744 HARVARD LAW REVIEW throughout. The Appendices of texts are useful. The distribution of foot- notes between the end of the chapter and the bottom of the page is somewhat disconcerting. Edwin M. B orchard. A History of Germanic Private Law. By Rudolf Huebner. Translated by Francis S. Philbrick. With Introductions by Paul Vinogradoff and by William E. Walz. Boston: Little, Brown, and Company. $5.00. 1918. pp. 785. As a volume for "The Continental Legal History Series" no more suitable book on Germanic law could have been selected than Professor Huebner's "Grundzuge der deutschen Privatrechts." Though a purely scientific and historical work, not intended as a textbook to prepare students for examina- tions, its merit is attested by the fact that its first publication in 1908 was speedily followed by a second edition in 19 13. It is from this second edition that the present translation is made. Though Huebner called his book "Principles," the translator has more accurately indicated its true nature by entitling it "History." For it is in no sense a mere exposition either of medieval Germanic law or of the Germanistic paragraphs in the Civil Code of 1900. On the contrary, its peculiar interest and value to the American student lies in the great historical sweep with which the author surveys the development of Germanic private law through the course of twenty centuries. In so doing, he shows a wide com- mand of the vast literature of the subject, and, on disputed points, always refers to the views of his opponents, even though he does not clog his exposi- tion by entering into a detailed discussion of their arguments. Huebner is frankly an enthusiast of the Germanistic school which developed under the inspiration of, and in opposition to, the Romanistic claims of Zavigny and his disciples. Being a follower of Albrecht, Brunner, and Gierke, Huebner rejoices every time that a good old Germanic institute, twisted or displaced at the Reception, has again come into its own by being given recognition in the Civil Code of 1900. But his enthusiasm cannot be said to bias his judg- ment. Nor why should it? For now that the scholars of the Germanistic school have secured in the paragraphs of the present Civil Code such a generous restoration and purification of Germanic law there is no longer need for them to carry on their propaganda. The Code has set the seal upon their labors. All that Huebner, therefore, seeks to do is to elucidate the historical develop- ment which Germanic law has undergone. His method may be very briefly indicated. He divides the whole subject into five books (Law of Persons, Things, Obligations, Family, and Inheritance) and subdivides each into its constituent institutes. He then follows each through the five phases of its histor> Take, for instance, by way of illustra- tion, the law of associations, (i) The medieval Germanic law is portrayed in nil its rich variety of forms. The weakness of the medieval state, which was too weak to give efiicient protection to individuals, naturally led "fellows" ("Genosse") to form themselves into all sorts of associational groups. Be- sides the old "sib" and "mark" associations, there grew up associations for special agricultural purposes {Gehoferschaften, Hauberge), mining associations, transportation unions, the craft and the merchant guilds, and various other associations for fraternal, convivial, religious, and political purposes. In ad- dition to these associations proper (Genossenschaften), so organized as to confer upon the entire body of members as such an independent personality, there developed also various personal unions "of collective hand," which had no such independent personality. All these forms of association shaded into
