New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-12-14
NEW PUBLICATIONS.
COMMENTARIES ON THE LAW OF MARRIED
WOMEN. BY JOEL PRRNfIss BISHOP VOL L. o'o
PIP ISL. Little, Brown, q Co.

coMMENTARIEs ON THE LAW h's% OF Vol hARt sso
PIP. 757. Little, Brown, q Co.
Tn the first volume of this work, which has
now been in the hands OF the profession between four
and five years, Mr. Bishop presented the elementary
principles of the subject prior to the recent legislative
enactments which have superseded the traditional pro-
visions Of the common law. The volume now issueh
forms the sequel work. giving the results OF special
legislation and judicial decision In the several States OF
the Union arranged IN manner to admit Of easy CON-
parson together with exposition Of the principles and
which the changes In the ancient law nave
been founded Mr.. Bishop has singular fondness Tor
the discussion OF legal questions and devotes consld
space his work to the analysis OF theory as well
Of In the present instance he
deems this practice especially called for by the novelty
of the points at ISSUE which, rule not familiar
to the profession at large wifes legal estate In prop
ery in possession ia unknown In the system OF uris
prudence which early adopted in the United
States from the mother country. IL Ia only within
period OF about twentyseven years tsnce 1S4sj
that the new legislation the subject which gener
ally prevails had its beginning The doctrines OF the
courts are the products OF tribunals sitting different
States while judicial decision rendered In State Is
binding authority in any other The confusion Is IN
creased by the fact that in most Of the states there is
continual change In the statutes Hence the necessity
OF constant appeal to first principles, without which
the treatment Of the subject would present only
chaotic tumble The decisions OF the courts moreover
have often necessarily pronounced by judges who
have been but mperfecy instructed In the particular
matter however well informed they might be In other
branches Of the law. The consequence IL that in each
OF the States almost every question relating to the law
OF married women affected by the statutes must
be regarded a question: and be decided on prin
cple rather than precedent II not meant by this
however that the doctrine is without authority but that
IL rests much authority many decisions that
il would be almost in vain to refer to specific case Mr.
Bishop dsclams any pretensi0ns 10 consideration on
account his own personal Judgments. Still he often
gives a zest TO the discussion by flashes
OF individuality which, IL perhaps out OF place.
will find ready excuse In the relief when
they afford to the ali1y OF purely legal
exposition. Thus sect 4G5), after stating the conflict OF
decisions on certain point where there attempt
to explain the principle rather dry remlrks AS tic
author desires to give both sides to every question: he
would state which this doctrine rests II he
were able. But having never seen them gwen III any
case and not being able 10 imagine what they are ne Is
compelled to leave the question here" So also III COM
mentne on the recent legislation OF Massachusetts sect
727 he remarks that the latest act us73 Leaves but
little TO he complained Of by tho ardent advocates
of the policy which yields TO wives the double advantages
~ natrimony and single bliss, and lifts from the shout
der of their husbands Of the burdens borne when
the law gave them compensatory advantages. 10 re-
mains only to add provision compelling any Young
man to marry instantly the girl who chooses him, ana
the end OF domestic will have come III Massachu
sets" 1t is consoling to know that, in the opinion o
the anthor who has had some acquaintance with the
women of Massachusetts, they not on the average,
the softs which the men who made the laws" MI
Bishous reputation as standard legal writer is so high
that lie can afford to he little fTCcsomc ON occasion
without impalling credit Tor the sound learning eXte
siy research and technical OF which the evil
dences abound in his pages.