volumes he correctly foresaw the intervention of the United States, so he now sounds a warning against the underestimation of American military strength. Make peace before it is too late, -to retreat in the face of overwhelming power is not shameful, provided the country may be saved. American intervention signifies the solidarity of the world under the banner of freedom and democracy. If the artificial bonds linking the peoples of Germany and Austria-Hungary to a wornout system could be removed, there could be peace on the morrow, and a new world would emerge (III, p. 199). Such were his thoughts in January, 1917. In April, he considers American intervention from another angle. A stiffening in the terms of the Allies and a threatened dismemberment of Austria-Hungary leads him to say: "I have such absolute faith in the disinterested pacifism of Wilson that I welcome his association with the Entente as the surest guarantee against the annihilation plans of Entente

statesmen" (III, p. 212). This confidence he retains until the end of the war, only to lose it tragically during the Peace Conference.

The author never deviates from his rigid pacifist standards even under the greatest temptation. The award of the Nobel Prize in 1917 to the International Committee of the Red Cross he considers to have been a mistake, even though the great humanitarian purposes of the Red Cross are thus promoted. But, he maintains, the Nobel foundation should be regarded not as a sum of money, but as the crowning of an idea, the abolition of war; the amount of suffering which the Red Cross was able to relieve was small in comparison with the infinitude of misery caused by the war, which for the future can be overcome only by the abolition of war, not merely by ameliorating its effects (IV, p. 94).

The diary continues to the close of the Peace Conference, which to the author was a disappointment almost as grave as the war itself. "Wilson approaches like a saint bringing salvation after this most terrible trial. Will he be heard or will he also end upon the cross?" (IV, p. 363). Curiously enough, he soon becomes an active opponent of Wilsonian policies and attacks the Covenant immediately after its presentation, upon the following grounds: because it relies preponderantly upon the dilatory method in the settlement of international disputes; because governments change, and a war-loving statesman may some day reduce the League to a mere formality by securing allies within the League; because it assumes a blind faith in the functioning of the machinery at critical moments. The author insists, instead, upon a change in the old methods by substituting a community of interest leading to more neighborly and upright international relations. "Lifeboats and lifebelts alone do not suffice against shipwreck if the ship itself is not built weatherstrong and seaworthy" (IV, p. 376). The author has by this time forgotten his earlier enthusiasm for both the dilatory method and the League (see II, pp. 7, 171, 263; IV, pp. 103, 232). Perhaps we should not judge him too severely as he returns to Vienna after four years, only to find his country dismembered and in ruins, many of his friends dead, his best hopes shattered. Under such circumstances, he is not in a psychological state to give us more than destructive criticism. He sees only the wide discrepancy between the technical efficiency of the present era and its weakened spiritual values. "Only a new humanity can bring redemption" (IV, p. 403).

In view of the recent publication in English of so many memoirs from enemy militarist sources, the reviewer ventures to hope that the present work will ultimately also appear in English form to make available to English readers the observations of this eminent Austrian pacifist. Most of the entries in this diary were published from day to day as the war progressed, free from editing ex post facto and therefore of permanent interest and value.

ARTHUR K. KUHN.

Transactions of the Grotius Society. Volume V, 1919. Problems of Peace and War. London: Sweet & Maxwell, Ltd. 1920. pp. xxvi, 154. 6s.

This number of the Grotius Society papers contains less material on technical problems of international law than its predecessors, but furnishes more matter

than they gave us on international organization. Although not a symposium representing the entire association, for the views of but a few of the members are reported, and some of the writers are not members of it, we may distinguish this number from the others by calling it a League of Nations number. Seven of the writers deal more or less directly with this subject. F. N. Keen writes on the "Revision of the League of Nations Covenant"; Major David Davies, M.P., on "Disarmament, referring to the article on armaments in the Covenant; and C. A. McCurdy, M.P., on "The League of Nations-The Work of Lawyers." Right Hon. Syed Ameer Ali, who was present at one of the meetings, made an impromptu address on "Islam in the League of Nations," and Miss Sophy Sanger, the first lady to address the Society, read a paper on "The International Labor Organization of the League of Nations." E. A. Whittuck, whom we know in connection with his compilation of international documents, writes on "A Court of International Justice," and compares the judicial institutions projected at The Hague conferences with the provision made for a court in the Covenant. Dr. W. Evans Darby approaches the question from a distance by giving an exposition of "Cardinal Alberoni's Proposed European Alliance for the Subjugation and Settlement of the Turkish Empire, 1735." If Mr. Whittuck is admirably succinct in his statement of the arrangements for an international court, Dr. Darby sustains his reputation as discoverer of past plans for world organization. It may be asked whether or not the members of the Grotius Society and their guests who went on record believe in the present League of Nations. Yes and no; but on the whole, yes, apparently with disinterestedness and without partisan bias such as might discount the views of an American, but with criticisms, reservations and recommendations that go so far as to propose a commission for the revision of the Covenant. Mr. Keen, who proposes the commission, is a friendly critic of the Covenant, but calls attention to a number of defects in it and to kinds of defects that might escape notice. The paper of Major Davies, if less analytical than that of Mr. Keen, is more speculative. He is strong for international police. He suggests that there should be organized under the League a headquarters force with divisions to preserve order distributed in different parts of the world. He advises as a remedy for the old system of national armaments, ever increasing and changing with new discoveries of science, that war's newest weapons-poison gas, war planes, heavy artillery and tanks-be ceded to the League, which alone should control new military inventions, together with submarines and the latest type of battleships, and that the armaments of the different states should be restricted to their protection from internal disturbances.

