History of Criminal Law. Constitutional law and history: Anson's Law and Custom of the Constitution (vols, 1 and 11); Dicey's Law of the Constitution; Hearn's Government of England; Stubb's Constitutional History; Hallam's Constitutional History; May's Constitutional History; Taswell-Langmead's English Constitutional History.

General text-books.-Stephen's Commentaries on the Laws of England; Holmes's Lectures on the Common Law; Selection of Cases; Smith's Leading Cases on the Common Law; Tudor's Leading Cases on the Law of Real Property; Finch's Select Cases on the Law of Contract; Ball's Select Cases on the Law of Torts; Thomas's Select Cases on Constitutional Law. (See Cambridge University Reporter, June, 1892.) II.-FRANCE

The most minute courses of study found among the sources of information at the disposal of the public in the National Bureau of Education are the French. We quote the entire course published in the Annual Catalogue of the Université de France, Académie de Montpellier, one of the most renowned law schools of France. It is almost identical with that of Paris and other French faculties.

It begins with the words: "The course is framed in conformity with the prescribed regulations." The work is divided into four groups for four years.

FIRST YEAR.

Civil law, Roman law, political economy, history of French law, and constitutional law.

History of French law, elements of constitutional law, and the organization of public powers.

FIRST PART.-General history of French law, public and private. (Syllabus.) Definition of ideas and terms.—Of law and history of law in general. The history of French Law.

1. THE ORIGIN.

(1) Gaul before the Roman conquest.—Primitive povulation of Gaul: Iberes, Ligures, Celts, or Gauls, their government and their social status. Influence of Celtic law conjectured.

(2) Roman Gaul.-Character and consequence of the Roman conquest. Sec. 1. Roman administration, administrative organization, municipal government, taxes, military organization, civil and criminal legislation. Condition of persons: Origin and development of "colonat."

(3) Teutonic invasions.-Sec. 1. The Teutons and their institutions before the invasions. Sec. 2. The nature of Teutonic establishments in Gaul. To what degree the Gaulic Romans preserved their liberty, property, and institutions. Principles of personality of laws. Sec. 3. Fusions of Roman institutions, and Tentonic customs. The institutions of the Frankish monarchy. Political and judicial organization. Criminal law and criminal procedure. Condition of persons and lands. Sources: Law of the barbarians, law of the Romans, the statutes of Charlemagne, monuments of practice.

(4) The Christian Church.-Its relation with the State; the church's inner constitution and the state's organization; sources of canonic law; apostolic constitutions and the canons of the apostles; the law collection of Denys the Little; the Isidorian collection, false decrees.

2. FEUDALISM.

Causes and general character of the feudal system:

(1) Special organization of landed property.-Fiefs: forms and character of a ficfcontract; its effects and sanction; limitations of the law of transmission; tenure of plebeians; the manor; tenure of serfs; free lands; freeholds; condition of persons; nobility, chivalry, plebeians, serfs, their condition; servile communities; how persons became serfs and ceased to be serfs.

(2) Hierarchical organization of fiefs and fief-possessors.-Classification of fiefs. History of their establishment.

(3) Division of sovereignty and its fusion with property.-Legislative power in feudal society. Right of war and feudal armies. Administration of justice. Taxes.

(4) The Church in feudal society.-Ecclesiastical lords. Legal condition of Church lands. Distribution of ecclesiastical patrimony among the members of the clergy. Ecclesiastical jurisdiction.

(5) Origin of feudalism. Analagous institutions in Gaul, in Germany, and the Roman Empire. Royal vassalage and its benefits. Arriere vassalage and arriere benefits. Seniority. The succession of public functions. Immunities. Sources of feudal and canonical law.

3. MONARCHY.

1. TEMPORARY MONARCHY.

Restablishment of central power.-(1) The communal movement.-The most ancient institutions which the enfranchised town sought to strengthen: Roman municipal government, sheriffalty, the "peace of God," German trade guilds. Principal forms of municipal organization: Sworn communes, consulat-towns, provost-precincts. Lorris' charter.

