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46 Harv. L. Rev. 540 (1932-1933)
Politica Methodice Digesta of Johannes Althusius

handle is hein.journals/hlr46 and id is 608 raw text is: HARVARD LAW REVIEW tation, but purpose involves a functional interpretation . In replying to the question, Whom does one ordinarily select as a trustee, he presents the advantages of trust companies (but not their disadvantages, e.g., want of personality, the danger that a bank may shift its own questionable invest- ments into its trust estates, the risk that it will let uninvested trust funds pile up in deposit accounts). M. Lepaulle argues that the rule requiring creditors to proceed through the trustee's right of indemnity in order to get relief from the trust prop- erty is not inconsistent with his theory that the trust property is primarily responsible for the proper obligations of the trust. His answer is that it is the trustee's duty to pay the creditors out of the trust funds without their suing, so that whenever they do have to sue it is the trustee's fault; con- sequently, he and not the estate should be liable, as in other cases when he acts ultra vires. But surely the trustee is not to blame if he refuses to pay obligations of doubtful validity without a judicial decision. And why should the fault of the trustee and his indebtedness to the estate cut off M. Le- paulle's theoretical obligation of the estate to creditors? In truth, the author's theory should give the creditors a direct right against the trust estate, as several of our distinguished writers advocate. The later chapters deal with such practical topics as the creation and termination of trusts; their normal operation with special attention to in- vestments; means of controlling the trustee; taxation in England, the United States, and France; French obstacles to the introduction of trusts; applicable principles of conflict of laws under our law and French law. Apart from the importance of the book for American lawyers with French connections, its presentation of the trust as an essential unity in numerous manifestations and its discussion of fundamental theoretical problems makes this a leading book on the American law of trusts. On both accounts it is to be hoped that an English translation can soon be published so that M. Le- paulle's ideas may receive the wide attention they deserve. ZECHAIH CHAFEE, JR.* POLITICA METHODICE DIGESTA OF JOHANNES ALTHUsIUS. Edited by Carl Joachim Friedrich. Cambridge: Harvard University Press. 1932. $6.00. The first volume of the Harvard Political Classics, an edition of the political works of James I, nobly edited by Professor McIlwain, has already attained the dimensions of a classic. The best praise I can give to its successor is to say that it is not unworthy of the standard set by Professor McIlwain fourteen years ago. In some respects, indeed, Professor Friedrich has ren- dered us an even more valuable service. The book he has reprinted is so rare that there are, I believe, only three copies of the early editions in Ameri- can, and perhaps a score in European libraries. He has added to it an in- valuable index of authors cited by Althusius-a labor of no mean order; and he has discovered for us a number of Althusius' letters which, if they cast no light upon the doctrine, at least serve to convince us that a figure hitherto shadowy indeed, was in fact a human being. To the whole, Professor * Professor of Law in Harvard Law School.

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