 |
Harno,
Albert J.
Legal Education in the U.S.: A Report Prepared for the Survey
of the Legal Profession. San Francisco: Bancroft-Whitney
Company, 1953. v, 211 pp. Reprinted 2004 by The Lawbook Exchange,
Ltd. ISBN 1-58477-441-X. Cloth. $70.
* This concise yet detailed survey offers an excellent introduction to the history of American legal education from the colonial era to the 1950s. Its evolutionary perspective derives from one telling insight: "A social consciousness of the significance of law to a people is an attribute of a ripening civilization" (18). In succeeding chapters, Harno examines "Our English Heritage," "The Formative Period of American Legal Education," "Early American Law Schools and the Laissez Faire Period," "The Case Method," "Impact of Professional Organizations, Criticisms of Modern Legal Education," and "Legal Education-A Present Appraisement."  
Harper, Robert Francis.
The Code of Hammurabi King of Babylon.
About 2250 B.C. Autographed Text Transliteration...
Chicago: The University of
Chicago Press, 1904. xxviii, 194, ciii pp. Plates, folding map
of the region. Reprinted 1999 by the Lawbook Exchange, Ltd. LCCN
99-23953. ISBN 1-58477-003-1. Cloth. $75.
*
Complete English translation of the code with a running parallel
transliteration of the original ideograms. All corrections and
erasures are included. This edition also includes facsimiles of all
of the original cuneiform tablets, a thorough glossary and index of
subjects, lists of proper names and tables of weights and
currencies.
Harriman,
Edward A. The
Constitution at the Cross Roads: A Study of the Legal Aspects
of the League
of Nations, The Permanent Organization of Labor and the Permanent
Court of International Justice.
New York: George H. Doran Company, [1925]. xv, 274 pp. Reprinted
2003 by The Lawbook Exchange, Ltd. ISBN 1-58477-314-6. Cloth.
$75.
* With
the adoption of the Constitution, the original states lost their
right to settle disputes between themselves by means of war.
Harriman enlarges this discussion to the United States' place in the
world and the maintenance of its independence following the Treaty
of Versailles in 1919. Written in 1925, Harriman offers a thorough,
organized treatment of the extent of the legal consequences in which
the Constitution of the United States may be affected by the Treaty
of Versailles and the United States' resulting membership in the
League of Nations and the Permanent Court of International Justice.
He presents his study with this statement: "The Constitution is at
the cross roads. In one direction leads the way of national
tradition and absolute independence; in the other, the way of
surrender of absolute independence of action in some degree, to a
federation of the world." (Preface, v.)
Harris,
Virgil M. Ancient,
Curious, and Famous Wills. Boston: Little, Brown, and Company,
1911. xiv, 472 pp. Reprinted 1999 by The Lawbook Exchange, Ltd.
LCCN 99-20588. ISBN 1-886363-93-5. Cloth. $80.
* This
collection of wills will be enjoyed by the layman, the lawyer and
the scholar as a reflection of the individual cited and of their
times. All sorts of wills from the sublime to the absurd are
included, such as the will of a pig, clauses in wills concerning
slaves, the wills that established the Nobel Prize and the Rhodes
scholarship, and many more. This fascinating volume contains the
text of wills that are "ancient": Confucius' will, Solon's
introduction of wills to the ancient Greeks; wills that are
"curious": a will that attempts to bequeath property to the devil,
bequests to pets; and wills of the "famous": well-known authors
(Rabelais, Dickens, etc.), European royalty (Napoleon, Mary Queen of
Scots, etc.) and U.S. presidents (George Washington, Thomas
Jefferson, etc.). Well-indexed by subject and name.
Hastie,
Reid and Steven D. Penrod, Nancy Pennington.
Inside the Jury. Cambridge: Harvard University Press, 1983.
viii, 277 pp. Reprinted 2002 by The Lawbook Exchange, Ltd. LCCN
2002025963. ISBN 1-58477-269-7. Cloth. $95.
* "A
landmark jury study." Contemporary Sociology. An important
statistical study of the dynamics of jury selection and deliberation
that offers a realistic jury simulation model, a statistical
analysis of the personal characteristics of jurors, and a general
assessment of jury performance based on research findings conducted
by reputed scholars in the behavioral sciences. "The book will stand
as the third great product of social research into jury operations,
ranking with Kalven and Zeisel's The American Jury and Van
Dyke's Jury Selection Procedures." American Bar
Association Journal.
Haynes,
Evan. The Selection
and Tenure of Judges. [Newark]: The National Conference of
Judicial Councils, 1944. xix, 308 pp. Reprinted 2005 by the Lawbook
Exchange, Ltd. ISBN 1-58477-483-5. Cloth. $85.
* With an introduction by Roscoe Pound. Haynes offers a comprehensive overview of the factors that determine judicial selection in the United States. It is also a useful history of the subject from the colonial era to 1943. Written with input from Pound, Haynes offers a sociological analysis enriched with an impressive body of statistical data. He examines such factors as class and region affiliation, and whether elected judges are more liberal than their tenured colleagues. He also compares American practices to those in Great Britain, Canada, France, Italy, Germany, Scandinavia and Latin America. Warmly received when it was first published, it is recommended by Willard Hurst in The Growth of American Law: The Lawmakers (see p. 454).
Hazlitt,
William, and Henry Philip Roche.
A Manual of the Law of Maritime Warfare, Embodying the Decisions
of Lord Stowell and Other English Judges, and of the American
Courts, and the Opinions of the Most Eminent Jurists: With an
Appendix of the Official Documents and Correspondence in Relation
to the Present War. London: V. & R. Stevens and G.S. Norton,
1854. xvi, 457 pp. Reprint available August 2006 by The Lawbook
Exchange, Ltd. ISBN 1-58477-660-9. Cloth. $110.
* A title in the Lawbook Exchange series Foundations of the Laws of War. Written to fulfill a need created by the Crimean War, this book summarizes the principal topics relating to maritime warfare. Beyond its utility as a guide to this area as interpreted by the leading naval power of the nineteenth century, it is historically significant because it is the first English treatise to draw on American court decisions and the writings of James Kent and Henry Wheaton.
[Heale,
William] [W.H.].
