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Jacob,
Giles. The Law-Dictionary:
Explaining the Rise, Progress, and Present State of the English
Law; Defining and Interpreting the Terms or Words of Art; and
Comprising Copious Information on the Subjects of Law, Trade,
and Government. Corrected and Greatly Enlarged by T[homas]
E[dlyne] Tomlins. New York: Printed for,
and Published by I. Riley, 1811. Six volumes. viii, 531; [2],
543; [2],618; [2], 472; [2], 553; [2], 471pp. Reprinted 2000 by
The Lawbook Exchange, Ltd. LCCN 98-49349. ISBN 1-886363-68-4.
Cloth. $495.
* Reprint
of the first American edition, from the second London edition
(1732). The New Law-Dictionary was first published in 1729
and is "Jacob's masterpiece and constituted an entirely new
departure in legal literature, the dictionary which is also an
abridgment." Cowley, p. xci. T.E. Tomlin's [1762-1841] edition,
first published in 1797, is in effect an enlargement and improvement
of Jacob's dictionary. Tomlins, who in 1797 "remodeled the work and
published several more editions in his own name. In this form
Jacob's dictionary reached America.": Cowley, A Bibliography of
Abridgements, Digests, Dictionaries and Indexes of English Law to
the Year 1800 xci.  
Jacob,
Giles. A New
Law-Dictionary: Containing, The Interpretation and Definition
of Words and Terms used in the Law; and Also the Whole Law, and
the Practice Thereof, Under All the Heads and Titles of the Same.
Together With Such Informations Relating Thereto, as Explain the
History and Antiquity of the Law, and Our Manners, Customs, and
Original Government. Collected and Abstracted From All Dictionaries,
Abridgments, Institutes, Reports, Year-Books, Charters, Registers,
Chronicles, and Histories, Published to This Time. And Fitted
for the Use of Barristers, Students, and Practicioners of the
Law, Members of Parliament, and Other Gentlemen, Justices of Peace,
Clergymen, &c. The Fifth Edition, with Great Additions and
Improvements, and the Law-Proceedings Done Into English. To Which
is Annexed, a Table of References to All the Arguments and Resolutions
of the Lord Chief Justice Holt; in the Several Volumes of the
Reports. London: Printed by Henry Lintot, 1744. Unpaginated
[828 pp.]. Printed in double columns. Folio (9" x 12").
Reprinted 2004 by The Lawbook Exchange, Ltd. ISBN 1-58477-376-6.
Cloth. $295.
* Reprint
of the fifth edition, which was the last published during the
author's lifetime. As Cowley pointed out, the New Law-Dictionary
(first edition, 1729) was both Jacob's masterpiece and "an entirely
new departure in legal literature" that provided a model for several
subsequent efforts. In contrast to earlier works, each entry
summarizes all of the laws relating to the subject and offers
extensive interpretive commentary. Jacob [1686-1744] was also
careful to omit obsolete terms. It was recognized almost immediately
that Jacob had created a highly useful legal encyclopedia that was
both more detailed and concise than any other abridgment of the
period. An extremely popular work that went through twelve editions
by 1800, it offers unparalleled insights into Anglo-American law
during the eighteenth century. Cowley, A Bibliography of
Abridgements, Digests, Dictionaries and Indexes to the Year 1800
xc-xci, 244.
Jacobs,
Clyde E. Law
Writers and the Courts. The Influence of Thomas M. Cooley, Christopher
G. Tiedeman, and John F. Dillon upon American Constitutional Law.
Berkeley: University of California Press, 1954. x, 223 pp. Reprinted
2001 by The Lawbook Exchange, Ltd. ISBN 1-58477-195-X. Cloth.
$85.
* In the
post-Civil War era, Thomas M. Cooley, Christopher G. Tiedeman and
John F. Dillon popularized the two legal principles related to a
laissez-faire interpretation of the Constitution that were
valuable to industrialists of the era: the liberty of contract
principle as a limitation on police power of the states, and the
public purpose limitation on state and federal tax power. To support
his analysis of the writings of these authors, Jacobs examines
relevant federal and state cases.
Jacobsen,
Frederick, J. Laws
of the Sea, With Reference to Maritime Commerce, During Peace
and War. [Translated] from the German by William Frick. Baltimore:
Edward J. Coale, 1818. xxxv, 636 pp. Reprinted 2005 by The Lawbook
Exchange, Ltd. ISBN 1-58477-538-6. Cloth. $150.
* Reprint of the first English-language edition. Marvin spoke highly of this work in his Legal Bibliography (1847), noting that few have equaled his wide range of research and depth of learning (418-419). As late as 1921, G.L. Canfield, writing in the Michigan Law Review, called this work "one of the pleasures of the legal bibliophile" that "remain[s] essential today to a practitioner's library (19:580-582). Jacobsen [1774-1822], a German jurist, was an internationally recognized authority on maritime law. First published in 1815, Laws of the Sea is based on a sixteen-year study of the laws of Italy, France, Great Britain, Holland, Denmark and Germany. It remains the most thorough single-volume study of English and continental maritime law in the early nineteenth century, a turbulent era shaped by the French Revolution and Napoleon.
