Embed Size (px)
Citation preview
Editorial Committee of the Cambridge Law Journal
The Conflict of Criminal Laws by Edward S. StimsonReview by: H. C. G.The Cambridge Law Journal, Vol. 6, No. 3 (1938), p. 479Published by: Cambridge University Press on behalf of Editorial Committee of the Cambridge LawJournalStable URL: http://www.jstor.org/stable/4503092 .
Accessed: 14/06/2014 16:08
Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at .http://www.jstor.org/page/info/about/policies/terms.jsp
.JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range ofcontent in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new formsof scholarship. For more information about JSTOR, please contact [email protected].
.
Cambridge University Press and Editorial Committee of the Cambridge Law Journal are collaborating withJSTOR to digitize, preserve and extend access to The Cambridge Law Journal.
http://www.jstor.org
This content downloaded from 195.34.79.223 on Sat, 14 Jun 2014 16:08:20 PMAll use subject to JSTOR Terms and Conditions
Book Reviews. Book Reviews. Book Reviews. 479 479 479 those relating to the rule against perpetuities, the prioritJr of mortgages under the present law, and restrictive covenants, Dr. Cheshire has made a further advance in the lucid e2rposition of matters of difficulty with which he has previously grappled with a large measure of success. The new edition will maintain and increase the high reputation the work already enjoiys. In the preparation and printing of so extensive a work some errors must inevitably be overlooked; but we have been surprised at meeting so few in the course of its perusal. Only two appear to call for notice. On p. 785, BradZey s. McTamney should be BradleXy v. McAtamrsey, and on p. 808 it seems that the italicized word ' before ' has been inserted by oversight for ' after '.
D. T. O.
The Confict of Criminat laws. BY EDWARD S. STI1K[SON, Assistant Professor of Law, Washington University. Chicago: The Foundation Press, Inc. 1936. 8vo. 2ri and 219 pp.
THE question of t}le eozercise of criminal jurisdiction over foreigners is one which has received more attention on the Continent and in the United States than in England. It has been dealt with, in certain of its aspects, by the Harvard department for research in international law, but Professor Stimson's clearly written and compact monograph is, so far as the reviewer is aware, the most systematic attempt made hitherto by an Anglo-American lawyer to analyse the nature of criminal jurisdiction and to formulate the general principles on which it is based. The main problem i8 to discover the law to be applied in determining the legal consequences of an act done in one State but producing its effect another. This question has given rise to much conflict and uncertainty. There will be general agreement with the learned author's view that the law which governs should be that of the State in which the guilty person was present at the time of committing the, act. A feature of this work which is of special interest to us is the comparative study which it contains of the rules of English and American law as to jurisdiction on the high seas. An omission for which it would, however, be unfair to blame the author is that of the kindred topic of jurisdiction in the air. This is a question which contains many thorny problems and was under discussion by the Institut de Droit International at the Lu2remburg Session in August 1937. Professor Stimson's little book will be of value not only to international but also to criminal lawyers in England, xvho will find it a useful guide if they lose their way-as is often the case--in the jungle of statutes and case law which conceal the rules on which jurisdiction is based.
H. C. G.
The English Legat System. By G. R. T. RADCLIFFE, D.C.L., and GFEOFFREY CROSS, M.A. London: Butterworth & Co. (Publishers), Ltd. 1937. 428 pp. (16s.)
TE[E authors state in the Preface that their purpose in writing this work was to supply the need which has arisen of a book dealing with the
those relating to the rule against perpetuities, the prioritJr of mortgages under the present law, and restrictive covenants, Dr. Cheshire has made a further advance in the lucid e2rposition of matters of difficulty with which he has previously grappled with a large measure of success. The new edition will maintain and increase the high reputation the work already enjoiys. In the preparation and printing of so extensive a work some errors must inevitably be overlooked; but we have been surprised at meeting so few in the course of its perusal. Only two appear to call for notice. On p. 785, BradZey s. McTamney should be BradleXy v. McAtamrsey, and on p. 808 it seems that the italicized word ' before ' has been inserted by oversight for ' after '.
D. T. O.
The Confict of Criminat laws. BY EDWARD S. STI1K[SON, Assistant Professor of Law, Washington University. Chicago: The Foundation Press, Inc. 1936. 8vo. 2ri and 219 pp.