(2) Contest between royalty and feudalism.-Reüstablishment of the territorial union of France; conferring the right to a province reserved by the crown; inalienability of royal domains; revival of royal attributes; roll of civilians. Reëstablishment of legislative powers, judiciary powers, military powers, fiscal powers.

(3) Contest between royalty and the church, especially the papacy.-Boniface VIII, the council at Basle; the pragmatic sanction of Charles VII. Contest between royalty and the French church. Limitations of ecclesiastical jurisdiction; participation of the church in fiscal charges.

(4) Organization of a temporary monarchy.-Rules for transmission of royal power; parliaments; venality of officers; discrete justice. Organization of administrative central power; ditto military power; ditto fiscal power. Legislative power. The "Etats generaux" (diets). Administration of provinces and local liberties.

(5) Development of private law during this period.-(1) Renovation of Roman law; its influence upon public and private law. (2) Formation of custom law; distinction between the land of custom law and land of written law. Monuments of custom law. French monuments; a friend's counsel, the great commoner of Normandy; establishments of Louis the Sainted, customs of Beauvois by Dumanoir; monuments of the fourteenth century; official compilation and correction of common laws. Lawyers of the sixteenth century; Dumoulin, Guy Coquille, Loysel, etc.

2. ABSOLUTE MONARCHY.

Doctrine of Divine Law and Absolute Power.-(1) Disappearance of public liberties.National liberties: The role parliaments played; their suppression; superior councils. Local liberties: Provincial assemblies and the communes at the close of the "ancien régime" (time previous to the great revolution 1789). (2) Submission of ecclesiastical power.-"Concordat" Declaration of 1682. Limitation of the right to acqu The Protestants before and after the revocation of t

515; "Edict of small dates;" Dissenting denominations. lict of Nantes." Edict of

councils, justice, army,

beians, peasants. Conninent domain of the ey: Loans at interest

and contributing rents; concerning commerce and industry; corporations; mastership and trades' wardenship. The Edict of 1776.

Sources of law during this period.—The 'great ordinances of the sixteenth, seventeenth, and eighteenth centuries. The great lawyers of the period.

3. DEMOCRATIC EQUALITY.

The movement of the great minds of the eighteenth century: Montesquieu, Voltaire, Rousseau. New principles introduced into legislation.

Private Right.-Abolition of the feudal system and transmission of landed property. Law covering the state of persons: Marriage, family, succession. Civil Code. Reform of Criminal Law.

Public Law.-Advent of constitutional law.

SECOND PART.-Elements of Constitutional Law and Organization of Public Powers— (1) Philosophy of constitutional law.--General ideas concerning the character of constitutions. The utility of written constitutions. Who makes a constitution? Sovereignty of the people; its limits. How does it exert its sovereignty? Representative government. Theory of the right of suffrage, universal or restrained. Representation of minorities. Constitutional guarantees. Declaration of rights. The necessary liberties.. Independence and separation of powers.

(2) History of constitutional law.-Would France have a constitution if it had not been for the "Ancien Régime?" Study of the successive constitutions since 1791. To what degree each contributed to the overthrow of the government that applied or violated it.

(3) The present constitution.-Origin of the constitution of 1875. Its spirit and essential features. To what category of constitutions does it belong? The revisions to which it has been subjected. Organization of public powers. Functions of the legislative and executive branches. Reciprocal influence of these powers upon each other. Conflict of power. Revision of the constitution. Constitutional practice and the constitution of 1875.

4. POLITICAL ECONOMY.

Definitions: Production of wealth, exchange, credit, property, wages, public finances.

