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Fraenkel,
Ernst. The
Dual State: A Contribution to the Theory of Dictatorship.
Translated From the German by E.A. Shils, in Collaboration with
Edith Lowenstein and Klaus Knorr. New York: Oxford University
Press, 1941. xvi, 248 pp. Reprint available May 2006 by The
Lawbook Exchange, Ltd. 2005. ISBN 1-58477-671-4. Cloth. $95.
* This classic study is one of the standard works on constitutional law, jurisprudence and judicial administration in Nazi Germany. Also considered one of the finest analyses of totalitarianism, it was written in Germany in the late 1930s and completed in the United States in 1940, where Fraenkel [1898-1975] lived after fleeing the Nazis in 1938. The title derives from Fraenkel's thesis that National Socialism divided the law into two co-existing areas. The first of these, The Normative State, protects the legal order as expressed in statutes, decisions of courts and the activities of administrative agencies. Its counterpart is the Prerogative State, which is governed by the party. It exercised "unlimited arbitrariness and violence unchecked by any legal guarantees" (xiii). "As a detailed record of what has happened to the Reichstaat under totalitarian auspices, this book is without rival.": Fritz Morstein Marx, Harvard Law Review 54 (1940-1941) 1267.  
Freeman, A.C.
A Treatise of the Law of Judgments. Including All Final Determinations
of the Rights of Parties in Actions or Proceedings at Law or in
Equity. Revised, and Greatly Enlarged by Edward W. Tuttle.
San Francisco: Bancroft-Whitney, 1925. Three volumes. 1216; 1280;
1264 pp. Reprinted 1993 by The Lawbook Exchange, Ltd. LCCN 99-047228.
ISBN 0-9630106-6-2. Cloth. $395.
*
Considered by Vanderbilt to be one of the great textbooks in which
the history of American law might well be traced. Men and
Measures in the Law, p. 21. In the present treatise (which cites
over 35,000 cases), the editor has analyzed the cases with care....
The book will be of great assistance to lawyers searching for
authorities in the important field it covers. Harvard Law Review
32(2):283-5.
Freidel,
Frank. Francis
Lieber: Nineteenth-Century Liberal. Baton Rouge, Louisiana
State University Press, [1947]. xiii, 445 pp. Reprinted 2003 by
The Lawbook Exchange, Ltd. ISBN 1-58477-350-2. Cloth. $95.
* Francis
Lieber [1798-1872] was a prominent political philosopher and who
helped lay the foundation for the study of political science in the
United States. Renowned for his theory of civil liberty which
combined an appreciation for the English concept of decentralized
political institutions that protected the rights of the individual
with the German idea of an overall national purpose, he bridged the
intellectual gap between Europe and America. A Prussian scholar and
political activist who was imprisoned twice in Germany for his
liberalism, he was one of the first university-trained scholars to
emigrate to the United States. A scholar of wide interests beyond
law and politics, he published studies on economics, statistics,
education and penal reform and produced and edited the
Encyclopedia America, the first work of its kind published in
the United States. He became professor of history and political
economy at South Carolina College, and was later appointed to the
same chair at Columbia College. In 1865 he moved to Columbia Law
School, where he was renowned for his contributions. Dictionary
of American Biography VI: 236-237. "There have been earlier
studies of the career of Francis Lieber, but this book will rank as
the definitive biography. The author has not only exhausted the
archival material and the voluminous correspondence between this
extraordinary German émigré scholar and the hundreds of men whom he
knew during his sojourn in America from 1827 to 1872, but he used
them to produce a very readable account of Lieber's career and
political and social philosophy." Carl Wittke, Indiana Law Review
34:732-734 cited in Marke, A Catalogue of the Law Collection at
New York University (1953) 1105.
Freund,
Ernst. Standards
of American Legislation: An Estimate of Restrictive and Constructive
Factors. Chicago: University of Chicago Press, 1917. xx, 327
pp. Reprint available April 2006 by The Lawbook Exchange, Ltd.
ISBN-13: 978-1-58477-552-2. ISBN-10: 1-58477-552-1. Cloth. $95.
* Esteemed by Vanderbilt and recommended by Pound for its treatment of judicial precedent, this book originated as a series of lectures at Johns Hopkins in 1915, Ernst Freund offered this work "to suggest the possibility of supplementing the established doctrine of constitutional law which enforces legislative norms through ex post facto review and negation by a system of positive principles that should guide and control the making of statutes, and give more definite meaning and content to the concept of due process of law" (Preface, v). Freund was Professor of Jurisprudence and Public Law in the University of Chicago. Vanderbilt, Studying Law 409. Pound, An Introduction to American Law 41 cited in Marke, A Catalogue of the Law Collection at New York University (1953) 205.
Friedberg,
Emil Albert and Aemilius Ludwig Richter.
Corpus Iuris [Juris] Canonici-Editio Lipsiensis Secunda/Post
Aemilii Ludouici Richteri Curas ad Librorum Manuscriptorum et
Editionis Romanae Fidem Recognouit et Adnotatione Critica Instruxit
Aemilius Friedberg. Leipzig: Tauchnitz, 1879-1881. Two volumes.
civ, 1472 columns (736 pp.); lxxxii, 1340 columns (670 pp.) LCCN
99-088231. Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN 99-088231.
ISBN-13: 978-1-58477-088-6. ISBN-10: 1-58477-088-0. Cloth. $300.
* The
standard edition of the Corpus Juris Canonici. Enacted during
the Council of Trent, this collected body of canon law remained in
force until the Code of Canon Law was enacted in 1917. Walker,
Oxford
Companion to Law
294.
British Museum Catalogue of Printed Books to 1955
XXI:1005.
Friend,
William L.
Anglo-American Legal Bibliographies. An Annotated Guide. Washington,
D.C.: United States Government Printing Office, 1944. xii, 166
pp. Reprinted 1996 by The Lawbook Exchange, Ltd. LCCN 96-11002.
ISBN 1-886363-21-8. Cloth. New. $65.
* This
extensively annotated bibliography provides a complete
bibliographical analysis of 298 significant works in Anglo-American
legal literature. Friend has omitted "nothing of legal
bibliographical importance" in his descriptions and has included the
Library of Congress catalogue entry and number for each title.
Entries are arranged in alphabetical order by author, followed by a
comprehensive index. Friend introduces his study with a lengthy
historical survey of the important developments in legal
bibliography.
Frothingham, Louis Adams. A Brief History of the Constitution and Government of Massachusetts. Cambridge: Published by Harvard University, 1916. v, 140 pp. Reprint available February 2007 by The Lawbook Exchange, Ltd. ISBN-13: 978-1-58477-734-2. ISBN-10: 1-58477-734-2. Cloth. $70.
* The author was Speaker of the Massachusetts House of Representatives, Lieutenant-Governor and a lecturer at Harvard.
Fulbeck,
William. Direction
or Preparative to the Study of the Law; Wherein is Shewed, What
Things Ought to be Observed and Used of Them That Are Addicted
to the Study of the Law, And What, on the Contrary Part, Ought
to be Eschewed and Avoided. Second Edition, Revised, by T.H.