James,
Eldon Revare. A
List of Legal Treatises Printed in the British Colonies and the
American States
Before 1801. Cambridge,
Mass.: Harvard University Press, 1934. 52 pp. Reprinted 2002 by
The Lawbook Exchange, Ltd. ISBN 1-58477-143-7. Cloth. $50.
* A
bibliography of items published in the British colonies and the
United States between 1687-1800, organized by date with complete
title page transcriptions. During these years most law books were
printed for the benefit of the officer or layman who was called upon
to act in a legal capacity. Therefore legal manuals, formbooks,
pocket-books, young clerk's vade mecums, justice of the peace
manuals, the Conductor Generalis and the like provided the
legal sources of the time. This bibliography contains occasional
annotations regarding the various printings. Originally published in
Harvard Legal Essays.
James
I. The Political
Works of James I. Reprinted from the Edition of 1616. With
an Introduction by Charles Howard McIlwain. Cambridge: Harvard
University Press, 1918. cxi, 354 pp. Reprinted 2002 by The Lawbook
Exchange, Ltd. LCCN 2001053981. ISBN-13: 978-1-58477-222-4. ISBN-10:
1-58477-222-0. Cloth. $125.
* The
Collected works of James I [1566-1625], the first Stuart King of
England, with an extensive introduction and appendices. Includes the
"Basilikon Doron," "The Trew Law of Free Monarchies," "An Apologie
for the Oath of Allegiance," "A Premonition to all Christian
Monarchies, Free Princes and States," "A Defence of the Right of
Kings, against Cardinall Perron," and "Speech in the Star Chamber,
1616."
Jaques,
E.T. Charles
Dickens in Chancery: Being an Account of his Proceedings in Respect
of the "Christmas Carol" with Some Gossip in Relation
to the Old Law Courts at
Westminster. London:
Longmans, Green & Company, 1914. 95 pp. Reprinted 2001 by
The Lawbook Exchange, Ltd. ISBN 1-58477-106-2. Cloth. $60.
* Lively,
entertaining and interesting account of cases of copyright
infringement in which Dickens appeared as plaintiff regarding his
book, The Christmas Carol. The Appendix contains the text of
two affidavits filed in one of the cases. Marke, A Catalogue of
the Law Collection of
New York
University
(1953) 1142.
Jenks, Edward.
The Constitutional Experiments of the Commonwealth: A Study
of the Years 1649-1660. Cambridge: The University Press, 1890.
iv, 154 pp. Reprinted 2002 by The Lawbook Exchange, Ltd. LCCN
00-067823. ISBN 1-58477-141-0. Cloth. $80.
* A
detailed account of the various changes in governmental administration
between the death of Charles I and the Restoration. A member of
the Middle Temple, a Fellow of King's College, Cambridge, and
dean of the Faculty of Law at the University of Melbourne, Jenks
argues that the Commonwealth era was not an aberration, but an
important and natural step in the development of English political
ideas.
Jenks,
Edward. The
History of the Doctrine of Consideration in English Law (Being
the Yorke Prize Essay for the Year 1891). London: C.J. Clay
and Sons, 1892. [viii], 225 pp. Reprinted 2004 by The Lawbook
Exchange, Ltd. ISBN 1-58477-399-5. Cloth. $95.
* Jenks
[1861-1939] defines the doctrine of consideration as it was
practiced in the 1890s and traces its evolution to its origins in
the twelfth century. He argues "the doctrine of consideration was
apparently unknown to the Roman jurists.... It came into English law
purely as a matter of accident, as an incidental consequence of a
special manner of proof; and it was not until it was familiar in
this capacity that men perceived its value as a doctrine of
substantive law." (pp. 224-225) The work of no single mind, this
evolutionary process demonstrated that "the English nation, while it
has perhaps produced few individual lawyers of genius, has in its
corporate capacity manifested something like an unconscious genius
for law." (p. 225) "This little book is very suggestive, and well
worth the attention of any one who cares for the history of the
law.": G.R.P., Harvard Law Review VI:324 cited in Marke, A
Catalogue of the Law Collection at New York University (1953)
419.
Jhering,
Rudolph von. Law
as a Means to an End. Translated from the German by Isaac
Husik with an Editorial Preface by Joseph H. Drake and with Introductions
by Henry Lamm and W.M. Geldart. Boston: The Boston Book Company,
1913. lxi, 483 pp. Reprinted 1999 by The Lawbook Exchange, Ltd.
LCCN 99-23754. ISBN 1-58477-009-0. Cloth. $80.
*
Originally published as Volume V of the Modern Legal Philosophy
Series. Influential landmark of nineteenth century jurisprudence on
which the modern concept of social utilitarianism is based. Jhering
[1818-1892] advances the idea that law should be used to realize
social justice. The Struggle for Law, another Jhering
classic, is also available as a reprint published by The Lawbook
Exchange.
