New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-02-17

TREATISE ON CRIMINAL Law, By PR.NGls WHARTON,
IL ID. seventh bducn. vols $40 hsy a Brothers
The present edition OF n standard authority
subject of criminal law. is to very considerable
extent substantially d new work. III the eadl. posi-
tou which has attained work of authentic refer
mpoTtant branch Of legal practice the author
has felt himself under Dbl cation 10 bring its
issues to the highest possible perfection, aud has
spared toll for tue accomplishment of that purpose
The third volume OF Tins edition forms new and iDde
pendent criminal practice. The chapters Oh
which formerly spread the second and third
volumes are now consolidated in this. Each topic has
been rearranged. and great measure rewritten. The
treatise the whole field OF criminal jurspru
dence Every citation 10 the former texts has been
ned, and every new De sion the English ana
American criminal reports has been made use
Of Nor in tue Illustration OF principles has DR..
Wharton confined himself 10 modern authorities.
AZ 1t has been shown by recent Investigations,
that the chei Inaxns the English criminal Law were
taken from the Roman and the Canon jurists, he has
diligently traced the development OF principles 10 their
earliest germ in those original 1--WE apt
forget" he remarks tuat the perfection which
imperial Rome obtained III history IN poetry, and IN
oratory, obtained in jurisprudence and that the
ings OF the Roman jurst bear about the relation
% the distinctive ana Of meds va
English law do the Annals OF Tactus the Satires OF
Juyenal and the Speeches OF Cicero TO the distinctive
sud peculiar productions OF English medieval htera
ture" He attaches 20 great Importance TO the
tngs OF the Roman law precedent for modern prac
uee, that be adds: We apt also u forget that
Tar questions o. philosophical! and compare
tive jurisprudence, the structure OF country
federal republic extending half continent, has
much more In common with that OF the cOsnOpOtanism
OF imperial Rome than II has with the particularism OF
medieval England, limited TO half an island" In
, further commeDuoS this point. the author
presents an acute and instructive analysis Of
the changes which were introduced INTO the
penal branch OF the Roman law by the medieval rms
toms and statutes in Eagaud. Roman law was a
iuridca system adapted 70 all classes Of population
consisting OF many uatOnaltes and occupying almost
every zone Mediayalisn deiaced tins system by the
addition OF local customs Imposing rules on
particular classes IN particular yicinages The Roman
law as modified by the Canon established the equality
OF all men so far as concerns responsibility for crime.
The feudalsm OF the middle covered this
dscrmjn aions of caste II conferred special privilege,
Oh the military reianrrs OF the lord a1d deprived the
serf Of all political nights. The Roman law bold all
subordinate officers strict responsibility Under
feudalsm military chief, ana each Of his suDal
terms, absolute ms interiors. Even tue
peitiest constable could commit ourages 10 which re-
ssfance vas treason. The Roman law dwet largely on
the questions OF intent. The medieval penalties ap
piled only 70 the cOnsummated act. The Roman law
disseminated humaDey between presumptiOns OF law
and Prescriptions OF fact, declaring that intent and
malice were mere prescriptions Of fact 10 De proved
l,y inductve reasoning from all the circumstances
OF the case. The older English Judges neglected
this distinction, enforcing the doctrine that iu.
tent and malice are Prescriptions Of law 80 that the
act was prohOunccd guilty Detause the inicnt was
gully, and TIE intent was pronounced gulty because