Mr. McCurdy, although a lawyer, introduces into his paper for the sake of provoking discussion, some broad moral and religious considerations rather than legal technicalities. He is impressed by the need of educating public opinion against war. He condemns the traditional international law of Grotius, which, in his judgment, is more respected in its breach than its observance. This system regards war as a normal occurrence, and has rules for the conduct of war and for the rights and duties of neutrals; but under the system which it is proposed to introduce by the Covenant, "the nations will no more dream of subscribing to a code for the conduct of war than national states at present

dream of drawing up codes for the perpetration of murder or theft, and the so-called rights of neutrals will disappear." He holds that the observance of order depends not upon enactments, or policemen, or even upon agreements, but upon a high standard of morality operating in the consciences of the people as a restraint upon evil-doing. He declares that the principles of ethics that apply to individuals must also apply to nations, and that above all else, if war is to be stopped, an unrepentant world must be convicted of a sense of sin.

The Right Hon. Syed Ameer Ali argues for a place in the League for Islam, especially for Turkey and Persia (which latter state was not then included), such as is accorded to two Buddhistic states and to Hedjaz, which, however, represents only a section of Arabia that has revolted against the leadership of Islam. Miss Sanger gives a hopeful account of the work to be undertaken by the international labor organization under the League of Nations.

The Grotius Society, however, keeping in view war as well as peace, in harmony with its name, still hears papers on rules for the conduct of war. Rear Admiral S. S. Hall writes on "Submarine Warfare," and Admiral Sir Reginald Custance on "The Freedom of the Seas"; George G. Phillimore and Dr. Hugh H. L. Bellot on the "Treatment of Prisoners of War.' These are types of papers that have characterized the Grotius collection, which is the outgrowth of the World War, and differentiated it from the usual type of American discussions of international law, which have been more largely devoted to constructive schemes of world organization than to the reform of laws relating to hostilities. The laws of war and neutrality, however, still have a place in the writings of publicists, and may be of value for the future unless war is actually abandoned, which has been far from the case since the armistice was declared and the League projected.

It is impossible to summarize all these papers, but reference may be made to the views of Rear Admiral Hall on submarine warfare. He proposes to save enemy and neutral shipping from destruction by united international action. against the use of the torpedo, which was the chief cause of the destruction of shipping during the World War. He would put an end to the sinking of merchant ships by submarine torpedo vessels firing without warning, and together with this practice, the use of false colors, disguises, decoys, depth bombs, and even the dropping of bombs from aeroplanes; but is in favor of allowing prizes which may be captured but never destroyed, to be taken into neutral ports if only to restore the balance to small Powers. He advocates cruiser warfare with submarine vessels armed with guns, giving due warning, like surface craft when using the torpedo at night, and the capture of prizes as in ordinary surface warfare. He believes cruiser submarine warfare to be entirely practical, and says that, had Germany followed it, as shown by some successful experiments with submarine cruisers, she could have complied with international law and would have won the war, probably without offending America. But the arming of merchantmen, which some writers discourage, should in his opinion not be forbidden unless convoy, which made the ordinary submarine legitimate by offering it resistance, is also forbidden. The proposed surrender of a merchant ship on summons by an enemy craft is objectionable, as it would tend to destroy

the morale of the crews of merchantmen and strangle the sea-trade of Great Britain.

Pertinent to the name and purposes of the Grotius Society, as well as informing to students of international law, though outside the range of war problems, is a critical study by W. S. M. Knight of "Grotius in England." This should be read in connection with a discriminating address that Sir John Macdonnell delivered on "The Influence of Grotius," on taking the chair as the successor of Professor Goudy, who has retired from the presidency of the Grotius Society. It might well also be read in connection with Andrew D. White's laudatory essay on Grotius in his Seven Great Statesmen in the Warfare of Humanity with Unreason which is offset by the portrayal of the character of this great publicist by Mr. Grant. Mr. Grant tells us that Grotius flattered kings for the sake of getting into their society, that he wrote De Jure Belli ac Pacis in order to make his way into diplomatic service, and that while acting as an attorney for Holland he tried to persuade Great Britain to adopt views the opposite to those laid down by him in Mare Liberum. Future writers on Grotius should see this study before accepting conventional accounts of him and certain dates given for events in his life.

JAMES L. TRYON.

On Jurisprudence and the Conflict of Laws. By Frederic Harrison, with annotations by A. H. F. Lefroy. Oxford: Clarendon Press. 1919. pp. 179. This volume should be welcomed by every law student and by all who seek a presentation in brief and lucid form of the fundamental conceptions of jurisprudence. While the distinguished author of the five lectures which make up the text is better known at the present day as a critic and historian (cf. his Early Victorian Literature, The Choice of Books, Byzantine History in the Early Middle Ages), he here appears as a jurist of high rank whose thought and style are both logical and clear.

Mr. Harrison was appointed in 1877 by the Council of Legal Education professor of jurisprudence, international law (public and private), and constitutional law, and lectured at the Inns of Court for twelve years, Mr. Bryce being his colleague with courses on the civil law of Rome. The lectures of Mr. Harrison appeared in the Fortnightly Review in 1878 and 1879, and are now printed as revised by the author and with annotations by Professor A. H. F. Lefroy of the University of Toronto. Despite the fact that in 1918 Mr. Harrison had reached his eighty-eighth year and had long ceased to labor in the field of jurisprudence, many friends were anxious to have these studies placed in an accessible form; and the result has assuredly justified their wishes.

Two of the five lectures are concerned with Austin's conception of sovereignty and his analysis of law; the third lecture discusses "The Historical Method," while the remaining two test with exactness and breadth of view the difficult "Conflict of Laws." John Austin lectured at University College (now London University) from 1828 to 1832, when he resigned and published his Province of Jurisprudence Determined; he died in 1859.

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