Jhering,
Rudolph von. The
Struggle for Law. Translated from the Fifth German Edition by
John J. Lalor. Second Edition, with an Introduction by Albert
Kocourek. Chicago: Callaghan and Company, 1915. lii, 138 pp.
Reprinted 1997 by The Lawbook Exchange, Ltd. LCCN 97-6826. ISBN-13:
978-1-886363-25-0. ISBN-10: 1-886363-25-0. Cloth. $75.
* Reprint
of the second English edition (1915). First published in German in
1872 as Der Kampf ums Recht, the work attracted wide
attention and was reissued in several revised editions and
translated into a dozen foreign languages. The author was a renowned
scholar of Roman law who wrote in a lively style. One legal
historian called him "the Mark Twain of German jurisprudence." In
this essay he discusses what the law is and how the law changes. It
is a classic in the perennial struggle to make the law a means for
achieving social change.
Johns,
C.H.W. Babylonian
and Assyrian Laws, Contracts and Letters. Edinburgh: T. &
T. Clark, 1904. xxii, 424 pp. Reprinted 2000 by The Lawbook Exchange,
Ltd. LCCN 99-32862. ISBN 1-58477-022-8. Cloth. $80.
*
Translation of ancient legal sources such as the Code of Hammurabi,
laws relating to contracts, marriage, inheritance, slavery,
property, sales, land tenure, and more will show the reader the law
and the law-courts, the rights of the State, the family and the
individual, and property matters as they existed, and their
similarity to today's legal system.
Johns,
C.H.W., Translator.
The Oldest Code of Laws in the World: The Code of Laws Promulgated
by Hammurabi, King of Babylon,
B.C. 2285-2242.
Edinburgh: T. & T. Clark, 1926. xii, 88 pp. Reprinted 2000
by The Lawbook Exchange, Ltd. LCCN 99-053070. ISBN-13: 978-1-58477-061-9.
ISBN-10: 1-58477-061-9. Cloth. $60.
* The
text, in English, of the Code of Hammurabi, which is the earliest
code of laws. Probably issued about 1750 B.C., it includes 282
sections in an ordered arrangement. The index, created by the
translator, may be viewed as a digest of the Code itself.
Johnson,
Allan Chester, Paul Robinson Coleman-Norton and Frank Card Bourne.
Clyde Pharr, General Editor.
Ancient Roman Statutes: A Translation with Introduction, Commentary,
Glossary, and Index. Austin: University of Texas Press, 1961.
xxxi, 290 pp. 9" x 12." Reprinted 2003 by The Lawbook
Exchange, Ltd. ISBN 1-58477-291-3. Cloth. $150.
* A
collection of documents in translation based on a collation of Roman
laws collected from the editions of Bruns, Girard and Riccobono.
Laws gathered from other secondary sources, such as ancient authors'
writings and from modern scholars' editions of inscriptions and of
papyri, are also included. This volume is Volume II of The Corpus
of Roman Law (Corpus Juris Romani), General Editor, Clyde
Pharr. (Volume I: The Theodosian Code is also published in
reprint by The Lawbook Exchange, Ltd.)
Johnson,
Hebert Alan. The
Law Merchant and Negotiable Instruments in Colonial New
York, 1664 to 1730.
Chicago: Loyola University Press, 1963. x, 85pp. Reprinted 2002
by The Lawbook Exchange, Ltd. LCCN 2001037701. ISBN 1-58477-243-3.
Cloth. $60.
*
Examines an important episode in the history of the laws and customs
devised by merchants to regulate their relations with each other. As
Johnson states in his preface, this "brief study of the law of
merchant and bills of exchange has as its background a fascinating
era of legal history. Changing legal institutions and patterns of
trade were typical of these early years. For the student of history,
as well as the legal scholar, these developments are of great
significance for they are the basis for the future growth of the law
and the commercial supremacy of the province of New York.": Preface
vii.
Jones,
Leonard A.
A Treatise on the Law of Liens, Common Law, Statutory, Equitable,
and Maritime. Boston: Houghton, Mifflin and Company, 1894.
Two volumes. xcix, 703; vi, 770 pp. Reprinted 2005 by The Lawbook
Exchange, Ltd. LCCN 2003052764. ISBN 1-58477-360-X. Cloth. $265.
* Reprint of the revised and enlarged second edition. A lucid guide to a daunting area at a time when it was experiencing a rapid period of growth. Jones addresses liens created by recent statute and recent modifications to maritime liens and common-law liens on personal and real property. Noting that many new liens established by statute have never been asserted, and noting that court decisions depend on them, Jones states the relevant statute laws, often with fascinating commentary.
Legal Realism and Man at Yale
Kalman,
Laura. Legal
Realism at Yale, 1927-1960. Chapel Hill: University of North
Carolina Press, 1986. xii, 314 pp. Reprinted 2002 by The Lawbook
Exchange, Ltd. ISBN 1-58477-203-4. Cloth. $95.
