Cohn, Sigmond A.

English

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712 LAW AND CONTEMPORARY PROBLEMSThe author believes, and regrets, that resort has been had to the impartial chairmanfor the decision of many questions which might have been solved by negotiation. Thiswould not seem to me to be a substantial evil. The impartial chairman can probablydecide most questions more wisely and fairly than the parties would decide them bynegotiation, and the parties probably get plenty of practice in collective bargaining inmaking their periodic contracts and in negotiating the many grievances which, no doubt,are settled without reaching the impartial chairman.The author regrets the decline in the effectiveness of the impartial chairman as amediator. In the early years of the system many cases, though brought to the impartialchairman, did not have to be decided by him, because he could induce the parties tosettle them. Beginning in 1933, the proportion of such settlements began to decline, andnow practically no cases are settled that way. I think it is natural that in any field ofcontroversy there should be, in the beginning, many cases brought into litigation whichare really not very difficult to decide, and which are, in effect, withdrawn upon the sug-gestion of the judge. After the system has become more mature, such cases are notbrought; those that are brought are harder to decide and are more worthy of litigation,and the parties are more insistent upon having them decided. Perhaps, also, when theparties have gotten used to appearing before the impartial chairman they are less affectedby his obvious wish that they settle their differences and, rather than settle them just toplease him, they leave them with him to decide.Professor Kennedy has given us a clear, well-written description and analysis of theoperation of the impartial chairmanship in one important industry. One of our greatproblems is how to make collectively bargained contracts operate smoothly and economi-cally. Studies like this should be of great help in determining whether the impartialchairmanship system is a good way to do this.J. WARREN MADDEN.Judge, Court of Claims of the United States.MAN, NATURE AND TIME: AN INTRODUCTION TO WORLD STUDY. By William AlexanderGauld. London: G. Bell & Sons, Ltd., 1946. Pp. x, 291, maps. $3.25.This book on world study is most timely. The author has based it upon the con-viction that "the elements of world unity are deeply set in the living experience of man-kind, as it develops through the ages, and that however conflicting the divisions, andhowever contrasted their lives, always and everywhere there are welding forces of worldcommunity at work."' He accomplishes his aim to prove the truth of his convictionnot so much with the fervor of an apostle who defends his creed as with the painstakinglabor of the scientist who exposes the facts.In this process he covers world relations from all angles. The physical elements intheir global interrelations, the bio-geographical factors, and economic resources are con-sidered. The human aspects are treated under the viewpoints of race and culture, ofeconomic and social orders, of movement and settlement, and of state formation andrelations between independent states and between advanced and dependent peoples. Fi-nally, the planned attempts of world organization are described.The author believes that in the interdependence of the elements of Man, Nature andTime, "Man rather than Nature gives direction and purpose in history."' 2 He sees thisdearly, for instance, in the experience that geographical influences, though they are his-torical facts, vary greatly, at different times, under the impact of human minds. Theymay separate peoples, and then again unite them as did the Alps in Europe.2 P. v1.' P. 283.BOOK REvIEwsBecause, on the one hand, man has the prevailing role in the play of Man, Natureand Time, and, on the other, world consciousness is not nature-given, but rather "anacquired characteristic" 3 of man, the lack of world study in formal education should beremedied. Perhaps it was due to this deficiency that older diplomacy assumed that "theinterests of nations are necessarily antagonistic, and that state sovereignty is the final wordin national and social evolution."4Among the experiments of world organization which aim at overcoming those faultyconcepts the author mentions as quite recent forms those of internationalism and cos-mopolitanism. In the first he sees an attempt to form "an organized super-national so-ciety, built out of independently functioning constituent national societies." 5  The otherhe considers "more hypothetical as it takes the unity of mankind for its starting pointrather than its goal and would ignore the present structure of world states altogether. 'The author thinks that very few persons believe in either of these ways toward worldorganization. When the book was written, two years ago, he could not yet realize thatsovereignty would again develop as a formidable obstacle to international understanding.Thus he could hardly know that the longing for it would induce more and more peopleto set their hope in world organization by any of the means mentioned or by any othermeans, the youngest of which is perhaps the striving movement of world federation.One owes the author hearty thanks for the many and thorough ways in which heexposes the fact of the basic unity of this world.SIGmtNm A. COHN.University of Georgia Law School.THE JTJRISPRTJDENcU OF INTERMSTS. Translated and edited by M. Magdalena Schoch. TheTwentieth Century Legal Philosophy Series. Cambridge: Harvard University Press,1948. Pp. xv, 230. $5.00.This is the second volume in the new series edited by the Association of AmericanLaw Schools. The first volume was Kelsen's writings; and the third volume is Latin-American Legal Philosophy, containing representative authors in translation. Perhapsthe legal philosophical world has most wanted the projected volume of Petrazycki'swritings. It seems the original plan was to make Petrazycki's writings the second volumein the series. Certainly in importance his work is of the very first rank. The fact thatmuch of it is now inaccessible to most readers, since it is found only in the Polish andRussian languages, makes a comprehensive translation all the more important. We mayjudge in part of Petrazycki's true stature from the fact that his influence is so great inthe English-speaking world, although he is known to this world almost solely in second-hand ways, through the heterogeneous comments of others. Whatever has caused thedelay in the Petrazycki volume, certainly the general interest would seem to require thatit be published next.The volume under review is somewhat deceptive. It consists of shrewdly selectedexcerpts from the writings of Riimelin, Heck, Oertmann, Stoll, Binder, and Isay. Theserepresent writings from the German which have hitherto not appeared in English. Thetranslation and all the editorial work have been done by Dr. Schoch, and are of the veryhighest character. The entire legal profession is greatly in debt to her for the sacrifice intime and effort that she has so generously given to this work. The volume begins withan excellent introduction by Lon L. Fuller, commenting on the scope and position ofthese writings in the present state of scholarly development of the concept of legal in-terests. But the title and the scope of the book remain somewhat confusing. It is not'P. 285. 'P. 270. 'P. 265. 6 Ibid.

Man, Nature and Time: An Introduction to World Study by William Alexander Gauld

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Man, Nature and Time: An Introduction to World Study by William Alexander Gauld

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