Stirling. London: Printed for J. and W.T. Clark, 1829. [xii],
252 pp. Folding table. Reprinted 2004 by The Lawbook Exchange,
Ltd. ISBN 1-58477-371-5. Cloth. $85.
* Reprint of the 1829 London edition. William Fulbeck [1560-1603] was a bencher at Gray's Inn. Published in 1600, his Direction or Preparative was intended as a vade mecum for aspiring law students. The first book of its kind, it offers a mix of practical information and advice on personal conduct. (For example, he advises students not to study at night "for when the stomach is full and stuffed with meat, the abundance of humours is carried to the head, where it sticketh for a time and layeth as it were a lump of lead upon the brain.") For the most part Fulbeck restricts his thoughts to rhetorical techniques, methods for preparing a case, recommended readings and other topics. Though often read for amusement, this treatise remains an incomparable guide to English legal education and the legal culture of the Inns of Court during the Elizabethan era.
Fuller,
Lon L. The Law
in Quest of Itself. Boston: Beacon Press, 1966. [vi], 150
pp. Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN 99-32863.
ISBN-13: 978-1-58477-016-9. ISBN-10: 1-58477-016-3. Cloth. $60.
* Three
lectures by the Harvard Law School professor examine legal
positivism and natural law. In the course of his analysis Fuller
discusses Kelsen's theory as a reactionary theory, and Hobbes'
theory of sovereignty. He defines legal positivism as the viewpoint
that draws a distinction "between the law that is and the law that
ought to be..." (p.5) and interprets natural law as that which
tolerates a combination of the two. He looks at the effects of
positivism's continued influence on American legal thinking and
concludes that law as a principle of order is necessary in a
democracy.
Fullerton,
Wm. Morton. Problems
of Power: A Study of International Politics from Sadowa to Kirk-Kilissé.
New York: Charles Scribner's Sons, 1913. xx, 323 pp. Reprinted
2004 by The Lawbook Exchange, Ltd. ISBN 1-58477-353-7. Cloth $75.
* Reprint
of first edition. Fullerton [1865-1945] was an American journalist
who lived in Paris. A well-traveled, sophisticated man, he was
respected for his penetrating insights and graceful prose.
Problems of Power, his finest work, argues that international
law and Realpolitik lost their hold on the conduct of
international relations around 1870. Contemporary affairs since then
were determined by a fear of political weakness resulting from
cultural and spiritual decline. Fullerton's argument that this fear
was provoked by the global economy, and that it encouraged
nationalism, protective economic measures and a fervent desire to
repel foreign influences, remains relevant today.
Fulton,
Thomas Wemyss.
The Sovereignty of the Sea. An Historical Account of
the Claims of England
to the Dominion of the British Seas, and of the Evolution of the
Territorial Waters: With Special Reference to the Rights of Fishing
and the Naval Salute.
Edinburgh: William Blackwood and Sons, 1911. xxvi, 799 pp. Illustrated.
Reprinted 2002 by The Lawbook Exchange, Ltd. ISBN-10: 1-58477-232-8.
Cloth. $110.
* With an
extensive appendix of source readings. Fulton is interested in two
related themes: claims made to the sovereignty of the British Seas
in the past and the evolution of its territorial waters in recent
times. Though concerned primarily with fishing rights and the naval
salute, Fulton addresses broader issues related to the freedom of
commerce. The book falls into two sections. The first consists of an
historic account of pretensions to the dominion of the sea, with an
emphasis on the English and Dutch. The second looks at their
influence on the legal treatment of territorial waters, especially
in relation to the Law of Nations and fishing rights. Described by
Reid as "Indispensible on the Dutch fishing controversy" 228,
International Servitudes, (1932) Helen Dwight Reid.
Futrell,
William H. The
History of American Customs Jurisprudence. New York: Published
privately, 1941. 314 pp. Reprinted 1998 by The Lawbook Exchange,
Ltd. LCCN 98-11342. ISBN 1-886363-51-X. Cloth. $75.
*
Originally privately printed and scarce, this work gives the
historic background of the powers derived from the Constitution and
covers all aspects of U.S. customs law. Pound commended it as "a
thoroughly workmanlike job."
Dickens Exposes Some Cruel Features of the Legal System
Fyfe,
Thomas Alexander.
Charles Dickens and the Law. Edinburgh: William Hodge &
Co., 1910. 79 pp. Reprint available March 2006 by The Lawbook
Exchange, Ltd. ISBN-13: 978-1-58477-666-6. ISBN-10: 1-58477-666-8.
Cloth. $45.
* Based on an address to the Glasgow Dickens Society, this essay praises the author's detailed knowledge of the law and legal community. Indeed, "he made no such mistakes as many authors--even though of high standing--sometimes make. He laid down no bad law...." (78). More important, Fyfe advances the novel argument that his writings "exposed some cruel features of the legal system of his day" and influenced public opinion to demand their reform.
Gammel,
Hans Peter Nielson, Compiler.
The Laws of Texas 1822-1897: Austin's Colonization Law and
Contract; Mexican Constitution of 1824; Federal Colonization Law;
Colonization Laws of Coahuila and Texas; Colonization Law of State
of Tamaulipas; Fredonian Declaration of Independence; Laws and
Decrees, with Constitution of Coahuila and Texas; San Felipe Convention;
Journals of the Consultation; Proceedings of the General Council;
Goliad Declaration of Independence; Journals of the Convention
at Washington; Ordinances and Decrees of the Consultation; Declaration
of Independence; Constitution of the Republic; Laws, General and
Special, of the Republic; Annexation Resolution of the United
States; Ratification of the Same by Texas; Constitution of the
United States; Constitutions of the State of Texas, With All the
Laws, General and Special, Passed Thereunder, Including Ordinances,
Decrees, and Resolutions, With the Constitution of the Confederate
States and the Reconstruction Acts of Congress. With an Introduction
by C.W. Raines. Austin: The Gammel Book Company, 1898. Volumes
1-10. Complete set. [With]
Raines,
Cadwell Walton.
Analytical Index to the Laws of
Texas, 1823-1905 (Both Dates
Inclusive). Austin:
Von Boeckmann-Jones Company, 1906. 4, 559 pp. Together 11 books.
Reprinted 2004 by The Lawbook Exchange, Ltd. ISBN 1-58477-416-9.
Cloth. New. $2,750.
* This
monumental compilation includes all material relating to
congressional and legislative sessions as well as other significant
documents. Taken together, these materials offer an incomparable
guide to early Texas history. Indeed, C.W. Raines, the state
librarian, praises Gammel in the introduction, noting "these volumes
are in the nature of original evidence for the student of our
jurisprudence, and that nowhere else can it be so well studied as to
its origin, character, successive changes, and its present status as
a blended system of the Roman Civil Law and the Common Law of
England (Volume I, v). Published over one hundred years ago, it
remains an invaluable resource. In Basic Texas Law Books,
Jenkins says it is "the most valuable compilation of early laws of
Texas, and still the most useful" (69).