* The
history of the concept of legal realism as it evolved at Yale
University Law School is in fact a history of the development of
legal education in this country during the years 1927-1960, as
Kalman shows in this important study. The realists' attention toward
the importance of the role of litigation, the practitioner, judges
and judicial reasoning, and the judiciary in a societal context
represented a departure from the scientific casebook method espoused
by C.C. Langdell at Harvard University Law School in the 1870s, and
later supported by Roscoe Pound.
Kames,
Henry Home, Lord.
Historical Law-Tracts. The Second Edition. Edinburgh: A.
Kincaid, 1761. xv, 463 pp. Reprinted 2000 by The Lawbook Exchange,
Ltd. LCCN 99-43133. ISBN 1-58477-038-4. Cloth. $95.
* In this
celebrated treatise Lord Kames [1696-1782] proposes the concept of a
historical treatment of law as a "rational science" (Preface p. xv)
and sets forth the methodology and order of such. He holds that "law
in particular becomes then only a rational study, when it is traced
historically, from its first rudiments among savages, through
successive changes, to its highest improvements in a civilized
society." (Preface p. v) From this perspective the fourteen tracts
cover the history of criminal law, promises and covenants, property,
creditor and debtor, courts, etc. First published during the
"Scottish enlightenment" in 1758, this is the second edition as
published in 1761. This popular and influential work reached a
fourth edition by 1792, and was read widely by European and American
thinkers such as Hume, Bentham, Adams, Jefferson, Madison, Franklin
and Adam Smith. Kames was a prolific author whose many works
appeared in numerous editions.
Kant,
Immanuel. The
Philosophy of Law: An Exposition of the Fundamental Principles
of Jurisprudence as the Science of Right. Translated from
the German by W. Hastie, B.D. Edinburgh: T. & T. Clark, 1887.
xxxvi, 265 pp. Reprinted 2002 by The Lawbook Exchange, Ltd. LCCN
00-066332. ISBN 1-58477-131-3. Cloth. $70.
*
Published in 1797, The Philosophy of Law [Rechtslehre]
stands as one of the most significant late works by the great
Prussian philosopher. Though he lived in an atmosphere of political
and social repression, it is evident that Kant [1724-1804] was
sensitive to the revolutionary spirit that was spreading throughout
Europe in the wake of Napoleon's armies. Claiming that man is born
with reason and an innate desire for freedom, he argued that the
union of these natural gifts could bring about a new sense of order
and harmony in future generations. This edition also reprints Kant's
later Supplementary Explanations (1797), which was added to
the second edition (1798).
Karlen,
Delmar. Appellate
Courts in the United
States and England.
Forewords by Lord Evershed and William J. Brennan, Jr. [New York]:
New York University Press, 1963. x, 180 pp. Reprinted 2004 by
The Lawbook Exchange, Ltd. ISBN 1-58477-472-X. Cloth. $60.
* Reprint
of a title from the Judicial Administration Series published
by the National Conference of Judicial Councils. Motivated by a
spirit of reform, a distinguished group of American and English
jurists studied the appellate courts of each other's countries in
1961 and 1962 in order to find ideas they could use in their own.
They observed a number of courts, including the Appellate division
of the New York Supreme Court, the United States Supreme Court, the
Court of Criminal Appeal and the Divisional Courts. Karlen
synthesizes their findings and describes the tribunals observed. His
final chapter compares and contrasts the appellate procedures of
each country.
Keasbey,
Edward Quinton.
The Courts and Lawyers of New
Jersey. 1661-1912.
New York: Lewis Historical Publishing Company, 1912. Three volumes.
Illustrated. Reprinted 2002 by The Lawbook Exchange, Ltd. ISBN
1-58477-233-6. Cloth. $295.
* An
extensive chronicle of the years 1661-1912 that covers the origin,
history and jurisdiction of the various courts and detailed
biographical sketches of leading attorneys. Keasbey [1849-1925] also
includes numerous full-page portraits of the lawyers described. An
excellent reference work. Marke, A Catalogue of the Law
Collection at
New York
University
(1953) 169.
Keller,
Morton. Affairs
of State: Public Life in Late Nineteenth Century America.
Cambridge: Harvard University Press, 1977. ix, 631 pp. Reprinted
2000 by The Lawbook Exchange, Ltd. LCCN 99-087921. ISBN 1-58477-086-4.
Cloth. $95.
* The
post-Civil War era in the United States was marked by tension
between existing values and the need for social change brought about
by the post-war era. This work provides an insightful analysis into
the political and legal developments of the era and their
manifestation in public life in this unique time in American
history.
Kelsen,
Hans. Collective
Security under International Law. Washington, D.C.: United
States Government Printing Office, 1957. Reprinted 2001 by The
Lawbook Exchange, Ltd. ISBN-10: 1-58477-144-5. Cloth. $75.