"Consumption" of wealth, end and aim of the entire economical mechanism. Psychological analysis of the needs and desires of man. Philosophical doctrines concerning the place which man owes to his needs and desires. The rôle currency plays and the many modifications it causes in consumption. The use of money: Expenses, savings, investments. Savings: Do they constitute work meriting wages? Expenses of luxury: Is the lavish use of money beneficial to industry? Investments: Is this form of the use of money also a form of consumption? Institutions designed to reduce expenses: coöperative societies, kitchens, etc. Institutions designed to induce savings: savings banks, etc. Institutions designed to facilitate investments; Building associations, loan emissions (State bonds). Comparative consumption of various classes of society. Of the influence consumption exercises upon public health. Falsification and adulteration of articles of consumption. Intervention of the State in matters of consumption. Municipal laboratories, etc. Public consumption, is it different from private? The future of human society looked at from the point of view of wealth-consumption.

ROMAN LAW.

This subject should not be taught longer than one and one-half years. It is not possible for the professor during the first year, though it may be an annual course, to explain purely and simply the first two books of Justinian. The professor of Roman law for the second year, the course of which is semi-annual, will have no

more time than is sufficient to explain the other two books. Sources of Roman law, fundamental ideas, condition of persons, family law, theory of patrimony, 25 lectures. Patrimony, property, real estate, 25 lectures; obligations and contracts, 40 lessons. Private law; transmission of property; succession, legacies, trusts; procedure and actions.

SECOND YEAR.

Civil law, Roman law, public international law, criminal law, administrative law. (a) Roman law.-Study of obligations.

(b) Public international law.—Introduction; definitions; its foundation; of the idea of law in the relation between states. Motives that have contributed toward the gradual development of the idea.-Objections to the existence of international law; their refutation.-International law is still undergoing the process of forma tion.-History of international law. Influence of religion upon its development in the Greek cities, in Rome. The rôle papacy played during the Middle Ages.-The writings of great lawyers and philosophers on the subject.-European international law; the idea too narrow.-Divisions of international law. Their different sources.

(1.) Of persons.-States, definitions, essential elements, comparisons of states and nations.-Different kinds of states, simple state, composed state, personal union, real union, confederation, federal state, half sovereign state, protectorate. Formation and recognition of states; the end of a state, cession of territory; absorption or annexation of one state by another. Legal consequences of the transformation of states concerning the nationality of persons, concerning public debt, concerning treaties.-Rights and performances of states; equality of states; sovereignty of states; obligations of states to each other; refugees; armaments; formation of insurrectionary bauds.-Limitation of the state's sovereignty arising from treaties; international servitude; perpetual neutrality.-Interventions; the principles of invention.-Conflicts of sovereignty relative to criminal, as well as civil law.

(2.) Benefits of international law.—Territory, limits.-Methods of territorial acquisition; its occupation.—On the sea; the principle of liberty of the sea.-Territorial seas; state laws concerning inhabitants of the coast.-Ships; nationality of ships; advantages reserved for national ships; coasting trade; intercourse.-Condition of ships on the open sea; right to visit.—Condition of ships in foreign ports.-Piracy.— Streams and rivers; rules applicable to them: Rhine, Danube, Congo, Niger.

(3.) Obligations between states.-Treaties, different kinds of treaties; their obligatory character.-Essential elements of these obligations.-How treaties are entered into, how ratified; international agreements.-The end of treaties.-Diplomatic agents, their prerogatives.-Inviolability, special territoriality.-Consuls, their attributes.

(4.) International litigation.—Peaceable solutions.-Diplomatic negotiations; mediation; conference and congresses.-Arbitration; principles of arbitration; the "Alabama Affair;" cases of arbitration that have rendered real service,-Violent solutions.-Measures of retorsion and retaliation.-Principal applications; embargo; blockade.-War; insurrection.-Trials of international regulation; the Declaration of Paris; of St. Petersburg; Conference at Brussels in 1874.-Declaration of war; its form and effects.-Expulsion of foreigners; defense of commerce against the enemy.Kinds of treaties preceding contracts.-Belligerents and non-belligerents; interests arising from this distinction.-Free corps; partisans, guerillas, freebooters.-Lawful means of war.—Artifices; usages of colors (flags); uniforms; false alarms.-Publication of false information.-Spies; balloons.-Sieges, blockades, bombardments.— Treatment of prisoners of war; treatment of the wounded.-Convention of Geneva.Conventions of war; suspension of hostilities; armistice; capitulation; bearers of the white flag.-Occupation of the enemy's territory; effects of such occupation upon administrative organization and that of justice; upon persons and their property.Requisitions and enforced contributions.-Naval warfare; special rules; private

property on the sea; cruisers.-Neutrality.-Rights and duties of neutral nations on sea and land.—Contraband goods in war; blockade; right to visit.-Close of a war; treaties of peace; general clauses; special clauses.

