We must in justice confess that the knowledge of the critical philosophy may prove extremely useful to a clergyman who is really desirous of faithfully discharging his important duty, as he is bound to render himself acquainted with every new discovery in philosophy, and to examine how far it may enable him to render his labours more generally useful, and never to lose sight of the prevailing spirit of the times; but, on the other hand we cannot deny that he may produce incalculable mischief, if he be not extremely careful not to diffuse amongst his hearers principles that may be misconstrued by the majority of his auditors, though they may afford the most salutary instruction to people of a more enlightened understanding.-The author of the sermons of which we are speaking, evinces an intimate knowledge of the principles of the Kantian philosophy, and a lively zeal to render them more generally current, but at the same time carefully avoids introducing any idea that might confound people of an unrefined manner of thinking. He proceeds with the most laudable caution in endeavouring to remove rooted prejudices and consecrated errors, and ably aims to correct the vicious dispositions of the heart by enlightening and convincing the understanding. His style is perspicuous and elegant.

ART. IV.

Geschichte der Protestantischen Theologie, &c. History of the Protestant Theology, from the Time of Luther's Death to the Introduction of the Formula Concordiæ, by Dr. G. J. PLANCK, Prof. at Göttingen, Vol. II. p. I. pp. 430. Vol. II. p. II. pp. 633. 8vo. Leipzig, for Crusius. 1799.

THIS elaborate work is deemed classical in Germany, and undoubtedly will prove a lasting monument of the author's erudition, diligence, and philosophical genius. The sixth chapter of the fourth book, in which Mr. Planck gives a most elaborate and impartial account of the life and opinions of the famous Caspar Schwenkfeld, of Ossing, in Silesia, a contemporary of the immortal Luther, is particularly worthy the attention of the historian. The character of this remarkable man having been glaringly misrepresented by all ecclesiastical historians, we flatter ourselves that a concise extract will not prove unacceptable to many of our readers.

"Schwenckfeld was born of noble parents in Silesia, and was one of the few German noblemen of his time, who rose superior to the great mass of their equals in rank, by distinguishing themselves as men of science and of refined and liberal judgment, scorning to sub

mit

JURISPRUdence.

ART. V.

Revision der Grundsätze und Grundbegriffe des positiven und peinlichen Rechts, &c. Review of the Principles and fundamental Notions of the positive penal Law, by Dr. P. J. A. FEUERBACH, Prof. at Jena. Vol. I. pp. 422. 1799. Erfurt, for Hennings. Vol. II. pp. 470. 1800. Chemnitz, for Tasche.

No branch of positive jurisprudence has hitherto been so much destitute of determinate notions and fixed principles as the criminal law. Opinions are still divided even with regard to the idea and ground of civil penal justice, although this is the very point from which the philosopher must absolutely set out, if he is desirous of finding out firm principles that can serve as a basis of a tenable theory. But before this can be successfully attempted, it is necessary that the difference between moral and juridical imputation, between moral guilt and civil criminality, should be positively fixed. In order to attain this salutary end, our author has, in the volumes before us, attempted a minute criticism of the principal fundamental notions and principles of the penal law, and by the manner in which he has executed his plan rendered an essential and lasting service to the science of jurisprudence. A summary representation of the leading points of his investigations will enable our readers to judge of the importance of Mr. Feuerbach's theory.

Vol. I. Ch. I. On the Notion of civil Punishment, and the right of inflicting it.-The author defines punishment as an evil inflicted on account of the commission of an action contrary to law, so that the action constitutes the ground and object of the infliction of that evil. On speaking of the nature of the evil which civil society may inflict as a punishment, the learned author says:

"It appears by the nature and scope of a state that civil punishment should be different from moral punishment, as the state has no right to interfere with the department of morality, because no human judge is capable of fixing either the exact degree of immorality, or an evil proportionate to it. Civil punishment can be founded only upon the undeniable privilege which the state possesses of securing the rights of every individual citizen. This renders it necessary that proper means should be devised of preventing all injuries whatsoever. But as it is impossible and contrary to justice to oppose physical bars to the transgressions of the citizens, there is no other mode but to operate upon their desires, and, con, sequently to combat sensuality by sensuality, to counteract one in!! clination

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clination by an opposite inclination, and to remove the sensual impulse to commit an illegal action by another sensual impulse. This is effected when the citizen knows with certainty that an injury committed against another will inevitably produce to himself a much greater evil than that which may arise from not gratifying his desire of committing a certain action. In order to effect this conviction the law must threaten the punishment as inseparably annexed to the crime. The intent, therefore, both of the law and of the menace, has no other tendency than that of deterring the subject from the commission of the action which is connected with evil consequences. But the menace must be put in execution in every instance, lest it should not produce the intended effect."