* The
noted jurist Hans Kelsen [1881-1973] advances his theory that
collective security is "...an essential function of law, national as
well as international, and that, therefore, there exists an
intrinsic connection between international security and
international law; in other terms, that collective security of the
state is, just as collective security of the individual within the
state, by its very nature a legal problem." Foreword p. ii.
Kelsen,
Hans. General
Theory of Law and State.
Translated by Anders Wedberg. Cambridge: Harvard University Press,
1945. xxxiii, 516 pp. Reprinted 1999 by The Lawbook Exchange,
Ltd. LCCN 98-32334. ISBN 1-886363-74-9. Cloth. $95.
* Reprint
of the first edition. Classic work by a noted Austrian jurist, Hans
Kelsen [1881-1973] in which he advances his theories of the pure
nature of law and of the state as separate from a philosophy of
justice. The appendix includes an analysis of the natural law
doctrine in its opposition to legal positivism.
Kelsen,
Hans. The Law
of the United Nations. A Critical Analysis of Its Fundamental
Problems. New York: Frederick A. Praeger, [1964]. xvii, 994
pp. Reprinted 2000 by The Lawbook Exchange, Ltd. ISBN-13: 978-1-58477-077-0.
ISBN-10: 1-58477-077-5. Cloth. $125.
* First
published under the auspices of The London Institute of World
Affairs in 1950. With a supplement, Recent Trends in the Law of
the United Nations [1951]. A critical, detailed, highly
technical legal analysis of the United Nations charter and
organization.
Kelsen,
Hans. Peace
Through Law. Chapel Hill: The University of North Carolina
Press, 1944. xii, 155 pp. Reprinted 2000 by The Lawbook Exchange,
Ltd. ISBN 1-58477-103-8. Cloth. $60.
* Kelsen
[1881-1973] departs from his theories on pure law and here proposes
a formula for international peace. He proffers "peace guaranteed by
compulsory adjudication of international disputes," (Part I): the
formation of a world court with the authority to resolve
international conflicts, and "peace guaranteed by individual
responsibility for violations of international law," (Part II): that
individual statesmen take personal moral and legal responsibility
for war crimes and other acts of violation committed by their
country. Walker,
Oxford Companion
to Law
699. Marke, A Catalogue of the Law Collection of
New York
University
(1953) 637, 653.
Kelsen,
Hans. Principles
of International Law. New York: Rinehart & Company, Inc.
[1952]. xvii, 461 pp. Reprinted 2003 by The Lawbook Exchange,
Ltd. ISBN 1-58477-325-1. Cloth. New. $85.
* Upon
his retirement from the faculty of University of California at
Berkeley in 1952, noted legal philosopher and political scientist
Hans Kelsen [1881-1973] produced arguably this his most important
work, "... a systematic study of the most important aspects of
international law, including international delicts and sanctions,
reprisals, the spheres of validity and the essential function of
international law, creation and application of international law and
national law." Nicoletta Bersier Ladavac, "Hans Kelsen (1881 - 1973)
Biographical Note and Bibliography," European Journal of
International Law Vol. 9 (1998) No. 2.
Kelsen,
Hans. Pure Theory
of Law. Translation from the Second German Edition by Max
Knight. Berkeley: University of California Press, 1967. x, 356
pp. Reprinted 2002 by The Lawbook Exchange, Ltd. ISBN 1-58477-206-9.
Cloth. New. $95.
* The
second revised and enlarged edition, being a completely revised version of
the first edition which was published in 1934. Kelsen [1881-1973],
was the author of more than forty works on law and legal philosophy,
and is best known for this title and General Theory of Law and
State. He was also the author of the Austrian Democratic
Constitution, which was published in 1920, abolished during the Nazi
regime, restored in 1945, and in force today. Walker calls Kelsen
"possibly the most influential jurisprudent of the twentieth
century." Walker, Oxford Companion to Law
699.
Kelsen,
Hans. Pure Theory
of Law. Translation from the Second German Edition by Max
Knight. Berkeley: University of California Press, 1967. x, 356
pp. Reprinted 2005 by The Lawbook Exchange, Ltd. ISBN 1-58477-578-5.
Paperbound. $36.95
* Second revised and enlarged edition, a complete revision of the first edition published in 1934. A landmark in the development of modern jurisprudence, the pure theory of law defines law as a system of coercive norms created by the state that rests on the validity of a generally accepted Grundnorm, or basic norm, such as the supremacy of the Constitution. Entirely self-supporting, it rejects any concept derived from metaphysics, politics, ethics, sociology, or the natural sciences. Beginning with the medieval reception of Roman law, traditional jurisprudence has maintained a dual system of "subjective" law (the rights of a person) and "objective" law (the system of norms). Throughout history this dualism has been a useful tool for putting the law in the service of politics, especially by rulers or dominant political parties. The pure theory of law destroys this dualism by replacing it with a unitary system of objective positive law that is insulated from political manipulation.
