Der Dauernde Friedeby Rudolf Laun

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<ul><li><p>Editorial Committee of the Cambridge Law Journal</p><p>Der Dauernde Friede by Rudolf LaunReview by: F. M.The Cambridge Law Journal, Vol. 11, No. 1 (1951), p. 160Published by: Cambridge University Press on behalf of Editorial Committee of the Cambridge LawJournalStable URL: http://www.jstor.org/stable/4504052 .Accessed: 14/06/2014 11:02</p><p>Your use of the JSTOR archive indicates your acceptance of the Terms &amp; Conditions of Use, available at .http://www.jstor.org/page/info/about/policies/terms.jsp</p><p> .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 support@jstor.org.</p><p> .</p><p>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.</p><p>http://www.jstor.org </p><p>This content downloaded from 185.2.32.106 on Sat, 14 Jun 2014 11:02:54 AMAll use subject to JSTOR Terms and Conditions</p><p>http://www.jstor.org/action/showPublisher?publisherCode=cuphttp://www.jstor.org/action/showPublisher?publisherCode=eccljhttp://www.jstor.org/action/showPublisher?publisherCode=eccljhttp://www.jstor.org/stable/4504052?origin=JSTOR-pdfhttp://www.jstor.org/page/info/about/policies/terms.jsphttp://www.jstor.org/page/info/about/policies/terms.jsp</p></li><li><p>.160 .160 The Camb ridte Law Jou orsal The Camb ridte Law Jou orsal </p><p>De Iure l'raedae com??lentarius. BY HUGO GROTIUS. V01. I: A[VOL l 1 Translation of the Original Manuseript of J 604 by Gwladys L. Williams and Walter H. Zeydel. Vol. II * Reproduction of the Orig}nal Manuscript. [Londonv Oxford University Pressv 1950. xxiv And 488 pp.; 168 pp. 4 4s. net.] </p><p>THE publication of this early work from the pexl of Grotius con- cludes the series of Classics of Interr atxonal Law whach was initiated in 1906 by James Brown Scott. The last volume is worthy of its predecessors both in substance and in formr Its appearance is especially welcome since tbis work which has not been readily available offers t}e key to Grotius' chief work, De lure Bellt ac Pacis. The Careegie Endowment and the publishers are to be congratulated for }arring provided the student of international law with this truly magnificent edition. </p><p>K. LJ </p><p>Ver Vauernde hede. BY RUDOLF LAUN. [Hamburg: Unilersitfr Press and Conrad Kloss. 195(). 44 pp. DM. 1.10.] </p><p>IN this rectorial address to the Unilrersity of Hatnburg Professor Laun appl}es Kantian ethics to international law and, in particular} to the problem of the mainterlance of peace. The ' categorical imperative ' which commands respect for human rights finds its application within the State and is safeguarded in positive law by many constitutional provisions. In war however, the dictates of this moral law are brushed sside. The problem then, is to make the moral con,sciollsness of man triumph over.the political interests defended by State governments. This, Professor Laun suggests, must take place along lines which recognise that the power of Parliaments and Governments alike is merely derivative; the supreme legislative power ls the moral and legal consciousness of aII nlankindv </p><p>Professor Laun admits that the required changes, both ifl organisation and in the mentality of human beings-who as yet feel bound blirldly to follcpw the dictates of their authorities in matters or war and lwace-will take time. But he believes that, in the same manner as men ceased to fight for the spread of their religions they wilI cease to fight for the interests of thew State. He might have added that at the end of the Thirty Years War religious belief had lost the fervour of the Reformation and Counter- Reformation. In other words his thesis amounts to a belief, from a historical perspective, that, in a changing world the intensity of nationalism will cease and, with it, the desire to go to war on behalf of the nation-State It is to be hoped that history will prove him right. </p><p>F M </p><p>De Iure l'raedae com??lentarius. BY HUGO GROTIUS. V01. I: A[VOL l 1 Translation of the Original Manuseript of J 604 by Gwladys L. Williams and Walter H. Zeydel. Vol. II * Reproduction of the Orig}nal Manuscript. [Londonv Oxford University Pressv 1950. xxiv And 488 pp.; 168 pp. 4 4s. net.] </p><p>THE publication of this early work from the pexl of Grotius con- cludes the series of Classics of Interr atxonal Law whach was initiated in 1906 by James Brown Scott. The last volume is worthy of its predecessors both in substance and in formr Its appearance is especially welcome since tbis work which has not been readily available offers t}e key to Grotius' chief work, De lure Bellt ac Pacis. The Careegie Endowment and the publishers are to be congratulated for }arring provided the student of international law with this truly magnificent edition. </p><p>K. LJ </p><p>Ver Vauernde hede. BY RUDOLF LAUN. [Hamburg: Unilersitfr Press and Conrad Kloss. 