Although Gammel's Laws is one of
the most important works on the state's history, government and
politics, it has never been reprinted. Existing copies may be in
poor condition because they were printed on unstable paper and bound
in fragile law calf. We are proud to return this title to print in a
handsomely bound edition printed on acid-free paper. This handy and
durable set will be of great value to historians, practicing lawyers
and researchers.
Gardner,
Daniel. A Treatise
on International Law, and a Short Explanation of the Jurisdiction
and Duty of the Republic of the United States. Troy: From
the Press of N. Tuttle, 1844. xii, [13]-315 pp. Reprinted 2004
by The Lawbook Exchange, Ltd. ISBN 1-58477-455-X. Cloth. New.
$95.
* Gardner [1799-1863] was an attorney who practiced in Troy, New York, and a local politician who held several minor municipal offices in that city. The first part of this remarkable work argues that international law needs to return to its roots in natural law revealed in Scripture. Two major prejudices are embedded in this argument: the United States has done this, and Great Britain will not, choosing instead to dominate the oceans through force. The brief second part addresses the "internal jurisdiction of our national government over the states, the people of the United States and the Indian tribes possessing a portion of our territory" (269). It dispenses with the theological model of the first section to offer an outline of Federal powers as defined by constitutional law. His analysis of slavery is interesting. Though he clearly despises it, Gardner concludes that it cannot be abolished by Congress. He hopes, however, that the "chivalry of the south" will eventually imitate "Alexander of Russia and nobly set their vassals free" (286).
Gest,
John Marshall.
The Lawyer in Literature. Introduction by John H. Wigmore.
London: Sweet & Maxwell, Limited, 1913. xii, 249 pp. Reprinted
1999 by The Lawbook Exchange, Ltd. LCCN 99-18365. ISBN 1-886363-90-0.
Cloth. $60.
* An
elegant discourse on the law and lawyers found in Dickens, Balzac,
Scott, Coke and others. A fascinating section examines the
historical method of the study of law as illustrated by the law of
Master and Servant. With an interesting preface by Wigmore which
expounds on literature's practical value to lawyers. By the author
of the highly regarded The Old Yellow Book, which examined
Browning's poem "The Ring and the Book" and the actual facts of the
case and the legal arguments offered. John H. Wigmore, in the
introduction notes, "the best literature -- drama or poetry,
philosophy or fiction -- must always be an arsenal for the lawyer."
Marke, A Catalogue of the Law Collection of New York University
(1953) 1142.
Gierke,
Otto. Natural
Law and the Theory of Society 1500 to 1800. With a Lecture
on the Ideas of Natural Law and Humanity by Ernst Troeltsch. Translated
with an Introduction by Ernest Barker. Complete in one volume.
Cambridge: The University Press, 1950. Reprinted 2001 by The Lawbook
Exchange, Ltd. LCCN 2001016483. ISBN 1-58477-149-6. Cloth. New.
$110.
* Reprint
complete in one volume that contains "an English translation of five
sections of the fourth volume of Otto von Gierke's magisterial
treatise on the history of the German law of associations. When this
edition was published, all competent students of the history of
jurisprudence and political thought at once recognized that
Professor Barker had made a very important contribution to the
literature of these fields, none the less so because of the
elaborate and learned Introduction which he himself had
contributed." C.J. Friedrich, Harv. L. Rev. 49:677-680 cited
in Marke, Catalogue of the Law Collection at New York University
938. Gierke [1841-1921], an important German jurist, is widely
considered to be a founder of modern German constitutional law.
Gierke,
Otto. Political
Theories of the Middle Ages. Translated with an introduction
by Frederick William Maitland. Cambridge: At the University Press,
1913. lxxx, 197 pp. Reprinted 2002 by The Lawbook Exchange, Ltd.
LCCN 2001041398. ISBN 1-58477-186-0. Cloth. $70.
*
Gierke's masterful analysis of the medieval doctrine of sovereignty
or government is enhanced by Maitland's deft introductory essay on
the nature of the state entity in Germany and England. That Maitland
held Gierke and this work in high esteem is apparent in the fact of
this translation and in the esteem he proclaims in the Introduction:
"The outlines are large, the strokes are firm, and medieval appears
as an introduction to modern thought." Introduction p. [vii]. Marke,
A Catalogue of the Law Collection at New York University
(1953) 431, 938.
Giesecke,
Albert Anthony.
American Commercial Legislation Before 1789. New York:
University of Pennsylvania: D. Appleton and Company, agents, 1910.
167 pp. Reprinted 2001 by The Lawbook Exchange, Ltd. LCCN 00-058813.
ISBN 1-58477-153-4. Cloth. $65.
* The
original thirteen colonies depended on trade and navigation for a
large part of their economy, thus giving rise to numerous commercial
regulations. The author examines these with special attention to
import and export, bounties, inspection laws and embargoes, tonnage
duties, and port regulations. With a discussion of import duties on
Negro slaves. Includes a thorough bibliography and index.
Gilmore,
Grant. Security
Interests in Personal Property. Boston: Little, Brown &
Company, 1965. Two volumes. xxxiv, 651; xiii, 653-1508 pp. Reprinted
1999 by The Lawbook Exchange, Ltd. LCCN 99-10258. ISBN 1-886363-81-1.
Cloth. $195.
* Reprint
of the sole edition of this landmark work. Written by the late Grant
Gilmore, Co-Reporter for Article 9 of the Uniform Commercial Code,
it is often cited, and extremely well respected as an acknowledged
authority in this area. It combines an engrossing account of the
drafting of Article 9 as it emerged in its final form with important
interpretive data relating to security interests. This title is the
recipient of both the Order of the Coif and the James Barr Ames
award. Now back in print and of continued relevance today.
Girard,
Paul F. A Short
History of Roman Law. Being the First Part of his Manuel Elementaire
De Droit Romain. Translated by Augustus Henry Frazer and John
Home Cameron. Toronto: Canada Law Book Company, 1906, v, 220
pp. Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN 99-087383.
ISBN 1-58477-078-3. Cloth. $65.
* A
translation of the first book of Girard's popular and important
treatise on the constitutional and legal development of Rome. By
looking at the Kingship, the Republic, and the Empire, Girard
provides an able introduction to the history of Roman law,
supplemented by an acclaimed bibliography that in itself is a guide
to the subject. Marke, A Catalogue of the Law Collection of New
York University (1953) 117.
Girault,
Arthur. The
Colonial Tariff Policy of France.
Edited by Charles Gide. Oxford: At the Clarendon Press, 1916.
vii, 305, 6 pp. Reprinted 2005 by The Lawbook Exchange, Ltd. ISBN
1-58477-556-4. Cloth. $95.