Possibly the most influential jurisprudent of the twentieth century, Hans Kelsen [1881-1973] was legal adviser to Austria's last emperor and its first republican government, the founder and permanent advisor of the Supreme Constitutional Court of Austria, and the author of Austria's Constitution, which was enacted in 1920, abolished during the Anschluss, and restored in 1945. The author of more than forty books on law and legal philosophy, he is best known for this work and General Theory of Law and State. Also active as a teacher in Europe and the United States, he was Dean of the Law Faculty of the University of Vienna and taught at the universities of Cologne and Prague, the Institute of International Studies in Geneva, Harvard, Wellesley, the University of California at Berkeley, and the Naval War College. Also available in cloth.
Kelsen,
Hans. Society
and Nature: A Sociological Inquiry. London: K. Kegan Paul,
Trench, Trubner & Co., Ltd., [1946]. viii, 391 pp. Reprinted
2000 by The Lawbook Exchange, Ltd. LCCN 99-054869. ISBN 1-58477-064-3.
Cloth. $85.
* The
influential jurist Hans Kelsen [1881-1973] here applies his concept
of the distinction between society and nature. He shows how
primitive man developed his interpretation of nature, through the
laws of retribution and of causality, to a modern concept of nature
and society. He holds that the gradual emancipation of the law of
causality from the principle of retribution is "the emancipation
from a social interpretation of nature. The process shows a relation
between social and natural science which is very important from the
point of view of intellectual history." (Introduction p. viii)
Extensively annotated. Kelsen is known for his theory of pure
positive law, as postulated in General Theory of Law and State,
which is also available in a reprint edition from The Lawbook
Exchange.
Kelsen,
Hans. What is
Justice? Justice, Law and Politics in the Mirror of Science.
Berkeley: University of California Press, 1957. [vi], 397 pp.
Reprinted 2000 by The Lawbook Exchange, Ltd. ISBN 1-58477-101-1.
Cloth. $95.
* Through
the lens of science, Kelsen proposes a dynamic theory of natural
law, examines Platonic and Aristotelian doctrines of justice, the
idea of justice as found in the holy scriptures, and defines justice
as "...that social order under whose protection the search for truth
can prosper. 'My' justice, then, is the justice of freedom, the
justice of peace, the justice of democracy-the justice of
tolerance." (p. 24).
Kendrick,
Benjamin B. The
Journal of the Joint Committee of Fifteen on Reconstruction. 39th
Congress, 1865-1867. New York: Columbia University Press,
1914. 414 pp. Three plates. Reprinted 2005 by The Lawbook Exchange,
Ltd. ISBN-13: 978-1-58477-443-3. ISBN-10: 1-58477-443-6. Cloth.
$90.
* President Johnson's failure to pursue an aggressive Reconstruction policy incited Congress to supplant his authority by establishing the Joint Committee of Fifteen on Reconstruction, which drafted the Civil Rights Act (1866), the Reconstruction Act (1867) and the Fourteenth Amendment (1868), which contains the important and oft-debated "due process" clause. Due to a series of mishaps the committee's journal was never printed by the government. Brought home by Senator William Pitt Fessenden, one of the committee's members, it remained in his family until it was sold at auction. It was finally acquired by Columbia University, where it remains today. Kendrick offers the complete text of the journal (166 pages) and an extensive history of the committee's work. Published originally in the Columbia University series Studies in History, Economics and Public Law, this work is cited frequently in the literature on Reconstruction. It is a primary reference, for example, in Raould Berger's landmark study Government by Judiciary: The Transformation of the Fourteenth Amendment (1977).
Kent,
William. Memoirs
and Letters of James Kent, L.L.D. Boston: Little, Brown, and
Company, 1898. x, 341 pp. Reprinted 2001 by The Lawbook Exchange,
Ltd. LCCN 00-026688. ISBN 1-58477-100-3. Cloth. $75.
* Kent's
great-grandson William has collected James Kent's memoirs and
selected letters in one of "the chief sources of information on
James Kent." Hicks, Dictionary of American Biography V:347.
His own words reveal Kent as a man of wide learning and literary
acumen, gathered here in his views on the Federalist cause,
secession, the political situation in Europe, his love of
literature, his admiration for Alexander Hamilton and Washington
Irving, his career before and on the bench, his life as chancellor,
and his correspondence regarding the Commentaries. "Next to my wife,
my library has been the source of my greatest pleasure and devoted
attachment," he wrote in 1828. (DAB V:347). Included here are
notes penned in some of his volumes. Of special interest are the
notes that he wrote in Wollstonecraft's Rights of Woman and
Tucker's Life of Jefferson. Marke, A Catalogue of the Law
Collection at
New York
University
(1953) 1103.
Kenyon,
F.G., editor. Aristotle
on the Constitution of Athens.
[Athenaion Politeia]. Third and Revised Edition. Oxford:
Clarendon Press, 1892. lxvii, 229 pp. Reprinted 2003 by The Lawbook
Exchange, Ltd. LCCN 2002024316. ISBN 1-58477-261-1. Cloth. $70.
