The Governments of Europe

by Frederic Austin Ogg

Footnote 232: See p. [90].[(Back)]

Footnote 233: See p. [127].[(Back)]

Footnote 234: H. Seton-Karr, The Radical Party and Social Reform, in Nineteenth Century, Dec, 1910.[(Back)]

Footnote 235: Mr. Law was chosen Opposition leader in the Commons November 13, 1911, upon the unexpected retirement of Mr. Balfour from that position.[(Back)]

Footnote 236: At the election of 1906, 21,505 of the 25,771 votes recorded in the university constituencies were cast for Unionist candidates. Since 1885 not a Liberal member has been returned from any one of the universities.[(Back)]

Footnote 237: The defection was largest at the time of the Liberal Unionist secession in 1886.[(Back)]

Footnote 238: Two satisfactory volumes on the political activities of labor in the United Kingdom are C. Noel, The Labour Party, What it is, and What it wants (London, 1906) and A. W. Humphrey, A History of Labor Representation (London, 1912). See E. Porritt, The British Socialist Labor Party, in Political Science Quarterly, Sept., 1908, and The British Labor Party in 1910, ibid., June, 1910; M. Alfassa, Le parti ouvrier au parlement anglais, in Annales des Sciences Politiques, Jan. 15, 1908; H. W. Horwill, The Payment of Labor Representatives in Parliament, in Political Science Quarterly, June, 1910; J. K. Hardie, The Labor Movement, in Nineteenth Century, Dec, 1906; and M. Hewlett, The Labor Party of the Future, in Fortnightly Review, Feb., 1910. Two books of value on English socialism are J. E. Barker, British Socialism; an Examination of its Doctrines, Policy, Aims, and Practical Proposals (London, 1908) and H. O. Arnold-Foster, English Socialism of To-day (London, 1908).[(Back)]

Footnote 239: The only exception to this general proposition is afforded by the fact that the sovereign may not be sued or prosecuted in the ordinary courts; but this immunity, as matters now stand, is of no practical consequence.[(Back)]

Footnote 240: W. M. Geldart, Elements of English Law (London and New York, 1912), 9. As this author further remarks, "if all the statutes of the realm were repealed, we should have a system of law, though, it may be, an unworkable one; if we could imagine the Common Law swept away and the Statute Law preserved, we should have only disjointed rules torn from their context, and no provision at all for many of the most important relations of life."[(Back)]

Footnote 241: Two monumental works dealing with the earlier portions of English legal development are F. Pollock and F. W. Maitland, History of English Law to the Time of Edward I., 2 vols. (Cambridge, 1898) and W. S. Holdsworth, History of English Law, 3 vols. (London, 1903-1909). The first volume of Holdsworth contains a history of English courts from the Norman Conquest to the present day; the other volumes deal exhaustively with the growth of the law itself. Books of value include H. Brunner, The Sources of the Law of England, trans. by W. Hastie (Edinburgh, 1888); R. K. Wilson, History of Modern English Law (London, 1875). J. F. Stephen, History of the Criminal Law of England, 3 vols. (London, 1883); Ibid., Commentaries on the Laws of England, 4 vols. (London, 1908); O. W. Holmes, The Common Law (Boston, 1881); and H. Broom and E. A. Hadley, Commentaries on the Laws of England, 4 vols. (London, 1869). A recent treatise by a German authority is J. Hatschek, Englisches Staatsrecht mit Berücksichtigung der für Schottland und Irland geltenden Sonderheiten (Tübingen, 1905). An incisive work is A. V. Dicey, Law and Public Opinion in England in the Nineteenth Century (London, 1905). A good single volume history of the law is E. Jenks, Short History of the English Law (Boston, 1912). A satisfactory introduction to both the history and the character of the law is W. M. Geldart, Elements of English Law (London and New York, 1912). Another is F. W. Maitland, Outlines of English Legal History, in Collected Papers (Cambridge, 1911), II., 417-496. Other excellent introductory treatises are Maitland, Lectures on Equity (Cambridge, 1909), and C. S. Kenny, Outlines of Criminal Law (New York, 1907). Maitland's article on English Law in the Encyclopædia Britannica, IX., 600-607, is valuable for its brevity and its clearness. On the English conception of law and the effects thereof see Lowell, Government of England, II., Chaps. 61-62. The character and forms of the statute law are sketched to advantage in C. P. Ilbert, Legislative Methods and Forms (Oxford, 1901), 1-76.[(Back)]