An Apologie for Women. Or an Opposition to Mr. Dr.G[ager]
His Assertion, Who Held in the Act at Oxforde, Anno. 1608,
That it was Lawfull for Husbands to Beate their Wives. Oxford:
Printed by Joseph Barnes, 1609. [iv], 66 pp. Reprinted 2003 by
The Lawbook Exchange, Ltd. LCCN 2002040735. ISBN 1-58477-287-5.
Cloth. $95.
* William
Gager [fl. 1580-1619], a controversial Latin dramatist, gave a
public talk at Christ Church, Oxford in which he denounced women's
"capacitie for learning, themselves adjudged worthie of blows." P.
3. Disturbed by this assertion, William Heale [1581?-1627], a
chaplain-fellow at Exeter College, published this stirring response.
His case is substantiated by his solid examination of civil and
canon law in reference to this subject. The Dictionary of
National Biography VII: 797 (Gager) and IX:331 (Heale). A
Short-Title Catalogue of Books Printed in
England,
Scotland, & Ireland, 1475-1640
13014.
Hearn,
William Edward.
The Aryan Household Its Structure and its Development. An Introduction
to Comparative Jurisprudence. London and New York: Longmans,
Green, and Co., 1891. viii, 494 pp. Reprinted 2002 by The Lawbook
Exchange, Ltd. ISBN 1-58477-124-0. Cloth. $100.
*
Originally published in Melbourne in 1878, this is a reprint of the
first Anglo-American edition. "Recommended by Pound for `the legal
institutions of Indo-European peoples.' Pound. Outlines [of
Lectures on Jurisprudence]: 229." Marke, A Catalogue of the
Law Collection at
New York
University
(1953) 108. Chapter titles include Law and Custom, The Law
and Custom of Property, The Rise of Civil Jurisdiction.
Henderson,
Gerard C. The
Federal Trade Commission: A Study in Administrative Law and Procedure.
New Haven: Yale University Press, 1924. xiii, 382 pp. Reprinted
2003 by The Lawbook Exchange, Ltd. LCCN 2002041367. ISBN 1-58477-315-4.
Cloth. $80.
* The
Federal Trade Commission was established in 1915 to enforce
antitrust and consumer protection legislation. Written during its
first decade of existence, this book offers a first-hand early
history and analysis of the commission. "This is a remarkably able
book. It gives a vivid and informing account of the Federal Trade
Commission's performance in a new and important field of
administrative law." George Rublee, Harvard Law Review 38:269-271
cited in Marke, A Catalogue of the Law Collection at New York
University (1953) 343.
Henderson,
Gerard Carl. The
Position of Foreign Corporations in American Constitutional Law.
A Contribution to the History and Theory of Juristic Persons in
Anglo-American Law. Cambridge: Harvard University Press, 1918.
xix, 199 pp. Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN
99-18233. ISBN 1-886363-89-7. Cloth. $50.
* Traces
the history of the gradual evolution of the history of foreign
corporations from the denial of their international status in
colonial times through to civil recognition and equality that
occurred after the industrial revolution.
Henriques, H.S.Q.
Jewish Marriages and the English Law. London: The Bibliophile
Press, 1909. [iv], 59 pp. Reprint available April 2006 by The Lawbook
Exchange, Ltd. ISBN 1-58477-642-0. Cloth. $60.
* Reprint of the sole edition. With
side-notes. An authority on the legal status of English Jews, Henriques
[1866-1925] was the author of The Jews Return to England
(1905), The Jews and the English Law (1908) and several historical
and critical essays. An expanded version of an essay from the Jewish
Quarterly Review, the present work was intended to be
a supplement to his 1908 study. A compact treatise that analyzes
the law and its historical development, it offers an interesting
perspective on English marriage law.
Henriques, H.S.Q.
The Jews and the English Law. Oxford: Printed by Horace
Hart, At the University Press, 1908. xxvii, 324 pp. Reprint
available May 2006 by The Lawbook Exchange, Ltd. ISBN 1-58477-645-5.Cloth.
$75.
* Reprint of the sole edition. With a table of statutes and a table of cases. An authority on the legal status of English Jews, Henriques [1866-1925] was a barrister, Vinerian Scholar at Oxford and the author of The Jews Return to England (1905), Jewish Marriages and the English Law (1909) and several historical and critical essays. The present work is a legal history of English Jews from the Saxon period to the early 1900s. Informative and well-written, it is both an excellent introduction and a handy reference.
Henriques,
H.S.Q. The
Return of the Jews to England: Being a Chapter in the History
of English Law. London: MacMillan and Company, Limited, 1905.
viii, 132 pp. Reprinted 2005 by The Lawbook Exchange, Ltd. ISBN
1-58477-667-6. Cloth. $70.
* It appears that Jews lived in the Atlantic Isles since the Saxon period. They were joined in 1071 by a community of French Jews. Though they suffered discrimination, the English Jews enjoyed a measure of toleration and enjoyed royal protection. Their situation changed drastically during the reign of Edward I. After a period of intense persecution they were banished in 1290. They were not allowed to return until the time of the Commonwealth and Restoration, when they were gradually readmitted. Henriques discusses the statutes and cases relating to this period and reconstructs this complex chapter in English history.
Hepburn,
Charles M. The
Historical Development of Code Pleading in America and England
with Special Reference to the Codes of New York, Missouri, California,
Kentucky, Iowa, Minnesota, Indiana, Ohio, Oregon, Washington,
Nebraska, Wisconsin, Kansas, Nevada, North Dakota, South Dakota,
Idaho, Montana, Arizona, North Carolina, South Carolina, Arkansas,
Wyoming, Utah, Colorado, Connecticut, and Oklahoma. Cincinnati:
W.H. Anderson & Co., 1897. xvi, 318 pp. Reprinted 2002 by
The Lawbook Exchange, Ltd. LCCN 2001050458. ISBN 1-58477-220-4.
Cloth. $95.
* Traces
the essentials of our American code of civil procedure through the
development of code pleading as influenced by common law. The
evolution of the codes of civil procedure for the named states will
be of interest to the student of the codes of those states.
Herty,
Thomas, Editor.
A Digest of the Laws of the United
States of America. Being a Complete System, (Alphabetically Arranged)
of All the Public Acts of Congress Now in Force--From the Commencement
of the Federal Government, to the End of the Third Session of
the Fifth Congress, Which Terminated in March 1799, Inclusive.