Ch. II. Correction of the notions which are commonly formed of the nature of penal law. The author shews here that the essential notion of the nature of penal law is totally done away, if we consider such a law merely as a standard for forming a juridical judgment, as a rule whose validity and fitness of application depend upon external grounds: that, on the contrary, a penal law, if it is to preserve the character of a law, must be considered as an absolute and internally valid declaration of the legal necessity of connecting a sensible evil with an illegal action. Hence he censures the proceedings of those who, misled by erroneous theories with respect to the ground of inflicting penal evils, judge of every concrete case by individual determinations, which the legislator neither did nor could foresee, so that the penal law thereby is reduced to a conditional rule, whose application is subject to an higher judgment, extending farther than the law, and depending on other principles: a mode of proceeding whereby all fixed penal laws are rendered of none effect, and all difference between them and conditional laws is entirely done away.

Ch. III. Definition of the notion of imputation. Exposition of the problem upon which this doctrine is founded, &c. &c.-Imputation, in the greatest latitude of the word, is a judgment whereby an individual is declared to be the cause of an action; in a more limited and proper sense, a judgment whereby an individual is pronounced to be the voluntary cause of an action. The problem upon which the doctrine of imputation in the penal law is founded, is expressed in the following manner: which are the grounds of external criminality? or which are the necessary marks of an action, whereby its external criminality may be distinguished?

(To be continued.)

MEDICINE.

MEDICINE.

ART. VI. Abhandlung über die Hämorrhoidal krankheit, &o. A Treatise on the Hemorrhoides, after the Latin Work of W. TRNKA von Kozowitz, with additions, in three volumes, by Dr. J. G. KNEBEL. Breslau, for Korn, sen.

1799.

THE translator, a young physician, shews that he is by far more expert in the difficult art of compiling with judgment, and forming a pathological whole, than the author of the original. He fixes with great precision the ambiguous idea of hemorrhoides, their differences, causes, effects, and treatment, and ably sketches out the different opinions of the pathologists, relative to the real seat of the disease, adding the result of his own investigations. He makes a proper application of the Brunonian principles, without, however, rejecting altogether the humoral pathology, so much decried at present.

ART. VII. Beobachtungen und Erfahrungen über Melancholische, &c. &c. Observations and Facts relative to melancholy People, especially such as contract that Disease by giving way to religious Speculations, by a Clergyman, pp. 210. 8vo. Leipzig, for Fleischer, 1799.

THE author, an enlightened clergyman, communicates in this volume his experience relative to melancholy persons, especially such as were reduced to that deplorable situation, by entering too deeply into religious speculations, and shews how people of this class ought to be treated. His description of these ideal ideots is extremely characteristical and instructive, and the psychological treatment, recommended by him, may, mutatis mutandis, be successfully employed by the physician. In cases of this nature medicines afford very rarely effectual relief, whilst a psychological diet is generally attended with the most salutary effect, The treatment pointed out by our author, is highly judicious, and if applied under proper modifications, by an experienced physician, undoubtedly will powerfully co-operate with medicines which without it would be of little or no use.

ART.

ART. VIII. Einrichtung und Gesetze de Herzogl. med. chir. Kranken anstalt, &c. Regulation and Laws of the Ducal Medico-chirurgical Infirmary at Jena. By Dr. W. D. HUFELAND, three sheets and half. Jena, 1799.

THE description of this excellent institution, from the able pen of a Hufeland, cannot but be highly interesting to every active friend of suffering humanity. We are sorry the confined limits of our retrospect prevent us from giving a copious extract, but hope we shall soon have the pleasure of seeing it inserted at full length in the London Medical Review and Magazine, where it would appear in its proper place.

ART. IX. Archiv für die Physiologie, c. Physiological Repository. By Dr. J. C. REIL, Vol. III. pp. 530, with four plates, 1799.

THIS Volume of one of the most generally useful medical journals published on the continent, contains, besides the reviews of new books, a great variety of highly important tracts, of which the following appear to us deserving of particular notice: A few Words on the Reproduction of the Nerves, by ARNEMANN. A Contribution toward the Medical Semiotic, by REIL. This treatise deserves the most attentive perusal of every practitioner. An Observation relative to the Physiology of the Acoustic Organs, by J. D. HERHOLDT. On the Medical Art, and its Methodology, by Dr. C. A. WILMANS. A Contribution towards a History of the Teeth, by Dr. C. A. RuDOLPHI. Changes in the Mixture and Form of the Animal Substance, considered as a Disease, or as the principal Cause of Diseases, by Prof. Reil. In the present section, Professor R. treats of the diseases of the breasts, the nipples, and the milk. The great erudition and sound judgment displayed in this tract render it highly deserving of the most attentive perusal. The analysis of new medical and chirurgical works contained in this volume affords ample matter of instruction.

ART. X. Medicinische Nationalzeitung für Deutschland, &c. Medical National Journal for Germany, and the Countries connected with it, for 1798. 52 sheets and 26 sheets of Supplements, together with a Repertory or Index of three sheets, 4to. Altenburg, for Richter.

THIS medical journal, which is conducted by Dr. PIErer, of Altenburg, is an additional proof of the zealous exertions