* Reprint of the first and only edition. Girault asks "[w]hat customs regime should control relations between a colony and the colonizing state, on the one hand, and foreign countries on the other" (3)? He proposes two models: the first, "jealous exclusion" of others from trade with the colony, will likely result in dissension and warfare. The second, which Girault attributes to "liberal imperial states," allows the foreigner to trade on the same basis as the colonizer and, in the process, prepares the colonized peoples for eventual freedom. France, Girault maintains, tried both in its long imperial history, often at the same time. Originally published in the International Peace, Economic and History Series of the Carnegie Endowment for International peace, this book is notable for its textured historical analysis and its prescient identification of the seeds of colonial collapse.
Goebel,
Julius, Jr. Felony
and Misdemeanor: A Study in The History of English Criminal Procedure.
Volume I [all published]. New York: The Commonwealth Fund, 1937.
xxix, 455, [1] pp. Reprinted 2006 by The Lawbook Exchange, Ltd.
ISBN-13: 978-1-58477-603-1. ISBN-10: 1-58477-603-X. Cloth. $85.
* Immediately acclaimed as one of the most important contributions to European legal history, Felony and Misdemeanor has a broader scope than its title suggests. It is a history of the legal institutions in the Frankish Empire, Normandy and pre-conquest England and their contributions to the formation of Anglo-American private law, public law and judicial administration. It is also a social and political history of the early Middle Ages. This work, complete in itself, was intended to have a second volume which was never published. Reviewing this book in 1938 for the Harvard Law Review, Max Radin said it was "one of the most notable contributions to European legal history that has been made anywhere in recent years" and "a first-rate achievement" (51:1463, 1465).
Goldin,
Hyman E. The
Case of the Nazarene Reopened. New York: The Exposition Press,
[1948]. 863 pp. Reprinted 2003 by The Lawbook Exchange, Ltd. LCCN
2002041104. ISBN 1-58477-306-5. Cloth. $125.
* Written
in the form of a court transcript, this book offers Goldin's
position that the Jews were not responsible for the crucifixion of
Jesus Christ. To prove his case, the author, a lawyer and rabbi,
summons such witnesses as Saints Matthew, Mark, Luke, John and Peter
as well as an array of legal, exegetical, linguistic and historical
experts.
Goodenough,
Edwin R. The
Jurisprudence of the Jewish Courts in Egypt: Legal Administration
by the Jews under the Early Roman Empire as Described by Philo
Judaeus. New Haven: Yale University Press, 1929. vii, 268
pp. Reprinted 2002 by The Lawbook Exchange, Ltd. LCCN 00-058809.
ISBN 1-58477-152-6. Cloth. $75.
*
Goodenough takes a look at the work of the great ancient Jewish
philosopher from the unique point of view of the practical lawyer,
rather than the theologian, and as such illuminates much about law
as practiced in the Jewish courts in Alexandria. "...an absorbingly
interesting monograph on Philo's `De Specialibus Legibus.'"
Marke, A Catalogue of the Law Collection at New York University
(1953) 238.
Goodhart,
Arthur L. Five
Jewish Lawyers of the Common Law. London: Oxford University
Press, 1949. [4], 74 pp. Reprinted 2000 by The Lawbook Exchange,
Ltd. LCCN 99-049934. ISBN 1-58477-045-7. Cloth. $60.
*
Considered in light of the leading roles they have played in the
history of the common law, the five British and American lawyers are
Judah Philip Benjamin, Sir George Jessel, Louis Brandeis, Rufus
Isaacs, and Benjamin Cardozo. The text--considerably expanded and
here annotated--of the eleventh Lucien Wolf Memorial Lecture, was
delivered on May 15, 1947 at University College, London University.
Goodhart was the Professor of Jurisprudence at the University of
Oxford. Marke, A Catalogue of the Law Collection of New York
University (1953) 154.
Goodnow,
Frank Johnson.
Comparative Administrative Law: An Analysis of the Administrative
Systems, National and Local, of the United States, England, France
and Germany. New York: G. P. Putnam's Sons, 1897. 2 Vols.
Reprinted 2005 by The Lawbook Exchange, Ltd. ISBN-13: 978-1-58477-622-2.
ISBN-10: 1-58477-622-6. Cloth. $195.
* Reprint of the first edition. Volume I: Organization. Volume II: Legal Relations. Referring to this book in One Hundred Years of Administrative Law (1937), Arthur Vanderbilt wrote that "Goodnow was the first to perceive the peculiar significance for the study of administrative law of the comparative method as applied to the administrative systems of France, Germany, England and the United States, which, although involving common problems, also present sharp contrasts at many vital points" (I:120-121). A member of the Columbia faculty, Goodnow [1859-1939] was the first individual in the United States to hold a professorship in administrative law.
Goodnow,
Frank J. The
Principles of the Administrative Law of the United States.
New York: G.P. Putnam's Sons, [1905]. xxvii, 480 pp. Reprinted
2003 by The Lawbook Exchange, Ltd. LCCN 2002042756. ISBN 1-58477-348-0.
Cloth $110.
* Reprint
of first edition. A member of the Columbia faculty, Goodnow
[1859-1939] was the first individual in the United States to hold a
professorship in administrative law. His major work, this book
analyzes the distinction between `politics' and `administration.'
According to Goodnow, politics is concerned with policy and other
expressions of state will. Administration is concerned with the
faithful execution of enacted legislation. He observes that
administration has a tendency to overstep this boundary and concedes
that politics must therefore monitor administration to keep it in
line with the people's will.
Goss,
John Dean.
The History of Tariff Administration in the United States: From
Colonial Times to the McKinley Administration Bill. New York:
[Columbia University], 1891. 89 pp. Reprinted 2005 by The Lawbook
Exchange, Ltd. ISBN-13: 978-1-58477-574-2. ISBN-10: 1-58477-574-2.
Cloth. $65.
* Goss traces the tariff system through three avatars that often existed simultaneously: protective, preventive and punitive. From an ineffective colonial system that allowed importers to avoid payment through extended credit arrangements, to a somewhat less troubled system that demanded immediate cash payments in the early 1840s, to a punitive system designed to stymie smugglers during the Civil War, the collection of tariff duties was always problematic. This problem was enhanced in the wake of industrialization and protectionism when direct taxes began to supplant indirect taxation as the major source of government finance. Reviewing the history of American tariff regulation, Goss discerns a gradual process towards "more stringent supervision, regulation and control" (88). Originally published in the series Studies in History, Economics and Public Law edited by the Political Science Faculty of Columbia University.
Goudsmit, J.E.
The Pandects: A Treatise on the Roman Law and Upon its Connection
with Modern Legislation. Translated from the Dutch by R. De
Tracy Gould. London: Longmans, Green & Co., 1873. xx, [1], 368
pp. Reprinted 2005 by The Lawbook Exchange, Ltd. ISBN-13: 978-1-58477-561-4.
ISBN-10: 1-58477-561-0. Cloth. $150.
* Reprint of the first and only edition. Goudsmit [1813-1882] was professor of jurisprudence at the University of Leiden and a preeminent scholar of Roman law. As its title suggests, this erudite study has two parallel components. The largest is a thorough topic-by-topic analysis of the Digest (or Pandects), the vast compilation of jurisprudential writings from the Corpus Juris Civilis. This is complemented with a running demonstration of each topic's relevance in contemporary European law. This study is a valuable introduction to the Digest and a compelling demonstration of its influence on European law at a time when several nations were showing a renewed interest in codification.
