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With New Introduction by Samantha Power
144. Lemkin, Raphael.
Axis Rule in Occupied
Europe: Laws of Occupation, Analysis of Government, Proposals for
Redress.
Washington: Carnegie Endowment for International Peace, Division of
International Law, 1944. xxxviii, 674 pp. With a new introduction by
Samantha Power, lecturer in public policy at Harvard’s John F.
Kennedy School of Government and author of “A Problem from Hell”:
America and the Age of Genocide, winner of the 2003 Pulitzer
Prize. Reprinted 2005 by The Lawbook Exchange, Ltd. Cloth. New.
$125.
* A title in The Lawbook Exchange series, Foundations of the Laws
of War, General Editor Joseph Perkovich. In this pathbreaking
study Polish emigre Raphael Lemkin [1900-1959] coined the term
“genocide” and defined it is a subject of international law. While
the term has come to mean the extermination of a people, Lemkin used
it to describe all programs that sought to increase “Aryan”
birthrate while working to exterminate the social, cultural and
economic independence of non-Germanic peoples. This study was an
elaboration of ideas he first proposed in 1933 in his address to the
Fifth International Conference for the Unification of Penal Law
(1933), which argued that attacks on racial, religious and ethnic
groups should be considered international crimes. Important for the
prosecution of the Nazis, it helped to establish the framework for
all subsequent efforts to punish crimes against humanity. See illustration below.  
A Posthumous Festschrift for Sir William Jones
145. Murray, Alexander, Editor.
Sir William Jones, 1746-1794: A Commemoration. With an
introduction by Richard Gombrich. Oxford: Published on behalf of
University College by Oxford University Press, 1998. xvi, 169 pp.
Illustrations. Reprinted 2006 by The Lawbook Exchange, Ltd. Cloth.
New. $90.
* This volume publishes the results of the “Jones Day” conference, a
meeting of scholars at his alma mater (University College, Oxford)
on the bicentennial of his death. Contents: Sir William Jones as
Comparative Lawyer, David Ibetson; Sir William Jones and the
Classical Tradition, Richard Fynes; Sir William Jones as an Arabist,
Alan Jones. Lives of Sir William Jones, Thomas R. Trautmann;
Sanskrit Manuscripts of Sir William Jones in the Bodleian Library,
Gillian Evison; Sir William Jones, University College, and Its
Portraits, Peter Bayley.
146. Neilson, George.
Trial by Combat. Glasgow: William Hodge & Co., 1890. xiv, 348
pp. Reprinted 2000 by The Lawbook Exchange, Ltd. Cloth. New. $75.
* Although it is not known exactly when trial by combat, battle,
or duel began as a method of conflict resolution, its origin
certainly goes back before the feudal era. Neilson focuses on
Britain and Scotland and traces this tradition from before the
Middle Ages to the Appeal of Murder Act of 1819. “All the
authorities on the subject, I believe, are collected in this
excellent book.”: Pollock, The Genius of the Common Law.
147. Pollock, Sir Frederick.
The
League of Nations.
London: Stevens and Sons, Limited, 1920. xv, 251 pp. Reprinted 2003
by The Lawbook Exchange, Ltd. Cloth. New. $70.
* A trenchant analysis of the League of Nations by one of the
leading legal scholars of the day. Divided into two parts, the work
begins with a general history of international relations since the
Middle Ages. Other chapters examine earlier methods of international
arbitration, the Hague Peace Conferences of 1899 and 1907 and
preliminary developments in the early 1900s that would later
influence the league’s character. Additional topics include the
Congress of Vienna and the Alabama case. The second part examines
the establishment of the league, then proceeds to article-by-article
commentary of its charter (or Covenant). Pollock also includes an
appendix containing the texts of source materials and early drafts
of the charter.
148. Selden, John.
Mare Clausum. Of the Dominion, or, Ownership of the Sea. Two
Books: In the First, is Shew’d that the Sea, by the Law of Nature,
or Nations, is Not Common to All Men but Capable of Private Dominion
or Proprietie as Well as the Land in the Second, is Proved That the
Dominion of the British Sea, or That Which Incompasseth the Isle of
Great Britain, is, and Ever Hath Been, a Part or Appendant of the
Empire of that Island. Written at First in Latin and Entituled
Mare Clausum, Seu, De Dominio Maris. Translated into English and
set
Forth with Some Additional Evidences and Discourses by Marchmont
Nedham.
London: William Du-Gard, 1652. xliii, 200, 37 pp. Reprinted 2004 by
The Lawbook Exchange, Ltd. Cloth. New. $110.
* Reprint of the first edition in English. Mare Clausum (Dominion
of the Sea) is the most famous British reply to the argument of
Grotius’s Mare Liberum, which denied the validity of
England’s claim to the high seas south and east of England. Selden
[1584-1654], argued that England’s jurisdiction extends, in fact, to
all waters surrounding the isles. His use of common-law principles
to rebut Grotius’s philosophical argument is quite impressive.
Holdsworth notes that his case was enriched by “a vast
historical
knowledge,” replete with references to the customs of peoples from
the times of the Greeks to his time.”: Holdsworth V:10-11.