[And]
A Digest
of the Laws of the United States of America...to the End of the
First Session of the Seventh Congress, Which Terminated in May,
1802, Inclusive.
Baltimore:
Printed for the Editor, 1800-1802. Two volumes. iv, 9-562, 1; iv,
230 pp. Reprinted 2004 by The Lawbook Exchange, Ltd. ISBN
1-58477-456-8. Cloth. $195.
*
Although Zepheniah Swift's index to the 1796 Folwell edition of
The Laws of the United States is sometimes cited, Herty's was
the first true digest of Federal laws. According to an
advertisement, he produced it to suit "the circumstances and ease of
the citizens of every denomination of those States, having for its
end, conciseness in substance, simplicity in arrangement, and
cheapness in the purchase thereof." Following the model of his
earlier Digest of the Laws of Maryland (1799), Herty arranged
the main texts of all public laws alphabetically under general heads
with references to other heads as they may have enlarged, abridged,
or otherwise altered each other. All entries contain references to
The Laws of the United States. Texts of the Constitution and
the Articles of Confederation are also included, as well as the
texts of important treaties and a table of duties. Both volumes have
extensive indexes. A useful compendium, this set is also a useful
supplement to early Federal session laws.
Classic History of Yale Law
School
Hicks,
Frederick C. History
of the Yale
Law School to 1915.
With a new introduction by Morris L. Cohen and a new index. New
Haven: Yale University Press, 1935-1938. 301 pp. Illustrated.
Reprinted 2001 by The Lawbook Exchange, Ltd. LCCN 2001016436.
ISBN 1-58477-175-5. Cloth. $75.
* The
only history of the early years of Yale Law School, a chronological
examination from its founding to 1915, with information and colorful
anecdotes not found elsewhere. This edition combines the four
volumes (The Founders and the Founders' Collection; From the
Founders to Dutton 1845-1869; 1869-1894 Including The County Court
House Period; and 1895-1915 Twenty Years of Hendrie Hall)
into one. It is prefaced by a new introduction by Morris L. Cohen
who was head of the law libraries at Harvard and Yale and is the
author of many well-known works including the essential
Bibliography of Early American Law.
Hicks,
Frederick.
Men and Books Famous in the Law. With an introduction by Harlan
F. Stone. Rochester, New York: Lawyers Co-operative Publishing,
1921. 259 pp. Reprinted 1992 by The Lawbook Exchange, Ltd. LCCN
92-070809. ISBN 0-9630106-2-X. Cloth. $50.
* A
classic account of law books and their authors. Within the pages of
this volume will be found the stories of great legal writers, and
more-- especially the story of their legal writings, the inception,
production, and vicissitudes of works which have become classics of
legal literature. Covers the lives and publications of Littleton,
Coke, Blackstone, Cowell, Kent, Wheaton and Livingston.
Hildreth,
Richard, Editor. [Campbell, Lord John].
Atrocious Judges: Lives of Judges Infamous as Tools of Tyrants
and Instruments of Oppression. Compiled from the Judicial Biographies
of John Lord Campbell. With an Appendix, Containing the Case of
Passmore Williamson. Edited, with an Introduction. New York
and Auburn: Miller, Orton & Mulligan, 1856. 432 pp. Reprinted
2006 by The Lawbook Exchange, Ltd. ISBN-13: 978-1-58477-540-9.
ISBN-10: 1-58477-540-8. Cloth. $95.
* Compiled in the midst of the American debates over the extension of slavery into the western territories, Hildreth's decidedly anti-expansionist views were beset by a fundamental historical dilemma. On the one hand "it was... by judicial, far more than by legislative institutions, that among those progenitors of ours private rights and public liberty were guarantied" (11). On the other, judges in England, and by inference those in the United States, were perfectly capable of restricting the expansion of liberty in service to "petty tyrants" be they Stuarts or American slaveholders. Drawing from Campbell's Lives of the Chief Justices and Lives of the Lord Chancellors, Hildreth highlights judges who served the interests of oppression, such as Roger Le Brabancon and Robert Wright. The appendix contains the case of Passmore Williamson, a famed Philadelphia abolitionist and member of the Underground Railroad, who was prosecuted under the 1850 Fugitive Slave Act. Hildreth [1807-1865] was the author of The Slave (1836), Despotism in America (1854) and other popular books on slavery, law and American history.
Highmore,
A[nthony]. A
Treatise on the Law of Idiocy and Lunacy. First American from
the Last London
Edition. To which is Subjoined an Appendix, Comprising a Selection
of American Cases; in which some Important Subjects of this Treatise
Have Been Investigated and New Principles Settled.
Exeter, N.H.: George Lamson, 1822. x, 194 pp. Reprinted 2003 by
The Lawbook Exchange, Ltd. ISBN 1-58477-266-2. Cloth. $70.
* First
published in London in 1807, this was one of the first studies
devoted exclusively to the subject. It deals with legal definitions
of lunacy, the disabilities of lunatics, asylums and their
regulation by statute, the nature of criminal insanity, and
precedents regarding the treatment of lunatics before the law for
various crimes. Highmore [1758-1829] was an English barrister and
legal writer. A socially progressive individual, active opponent of
the slave trade and a supporter of hospitals and other public
improvements, his commitment to humane values is evident in this
treatise.
Hilkey,
Charles J. Legal
Development in Colonial Massachusetts 1630-1686.
New York: Columbia University Press, 1910. 148 pp. Reprinted 2005
by The Lawbook Exchange. ISBN 1-58477-551-3. Cloth. $70.
* Hilkey explores a fascinating aspect of the early colony's legal system: its denial of the binding force of English law in favor of an original legal system. Although the common law played a role, the colonists used it selectively and combined it with the provisions of the colony's charter, local statutes and scripture. One of the earliest books on the history of American law, this pioneering work was originally published in the series Studies in History, Economics and Public Law edited by the Political Science Faculty of Columbia University.
Hill, Martin.
Immunities and Privileges of International Officials: The Experience
of the League
of Nations. Washington:
Carnegie Endowment for International Peace, 1947. xiv, 281 pp. Reprinted
2003 by The Lawbook Exchange, Ltd. ISBN-10: 1-58477-317-0. Cloth.
$85.