Gould,
James. A Treatise
on the Principles of Pleading in Civil Action. Boston: Lilly
and Wait, 1832. x, 536 pp. Reprinted 2002 by The Lawbook Exchange,
Ltd. LCCN 00-059549. ISBN 1-58477-158-5. Cloth. $95.
* Gould
[1770-1838] was the preeminent law professor at Litchfield Law
School, the nation's first law school. This treatise is taken from
his Litchfield lectures and puts forth his system of principles of
pleading in an orderly, scientific and reasonable manner. "Gould's
Pleading is a legal classic of the highest order, and has placed its
author among the very best legal writers of the age." Marvin,
Legal Bibliography (1847) 342. Dictionary of American
Biography IV:453-454. Catalogue of the Library of the Law
School of Harvard University (1909) I:775.
Gray,
John Chipman. The
Rule Against Perpetuities. Third Edition. Boston: Little,
Brown and Company, 1915. xlii, 714 pp. Reprinted 2003 by The Lawbook
Exchange, Ltd. LCCN 2002040729. ISBN 1-58477-307-3. Cloth. $125.
* The
first edition of this classic treatise was published in 1886. It
became a standard work among conveyancers and was adopted by law
schools within a few years. Considered a work of authority, it
is
distinguished by its organization and thoroughness as well as the
extent of Gray's historical research and boldness of his analysis.
Gray, W. Forbes.
Some Old Scots Judges: Anecdotes and Impressions. New York:
E.P. Dutton and Company, 1915. xii, 317 pp. Frontispiece. Thirteen
plates. Reprinted 2005 by The Lawbook Exchange, Ltd. ISBN 1-58477-496-7.
Cloth. $85.
* Gray [1874-1950] draws on "anecdotes
and contemporary testimony" to illuminate the personalities
of Kames, Monboddo, Gardenstone, Braxfield, Hailes, Eskgrove, Balmuto,
Newton, Hermand, Eldin, Jeffrey and Cockburn. As he states in the
preface, he attempts "to show what manner of men those old
Scots jurisconsults were--to present a conspectus of their philosophy
of life. Accordingly, much space is devoted to setting forth their
ideas and ideals, to recording their habits, their daily walk and
conversation, their studies, their recreation, their manner of comporting
themselves in the various relationships of life. In short, every
effort has been made to shed as much light as possible upon their
morals and their manners, their wit and their wisdom" (vi).
A pleasure to read, this book contains a good deal of information
that is not available elsewhere.
Green,
Thomas Hill. Lectures
on the Principles of Political Obligation. London: Longmans,
Green, and Co., 1895. xxiv, 252 pp. Reprinted 2006 by The Lawbook
Exchange, Ltd. ISBN 1-58477-614-5. Cloth. $80.
* Reprint of the first edition. Roscoe Pound recommended this book in The Study of American Law for its discussion of legal rights, powers, liberties, privileges and liabilities (38). Green [1836-1882], Professor of Moral Philosophy at Oxford University, was one of the most influential philosophers of the nineteenth and early twentieth centuries. Lectures on the Principles of Political Obligations is his most important work. Its object is to demonstrate, on the basis of his general moral philosophy, the ethical position of the state, in particular the extent to which moral authority is justifiable and obedience to law morally obligatory. Extracted from Volume II of The Works of Thomas Hill Green (1885) it went on to become a standard textbook on political theory in Great Britain and the United States. A durable work, it is still cited today.
Greenidge,
A.H.J. The
Legal Procedure of Cicero's Time. Oxford: The Clarendon Press,
1901. xiii, 599 pp. Reprinted 2000 by The Lawbook Exchange, Ltd.
LCCN 99-26771. ISBN 1-886363-99-4. Cloth. $85.
* A
systematic and historical treatment of the civil and criminal
procedure of Cicero's time. At the same time the author examines the
legal difficulties and contradictions found in Cicero's writings on
procedure. With a subject index and index to passages found in
Cicero's works. Of value to the student of Roman law, criminal and
military procedure and law, and the history of European courts.
Greenidge,
A.H.J. Roman
Public Life. London: Macmillan and Co., 1901. xx, 483 pp.
Reprinted 2003 by The Lawbook Exchange, Ltd. LCCN 2002024321.
ISBN 1-58477-242-5. Cloth. $85.
*
Greenidge [1865-1906] traces the growth of the Roman constitution
and examines how it functioned during the mature Republic and the
Principate. "My desire was to touch, however briefly, on all the
important aspects of the important aspects of public life, central,
municipal, and provincial; and, thus, to exhibit the political
genius of the Roman in connexion with all the chief problems of
administration which it attempted to solve." (Preface). Includes a
useful index of Latin words and an index of passages from ancient
authors referenced in the text.
Greenleaf,
Simon. The
Testimony of the Evangelists Examined by the Rules of Evidence
Administered in Courts of Justice with an Appendix Containing
a History of the Most Ancient Manuscript Copies of the New Testament,
and a Comparison of their Text with that of the King James' Bible
by Constantine Tischendorff. Also a Review of the Trial of Jesus.
New York: James Cockcroft & Company, 1874. Reprinted 2001
by The Lawbook Exchange, Ltd. xxiii, 613 pp. LCCN 00-021510. ISBN
1-58477-095-3. Cloth. $95.
*
Greenleaf applies the rules of evidence as espoused in his notable
and widely cited work, A Treatise on the Law of Evidence, to
the New Testament in an effort to determine the reliability of the
testimony in the Gospels. Greenleaf [1783-1853] was a Dane Professor
at Harvard University and is considered, along with Joseph Story, to
be responsible for the emergence of Harvard Law School. Marke, A
Catalogue of the Law Collection of New York University (1953)
110. Dictionary of American Biography IV: 583-584.
Greenleaf,
Simon. A Treatise
on the Law of Evidence. Boston: Little, Brown, and Company,
1899. Three volumes. Reprinted 2001 by The Lawbook Exchange, Ltd.
LCCN 00-065554. ISBN 1-58477-116-X. Cloth. $350.
*
Sixteenth edition and last edition. The first volumes of this
edition was edited by John H. Wigmore just prior to the publication
of his magnum opus on this subject. Thus this edition represents the
transition from Greenleaf on Evidence to Wigmore on Evidence.
According to Marvin, "Until the appearance of Professor Greenleaf's
Treatise upon Evidence, the Bar in the United States were wholly
dependent upon English works for information in this department of
the law." Marvin, Legal Bibliography(1847) 347-348, citing
earlier eds.
Groat,
George Gorham.
Attitude of American Courts in Labor Cases: A Study in Social
Legislation. New York: Columbia University Press, 1911. vii,
400 pp. Reprinted 2003 by The Lawbook Exchange, Ltd. LCCN 2002192202.
ISBN 1-58477-308-1. Cloth. $80.