THE question of t}le eozercise of criminal jurisdiction over foreigners is one which has received more attention on the Continent and in the United States than in England. It has been dealt with, in certain of its aspects, by the Harvard department for research in international law, but Professor Stimson's clearly written and compact monograph is, so far as the reviewer is aware, the most systematic attempt made hitherto by an Anglo-American lawyer to analyse the nature of criminal jurisdiction and to formulate the general principles on which it is based. The main problem i8 to discover the law to be applied in determining the legal consequences of an act done in one State but producing its effect another. This question has given rise to much conflict and uncertainty. There will be general agreement with the learned author's view that the law which governs should be that of the State in which the guilty person was present at the time of committing the, act. A feature of this work which is of special interest to us is the comparative study which it contains of the rules of English and American law as to jurisdiction on the high seas. An omission for which it would, however, be unfair to blame the author is that of the kindred topic of jurisdiction in the air. This is a question which contains many thorny problems and was under discussion by the Institut de Droit International at the Lu2remburg Session in August 1937. Professor Stimson's little book will be of value not only to international but also to criminal lawyers in England, xvho will find it a useful guide if they lose their way-as is often the case--in the jungle of statutes and case law which conceal the rules on which jurisdiction is based.
H. C. G.
The English Legat System. By G. R. T. RADCLIFFE, D.C.L., and GFEOFFREY CROSS, M.A. London: Butterworth & Co. (Publishers), Ltd. 1937. 428 pp. (16s.)
TE[E authors state in the Preface that their purpose in writing this work was to supply the need which has arisen of a book dealing with the
those relating to the rule against perpetuities, the prioritJr of mortgages under the present law, and restrictive covenants, Dr. Cheshire has made a further advance in the lucid e2rposition of matters of difficulty with which he has previously grappled with a large measure of success. The new edition will maintain and increase the high reputation the work already enjoiys. In the preparation and printing of so extensive a work some errors must inevitably be overlooked; but we have been surprised at meeting so few in the course of its perusal. Only two appear to call for notice. On p. 785, BradZey s. McTamney should be BradleXy v. McAtamrsey, and on p. 808 it seems that the italicized word ' before ' has been inserted by oversight for ' after '.
D. T. O.
The Confict of Criminat laws. BY EDWARD S. STI1K[SON, Assistant Professor of Law, Washington University. Chicago: The Foundation Press, Inc. 1936. 8vo. 2ri and 219 pp.
THE question of t}le eozercise of criminal jurisdiction over foreigners is one which has received more attention on the Continent and in the United States than in England. It has been dealt with, in certain of its aspects, by the Harvard department for research in international law, but Professor Stimson's clearly written and compact monograph is, so far as the reviewer is aware, the most systematic attempt made hitherto by an Anglo-American lawyer to analyse the nature of criminal jurisdiction and to formulate the general principles on which it is based. The main problem i8 to discover the law to be applied in determining the legal consequences of an act done in one State but producing its effect another. This question has given rise to much conflict and uncertainty. There will be general agreement with the learned author's view that the law which governs should be that of the State in which the guilty person was present at the time of committing the, act. A feature of this work which is of special interest to us is the comparative study which it contains of the rules of English and American law as to jurisdiction on the high seas. An omission for which it would, however, be unfair to blame the author is that of the kindred topic of jurisdiction in the air. This is a question which contains many thorny problems and was under discussion by the Institut de Droit International at the Lu2remburg Session in August 1937. Professor Stimson's little book will be of value not only to international but also to criminal lawyers in England, xvho will find it a useful guide if they lose their way-as is often the case--in the jungle of statutes and case law which conceal the rules on which jurisdiction is based.
H. C. G.
The English Legat System. By G. R. T. RADCLIFFE, D.C.L., and GFEOFFREY CROSS, M.A. London: Butterworth & Co. (Publishers), Ltd. 1937. 428 pp. (16s.)
TE[E authors state in the Preface that their purpose in writing this work was to supply the need which has arisen of a book dealing with the
This content downloaded from 195.34.79.223 on Sat, 14 Jun 2014 16:08:20 PMAll use subject to JSTOR Terms and Conditions