149. Shang, Yang.
The Book of Lord Shang. A Classic of the
Chinese School of Law.
Translated from the Chinese with Introduction and Notes by Dr.
J.J.L. Duyvendak. London: Arthur Probsthain, 1928. xiv, 346 pp.
Reprinted 2003 by The Lawbook Exchange, Ltd. Cloth. New. $80.
* Reprint of Volume XVII in Probsthain’s Oriental Series. With a
Chinese index and an index of names and references. The Book of
Lord Shang was probably compiled sometime between 359 and 338
BCE. Along with the Han Fei-Tzu, it is one of the two principal
sources of Legalism, a school of Chinese political thought. Legalism
asserts that human behavior must be controlled through written law
rather than through ritual, custom or ethics because people are
innately selfish and ignorant. The law is not effective when it is
based on goodness or virtue; it is effective when it compels
obedience. This is essential to preserve the stability of the State.
Roscoe Pound recommended this book for the study of old Chinese law
in Outlines of Lectures on Jurisprudence (5th ed.) 235.
150. Trayner, John.
Latin Phrases and Maxims: Collected from the Institutional and other
Writers on Scotch Law; with Translations and Illustrations.
Edinburgh: William Paterson, 1861. iv, [2], 356 pp. Reprinted 2001
by The Lawbook Exchange, Ltd. Cloth. New. $75.
* Organized alphabetically and containing approximately 1,500
entries that provide explanations of the technical import and
application of the Latin law maxims and phrases in common use, and
still relevant today. At the time of publication, a work of this
kind had not been seen, and it went into a second edition in 1876.
151. [Twiss, Sir Travers].
The Black Book of the Admiralty, with an Appendix.
Monumenta Juridica. Edited by Sir Travers Twiss. London: Longman &
Co., 1871. Four volumes. 4, xciii, 491, [2]; 4, lxxxvii, 500, 31; 4,
lxxxvi, 673, [1], 31; 4, clii, 559, 32 pp. Reprinted 1998 by The
Lawbook Exchange, Ltd. Cloth. New. $495.
* The earliest records of the court of Admiralty portray not only
the origin of maritime law as we know it today, but are also
important records of the origin of international law due to the
court of Admiralty’s jurisdiction over commercial contracts and
foreign trade. Contains documents from many sources collected by an
official of the Admiralty during the reign of Henry VI. Includes
regulations regarding the criminal jurisdiction of the Admiralty,
the rights of the crown, the Admiralty droits; rights, wages,
prizes, merchant contracts, collisions, inquests; a tract on the
ordo judiciorum illustrating the court’s model from civil rather
than common law procedure; and the inquisition taken at
Queensborough in 1375. This edition contains the laws of Oleron with
eleven additional rules; and an Appendix of documents including the
statutes of Richard II and Henry IV’s reign concerning Admiralty
jurisdiction.
152. Upshur, Abel Parker.
A Brief Enquiry into the True Nature Character of Our Federal
Government, Being a Review of Judge Story’s Commentaries on the
Constitution of the United States. By a Virginian. Petersburg:
Printed by Edmund and Julian C. Ruffin, 1840. 132 pp. Reprinted 1998
by The Lawbook Exchange, Ltd. Cloth. New. $45.
* A refutation of the nationalistic theory of the Constitution,
originally published as a pamphlet in 1840, this work was also
reprinted in 1863 by Northern Democrats in an effort to set forth
the political philosophy of the Confederacy. Upshur (1791-1844), a
Virginia judge, politician and spokesman for states-rights,
pro-slavery southern conservative ideology, served as Secretary of
the Navy and Secretary of State under President Tyler. An advocate
of the annexation of Texas and reopened those negotiations. He was a
supporter of banking regulation and an opponent of the theory of
natural law. The original edition, published by another Southern
conservative, Edmund Ruffin, is now quite uncommon.
153. Whishaw, James.
A New Law Dictionary: Containing a Concise Exposition of the Mere
Terms of Art, and Such Obsolete Words as Occur in Old Legal,
Historical and Antiquarian Writers. London: J. & W.T. Clarke,
1829. viii, 342 pp. Reprinted 2004 by The Lawbook Exchange, Ltd.
With New Introduction by Bryan A. Garner. Cloth. New. $125.
* Whishaw [1808-1879], a member of Gray’s Inn, set out to produce a
law dictionary in the tradition of Rastell, which would offer “the
exposition of the common terms and phrases of the Law” (Preface p.
vi) in a concise manner unlike the voluminous dictionaries that were
being produced contemporaneously. Although intended as a
simplification of terms and created for the young lawyer, this is by
no means a dictionary merely for the novice. Whishaw included
French, Latin and English words and phrases as well as “obsolete
words” from “old legal, historical and antiquarian writers” and
cited early law books and dictionaries in the entries (Cowell,
Blount, Hale’s Pleas of the Crown, etc.). This dictionary
went into a later edition in 1832. In 1835 Whishaw published A
Synopsis of the Members of the English Bar. This important work
remains uncommon institutionally and in the trade.
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