*
American courts took a keen interest in union and labor issues
during the opening decades of the twentieth century. Lochner v. New
York (1905) and Adair v. U.S. (1908) are among the many landmark
cases argued at this time. Groat offers a valuable contemporary
perspective on these developments. Restricting his focus to
"principles and problems that are still unsettled," Groat examines
"the political economic and social principles that guide the courts"
(Preface, v). Reprinted from the series Studies in History,
Economics and Public Law edited by the Columbia University
Department of Political Science.
Groat,
George Gorham.
Trade Unions and the Law in New York: A Study of Some Legal
Phases of Labor Organizations. New York: Columbia University
Press, 1905. 134 pp. Reprinted 2003 by The Lawbook Exchange, Ltd.
ISBN 1-58477-309-X. Cloth. $60.
* This
interesting study appeared during the progressive era, a time when
unions were beginning to enjoy public approval and legislative
support. Groat looks at efforts to secure legislation favorable to
the interests of organized labor, and goes on to thoroughly examine
the lawfulness of trade-union activities. Reprinted from the series
Studies in History, Economics and Public Law edited by the Columbia
University Department of Political Science.
Grotius,
Hugo. De Iure
Belli Ac Pacis Libri Tres, In Quibus Ius Naturae Et Gentium, Item
Juris Publici Praecipua Explicantur. Cum Annotatis Auctoris.
Edited by P.C. Molhuysen. Preface by C. Van Vollenhoven. Leiden:
A.W. Sijthoff. 1919. xv, 752 pp. Reprinted 2005 by The Lawbook
Exchange, Ltd. ISBN 1-58477-539-4. Cloth. $150.
* Reprint of the standard critical Latin edition of Grotius's magnum opus of 1625, which established the framework of modern international law. Grotius describes the situations in which war is a valid tool of law enforcement and outlines the principles of armed combat. Though based on Christian natural law, Grotius advanced the novel argument that his system would still be valid if it lacked a divine basis. In this regard he pointed to the future by moving international law in a secular direction. A work of painstaking philological research, this edition is based on the final version edited by the author, which issued posthumously in 1646. Differences between this edition and those of 1632 and 1642 are noted and the author of each text quotation is identified with reference to modern editions. A list of Grotius's citations is also included.
Grotius,
Hugo. De Jure
Praedae Commentarius. Ex Auctoris Codice Descripsit et Vulgavat
H[endrick] G[erard] Hammaker.
The Hague: Apud Martinum Nijhoff, 1868. xvi, 359 pp. [With]
Fruin, Robert J., "An Unpublished Work of Hugo Grotius's."
In Bibliotheca Visseriana: Dissertationum Ius Internationale
Illustrantium, edited by Rijksuniversiteit te Leiden. Leiden:
E.J, Brill, 1925. Reprinted 2003 by The Lawbook Exchange, Ltd.
ISBN 1-58477-346-4. Cloth. $100.
* Reprint
of the first edition. Written between 1604 and 1605, De Jure
Praedae [On the Law of Prize], which remained in
manuscript until 1868, is the earliest significant legal work by
Hugo Grotius [1583-1645]. His discussion of prize is not restricted
to issues of legality; he seeks to determine also whether the
capture of enemy material is honorable or expedient. He pursues
these issues through an elegant argument based on natural law.
Remarkable for its intellectual finesse and literary quality, De
Jure Praedae is equally significant as the source of two of his
most important writings. Mare Liberum (1609) is based on one
of its chapters. It also contains an early version of De Jure
Belli et Pacis (1625). In this regard, the book offers a
valuable introduction to the issues explored in these later works.
Appended to this reprint is Robert J. Fruin's valuable essay An
Unpublished Work of Hugo Grotius's. Written in 1868 and later
republished in English in 1925, it remains the principal study of
this work.
Grotius,
Hugo. The Freedom
of the Seas or The Right which Belongs to the Dutch to Take Part
in the East Indian Trade. Translated with a Revision of the
Latin Text of 1633 by Ralph van Deman Magoffin. Edited with an
Introductory Note by James Brown Scott. New York: Oxford University
Press, 1916. xv, 83pp., paged in duplicate. Reprinted 2001 by
The Lawbook Exchange, Ltd. ISBN-10: 1-58477-182-8. Cloth. $65.
*
Translation of Grotius' work, Mare Liberum, with Latin and
English on facing pages. In this classic of international maritime
law he calls for open rights of all countries and dominions to sail
the seas without appropriation by any country, which was undoubtedly
an attempt to offset the attempts of Spain, Portugal and England to
claim sovereignty of the seas. This controversial viewpoint was
opposed by John Selden in defense of the British Empire, in Mare
Clausum. Grotius [1583-1645] is known principally for this work
and his classic treatise on the law of nations, De Jure Belli.
Grotius,
Hugo. The Rights
of War and Peace, in Three Books: Wherein are Explained, The Law
of Nature and Nations, and The Principal Points Relating to Government.
Written in Latin by the Learned Hugo Grotius, And Translated into
English. To which are Added, All the Large Notes of Mr. J. Barbeyrac...
London: Printed for W. Innys [et al.], 1738. xxxvi, 817 pp.
Folio, 9" x 14." Reprinted 2004 by The Lawbook Exchange,
Ltd. ISBN 1-58477-386-3. Cloth. $250.
* With
index. The "best edition" of a landmark work on law and government
by Hugo Grotius [1535-1645] (Lowndes, Bibliographer's Manual of
English Literature, Rev. ed. III, 950). First published in Paris
in 1625, it established the system of modern public international
law, based on the concept of "droit naturel," a
morality-based law that superseded the personalities of individuals
or nations. These ideas influenced the American Revolution, whose
leaders often cited Grotius. "No legal work ever enjoyed a more
widely extended reputation, and none ever exercised such a wonderful
influence over the public morals of Europe.": Marvin, Legal
Bibliography 353. This edition features the notes of J.
Barbeyrac described by Marvin as excellent.
Grueber,
Erwin. The
Roman Law of Damage to Property, Being a Commentary on the Title
of the Digest Ad Legem Aquiliam (IX. 2) with an Introduction to
the Study of the Corpus Iuris Civilis. Oxford: At the Clarendon
Press, 1886. xxv, 288 pp. Reprinted 2004 by The Lawbook Exchange,
Ltd. ISBN-13: 978-1-58477-477-1. ISBN-10: 1-58477-447-9. Cloth.
$80.
* More
than a commentary, this treatise is a thorough introduction to an
important and influential area of Roman law. It begins with a
detailed overview of the Corpus Juris Civilis. The next
section is a passage-by-passage interpretation of the title
"Concerning the Aquilia" from the Digest. (The texts are
printed with parallel English translations.) This is followed by a
systematic exposition of the Roman law of damage to property. The
book concludes with a useful summary that provides a survey of the
subject and indicates the location of key passages and topics.
Haines,
Charles Grove.
The Conflict over Judicial Powers in the United States to 1870.
New York: Columbia University Press, 1909. 180 pp. Reprinted 2001
by The Lawbook Exchange, Ltd. LCCN 99-088241. ISBN 1-58477-080-5.