* This
book will be of interest to historians and researchers as well as
attorneys who require a background in precedents of international
public administration. It presents a thorough study of immunities
and privileges enjoyed by international officials, with specific
emphasis on the experience of the League of Nations, whose officials
benefited from very broad immunities and privileges under the league's
charter. The final chapter examines modifications in arrangements
and concepts that have taken place since 1920.
Hilliard, Francis.
A Treatise on the Law of Bankruptcy and Insolvency. Second
Edition, Embracing the Bankrupt Act of 1867. Philadelphia:
J. B. Lippincott & Co., 1867. xxxvi, 512 pp. Reprinted 2003
by The Lawbook Exchange, Ltd. LCCN 2002042755. ISBN 1-58477-349-9.
Cloth. $95.
* Reprint of second edition, embracing the Bankruptcy Act of 1867, which was enacted as part of Congress' Reconstruction program initiated after the Civil War. A thorough guide to the principles of mid-nineteenth century Anglo-American bankruptcy law based on a study of American and English cases. Topics include the nature of bankruptcy, petitioning creditors, proof of claims, discharge of debts and the jurisdiction of bankruptcy courts. The appendix includes the texts of U.S. bankruptcy laws and acts passed between 1800 and 1867 and the 1858 Massachusetts Insolvent Law.
Hilliard,
Francis. The
Elements of Law; Being a Comprehensive Summary of American Civil
Jurisprudence. For the Use of Students, Men of Business, and General
Readers. Boston: Hilliard, Gray, and Company, 1835. xv, 345,
v pp. Reprinted 2002 by The Lawbook Exchange, Ltd. LCCN 2001041395.
ISBN 1-58477-188-7. Cloth. $75.
*
Hilliard [1806-1878] was a New England lawyer and prolific legal
writer whose works set the standard for later law texts. "At the
time that he wrote, judges and lawyers lacked legal treatises which
cited American decisions and showed how far the English common law
had been followed by American courts or modified to suit new
conditions. Textbooks presenting cases from all states were needed
in order to encourage the development of national judge-made law
rather than particularistic local doctrines. Hilliard was one of the
first and most voluminous of the authors who met these needs."
DAB V:53.
His vast legal knowledge is
aptly employed in this important early textbook which provides a
summary of the basic principles of American law. His success with
this first work, which went into a second edition, led Hilliard to
go on to write numerous other well-regarded treatises, many of which
went into numerous editions, including The Law of Torts
(1859), the first English treatise on the subject. Dictionary of
American Biography V: 53-54. Catalogue of the Library of the
Law School of
Harvard University
(1909) I: 925. Cohen, Bibliography of Early American Law
5393.
The First English-Language Treatise on the Subject
Hilliard,
Francis. The
Law of Torts, or Private Wrongs. Boston: Little, Brown, and
Company, 1859. Two volumes. xxxviii, 540; xxxvii, 719 pp. Reprinted
2006 by The Lawbook Exchange, Ltd. ISBN-13: 978-1-58477-541-6.
ISBN-10: 1-58477-541-6. Cloth. $195.
* Reprint of the first edition. This was the first English-language treatise on the subject. As the Dictionary of American Biography points out, it marked the "beginning of a revolution in legal thought" because it was the first to approach torts as a distinct legal category. Before Hilliard, "practical text-writers...regarded such wrongs as too divergent in nature for unified treatment and merely discussed some distinct wrong" (V:53-54). Hilliard [1806-1878], a Harvard-educated attorney who lived in Boston, was a prolific and distinguished author of treatises on jurisprudence, real property, contracts, business law and other subjects.
Hoffman,
Frederick L. Race
Traits and Tendencies of the American Negro. New York: Published
for the American Economic Association by the Macmillan Company,
1896. (Publications of the American Economic Association. Vol.
XI. Nos. 1, 2 and 3. Pages 1-329. August, 1896.) x, 329 pp. With
a new introduction by Paul Finkelman. Reprinted 2004 by The Lawbook
Exchange, Ltd. ISBN 1-58477-318-9. Cloth. $85.
* A
fascinating study of the circumstances of African-Americans during
the first thirty years from the emancipation of slavery in the
United States. This analysis is divided into chapters that examine
population factors, vital statistics, anthropometry, race
amalgamation and social and economic conditions and tendencies. The
author concludes that, as of 1896, the abolition of slavery did not
demonstrably improve the plight of African-Americans in the United
States. Hoffman was the statistician to the Prudential Insurance
Company of America at the time of this publication, and as such
collected vital and social statistics regarding African-Americans.
As legal historian Paul Finkelman notes: "By employing the beguiling
methodology of statistical analysis and other tools of the emerging
social sciences, the work justified, among other things, massive
racial discrimination in the insurance industry" Introduction, i.
Hohfeld,
Wesley. Fundamental
Legal Conceptions as Applied in Judicial Reasoning. Edited
by Walter Wheeler Cook, with a New Foreword by Arthur L. Corbin.
New Haven: Yale University Press, 1964. xv, 114 pp. Reprinted
2000 by The Lawbook Exchange, Ltd. LCCN 00-064108. ISBN 1-58477-162-3.
Cloth. $55.
* This
edition is distinguished by the foreword by Arthur L. Corbin, author
of the renowned Corbin on Contracts. Since his death
Hohfeld's essays on the concepts of right and duty have been
increasingly recognized for their significance as a foundation of
thought on analytical jurisprudence. Posthumously collected and
published by Yale University Press in 1964, the essays were
originally published as two articles in the Yale Law Journal in 1913
and 1917 and are "...now a standard part of legal thinking." Walker,
Oxford
Companion to Law
575.
Holdsworth,
Sir William. An
Historical Introduction to the Land Law. London: Oxford University
Press, 1927. xxiv, 339 pp. Reprinted 2004 by The Lawbook Exchange,
Ltd. LCCN 2002025949. ISBN 1-58477-262-X. Cloth. $95.
* Sir
William Holdsworth [1871-1944] was one of the most distinguished
historians of English common law. Written to provide students of
Real Property with a concise history of the field, Holdsworth
believed this knowledge necessary as contemporary land law was
difficult to understand without an understanding of its roots.
Fifoot commends this book in his English Law and its Background
for its history of the rules against perpetuities (121). The Law
Quarterly Review noted that "every beginner will certainly have to
read [this] book before he reads anything else" (44:105). Both
sources cited in Marke, A Catalogue of the Law Collection at New
York University (1953) 773.
