Abhandlungen zur Rechtsgeschichte: Gesammelte Aufsatze by Heinrich Brunner; Karl RauchReview by: Floyd Seyward LearThe American Historical Review, Vol. 38, No. 1 (Oct., 1932), pp. 93-94Published by: Oxford University Press on behalf of the American Historical AssociationStable URL: http://www.jstor.org/stable/1838071 .

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Brunner: Gesammelte Aufsatze 93

scholars as Ephraim Emerton, James Westfall Thompson, and the foreign contributors to the Cambridge Medieval History. It is in chapters IV., The Liberation of the Roman Church, and VI., The Struggle between the Priest- hood and the Empire, that M. Fliche; displays both the bulk of his own scholarly research and also his most noticeably pro-papal bias. Even in his account of the last tragic episode of bitter disillusionment in Henry's life, M. Fliche has no word of sympathy or appreciation. His Henry moves off the stage, as he entered it, a one hundred-per cent. villain. Gregory's death, on the contrary, is memorialized by a page of well deserved tribute. Part II. also contains chapters (more valuable, because more objectively historical) on eleventh century England and France, and on the early Crusades.

Part III., entitled Occidental Civilization during the Tenth and Eleventh Centuries, is a well-balanced survey of the constructive factors in medieval life, but exaggerates on the one hand the darkness of the tenth century, and on the other the renaissance of the eleventh. Page after page containing marginal headings on the "Renaissance" of things "Economic", "Com- mercial", "NIvaritime" "Urban", "Religious", "Juristic", "Intellectual", "Lit- erary", "Artistic", and "Sculptural", give one the impression that the scholars of Quattrocento Italy are being surreptitiously deprived of their birthright. Henry Osborn Taylor has, we believe, rightly urged that his- torians "get rid of epochs and renaissances--Carolingian, Twelfth-Century, or Italian" (The Medieval Mind, I. zii). M. Fliche, it seems, would con- tribute still another "renaissance" to the already overstocked market. The volume has a few typographical errors of minor import. It contains several excellent word portraits (e. g., of William IX., p. 649; of Robert, the Pious, p. 324; of Theophano, p. 2i8). It must be said, on the whole, however, that this work adds little historical information to that already available in reliable works in English, and the partisan attitude on papal-imperial af- fairs forces the intelligent reader to accept with reservations many of the author's conclusions.

The University of North Carolina. LOREN C. MACKINNEY.

Abhandlungen zur Rechtsgeschichte: Gesammelte Aufsdtze. Vonl HEINRICH BRUNNER. Herausgegeben von KARL RAUCH. Two vol- umes. (Weimar: Hermann B6hlaus Nachfolger. I931. PP. Vi, 722; vi. 672- 39.50 M.; 35.50 M.) BEFORE the scholars of the new generation interested in constitutional

and legal studies, the figures of Theodor Mommsen and Heinrich Brunner loom up like the giants of a saga. And I suppose it might be appropriate to complete a trinity by including Sir Paul Vinogradoff as well, though he wandered farther from institutions at times, faring into the realm of political theory. Since the war, attention has been redirected to Brunner's work

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94 Reviews of Books

through the publication of the much-needed second edition of the second volumc of his Desuschc Rechtsgeschichte by Baron von Schwerin in i928. The volumes now under review are further evidence of this revival of in- terest. The editor of thesc miscellaneous papers, Karl Rauch, states that his work represents a fulfillment of Brunner's plan which had been to publish two volumes of collected papers following the completion of the second edition of both volumes of the Rechtsgeschichte. Brunner died in 1915 after seeing the first volume through its second edition in x9o6, but leaving the remainder of his project to be carried out by Schwerin and Rauch. These papers constitute, in the main, a continuation of the Forschungen zur Geschichte des Deu:schen und Franzosischen Rechtes, published in 1894, and include a wide variety of matcrial which had appeared as studies, arti- cles, and book reviews in numerous periodicals over the entire period of Brunner's long productive career.

The first volume is divided into three sections, devoted to constitutional history, diplomatics, and the history of legal sources. Among the more useful papers in the first section are his artide on Schwurgericht, appearing in Holtzendorff's Rechtskxikon (I876), and the long study on Sippe und Wergeld nach Niederdeutschen Rechten in the Zcitschrift der Savigny- Stiftung (Germanistische Abtheilung) in I882. In the third section may be noted the studies dealing with the date of the Lex Alamannorum from the Sitzungsberichte der Berliner Akademie der Wissenschaften (1885) and the date of the Salic Law,.and Pactus pro Tcnore Pacis from Zeitschrift der Savigny-Stiftung (I908). The second volume contains four sections: law of inheritance, Totenrecht, addresses and obituaries (of Homeyer, Richt- hofen, and Boretius), and notes and reviews.

We may congratulate Rauch for making accessible in convenient form this collection of scattered papers, many of which are contained in the jour- nals of learned societies not available to scholars of limited library facilities, written by the master whom Ernst Heymann has called "einer der hervor- ragendsten Rechtshistoriker aller Zeiten". This has been accomplished with a minimum of editorial revision, while the pagination of the original jour- nals of publication has been retained in the margins. We still await a third edition of the first volume of the Rechtsgeschichte to bring the Brunnex renaissance to its culmination.

The Rice Institute. FLOYD SEYWARD LEAR.

Le Speculum Perfectionis, ou Memoires de Frtre Leion sur la Seconde Partie de la Vie de Saint Franfois d'Assise. Par PAUL SABATIER.

Tome II., Etude Critique. Publie avec une Introduction par A. G. LIrrLE. [British Society of Franciscan Studies, volume XVII.] (Manchester: University Press. I931. PP. xxxvi, 278. I5 S.)

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