* Reprint
of the third revised and expanded edition. A carefully edited
anthology of passages in Greek from the Politics and other
works, as well as fragmentary passages. With thorough annotations,
notes and an extensive introduction in English.
Kern,
Fritz. Kingship
and Law in the Middle Ages: I. The Divine Right of Kings and the
Right of Resistance in the Early Middle Ages. II. Law and Constitution
in the Middle Ages. Translated with an Introduction by S.B.
Chrimes. New York: Frederick A. Preager Publishers, 1956. xxxi,
214 pp. Reprint available May 2006 by the Lawbook Exchange, Ltd.
ISBN-13: 978-1-58477-570-6. ISBN-10: 1-58477-570-X. Cloth. $80.
* First published in 1914, this is one of the most important studies of early constitutional law. Kern [1884-1950] observes that discussions of the state in the ninth, eleventh and thirteenth centuries invariably asked whose rights were paramount Were they those of the ruler or the people? Kern locates the origins of this debate, which has continued to the twentieth century, in church doctrine and the history of the early German states. He demonstrates that the interaction of "these two sets of influences in conflict and alliance prepared the ground for a new outlook in the relations between the ruler and the ruled, and laid the foundations both of absolutist and of constitutional theory" (4).
Kilbourn,
Dwight C. The
Bench and Bar of Litchfield County, Connecticut
1709-1909: Biographical Sketches of Members, History and Catalogue
of the Litchfield Law School. Historical Notes.
Litchfield: Published by the Author, 1909. xiv, 344, [3], viii
pp. Illustrated. Reprinted 2002 by The Lawbook Exchange, Ltd.
LCCN 2001038974. ISBN-13: 978-1-58477-213-2. ISBN-10: 1-58477-213-1.
Cloth. $95.
*
Litchfield Law School, the first American law school, was founded by
Tapping Reeve in 1782. The work is composed of materials relevant to
the school and related personages, and contains historical notes,
biographies, photographs, accounts of important trials and the
following reprints: "Litchfield County: Historical Address Delivered
at Litchfield, Conn., On the Occasion of the Centennial Celebration,
1851, by Samuel Church"; "Sketches of the Early Lights of the
Litchfield Bar by David S. Boardman" (1860); "Fifty Years at the
Litchfield County Bar by Charles F. Sedgwick" (1870); and
"Reminiscences of the Litchfield County Bar, Delivered at the
Centennial Banquet, November 18, 1898, by Donald J. Warner."
Kinney,
J.P. The Development
of Forest Law
in America. A Historical Presentation of the Successive Enactments,
the the Legislatures of the Forty-eight States of the American
Union and by the Federal Congress, Directed to the Conservation
and Administration of Forest Resources.
New York: John Wiley & Sons, Inc., 1917. xviii, 254, xxi pp.
Reprinted 2003 by The Lawbook Exchange, Ltd. LCCN 2002025953.
ISBN-13: 978-1-58477-252-1. ISBN-10: 1-58477-252-2. Cloth. $75.
* Surveys
the development of state and federal legislation directed to the
preservation of existing forest resources, the reforestation of
cut-over or burned over areas, the extension of forest areas and the
systematic management of forests for productive purposes. Kinney
also includes references to laws regarding forest fires, shade trees
and other related subjects.
Kisch,
Guido. Jewry-Law
in Medieval Germany:
Laws and Court Decisions Concerning Jews.
New York: American Academy for Jewish Research, 1949. xiv, 274
pp. Reprinted 2003 by The Lawbook Exchange, Ltd. LCCN 2002024330.
ISBN 1-58477-259-X. Cloth. $80.
* A
valuable compilation drawn from the Muehlhaeuser Reichsrechtsbuch,
the Sachsenspiegel, the Dresden Collection of Jury-Court
Decisions, the Remissorium Regulae Juris "Ad Decis" and
other source records, all in their original languages. With an
extensive introductory essay, a bibliography of manuscript and later
editions, an index of subjects, an index of Jewish names and an
index of places. Originally published as Volume III in the American
Academy for Jewish Research series, Text and Studies.
Kitchin,
S.B. A History
of Divorce. London: Chapman & Hall, Ltd., 1912. xvi, 293
pp. Reprinted 2002 by The Lawbook Exchange, Ltd. LCCN 2001041400.
ISBN 1-58477-190-9. Cloth. $75.
* A
history of divorce from the early Roman era to the present. "It
covers in a brief, readable way the law during the Roman period, in
the Eastern Church and Eastern Europe, in the canon law and Western
Europe, from the Reformation to the French Revolution, in England,
the United States and the British Colonies.": Marke, A Catalogue
of the Law Collection at New York University (1953) 758.
Kovalevsky,
Maxime. Modern
Customs and Ancient Laws of Russia. Being the Ilchester Lectures
for 1889-90. London: David Nutt, 1891. x, 260 pp. Reprinted
2000 by The Lawbook Exchange, Ltd. LCCN 99-16487. ISBN 1-58477-017-1.