Holdsworth,
William S. Charles
Dickens as a Legal Historian. New Haven: Yale University Press,
1929. 157 pp. Reprinted 1995 by The Lawbook Exchange, Ltd. LCCN
96-46579. ISBN 1-886363-06-4. Cloth. $40.
* "The
distinguished English historian, Professor Holdsworth, has contrived
even during his moments of recreation to render us his debtors. No
two books outside the bounds of technical law are more worth reading
for law students than Pickwick Papers and Bleak House. Even a
trained trial lawyer however, is puzzled by some of the legal points
brought up by Dickens, because they have fortunately passed forever
out of the realm of living law. Professor Holdsworth has performed a
valuable service to lawyers and laymen alike in explaining these
obscurities. And he has done much more than this. He has increased
our admiration for the genius of Dickens by proving his great merit
as a legal historian.": Zechariah Chafee, Jr. Harvard Law Review
42:286-8.
Holdsworth,
William S. Essays
in Law and History.
Edited by A.L. Goodhart and H.G. Hanbury. Oxford: At the Clarendon
Press, 1946. xv, 302 pp. Reprinted 1995 by The Lawbook Exchange,
Ltd. LCCN 99-047234. ISBN 1-886363-13-7. Cloth. $75.
* This
volume collects seventeen essays the great legal scholar wrote over
the course of his very prolific career. Topics chosen include
martial law, the English constitution, case law, equity, trusts,
libel, law reporting in the nineteenth- and twentieth-centuries,
contract and land law, among others. "The constitutional historian,
the international lawyer, the real property expert, the common law
practitioner, the civilian and even the general reader will each
find something to his address. It is a book to browse and enjoy at
leisure.": Law Quarterly Review 64:120-2. The book concludes
with a table of cases and name and general indexes.
Holdsworth,
W.S. The Historians
of Anglo-American Law.
New York: Columbia University Press, 1928. 175 pp. Reprinted 1994
by The Lawbook Exchange, Ltd. ISBN-13: 978-0-9630106-9-8. ISBN-10:
0-9630106-9-7. Cloth. $50.
* In
chronological order, beginning with Coke and Selden, Holdsworth
surveys the work of the great practitioners of Anglo-American legal
history. No one interested in the growth of Anglo-American law can
fail to read with pleasure and profit this stimulating treatment of
the development of legal history.
Holdsworth,
William S., and C.W. Vickers.
The Law of Succession, Testamentary and Intestate. Oxford:
B.H. Blackwell, 1899. xiv, 311 pp. Reprinted 2004 by the Lawbook
Exchange, Ltd. ISBN-13: 978-1-58477-471-6. ISBN-10: 1-58477-471-1.
Cloth. $125.
* Intended as an introductory treatise for law students, this treatise serves as an excellent introduction and a useful reference. And as one would expect from a book co-written by Holdsworth [1871-1944], it goes beyond the law of his day to analyze its historical development. In addition to a valuable introductory chapter on the history of succession, the authors enrich their discussion in the main text with observations on the ways its principles developed over time in response to particular conditions. Their functionalist view, which owes much to Maitland's example, enabled them to create a sophisticated text that avoids the pitfalls of contemporary formalistic and "scientific" treatises.
Holland,
Sir Thomas Erskine.
The Elements of Jurisprudence. First American from the
Seventh English Edition. St. Paul: West Publishing Co., 1896.
xxix, 384 pp. Reprint available May 2006 by the Lawbook Exchange,
Ltd. ISBN 1-58477-632-3. Cloth. $80.
* As Walker has pointed out, "[this book] was long a standard work and contributed to the continued vitality of the Austinian Analytical Jurisprudence in England though he substituted enforcement by a determinate authority for Austin's command of the sovereign as the criterion of a law." Holland [1835-1926] taught philosophy at Oxford before he was called to the Bar in 1863. After several years in practice he was appointed Vinerian Reader in English Law and Chichele Professor of International Law and Diplomacy in 1874. An industrious scholar, he published several important treatises and was a founder of the Law Quarterly Review. Walker, Oxford Companion to Law 576.
Holland,
Thomas Erskine.
The Laws of War on Land (Written and Unwritten). Oxford:
Clarendon Press, 1908. viii, 150 pp. Reprint available August
2006 by The Lawbook Exchange, Ltd. ISBN 1-58477-659-5. Cloth.
$70.
* A title in the Lawbook Exchange series Foundations of the Laws of War. Holland [1835-1926] analyzed the proceedings of the international conventions held at St. Petersburg in 1868, Geneva in 1906 and the Hague in 1899 and 1907 and found they provided enough common material to create a code of land warfare. He synthesized the texts of these conventions into a code containing 140 numbered articles divided into five sections. Each article is annotated with references to the conventions. When a clear ruling does not exist Holland offers his own based on precedents derived from internationally recognized authorities such as Bynkershoek and Lieber. Compact, clearly written and well organized, this work was a standard authority during the First World War. Still cited today, it is also a primary source for the study of the law of land warfare from 1868 to the mid-twentieth century.
Holmes,
Oliver Wendell.
Collected Legal Papers. New York: Harcourt, Brace &
Howe, 1920. [2], 316 pp. Reprinted 2006 by The Lawbook Exchange,
Ltd. ISBN-13: 978-1-58477-611-6. ISBN-10: 1-58477-611-0. Cloth.
$85.
* A valuable compilation, this volume contains Holmes' most famous speeches and papers from 1885 to 1918. Its publication in 1920 was an important event in the legal community, and it was reviewed with great enthusiasm in the major journals and law reviews. Roscoe Pound offered the finest assessment in "Judge Holmes's Contributions to the Science of Law," an essay-review from 1921 that analyzed the place of these writings in the development of American law from the 1880s to the 1920: "Rereading them consecutively in their new form and remembering the dates of their original publication, one can but see that their author has done more than lead American juristic thought of the present generation. Above all others he has shaped the methods and ideas that are characteristic of the present as distinguished from the immediate past.": Harvard Law Review 34 (1920-1921):449.
Holmes,
Oliver Wendell, Jr.
The Common Law. Boston: Little, Brown, and Company, 1881.
xvi, 422 pp. Reprinted 2005 by The Lawbook Exchange, Ltd. ISBN
1-58477-499-1. Cloth. $85.