195(). 44 pp. DM. 1.10.] </p><p>IN this rectorial address to the Unilrersity of Hatnburg Professor Laun appl}es Kantian ethics to international law and, in particular} to the problem of the mainterlance of peace. The ' categorical imperative ' which commands respect for human rights finds its application within the State and is safeguarded in positive law by many constitutional provisions. In war however, the dictates of this moral law are brushed sside. The problem then, is to make the moral con,sciollsness of man triumph over.the political interests defended by State governments. This, Professor Laun suggests, must take place along lines which recognise that the power of Parliaments and Governments alike is merely derivative; the supreme legislative power ls the moral and legal consciousness of aII nlankindv </p><p>Professor Laun admits that the required changes, both ifl organisation and in the mentality of human beings-who as yet feel bound blirldly to follcpw the dictates of their authorities in matters or war and lwace-will take time. But he believes that, in the same manner as men ceased to fight for the spread of their religions they wilI cease to fight for the interests of thew State. He might have added that at the end of the Thirty Years War religious belief had lost the fervour of the Reformation and Counter- Reformation. In other words his thesis amounts to a belief, from a historical perspective, that, in a changing world the intensity of nationalism will cease and, with it, the desire to go to war on behalf of the nation-State It is to be hoped that history will prove him right. </p><p>F M </p><p>This content downloaded from 185.2.32.106 on Sat, 14 Jun 2014 11:02:54 AMAll use subject to JSTOR Terms and Conditions</p><p>http://www.jstor.org/page/info/about/policies/terms.jsp</p><p>Article Contentsp. 160</p><p>Issue Table of ContentsThe Cambridge Law Journal, Vol. 11, No. 1 (1951), pp. i-viii+1-188Volume Information [pp. i-viii]Front Matter [p. 1-1]Jurisdiction, Practice and Procedure of the Court of Appeal [pp. 3-14]Some Points of Comparison between the Companies Act, 1948, and the French Law of Companies [pp. 15-30]Propositions about Law [pp. 31-39]The Prerogative Writs [pp. 40-56]A Note on Broadmoor Patients [pp. 57-66]Frederic William Maitland [pp. 67-73]A Ramble with Res Ipsa Loquitur [pp. 74-92]International Congress on Private Law [pp. 93-94]Notes on Recent CasesAdministration. Payments by Executors under Mistake of Law. Equitable Right in Personam. Ministry of Health v. Simpson [1950] 2 All E.R. 1137 [p. 95]Bills of Sale. Attempted Gift of Furniture by Husband to Wife While Co-Habiting with Her before Marriage. Validity of Gift. Bills of Sale Act, 1878. Hislop v. Hislop [1950] W.N. 124 (C.A.) [p. 96]Charitable Trust. Criterion of Public Benefit. Gilmour v. Coats [1949] A.C. 426 [p. 97]Charitable Trust. Public Element. Common Employment. Educational Trust. Poverty Cases. (a) Oppenheim v. Tobacco Securities Trust Co., Ltd. [1951] 1 All E.R. 31, H.L. (b) Re Coulthurst, Decd. [1951] Ch. 193. (c) Re Scarisbrick [1950] Ch. 236 [pp. 97-99]Conflict of Laws. Petition for Nullity. Polygamous Form of Marriage. Law Reform (Miscellaneous Provisions) Act, 1949, s. 1 (1) and (2). Risk v. Risk [1950] 2 All E.R. 973 [pp. 99-100]Contract. Frustration. Uncontemplated Turn of Events. Power of Court to Qualify Literal Terms of Contract. British Movietonews, Ltd. v. London and District Cinemas, Ltd. [1951] 1 K.B. 190 (C.A.) [pp. 100-101]Contract. Illegality. Agreement for Loan in Contravention of Exchange Regulations. Loan Not Made. Security for Repayment Irrecoverable. Bigos v. Bousted [1951] 1 All E.R. 92 [pp. 101-102]Contract. Injury to Passenger. Breach of Implied Warranty. Covenant. Injury to Tenant on Staircase. (a) Protheroe v. Railway Executive [1951] 1 K.B. 376. (b) Devine v. London Housing Society [1950] 2 All E.R. 1173 [pp. 102-103]Contract. Repudiation. Anticipatory Breach. William Cory &amp; Son, Ltd. v. City of London Corporation [1951] 1 K.B. 8 [pp. 103-104]Contract. Sale of Goods. Innocent Misrepresentation. Claim to Rescind Executed Contract. Sale of Goods Act, 1893. Leaf v. International Galleries [1950] 2 K.B. 86 (C.A.) [pp. 104-105]Contract. Sale of Land. Whether Time of Essence. Right to Forfeit Deposit and Re-Sell. (a) Smith v. Hamilton [1951] Ch. 174. (b) Rickards v. Oppenheim [1950] 1 K.B. 616, C.A. [pp. 105-106]Contract. Service Agreement. Statute of Frauds. Quantum Meruit. Notice. James v. T. H. Kent &amp; Co., Ltd. [1950] 2 All E.R. 1099 (C.A.) [pp. 106-107]Criminal Law. Bigamy. Seven Years' Absence. Second Marriage. Precedent in Criminal Appeals. R. v. Taylor [1950] 2 K.B. 368 (C.C.A.) [pp. 107-108]Criminal Law. Sentence Exceeding Two Years for Common Law Misdemeanor. Criminal Justice Act, 1948. R. v. Morris [1951] 1 K.B. 394 (C.C.A.) [pp. 108-109]Gift. Donatio Mortis Causa. Deposit Accounts. Sufficiency of Deposit Books as Indicia of Title. Birch and Another v. Treasury Solicitor [1950] 2 All E.R. 1198 (C.A.) [pp. 109-110]International Law. Immunity. Property. In Possession and Control of States. Bailment. Dollfus Mieg &amp; Compagnie S. A. v. Bank of England [1949] 1 Ch. 369; [1950] 1 Ch. 333 (C.A.) [pp. 110-111]Marriage. Nullity. Formalities. Consent. Frustration. Kenward v. Kenward [1951] P. 124 (C.A.) [pp. 111-112]Mercantile Agent. Possession of Car with Consent of Owner. Registration Book Obtained by Trick. Sale of Car with Book. Title of Innocent Purchaser. Factors Act, 1889, s. 2 (1). Pearson v. Rose &amp; Young, Ltd. [1951] 1 K.B. 275 (C.A.) [pp. 112-113]Perpetuities. Settlement. Limitation Dependent upon Void Limitation. Settlor's Intention. Re Mill's Declaration of Trust [1950] 1 All E.R. 789; [1950] 2 All E.R. 292, C.A. [pp. 113-114]Personal Property. Common Inn. Car Stolen. Notice Purporting to Exclude Liability. Traveller. Hospitium. Innkeeper's Liability. (a) Gee, Walker &amp; Slater, Ltd. v. Friary Hotel (Derby), Ltd. [1950] T.L.R. (Pt. 1) 59 (C.A.). (b) Williams v. Linnitt [1951] 1 All E.R. 278 (C.A.) [pp. 114-115]Settled Land. Mortgage. Settlement Not Disclosed. Settled Land Act, 1925, ss. 18, 98, 112. Weston v. Henshaw [1950] Ch. 510 [pp. 115-116]Tort. Husband and Wife. Deprivation of Consortium. Negligence of Third Party. Best v. Samuel Fox &amp; Co., Ltd. and Another [1950] 2 All E.R. 798 [pp. 116-117]Tort. Negligence of Servant. Unauthorised Passenger. Extent of Master's Liability. Conway v. George Wimpey &amp; Co., Ltd. [1951] 1 All E.R. 363 (C.A.) [pp. 117-118]Trusts. Mutual Wills. Agreement by Husband and Wife to Carry out Each Other's Wishes. Re Green (Decd.), Lindner v. Green [1951] Ch. 148 [pp. 118-119]</p><p>Book ReviewsReview: untitled [pp. 120-123]Review: untitled [pp. 123-126]Review: untitled [pp. 126-128]Review: untitled [pp. 128-131]Review: untitled [pp. 131-132]Review: untitled [pp. 132-134]Review: untitled [pp. 134-135]Review: untitled [pp. 135-136]Review: untitled [pp. 136-137]Review: untitled [pp. 137-138]Review: untitled [pp. 138-139]Review: untitled [pp. 139-140]Review: untitled [pp. 140-142]Review: untitled [pp. 142-143]Review: untitled [pp. 143-145]Review: untitled [pp. 145-147]Review: untitled [p. 147]Review: untitled [pp. 147-150]Review: untitled [pp. 150-151]Review: untitled [p. 151]Review: untitled [pp. 151-152]Review: untitled [pp. 152-153]Review: untitled [p. 153]Review: untitled [p. 154]Review: untitled [pp. 154-156]Review: untitled [pp. 156-157]Review: untitled [p. 157]Review: untitled [pp. 157-158]Review: untitled [p. 158]Review: untitled [pp. 158-159]Review: untitled [p. 159]Review: untitled [p. 160]Review: untitled [p. 160]Review: untitled [p. 161]Review: untitled [pp. 161-162]Review: untitled [p. 162]Review: untitled [pp. 162-163]Review: untitled [pp. 163-164]Review: untitled [p. 164]Review: untitled [p. 164]Review: untitled [pp. 164-165]Review: untitled [p. 165]Review: untitled [pp. 165-166]Review: untitled [p. 166]Review: untitled [pp. 166-167]Review: untitled [p. 167]Review: untitled [pp. 167-168]Review: untitled [p. 168]Review: untitled [p. 168]Review: untitled [pp. 168-169]Review: untitled [p. 170]Review: untitled [p. 170]Review: untitled [pp. 170-171]Review: untitled [p. 171]Review: untitled [pp. 171-172]</p><p>Books Also Received [pp. 172-188]</p></li></ul>