THE GREEN BAG

interfered with by the bringing in of remote matter. It would seem that the author, who has undoubtedly investigated his subject carefully, would have produced a more valu able book if he had confined himself more closely to the cases and the law, and had not gone so far afield into early English constitu tional history and philosophical treatises on government. JURISPRUDENCE. " Some Contributions of Psychology to the Conception of Justice," the presidential address of James H. Tufts at the annual meeting of the Western Philoso phical Association, is printed in the Decem ber Michigan Law Review (V. v, p. 79). His thesis is that the law and society should be and are continually getting away from the idea of treating human beings as mere ab stractions; that no man is properly dealt with by rule; that one gets justice only when his own peculiar makeup is considered. In Mr. Tufts' own words: "The history of law has been a gradual introduction of a more psychological stand point. That is, it has dealt more with the real man, less with a fictitious self analogous to the old metaphysical substances and essences; but there is still room for progress." The attitude of the American people towards the problem of the just distribution of wealth is keenly set forth as follows: "In this full sense of justice, I think no one can fail to see not merely that our system is not just, but that no distribution of prop erty is likely to be just. We may remove some of the inequalities, we may require de cent sanitation and honest food, we may heed ' the bitter cry of the children,' handicapped by premature toil and indecent surroundings, we may give to all the best of education, we may even, if we please, attempt to restore equality by taking over as a community the land, or the means of production; but even then I believe no system of distribution in property can be devised which will be true to all the complex life of its members — which will be fully just. "Indeed, we may go on to say that the American people does not care very strongly that this is so. This may be due in some cases to a religious conviction that the social

order with all its inequalities is divinely or dained; in others, to an optimistic blinking of the facts; but I believe that there is a more widely operative reason. The American pre fers an economic order in which there are prizes and blanks, to an order in which every man will draw out in proportion to what he puts in. He prefers an exciting game to a sure but tame return of his investment. He may call for a ' square deal,' but we must remember that a ' square deal ' in the great American game from which the metaphor is taken is not designed to make the game less one of chance. It is designed to give full scope to luck and nerve. A game in which every player was sure to win, but also sure to win just what he had put in, would be equit able, but it would not be a game. The Amer ican suspects that the measures advocated as giving juster distribution may somehow rob life of its excitement and its passion. Possibly he may even think that the very strain of the process develops some elements of char acter which he fears to lose. But whatever the motive, in the hope of better luck next time, or of a better start for his children, or in the very stress and struggle, he thinks little of the justice or injustice of it all." JURISPRUDENCE. "The Judiciary Sys tem of the New State, as Suggested by the Judicial Systems of the States Lying East of the Mississippi River," by Ezra Brainerd, Jr., American Lawyer (V. xiv, p. 363). JURISPRUDENCE. "Evolution of Law by Judicial Decision," by Robert G. Street, American Lawyer (V. xiv, p. 490). JURISPRUDENCE ( Philippines). "Some Legal Aspects of the Philippines," by James H. Blount, American Lawyer (V. xiv, p. 495). JURY REFORM (England). T. R. Bridg water in " Our Jury System Reformed," No vember Law Magazine and Review (V. xxxii, p. 66), makes some suggestions for changes in the English jury system. JUVENILE COURTS. " Fair Play for Way ward Children," by Alice Katherine Fallows, December Century (V. lxxiii, p. 253). An account of juvenile court work in several cities.