* This landmark work, which, according to Winfield, "blew fresh air into lawyer's minds encrusted with Blackstone and Kent," was a decisive influence on sociological jurisprudence, legal realism and the general development of American law in the twentieth century. Winfield, Chief Sources of Anglo-American Law 38. Rejecting the reigning positivist ethos of the nineteenth century, Holmes [1841-1935] proposed that the law was not a science founded on abstract universal principles but a body of practices that responded to particular situations. This functionalist interpretation led to his radical conclusion that law was not discovered, but invented. This theme is announced in the famous quote at the beginning of Lecture I: "The life of the law has not been logic: it has been experience" (1).
Holt,
Francis Ludlow. [Bleecker, Anthony, Editor].
The Law of Libel: In Which is Contained a General History of
This Law in the Ancient Codes, and of Its Introduction, and Successive
Alterations, In the Law of England. Comprehending a Digest of
All the Leading Cases Upon Libels, From the Earliest to the Present
Time. First American, From the Second London Edition, With
References to American Cases. New York: Published by Stephen Gould,
1818 xii, [13]-328 pp. Reprinted 2005 by The Lawbook Exchange,
Ltd. ISBN 1-58477-513-0. Cloth. $95.
* Reprint of the first American edition. First published in 1812, this was the standard English treatise on slander and libel in the opening decades of the nineteenth century. Though it was eventually superseded, it remained an authoritative history of the subject. With its intelligent discussion of sources and cases it is just as valuable today. Holt [1780-1844] was a member of the Inner Temple. Also the author of treatises on nisi prius, bankruptcy, admiralty law and Parliament, his work was held in high esteem by Kent.
Holt,
W. Stull. Treaties
Defeated by the Senate. A Study of the Struggle Between the President
and Senate Over the Conduct of Foreign Relations. Baltimore:
The Johns Hopkins Press, 1933. vi, [1],328 pp. Reprinted 2000
by The Lawbook Exchange, Ltd. LCCN 99-39606. ISBN 1-58477-029-5.
Cloth. $75.
*
Beginning with an examination of the Constitutional origin of the
conflict between the President and the Senate regarding foreign
relations, Holt goes on to discuss the legal and political aspects
of U.S. treaty-making from 1789 through the Versailles Treaty in
1919.
Holthouse,
Henry James. A
New Law Dictionary, Containing Explanations of Such Technical
Terms and Phrases As Defined in the Works of Legal Authors, in
the Practice of the Courts, and in the Parliamentary Proceedings
of the Houses of Lords and Commons, To Which Is Added An Outline
of An Action at Law and of A Suit in Equity. Edited, from the
Second and Enlarged London
Edition, With Numerous Additions, by Henry Penington.
Philadelphia: Lea and Blanchard,
1847. viii, [17]-495 pp. Reprinted 1999 by The Lawbook Exchange,
Ltd. LCCN 98-49350. ISBN 1-886363-67-6. Cloth. $75.
* Reprint
of the first American edition, edited from the second enlarged
London edition. This work approaches the law as a science.
Noteworthy because the definitions are followed by an illustration
of the term, and because this edition includes American legal terms
not found in the London edition. The Appendix contains an outline of
an action at law and of a suit in equity, intended to explain and
show the relationship which exists between the words. "... one of
the best concise Law Dictionaries in use." Marvin, Legal
Bibliography (1847) 394. Cohen, Bibliography of Early
American Law 5444.
Holyoake,
George Jacob. The
History of the Last Trial by Jury for Atheism in England: A Fragment
of Autobiography, Submitted for the Perusal of Her Majesty's Attorney-General
and the British Clergy. London: James Watson, 1851. vi, 100
pp. Reprint available January 2006 by the Lawbook Exchange, Ltd.
ISBN 1-58477-553-X. Cloth. $65.
* Holyoake [1817-1906], a notable free-thinking socialist lecturer and self-described "agitator," was the last person in England indicted for blasphemy based on remarks during a debate after one of his speaking engagements. Though convicted, he emerged the moral victor. As his account of the trial indicates, he defending his position eloquently. And his stirring critique of the blasphemy laws did much to undermine their validity in the popular mind.
Horton,
John Theodore.
James Kent: A Study in Conservatism, 1763-1847. New York:
D. Appleton-Century Co., [1939]. xi, 354 pp. Reprinted 2000 by
The Lawbook Exchange, Ltd. LCCN 99-056927. ISBN 1-58477-069-4.
Cloth. $80.
* "An
interesting and well documented biography." Marke, A Catalogue of
the Law Collection of
New York
University
(1953) 1103. Well-annotated, with a thorough bibliography and index.
Howard-Ellis,
C. The Origin,
Structure & Working of the League
of Nations. Boston:
Houghton Mifflin Company, 1929. 528 pp. Reprinted 2003 by The
Lawbook Exchange, Ltd. ISBN-10: 1-58477-320-0. Cloth. $95.
* Surveys
the League's components and the role of its chief associated bodies,
the International Court of Justice and the International Labor
Organization. Other sections consider its approach to open and
secret diplomacy, the ratification of conventions and the function
of related technical organizations. The author, though enthusiastic
about the League, appreciates the weaknesses in its charter and
organization. He argues that these flaws are not inherent but are a
consequence of the League's reliance on prior international law,
which is plagued by weakness and ambiguity.
Hudson,
Manley O. International
Tribunals: Past and Future. Washington: Carnegie Endowment
for International Peace and Brookings Institution, 1944. xii,
285 pp. Reprinted 2003 by The Lawbook Exchange, Ltd. ISBN 1-58477-321-9.
Cloth. $75.
* An
authoritative survey of significant international courts and
tribunals over the last 150 years, beginning with a brief history
from the American-British Treaty of 1794 to the time of publication.
The work goes on to offer a constructive analysis of the place of
tribunals in problems of world affairs, with an emphasis on their
organization, operation, function as well as a critical examination
of the merits and defects. Hudson concludes with his recommendations
for the future as to the continuance of the Permanent Court of
International Justice and the Permanent Court of Arbitration.
Huebner,
Rudolf. A History
of Germanic Private Law. Translated by Francis S. Philbrick;
with an editorial preface by Ernest G. Lorenzen and introductions
by Paul Vinogradoff and by William E. Walz. Boston: Little, Brown
and Company, 1818. lix, 788 pp. Reprinted 2000 by The Lawbook
Exchange, Ltd. LCCN 99-055138. ISBN 1-58477-065-1. Cloth. $120.