Cloth. $60.
* From
the Columbia University series Studies in History, Economics and
Public Law, Volume XXXV, Number 1, Whole Number 92. Haines shows the
gradual development of the increasing power and authority of the
judiciary through this study of the conflicting opinions over the
right of the judiciary to nullify legislative acts. Includes
discussion of resistance from the states, attitudes about the
slavery controversy, and the effects of Jacksonian democracy on the
power of the judiciary.
Haines,
Charles Grove.
The Role of the Supreme Court in American Government and Politics
1789-1835. Berkeley: University of California Press, 1944.
xiii, 679 pp. Reprinted 2002 by The Lawbook Exchange, Ltd. ISBN
1-58477-207-7. Cloth. New. $120.
* Haines'
colorful history of the Supreme Court surrounding the John Marshall
years gives particular attention to the "local, particularist and
democratic" principles (Introduction, p.4) that Haines, an ardent
Jeffersonian, believed were neglected in favor of a conservative and
nationalistic viewpoint found in earlier histories of the Court. He
shows that the Supreme Court under Chief Justice John Marshall
established the doctrine of judicial review as part of a Federalist
effort to strengthen the central government, and goes on to discuss
attacks upon the Court and the decline of authority and prestige of
the Court. In his description of the Court's major decisions, he
examines the issue of state versus national sovereignty and the
status of common-law principles in the federal courts. He includes a
discussion of opinions regarding the Dartmouth College case and the
trial of Aaron Burr. Haines was a political scientist and professor
of Political Science at the University of California at Los Angeles
for twenty years. Marke, A Catalogue of the Law Collection at New
York University (1953) 173.
Haines,
Charles Grove and Foster Sherwood.
The Role of the Supreme Court in American Government and Politics
1835-1864. Berkeley: University of California Press, 1957.
x, 533 pp. Reprinted 2002 by The Lawbook Exchange, Ltd. ISBN 1-58477-197-6.
Cloth. New. $95.
* Haines'
untimely death while writing this the continuation to The Role of
the Supreme Court in American Government and Politics 1789-1835
led to the work's completion by Haines' colleague at the University
of California at Los Angeles, Foster H. Sherwood. This volume
follows the Marshall years with a history of the Taney era, and
examines the political and economic issues as well as the prominent
legal issues of the era such as states rights and slavery that
shaped the Court's decisions.
Hale,
Matthew. The
History and Analysis of the Common Law of England. Stafford:
J. Nutt, 1713. [x], 264, [28], 176 pp. Reprinted 2000 by The Lawbook
Exchange, Ltd. LCCN 99-33739. ISBN 1-58477-024-4. Cloth. $85.
* The
highly respected first history of the common law ever written is
reprinted here in its first edition. A series of chronological
essays that were not intended for publication comprise a sketch of
the history of legal doctrine. "...it does give us a clear statement
of the history of some of the important external features of the
common law...Sketch as it is his history is living history because
its author had a clear view of its whole course." Holdsworth,
Sources and Literature of English Law 151-152. Hale [1609-1676]
was a Judge of the Common Pleas, well-known for his History of
the Pleas of the Crown. Plucknett, A Concise History of the
Common Law 252-253.
Hale,
Sir Matthew.
Historia Placitorum Coronae. The History of the Pleas of the Crown.
Now First Published from his Lordship's Original Manuscript, and
the Several References to the Records Examined by the Originals,
with Large Notes. By Sollem Emlyn of Lincoln's Inn, Esq. To
which is added a Table of the Principle Matters. [London]: Printed
by E. and R. Nutt and R. Gosling, 1736. Two volumes. Reprinted
2003 by The Lawbook Exchange, Ltd. ISBN 1-58477-282-4. Cloth.
$295.
* Reprint
of the first edition. Widely acclaimed for its skillful,
comprehensive and masterful discourse, this is the first history of
English criminal law. Although Hale [1609-76] had planned to write
this work in three books; only the first book was completed before
his death. It covers the capital offenses - treasons and felonies.
"This book, so far as it extends, gives a complete presentment of
this branch of the law, both in its development and in its condition
at Hale's own time...Ever since its first publication it has been
regarded as a book of the highest authority": Holdsworth, Sources
and Literature of English Law 152-153. See Winfield, The
Chief Sources of English Legal History 327-8.
Hall,
Jerome. General
Principles of Criminal Law. Second Edition. Indianapolis:
The Bobbs Merrill Company, [1960]. xii, 642 pp. Reprinted 2005
by The Lawbook Exchange, Ltd. ISBN 1-58477-498-3. Cloth. $125.
* The standard one-volume treatise based on classic legal-realist principles. As its title suggests, Hall provides more than a thorough overview of the subject; he analyzes the principles that comprise its foundations with an emphasis on their creation and definition by officials. This process is explored in its chapters on legality, mens rea, harm, causation, punishment, strict liability, ignorance and mistake, necessity and coercion, mental disease, intoxication and criminal attempt, as well as its general chapters on criminology, criminal theory and penal theory. Acclaimed when its first edition appeared in 1947, it has been cited regularly ever since.
Hall,
John E. The
Practice and Jurisdiction of the Court of Admiralty: In Three
Parts I. An Historical Examination of the Civil Jurisdiction of
the Court of Admiralty -- II. A Translation of Clerke's Praxis,
with Notes on the Jurisdiction and Practice of the District Courts
-- III. A Collection of Precedents. Baltimore: Geo. Dobbin
and Murphy, 1809. xxviii, iv, [3], 211, [5] pp. Reprinted 2005
by The Lawbook Exchange, Ltd. ISBN-13: 978-1-58477-512-6. ISBN-10:
1-58477-512-2. Cloth. $95.
* Reprint of the first significant American treatise on admiralty law. A valuable feature of this scholarly work is its translation of Francis Clerke's Praxis Supremae Curiae Admiraltatis. First published in London in 1679 and translated into English in 1722, Lord Harwicke described it as of "unquestionable credit." Hall's translation, the best to that date, incorporated materials from manuscripts unavailable previously. In addition, he added a history of Anglo-American admiralty law, an extended discussion of American admiralty practice and a useful compendium of relevant cases. Hall [1783-1829] was editor of The American Law Journal from 1808-1817.
With An Original Leaf from the
First Edition
Hamilton,
Alexander, James Madison and John Jay].
The Federalist: A Collection of Essays, Written in Favour of
the New Constitution, As Agreed Upon by the Federal Convention,
September 17,
1787. New-York:
J. and A. M'Lean, 1788. Two volumes. Reprinted 2002 by The Lawbook
Exchange, Ltd. LCCN 2001037703. ISBN 1-58477-204-2. Cloth. $295.
