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This article provides an overview of the papers on criminal law presented at the symposium entitled The Role of Common Law Concepts in Modern Criminal Jurisprudence. Courts have recently been troubled by the application of age-old criminal law concepts to offenses against modern criminal law. Such common law terms as moral turpitude, infamous crime, and crimes against the public morals have received attention in cases ranging from income tax violations to a prosecution for obscene telephone calls. The first paper in this series, Tax Evasion and Moral Turpitude, examines the question of whether income tax evasion is necessarily a crime involving moral turpitude and it also deals with the related problem of summary disbarment. The second paper Infamy and the Office-holder, traces the history and application of the infamous crime concept and suggests a new test of infamy to meet current problems concerning the right of one convicted of a crime to hold public office. What are crimes against the public morals and how that common law concept is utilized by the courts today are the questions answered by the third paper in this series, Common Law Crimes Against the Public Morals. The concluding paper, The Constitutionality Of Prosecutions For Crimes Against The Public Morals, measures this ancient concept against the demands of due process, and suggests some answers as to whether it is a vital principle of today's criminal law or an outmoded relic in the light of modern constitutional guarantees.

This paper compares the results of the scientific works of different nations and countries, and especially so if these branches of science show distinct national characteristics and traits. Comparisons of the results of American and European criminal jurisprudence will be made especially respecting the most civilized and the most important states. This paper will attempt, first, to characterize the scientific results of those groups of states. Second, the results of American and European criminal jurisprudence will be compared. And third, conclusions from these comparisons will be drawn. The criminal jurisprudence as represented by the leading American writers, Bishop, Wharton, Mac-Clain, Washburn, Crankshaw, etc. will be characterized. Perhaps linguistic obstacles hinder the American writers from taking advantage of the results of the scientific works of other countries. It is dare not forget, however, that one nation cannot ignore the productions of other nations.

Attribution of responsibility is becoming the subject of increasing research activity. Reasons for such activity appear fairly obvious. It is highly probable that the degree to which one person holds another as responsible for the latter's acts is a prime determinant of much interpersonal behavior. For example, responses to others that are punishing versus rehabilitative, generous versus niggardly, kindly versus hostile, or accepting versus rejecting may all be mediated to a substantial extent by the degree to which one attributes responsibility to another person for the outcome of his acts. The focus of the present paper is on several potential determinants of responsibility attribution and their interactions. In professor E. Walster's study, the stimulus events were described as chance-determined. That is, a person gained, broke even, or lost money on an investment purely as a function of environmental events over which he had no control. In this study, Walster was not able to show a relation between responsibility attribution and outcome seventy.

This article explains the misunderstandings of the civil law. A rule of law that has been gradually developed can only be understood by knowing the course of its development; and that is more or less known by good lawyers, if the rule took its rise in England. So far as the American jurisprudence reaches back to an earlier date, there are the same reasons for tracing it to its source. Again, not only would it be hard to name any one who has thrown new light on such general problems of jurisprudence as the arrangement of the law, who has not known something of the labors of the civilians; but the paper tries to show that an ignorant misunderstanding of the Roman classification has led to confusion.

The article presents a study related to individual differences in the sentencing tendencies of judges. This study was originally undertaken as a project having a much broader scope than that presented in this article. This article is the first of a series of studies of individual differences in the sentencing tendencies of judges based upon an analysis of the seven thousand cases already examined. The study of individual differences, as conducted by psychologists for the past three or four decades, has clearly demonstrated that the popular conception, that most men do not differ widely in respect to their natural mental abilities, is one of the greatest fallacies. It is now known that men differ surprisingly in these respects and in the use of their abilities. Perhaps one of the most enlightening of these studies has been conducted in the measurement of individual differences in the marking of examination papers. The classic experiment of this type was conducted by asking one hundred and sixteen high school teachers of mathematics to grade one hundred and sixteen identical copies of the answers to an examination in plane geometry.

The article presents information about papers "Intellectual and Social Progress in the Ancient Near East," by E.A. Speiser, and "Studies in the History of Culture," presented to Waldo G. Leland, 1942, summarized in the October-December 1942 issue of the periodical "The American Journal of Archaeology." Available evidence points to Mesopotamia as the oldest center of scientific observation permanently recorded, the author holds. This activity includes education and language study, jurisprudence, and the mathematical and natural sciences. These elements are interrelated and based on a concept of society restricting the powers of the State, and recognizing the rights of the individual. Owing to the authoritarian government of contemporary Egypt, science, though notable in several fields, lacked the breadth and balance shown in Lower Mesopotamia, the land of ancient Sumer, in the middle of the fourth millennium B.C.

The failure of common law to develop the principle of family responsibility and its subsequent statutory emergence in sixteenth century England provides the focus for examining the assumption that tensions between the family system and other institutions are unique to industrialized society. Analysis of historical data suggests needed qualification of this assumption and demonstrates the relationship of political and economic forces to the development of soda! welfare policy. [ABSTRACT FROM AUTHOR]

Discusses the importance of understanding anthropology in teaching of and research in law. Survey of developments in legal-anthropological scholarship; Typology of orientations of scholars from anthropology and law; Discussion of anthropological writings using theoretical positions from jurisprudence; Definition of conflict resolution and other provisions developed under the lead of Llewellyn and Hoebel.