* Reprint
of volume 4, Continental Legal History Series. Important, massive
scholarly survey traces the development of the private law of
Germanic countries from their origin to the year of publication.
Divided into five books: The Law of Persons, The Law of Things, The
Law of Obligations, Family Law, The Law of Inheritance. Marke, A
Catalogue of the Law Collection of
New York
University
(1953) 234.
Hurd,
John Codman.
The Law of Freedom and Bondage in the United States. Boston:
Little, Brown, 1858. Two volumes. With a new introduction by Paul
Finkelman. Reprint available July 2006 by The Lawbook Exchange,
Ltd. ISBN 1-58477-524-6. Cloth. $350.
* According to the Dictionary of American Biography, this treatise "on the most exciting topic of the age has never been excelled" due to its "thorough research, exhaustive discussion and impartial treatment" (VI:423). It begins with an early history of bondage and its construction in natural and positive law, then traces the effect of international law on freedom and bondage. Turning to the United States, he outlines the evolution of slavery under English law and the United States Constitution. One of the book's most striking features is its neutral tone. Though written on the eve of the American Civil War, it remains loyal to the tenets of legal positivism and avoids any overt ethical or political judgments. Hurd [1816-1892], a scholar of independent means, studied for a year at Yale Law School and spent two years in a law office before he was admitted to the New York bar. An expert of civil liberties, he is the author of A Treatise on the Right of Personal Liberty (1858), which is available as a Lawbook Exchange reprint.
Hurd,
Rollin C. A
Treatise on the Right of Personal Liberty,
and of the Writ of Habeas Corpus and the Practice Connected with
It: With a View of the Law of Extradition of Fugitives.
Albany: W.C. Little & Co., 1858. xxvii, 677 pp. Reprinted
2003 by The Lawbook Exchange, Ltd. LCCN 2002044397. ISBN 1-58477-322-7.
Cloth $100.
* Reprint
of the first edition. Published a year before John Brown's raid and
three years before the outbreak of the Civil War, this was the first
book-length work to treat the status of slaves at length. As such,
it is a landmark work in the bibliography of American civil
liberties. Hurd [1815-1874] reviews the statutes concerning fugitive
slaves and their extradition, analyzes the Fugitive Slave Act of
1850 and discusses the application of habeas corpus to slave issues.
The list of cases cited by Hurd includes such landmarks as Jack
v. Martin and Prigg v. Pennsylvania. See Finkelman,
Slavery in the Courtroom 296.
Hurst,
James Willard.
The Growth of American Law: The Law Makers. Boston: Little,
Brown and Company, 1950. xiii, 502 pp. Reprinted 2001 by The Lawbook
Exchange, Ltd. ISBN 1-58477-194-1. Cloth. $90.
* The
first contemporary history of the development of American law. A
survey of the nature and success of the institution of American law
and its agencies and legislative bodies from roughly 1740-1940.
Considered "...a pioneering attempt to evaluate in broad terms the
contributions to the development of American law made by its five
chief formative agencies, the legislatures, the courts, the
constitution-making process, the bar and the executive." William F.
Fracher, Mo. L. Rev. 15:332-333. By the major legal historian whose
writings led "... scholars from other disciplines... to look at law
with a fresh and sometimes illuminating eye." Friedman, A History
of American Law 595. An important work that has been highly
regarded for its social perspective, Henry Steele Commager called it
"...a pioneer work in this badly neglected field ...combine(s)
scholarship, insight, and narrative and analytical skill in a
striking manner." Marke, A Catalogue of the Law Collection at
New
York University
(1953) 140.
Hurst,
James Willard.
Law and Markets in United
States History: Different Modes of Bargaining among Interests.
[Madison]: The University of Wisconsin Press, [1982]. vii, 207
pp. Reprinted 2001 by The Lawbook Exchange, Ltd. LCCN 00-067116.
ISBN 1-58477-136-4. Cloth. $80.
* The
eminent legal scholar's sociological analysis of the relation
between law and private business (using the lumber business as an
example) in relation to society at large. He argues that law and
business support the same goals of efficiency and humanity, and
examines their interrelationship toward that end in terms of ethical
issues related to public policy, money supply, the impact of
incremental change, inflation and deflation, monopoly and
competition, and other economic factors. Based on Hurst's lectures
at The University of Wisconsin in April, 1981.
Hurst,
James Willard.
Law and Social Order in the United
States. Ithaca:
Cornell University Press, 1977. 318 pp. Reprinted 2000 by The
Lawbook Exchange, Ltd. ISBN 1-58477-113-5. Cloth. $85.
* The
social history of law in the United States is defined and explored
in this groundbreaking work. Beginning with a general discussion of
legal history as a field of study, Hurst goes on to outline the
development of the major types of legal authorities, describe
public-policy reactions to the physical challenges of society and
its implications in science and technology, and sketch law's
adaptation to business. Written by a foremost mind in the field of
legal history and author of The Growth of American Law.
Hurst,
James Willard.
The Legitimacy of the Business Corporation in the Law of the
United States,
1780-1970. Charlottesville:
The University Press of Virginia, 1970. xiii, 191 pp. Reprinted
2004 by The Lawbook Exchange, Ltd. ISBN-13: 978-1-58477-470-9.
ISBN-10: 1-58477-470-3. Cloth. $95.
* This
study, which is based on a series of lectures delivered at the
University of Virginia Law School, explores the development of
corporate law from the 1780s, a time when the special charter was
the only form of incorporation, to the 1960s, a time when
corporations were established exclusively through general
incorporation statutes. More than a chronicle, Hurst emphasizes how
legal institutions actively shaped the central traits of American
capitalism. Hurst [1910-1997] revitalized the field of American
legal history with The Growth of American Law (1950,
available as a Lawbook Exchange reprint) and helped establish the
study of law and American society in Law and Social Process in
United States History (1960). He had a particular interest in
the ways society and law influenced one another.
Hutchins,
Wells A., Harold H. Ellis and J. Peter DeBraal.
Water Rights Laws in the Nineteen Western States. [Washington,
D.C.]: United States Department of Agriculture. [1971]. Three
volumes. Reprinted 2004 by The Lawbook Exchange, Ltd. ISBN 1-58477-414-2.
Cloth. $350.
