Review

Reviewed Work(s): Introduction to Political Science by C. C. Rodee, T. J. Anderson and C.

Q. Christol; Governments of Latin America by W. W. Pierson and F. G. Gil
Review by: Hilliard A. Gardiner
Source: The American Journal of Comparative Law, Vol. 7, No. 4 (Autumn, 1958), pp. 629-
630
Published by: Oxford University Press
Stable URL: https://www.jstor.org/stable/837290
Accessed: 16-06-2019 11:00 UTC

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 BOOK NOTICES 629

not all of the Association's members PIERSON, W. W.-GIL, F. G. Govern-

are Communists shows the usefulness ments of Latin America. New York:
of the present compilation of the McGraw-Hill Book Company, 1957.
complete record of the Association. Pp. vii, 514.
Although anybody who is but a little These two books complement each
familiar with problems of interna- other admirably, providing, the one,
tional law and foreign politics will a general introduction to the subject
be able to recognize the Communist of political science, and the other, a
inspiration into whatever branch of closer look at a particular area. In-
the activities of the Association he troduction to Political Science is
may care to look (e.g., in the field sweeping in scope and includes a
of nationalizations')-there is just definition of the subject, a statement
a faint chance that someone might be of the characteristics of the state, an
misled into thinking that it is only by analysis of the various forms of gov-
accident that the Association's atti- ernment and their applications, an
tude conforms to the Communist exposition of democracy, a considera-
Party line, and that this conformity tion of political dynamics such as
with Communist views might be lim- public opinion, political parties and
ited exclusively to the activity he is propaganda, a survey of technology
examining. The authors tear away in contemporary society and an ac-
the thin camouflage that may still be count of trends in governmental or-
used by the Association, but person- ganization and administration, and
ally I am under the impression that a treatment in some detail of the sub-
at present at least, the Association ject of international relations with its
does not even care to conceal its many ramifications like foreign pol-
source of inspiration. In the past this icy, power politics, and international
was not always the case. The pres- law and organization. A special chap-
erit book contains an interesting case- ter on law is included; that it is ap-
study on the rise and the external proached as international, roman,
and internal life of a Communist-led civil, common, and soviet is demon-
nongovernment international organi- strative of the non-parochial nature
zation, which may be of interest even of the volume. Democracy is the pre-
outside the scope of the activities of ferred value; following a description
this organization. of some of its institutions, its role in
IGNAZ SEIDL-HOHENVELDERN the United States, Great Britain,
France, Italy, Western Germany, and
' The Association has published two
Switzerland is assayed. Communism,
brochures on this subject in 1956 and 1957.
I referred to the arguments contained
in theory, and in practice in the So-
therein in two articles "Bemerkungen zu viet Union; Fascism and Nazism, in
kommunistischen Theorien iuber das in- theory, and in practice in Italy and
ternationale Konfiskations- und Enteig- Germany; and other contemporary
nungsrecht," Internationales Recht u. Dip- political theories, such as anarchism,
lomatie (Hamburg) 1957, p. 327-341, and syndicalisrm, guild socialism, and
"Gedanken zur Studientagung iuber Na- pluralism, among others, are also
tionalisationen," V Annales Universitatis
evaluated. The conclusion deplores
Saraviensis (Saarbriicken) 1956/57, p. 206-
the lethargy of the American body
221. For an elaboration of this topic in
politic and offers ten commandments
English, cf. this Journal, Vol. 7 (1958)
at 541 supra. for responsible citizenship, of no lit-
tle merit.
RODEE, C. C., ANDERSON, T. J.-CHRIS- Governments of Latin America
TOL, C. Q. Introduction to Political deals with twenty Latin-American
Science. New York: McGraw-Hill republics; because books like the pre-
Book Company, 1957. Pp. xiii, 655. vious one rarely explore these coun-

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630 THE AMERICAN JOURNAL OF COMPARATIVE LAW
tries in any detail, its value is at once
evident. The approach here is topical
and comparative, rather than country-
by-country. A geographical founda-
tion is first laid, with some of the
facts of the peoples, land, and re-
sources considered. Then follows a
series of chapters dealing with the
colonial institutions of Spain and
Portugal and the struggles for inde-
pendence that gave rise to national
diversity and the quest, not always
successful, for identity and stability.
The major portion of the remainder
of the book is concerned with gov-
ernmental and constitutional develop-
ments and provisions on a formal
level, although with a record of 202
different constitutions between 1811
and 1953 among the twenty republics
considered, some of the fictions have
necessarily been discarded for the
sake of brevity and reality. Chapters
dealing with individual rights, the
executive, the legislature, the admin-
istration of justice, local government,
parties and elections, labor, education,
and the economy set forth something
of the basic tenets of the bodies of
fundamental law, together with en-
lightening interpretative comment
that plausibly accounts for the dis-
parity between achievement and pro-
fessions. Latin America's relations
with the rest of the world and the
United States are treated in the final
two chapters, by which time an ap-
preciation of some of this area's spe-
cial problems and heritage will have
been had. Reflecting in large measure
an indisputably valid Latin-Ameri-
can point of view, and incorporating
a valuable bibliography of primary
sources and a glossary of terms that
throughout the book contribute to its
authenticity, this enriches further the
literature of political science and
Latin America.
HILLIARD A. GARDINER
BICKELj A. M. The Unpublished Opin-
ions of Mr. Justice Brandeis. Cam-
bridge: The Belknap Press of Har-
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vard University Press, 1957. Pp. xxi,
278.
In this collection of eleven opinions
and accompanying commentary, the
personal attributes of Mr. Justice
Brandeis made most manifest are his
dedication to thoroughness and pre-
cision, as demonstrated in his opin-
ion in Shafer v. Farmers Grain Com-
pany, where he analyzed the grain
industry in indescribable detail in
support of his reluctance to restrict
state regulatory power; his hostility
to giantism, as shown in his view
in Stratton v. St. Louis Southwestern
Railway, where he termed a tax for
the privilege of doing business a mere
measure of the price of the favor,
and not, as held by the Court, an
unconstitutional interference with
commerce; his preoccupation with
procedural niceties, as evinced in St.
Louis, Iron Mountain and Southern
Railway v. Starbird, where he opined
that the parties, because of a failure
to assert federal law in the state
court, had waived a right to appeal
to the Supreme Court; his liberal out-
look and identification with the "peo-
ple," displayed in the Arizona Em-
ployers' Liability Cases opinion that
upheld the constitutionality of a
statute that created employer lia-
bility without fault and permitted a
choice of remedy by the employee;
and his belief in judicial self-restraint,
exhibited in such cases as Atherton
Mills v. Johnston, Sonneborn Bros.
v. Cureton, and Railroad Commis-
sion v. Southern Pacific Railway, in
each of which he declined to coun-
termand the legislative will. Brandeis'
awareness in the realm of policy is
similarly inferable from his opinion
in the famous antitrust decision in-
volving a union, United Mine
Workers v. Coronado.
This book penetrates to a singular
extent the inner life of the Supreme
Court during an age of conservatism.
A biographical appendix of the jus-
tices who sat with Brandeis is an ad-
ditional interesting feature.
HILLIARD A. GARDINER