(e) Criminal law:-A. Penal code: infractions (or crimes) and penalties.—Philosophic introduction; rational foundation of the social right to punish; general character of punishment or penalty.-Historical introduction: Crimes and penalties in antiquity

and modern times.

(1) Crimes.-Definition and essential elements; legal elements; penal laws, nonretroactive, and not transferable upon territory. Material element: tentative. Moral element: causes of non-imputability. Defect in discernment in minors of less than sixteen years; insanity, compulson or coercion. Defect in intention. Unjust element. Errors of the court. Order of law. Legitimate defense. Classification of crimes.

(2) Penalties.-Consequences of crime: Punishment; civil reparation. Organization of penalties; principal, additional and completing penalties. Proper punishment for crime: (a) suitable to the offense; (b) common for crime and offense; (c) suitable to contraventions; (d) common for three classes of infractions or crimes. Theories concerning penitentiaries; prisons. Return of convicts. Organization of civil reparation. Restitutions; damages, charges. Execution of the penalty and civil reparation. Compulsion by combination; solidarity, etc. Application of punishment: (a) In case of one perpetrator and only one infraction. Occasions. Aggravating causes: Quality of the functionary, relapse, aggravating circumstances. Attenuative causes: excesses. Attenuative circumstances; causes of exemption from and mitigation of penalty. (b) In case several perpetrators are arraigned for the same infraction. Accomplices. (c) In cases where one perpetrator is charged with several infractions: Concurrence of offenses and non-cumulation of penalties.-Remission of penalty, by death, pardon, amnesty, and rehabilitation, prescription (return).

B. Code of criminal instruction.-Actions causing infractions. Penal jurisdiction and procedure. Historical introduction: General history of the penal law since the sixth century of Rome to the present time.

First part-Actions which are considered infractions of the law. (1) Active and passive subjects of public and civil actions. (2) Exercise of public and civil action. Difference of the two actions. Exceptions; case in which procedure is based upon complaint, authorization, previous extradition (obiter: Extradition), previous judgment upon a preliminary question. Principle of double jurisdiction of the tribunals of repression and civil tribunals in regard to civil actions. Right of option and the rule "una via electa."-Rule: "The criminal holds his rights as citizen in the state"[?] Extinction of liability to public and civil action (obiter: Prescription of the punishment).

Second part: Penal jurisdiction and procedure. (1) Police judiciary, general ideas, classification of agents, acts of the police judiciary which usually precede the indictment. (2) Preparatory instructions (indictments). (a) The judge of instruction cognizance. (b) Competence of court from the point of view of the indictment. (c) Acts which tend to collect evidence. (d) Acts which tend to secure the person charged: by mandates, or by detention, or bail. (e) Variations from ordinary rules in cases of flagrant crime. Delegation of the powers of the judge of instruction; (3) Jurisdiction of judges of instruction; of the first degree; the judge of instruction; report of this judge when the procedure is complete. Objections to his report. (b) Jurisdiction of the second degree. The chamber of accusation. Divers attributes. Its decrees. Appeal for reversal of its decrees. Appendix: Instruction upon new charges. (4) Jurisdiction of judgment. (a) General ideas. (b) Criminal court: organization, competence, "saisine"-procedure during the hearing; evidence. Appendix I: Procedure in contumacy. Appendix II: Procedure in cases of crimes committed by the press. (c) Correctional courts: organization, competence, how the tribunal of the first degree is instituted; procedure during the hearing, evidence; judgments by default, objections; contradictory judgments and appeal. (d) Sim