*
Special limited numbered (193 copies) edition facsimile reprint of
the very rare first edition containing one original leaf from 1788
first edition bound in, and facsimile reprint of the complete text
of the two-volume first edition. The views of Hamilton, Madison
and Jay expressed in this landmark work have had a lasting effect on
U.S. Constitutional law. Eighty-five of the essays were almost
entirely written by Hamilton and Madison, and probably only five
were written by Jay. Most of the individual essays appeared under
the collective pseudonym "Publius" in New York newspapers and
journals from October 27, 1787 to early June 1788. The first edition
was published anonymously and printed by the M'Lean brothers, who
collected and published the first 36 essays as Volume I in March,
1788, with the final 49 essays in Volume II in May of the same year,
along with the text of the Constitution. The essays were intended to
encourage ratification of the proposed constitution by New York
State, but were immediately recognized as the most compelling
commentary on the most radical form of government the world had
seen. Hamilton's essays especially express a strong concern for the
rights of property over the natural rights of "life, liberty and the
pursuit of happiness," as outlined by Jefferson in the Declaration
of Independence.
Hamilton,
Alexander, James Madison and John Jay].
The Federalist: A Collection of Essays, Written in Favour of
the New Constitution, As Agreed Upon by the Federal Convention,
September 17, 1787. New-York: J. and A. M'Lean, 1788. Two
volumes. Reprinted 2005 by The Lawbook Exchange, Ltd. ISBN 1-58477-529-7.
Cloth. $195.
* Facsimile reprint of the complete text of the first edition in two volume. "Most famous and influential American political work." Howes, U.S.IANA, 1650-1950 H114c. The views of Hamilton, Madison and Jay expressed in this landmark work have had a lasting effect on U.S. Constitutional law. Eighty-five of the essays were almost entirely written by Hamilton and Madison, and probably only five were written by Jay. Most of the individual essays appeared under the collective pseudonym "Publius" in New York newspapers and journals from October 27, 1787 to early June 1788. The first edition was published anonymously and printed by the M'Lean brothers, who collected and published the first 36 essays as Volume I in March, 1788, with the final 49 essays in Volume II in May of the same year, along with the text of the Constitution. The essays were intended to encourage ratification of the proposed constitution by New York State, but were immediately recognized as the most compelling commentary on the most radical form of government the world had seen. Hamilton's essays especially express a strong concern for the rights of property over the natural rights of "life, liberty and the pursuit of happiness," as outlined by Jefferson in the Declaration of Independence. Sabin, A Dictionary of Books Relating to America 23979.
Hankey,
The Right Hon. Lord.
Politics, Trials and Errors. Chicago: Henry Regnery Company,
[1950]. xiv, 150 pp. Reprinted 2002 by The Lawbook Exchange, Ltd.
ISBN 1-58477-228-X. Cloth. $65.
* Lord
Hankey [1877-1963] served as secretary of the British cabinet during
the Second World War. This allowed him the rare opportunity to
observe crucial events at the highest political levels, which he
describes in this volume. Hankey opposes the Allied policy of
unconditional surrender and desire to hold war crime trials, goals
that were announced during the middle years of the war. He takes the
position that the former encouraged the Axis to take desperate
measures to prolong the war, a policy that led to needless
destruction and death, and dismisses the latter as empty propaganda
that did nothing for the victims and impeded the peace process.
Hantos,
Elemer. The
Magna Carta of the English and of the Hungarian Constitution:
A Comparative View of the Law and Institutions of the Early Middle
Ages. London: Kegan Paul, Trench, Trubner & Co., 1904.
xxxi, 209 pp. Reprinted 2005 by The Lawbook Exchange, Ltd. ISBN-13:
978-1-58477-466-2. ISBN-10: 1-58477-466-5. Cloth. $90.
* The history and contents of the Magna Carta (1215) and the Bulla Aurea (1222) are remarkably similar, so much so that the latter document is often called the "Magna Carta of Hungary." These similarities are remarkable given the differences between the nobility of England and the Holy Roman Empire. In this fascinating study Hantos traces Hungary's constitutional development during the thirteenth and fourteenth centuries. Turning to the laws and institutions they engendered, Hantos considers examples where developments were similar or divergent. This study will interest students of medieval law, comparative law and constitutional history.
Hardy,
E[rnest] G[eorge], Translator.
Roman Laws and Charters. Translated with Introduction and Notes.
[With] Three Spanish Charters and Other Documents.
With Introduction and Notes. Oxford: Clarendon Press, 1912. v,
159; iv, 159 pp. Reprinted 2005 by The Lawbook Exchange, Ltd.
ISBN 1-58477-517-3. Cloth. $95.
* This important collection source materials includes the Roman Lex Acilia Repentudarum, Lex Agraria, Lex Antonia de Termessibus Majoribus, Lex Municipii Tentini, Lex Rubria de Gallia Cisalpina and the Lex Julia Municipalis. The three Spanish charters are the Lex Coloniae Juliae, Lex Municipalis Salpensasa and Lex Municipalis Malacitana. The Edict of Claudius de Civitate Ananuroum and the Speech of Claudius on the Gallic Citizens are also included. Each item is prefaced by a useful introduction that provides historical and analytical context.
Hare,
J[ohn] I[nnes] Clark.
The Law of Contracts. Boston: Little, Brown and Company,
1887. xxxiv, 679 pp. Reprinted 2003 by The Lawbook Exchange, Ltd.
ISBN-13: 978-1-58477-311-5. ISBN-10: 1-58477-311-1. Cloth. $125.
* Hare's
objective was to trace the doctrine of consideration and to show its
influence on contracts in common law. Beginning with Roman law,
where the doctrine of consideration was unknown, he proceeds to an
examination of the practical importance of the law of sales. This
treatise was taken from a course of lectures given by the author in
the law school of the University of Pennsylvania, where he also
served as a trustee. Hare [1816-1905] edited a number of selections
and reports of cases and "...was one of the half-dozen greatest
judges that Pennsylvania has produced. He ascended the bench just
after equity was introduced, as a general system, into Pennsylvania,
and his contribution to its establishment was of great importance."
Dictionary of American Biography IV:262.
Hargrett, Lester.
A Bibliography of the Constitution and Laws of the American
Indians. With an introduction by John R. Swanton. xxi, 124 pp.
Cambridge: Harvard University Press, 1947. Reprinted 2003 by The
Lawbook Exchange, Ltd. LCCN 2002024313. ISBN 1-58477-260-3. Cloth.
New. $95.
* A
thorough descriptive list of 225 printed constitutions, statutes,
session acts and resolutions passed by properly authorized bodies of
the Cherokee Nation, Chickasaw Nation, Choctaw Nation, Creek (or
Muskogee) Nation), Indian Territory, Nez Perce tribe, Omaha Tribe,
Osage Nation, Ottawa Tribe, Sac and Fox Nation, Seminole Nation,
Seneca Nation, State of Sequoyah, Stockbridge and Munsee Tribe and
the Winnebago Tribe. Each chapter begins with a brief history of the
tribe or nation and each entry contains useful biographical,
historical and bibliographical notes. The author observes that many
of these items have not been "recorded in any connection, and the
scant biographical information about the others are widely scattered
and often imperfect" (Preface). Besterman, A World Bibliography
of Bibliographies I:353.
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