* Rights
to the use of water from surface and underground sources are often
crucial in the seventeen contiguous Western states, Alaska and
Hawaii. This work offers a comparative analysis of the development
and status of the constitutional provisions, statutes, reported
court decisions and administrative regulations, practices and
policies regarding water rights laws in these states. The analysis
considers the nature of these water rights and their acquisition,
control, transfer, protection and loss. Federal, interstate and
international matters are also discussed.
Hutchinson,
John. A Catalogue
of Notable Middle Templars, with Brief Biographical Notices.
[London]: The Honourable Society of the Middle Temple, 1902. xiv,
284 pp. Reprinted 2003 by The Lawbook Exchange, Ltd. LCCN 2002041361.
ISBN 1-58477-323-5. Cloth. $80.
* Brief
biographies of nearly one thousand distinguished Templars admitted
between 1501 to 1901, such as Sir William Blackstone, Joseph Chitty,
Henry Fielding, Sir William Jones, Lord Kenyon and Sir John Skene. A
handy volume for the scholar of English law.
[Hyde,
Robert]. A Treatise
of Feme Coverts: Or, the Lady's Law. Containing All the Laws and
Statutes relating to Women, and Several Heads: I. Of Dissents
of Lands to Females, Coparceners, etc. II. Of Consummation of
Marriage, Stealing of Women, Rapes, Polygamy. III. Of the Laws
of Procreation of Children, and therein of Bastards or Spurious
Issue. IV. Of the Privileges of Feme Coverts, and their Power
with Respect to their Husband, and all others. V. Of Husband and
Wife, and in what Actions they are to Join. VI. Of Estates Tail,
Jointures and Settlements, Real and Personal on Women. VII. Of
what the Wife is entitled to of the Husband's, and Things Belonging
to the Wife, the Husband Gains Possession of by Marriage. VIII.
Of Private Contracts by the Wife, Alimony, Separate Maintenance,
Divorces, Elopements, etc. To which are added, Judge Hide's very
remarkable Argument in the Exchequer-Chamber, Term. Trin. 15 Car.
2 In the Case of Manby and Scot, whether and in what Cases the
Husband is Bound by the Contract of his Wife: And Select Precedents
of Conveyances in all Cases concerning Feme Coverts. [London]:
E. and R. Nutt, and R. Gosling, 1732. [viii], 264, [16] pp. Reprinted
2002 by The Lawbook Exchange, Ltd. LCCN 2002041292. ISBN 1-58477-286-7.
Cloth. $125.
* Reprint
of the first edition of The Lady's Law which examines the
doctrines of English Common Law relating to a "feme covert" or a
woman whose legal
status was covered by a male head of their household, either a
father or husband. A "feme covert" was therefore a woman not yet
married or already married, but not widowed. (The legal status of a
widow was a different matter entirely.) Written from a perspective
sympathetic to women, it deals with precedents of conveyances not
covered in The Law of Baron and Femme, and as such can be
seen as a companion volume.
The work concludes with an
account of Robert Hyde's argument in the case of Manby v. Scott in
the Exquequer Chamber in 1663 in which he argued that a husband who
is separated from his wife is not liable to a vendor for goods the
wife purchased from the vendor. Commenting on the case in his diary,
Samuel Pepys referred to Hyde's judgment as "most amusing." Diary
of Samuel Pepys, January 28, 1663. Robert Hyde [1595-1665] was a
Chief Justice of the King's Bench from 1663-1665, having gained
appointment through the influence of his cousin, Edward Hyde, first
Earl of Clarendon. With an index. Dictionary of National
Biography X:400-401. Marvin, Legal Bibliography (1847)
443, citing 1737 2nd ed. Catalogue of the Library of the Law
School of Harvard University (1909) II:764.
Ingham,
John H. The
Law of Animals: A Treatise on Property in Animals Wild and Domestic
and the Rights and Responsibilities Arising Therefrom. Philadelphia:
T. & J.W. Johnson & Co., 1900. xiii, 800 pp. Reprinted
2003 by The Lawbook Exchange, Ltd. LCCN 2002044352. ISBN 1-58477-324-3.
Cloth. $125.
*
According to the author, this was the first treatise devoted to the
subject of animal law. It discusses the rights and liabilities of
animal owners, cruelty to animals, game laws and injuries inflicted
by railroads. Other chapters consider animals in relation to the law
of property and the law of bailments. The thorough index includes
words and phrases utilized in animal law cases. Contents include:
Property in Animals: Wild and Domestic Animals; Transfer of
Property: Sale and Mortgage, Estrays; Rights of Owners of Animals:
Injuring, Killing, Theft and Removal of Animals; Injuries to Animals
on Highways; Liabilities of Owners: Animals Trespassing and Running
at Large, Impounding, Diseased Animals, Nuisances, Racing, Vicious
and Ferocious Animals; Bailment and Carriage; Cruelty-Game Laws;
Injuries to Animals by Railway; and more.
Ilbert,
Courtenay.
The Mechanics of Law Making. New York: Columbia University
Press, 1914. viii, 209 pp. Reprinted 2001 by The Lawbook Exchange,
Ltd. LCCN 99-047156. ISBN 1-58477-044-9. Cloth. $70.
* Text of
a series of lectures delivered in October 1913 at Columbia
University on judicial presence, English legislation and statutes,
aspects of law drafting and codification. Ilbert also provides an
example of the workings of the legislative process in his discussion
of the origin and functions of the Parliamentary Counsel's office in
England. Ilbert was the clerk of the House of Commons.
Jackson, E. Hilton.
Latin for Lawyers. Containing I: A Course in Latin, with Legal
Maxims and Phrases As a Basis of Instruction. II. A Collection of
Over One Thousand Latin Maxims, with English Translations, Explanatory
Notes, and Cross-References. III. A Vocabulary of Latin Words.
London: Sweet & Maxwell, 1915. viii, 300 pp. Reprinted 1992
by The Lawbook Exchange, Ltd. LCCN 92-074408. ISBN-13: 978-0-9630106-4-3.
ISBN-10: 0-9630106-4-6. Cloth. $60.
* The
perfect book for that considerable number of law students and
lawyers with little or no knowledge of Latin. For those already
proficient in Latin, the interest in this volume will lie in the
large collection of legal maxims and phrases. The annotations are
commendable for their brevity and unpretentious simplicity.
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