< Page:The Green Bag (1889–1914), Volume 21.pdf
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America's Greatest Institutional Treatise

application in the manner displayed throughout our author's discourse on jurisprudence. Under Andrews' masterful hand, the philosophy of the law loses its mystery and becomes simply the reason why we adopt the rule, and how and when it should be applied. Theory and prac tice are not distinct; theory is the guid ing force, practice the application of it. Jurisprudence is demonstrated to be a science, and in the hands of this author its vocation is to classify, arrange and apply the great immutable body of principles, doctrines and rules of law as they exist and are used in this country (see pp. 28-30). The next part, in reality Part One of the treatise proper (commencing p. 118), embraces the right and law governing our personal social relations, commonly called Constitutional Law, Corporate Relations, Domestic Relations, and Per sonal Liberty. Here is exhibited our great Constitutional scheme of national and state governments, seemingly so complex, reduced to a simple and har monious system, and here again we see the influence of Wilson's great funda mental work upon our author's treatise, and it is well at this point to recall Wilson's words of solemn warning as to the necessity of maintaining the dis tinction between the national and state governments, when he declared in 1791:— The people of the United States must be considered attentively in two very different iews—as forming one nation, great and united; and as forming, at the same time, a number of separate states, to that nation subordinate, but independent as to their own interior government. This very important distinction must be continually before our eyes. If it be properly observed, everything mill appear regular and proportioned: if it be neglected, endless confusion and intricacy will unavoidably ensue.

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The striking features of this portion of Andrews' work are his grasp of this fundamental distinction in his treatment of national and state powers, the effect of the post helium amendments, the ex planation of the Bill of Rights, and the examination of local self-government, supported and illustrated by citations showing the latest developments. This portion, embracing some six hundred pages, is easily the strongest treat ment of our Constitutional Law yet given to the world, and in itself consti tutes a classic. Turning now to Part Two, the Law of Property (p. 671), we find about five hundred pages taken up with the subject of contracts in general and the sub-contracts, or topics of agency, part nership, sales, etc., making up the gen eral subject of Commercial Law, Master and Servant, and Real Property. This part of the work is very strong in treat ment, with a citation of great scope and consequently of real practical value to the practising lawyer. Of particular value are the expositions of our modern law concerning restraint of trade, trusts, conspiracies, combinations, with the cog nate subjects of strikes, boycotts and malicious interference. The effects of illegality are made more clear and defi nite by the formulation of specific rules adapted to the various situations and conditions. Real Property is treated from the modern American point of view, divested of the confusing ideas of tenure and the other incidents of the feudal system. It is a brief and concise outline, but is clear and particularly strong in the fundamentals—the idea and classifica tion of estates. Restraint on Aliena tion, Trusts and Charities are perhaps more clearly set forth than in the larger book, certainly they are seen in better perspective.

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