31 / 336
Book Reviews
Then and
Now—
1799-1974;
commemorating 175 years
of Law Bookselling and Publishing (Sweet & Maxwell).
25cm., xii, 219p. London: Sweet & Maxwell, 1974; £7.
It was a happy thought that inspired Messrs. Sweet
& Maxwell, the well known law publishers to give
an account of the numerous changes that have
occurred in 175 years not only in their own publishing
business but also in the broader general principles and
practice of law.
Professor Hood Phillips has, in the first chapter,
given a brilliant synopsis of legal authors since 1800
from Bentham and Austin to Berriedale Keith,
Jennings, Lauterpacht, Holdsworth and Dicey. Dr.
Schmitthoff, with his customary clarity has dealt
with Company Law authors, particularly Palmer and
Charlesworth. Professor Simpson, in dealing with the
Common Law, has stressed the rise of importance of
legislation as a source of law, the development of
academic law in the universities, and the decline of
the jury in England in civil trials.
Professor Mitchell, in dealing with Constitutional
Law has brilliantly underlined how the patchwork
character of the administrative state has gradually
undermined the democratic process. One of the
indirect results of deferring to the democratic process
led to the establishment of many non-legal tribunals.
He also deals with the problem of devolution par-
ticularly in relation to Scotland and Wales; the idea
that an unwarranted reliance on pragmatism and an
over - reliance on constitutional change through
politicians instead of through the Courts is noted.
Professor Mitchell's list of obstacles working against
the individual citizen — excessive centralisation, and
excessive secrecy — are only too apparent. Finally, in
dealing with the European Community Law, it is
pointed out that the individual of a member State who
has been affected by a provision of the Treaty of Rome,
has remedies either in his national Court or in the
European Community Court.
Professor Hogan has succeeded in summarising
Criminal Law in ten pages — a great achievement.
Perhaps the most interesting chapter is that by Mr.
Maxwell on the Development of Law Publishing. In
1822, the Associated Law Booksellers, including
Sweet, Maxwell and Stevens was formed; the merger
of Sweet & Maxwell Ltd. took place in 1889. Shaw
& Sons purchased Butterworths in 1895, but the
latter became a separate firm in 1905.
Two experts on the subject, John Burke and Peter
Allsop, deal with "Law Publishing To-day". Amongst
the numerous periodicals mentioned are "The Law
Quraterly Review" and "The Modern Law Review".
The publication of "Current Law" from 1947 has
rightly been an outstanding success. All well known
legal textbooks are mentioned. Sir Desmond Heap, a
former President of the English Law Society, has sum-
marised admirably the law of Local Government, while
Master Jacob has dealt expertly with the intricacies
of Civil Procedure. Mr. Tom Harper, former editor
of the Law Society Gazette, has described the solicitors
and barristers's profession. Finally, Mr. George, Joint
Editor of "The Conveyancer" has written about some
problems relating to Law and Equity such as Registra-
tion of Title and Modern Conveyancing Practice. It
will be seen that this interesting volume has not
omitted any important part of legal history in the 19th
century and will be an invaluable reference book.
E. G. Bowman and E. L. G. Tyler — The Elements of
Conveyancing;
444 pages, index 445-456. London:
Sweet & Maxwell, 1972; paperback, £4.00.
This book is aimed at students primarily for the
English Law Society's examinations and although the
usual warning as to the inapplicability of references
to the 1925 Legislation has to be made the book is in
fact quite useful for Irish students. Although it does
not reach the high standard of Farand: Contract and
Conveyance, it does aim at a more comprehensive
treatment of the field of Conveyancing and is quite
successful in this. Irish students should not proceed
past the end of chapter 9 in the book, though
Practitioners may well find some of the succeeding
chapters of considerable assistance as long as they
bear the warning about the 1925 Legislation in mind.
J.F.B.
E. L. G. Tyler — Cases and Statutes on Land Law;
255 pages; London: Sweet and Maxwell; paperback
£2.50.
This book, clearly aimed at the English Student of
Property, presents the usual difficulty for Irish readers
in that many of cases arise out of the provisions of
the 1925 Law of Poverty Act or Land Registration
Act, and indeed there are so many of these cases
summarised in the book that it is difficult to recom-
mend it at all to students in the Republic of Ireland.
On the other hand Practitioners looking for helpful
summaries of leading cases may well find it useful and
regard the modest investment of £2.50 as reasonable.
J.F.B.
29