Focuses on the need for jurisprudence in the United States. American Business Law Associations' call for academic reform; Events that took place in the year 1971; Impact of the publication of the report 'Training for the Public Professions of the Law: 1971,' by the Association of American Law Schools Committee; Need for academic entrepreneurship.

Compares the law of business organizations in the U.S. and Mexico. Differences in historical backgrounds with respect to U.S. and Mexican laws; Explanation of some aspects of the Civil Law, particularly the Mexican system of jurisprudence; Types of business organizations authorized by Mexican law and how they differ from U.S. law; Popular and prevalent types of business organizations in Mexico; Outstanding differences in business law in the two countries.

This article focuses on the social and scientific aspects of Christianity. In the light of the subsequent half century of scientific research and religious readjustment, science herself being judge that the corpse of Christianity is not dangling from the noose of biologist Charles Darwin. It would be difficult to overstate Darwin's worth to man: he humbled a proud and pompous world and made all flesh kin. The consciousness that all living creatures are akin, that evolution is the law not only of politics and religion but also of life itself is perhaps mankind's longest step. While scientists agree that Darwin's theory is correct many of them assert that his reason for the theory is not correct and although he supplied the mechanism of life he did not supply its purpose. A believer in God, Darwin necessarily made use of God as the creator of life. After that one divine event however God apparently disappeared from the earth and its affairs and has not since reappeared. If in search of a natural for a divine purpose in the life process some biologists have made too heavy a draft upon human credulity, so in the opposite direction have the literalists who maintain that every word in the Bible is inspired.

This article focuses on the subject matter and research aims of the sociology of law. It is possible to adopt a scientific approach to law with three different research aims in mind. One can enquire into the justness of the law, this is to deal with value judgments which underlay certain legal rules and enquire into the justifications for these value judgments. The object of research here is the normativity of the law. Sociology of law is thus the science of the reality of law. It investigates the genesis of law in the life of society and thus conceives law to be the result of social processes. Further, it investigates the effect of law on social life and so conceives law as a regulator of social actions. Classical sociologists of law, such as Eugen Ebrlich or Max Weber, devoted most of their attention to the genetic aspects. The legal data, which the empirical sociology of law gathers, may come from all areas of social life, for there hardly exists a set of data which could not be the object of legal regulations. An investigation into certain regulations in family law would therefore use the data of family sociology. This has led certain authors to conclude that in fact no independent sociology of law exists, there are only sociological aspects of jurisprudence.

This article discusses the relationship between sociology and comparative politics. Comparative politics, a political constitution is a specimen to be studied, classified, and labeled, as a building or an animal is studied, classified, and labeled by those to whom buildings or animals are objects of study. Of course, when one consider the great part often taken by conspicuous men in effecting changes of political institutions, it is impossible to eliminate moral factors: but here one leave the domain of science for that of history. Nowadays it might perhaps be said that it is superfluous to take trouble to prove such obvious facts as those of political integration and differentiation. The wandering bands supported by the chase, the shepherds and herdsmen moving over wide pastures, the tribes settled down in village communities to till the soil, the villages coalescing to form cities, and the tribes being gradually transformed into nations or states-the stuff that great empires or federations are made of-all this is matter of common knowledge; so too are the formation of castes, and guilds, the classification of society into ruling houses, nobility, freemen, serfs or other dependants, and in ancient times, slaves, or later into royal families, nobles, citizens or the middle classes, and the people or the proletariat, the severance of legislative, judicial and executive functions, and of the official bodies which exercise them.

Examines how the child criminal came to be a factor in English jurisprudence. Deliberation of the age limit at which a young offender can be considered a criminal at law; Passage of the Youthful Offenders Act in 1901, giving magistrates power to avoid sending children or young persons to prison; Implementation of the Probation of Offenders Act in 1908.

The author feels that the form of studies of scholars E. Adamson Hoebel and Karl N. Llewellyn of tribal law emerges partially from the method of case-law in Anglo-American jurisprudence and here the influence of Llewellyn was probably important. But concentration on specific cases, situations, incidents was also part of a general tendency in social science from the 1920's onwards: the increasing focus of analysis on untangling the structure of specific situations against the general social background was marked in political science and economics and sociology. In the field of tribal law there were other studies similar in pattern to those of Llewellyn's and Hoebel's. In general anthropological analysis of social systems and of other fields than law, study of specific situations was further developed into extended-case method as against the method of apt illustration, where extended-case method meant the tracing of the origins of a breach or disagreement backwards in time to see how it emerged and then pursuing forwards in time the development of social relationships among the persons involved, possibly after adjudication or settlement or ritual reconciliation.

In this article, the author has suggested that those who are genuinely concerned with the integration of law and social sciences need to examine more rigorously than has been done in the past the nature of the relevant intellectual and professional traditions and the practical mechanics of inter-disciplinary collaboration. Before embarking on collaborative research, individuals need to ensure that the demands and expectations of each partner are realistic and reasonable and that due allowance has been made for individual characteristics, both personal and professional. The author by citing the example of scholar E. Adamson Hoebel suggests that, in respect of co-operative studies of tribal law, more adjustments may be demanded of lawyers than of anthropologists. This may also be true of collaboration between lawyers and other social scientists. On the whole the literature of legal anthropology reveals a willingness on the part of anthropologists to struggle with the literature of general jurisprudence, but it also indicates a tendency to shy away from technical detail.