Cloth. $65.
* A
history of Slavonic law in the form of six essays which were
delivered at the Taylorian Institution, Oxford, by a professor of
jurisprudence at the University of Moscow. Recommended by Pound. By
examining the legal aspects of contemporary Russian social customs
(marital, servitude) and political systems (the Russian Parliaments
and also the Folkmotes, or the assembly of people who shared power
with elected leaders), Kovalevsky shows the extent of the range of
the ancient laws of Russia from their origin through the nineteenth
century. Indexed.
Kulsrud,
Carl J. Maritime
Neutrality to 1780. A History of the Main Principles Governing
Neutrality and Belligerency to 1780. Boston: Little, Brown,
and Company, 1936. x, 351 pp. Reprinted 2000 by The Lawbook Exchange,
Ltd. LCCN 99-38825. ISBN 1-58477-027-9. Cloth. $65.
* A
historical study, to the year 1780, of the major principles inherent
in maritime controversy between neutrals and belligerents, and the
evolution of those agencies which gave effect to these principles.
Specifically examines early prize law and prize adjudication, basic
codes and complex rules of maritime and modern prize law, the
evolution of blockade, the definition of contraband of war, and the
economic and political factors which affected armed neutralities.
Kyd,
Stewart. A Treatise
on the Law of Corporations. London: J. Butterworth, 1793-1794.
2 Vols. Reprinted 2006 by The Lawbook Exchange, Ltd. ISBN-13:
978-1-58477-635-2. ISBN-10: 1-58477-635-8. Cloth. $175.
* Reprint of the first edition. According to Holdsworth, this "remarkably able pioneer treatise" is one of the most distinguished English law books written during the eighteenth century. Well arranged and clearly written, it begins with an introductory chapter that defines different types of corporations. The following chapters discuss their creation, relation to the public, institutional constitution, visitation and dissolution. Thoroughly grounded in the history of the subject, it cites and discusses every relevant authority from the Year Books to the author's lifetime. Kyd [d. 1811], a Scottish lawyer, wrote distinguished treatises on awards and bills of exchange and a continuation of Comyn's Digest. Holdsworth, A History of English Law XII:400.
Ladd, William. An Essay on a Congress of Nations for the Adjustment of International Disputes Without Resort to Arms. Reprinted from the Original Edition of 1840 with an Introduction by James Brown Scott. New York: Oxford University Press, 1916. xlviii, 162 pp. Reprint available January 2007 by The Lawbook Exchange, Ltd. Cloth. $85.
* First published in 1840 under the auspices of the American Peace Society, this was the first important statement on the preservation of peace through international mediation published in the United States. It became a central text for American peace organizations and participants in international law conferences, and did much to persuade Americans to accept the idea of an international peace organization. It was also distributed widely in Europe, where it was well-received. Influential into the twentieth century, it was reprinted in 1916 by the Carnegie Endowment for International Peace. Anticipating the creation of the Permanent Court of International Justice and the League of Nations by a good 75 years, Ladd proposed an international "congress with legislative powers" that worked with a court that enforced its laws and settled international disputes. Ladd [1778-1841], a scholar and philanthropist, was the president of the American Peace Society. His essay was a contribution to a collection published by his society entitled Prize Essays on a Congress of Nations, For the Adjustment of International Disputes, And for the Promotion of Universal Peace Without Resort to Arms (1840).
Lambard[e],
William. Eirenarcha:
Or, of the Office of the Justices of Peace in Two Bookes, Gathered
1579 and Now Revised and Firste Published in the 24. Yeare of
the Peaceable Reigne of our Gratious Queene Elizabeth. London:
Newbery, 1581.[viii], 511, [xv] pp. Reprinted 2003 by The Lawbook
Exchange, Ltd. LCCN 2002025944. ISBN 1-58477-246-8. Cloth. $95.
* Reprint
of the first edition. This treatise is esteemed for its
comprehensive and systematic account of the organization of local
government under the justices of the peace at the end of the
sixteenth century. It was the standard authority for several decades
and often reprinted. Like many books of its kind, Eirenarcha
offers a unique perspective on the society that produced it. This is
evident in the descriptions of detailed indictments for such
offenses as killing a man through witchcraft, raping a child or maid
(the age of distinction was ten), hearing a Catholic Mass,
practicing usury and operating a bowling alley. Lambard [1536-1601],
a barrister, justice of the peace and legal historian, was also the
keeper of records at the Rolls Chapel and the Tower of London.
Lang,
Andrew. Sir
George Mackenzie King's Advocate, of Rosehaugh, His Life and Times
1636(?)-1691. London, New York, Bombay, and Calcutta: Longmans,
Green and Co., 1909. xi, 347 pp. Illustrated. Reprinted 2005 by
The Lawbook Exchange, Ltd. ISBN 1-58477-616-1. Cloth. $95.
* Reprint of the standard biography of MacKenzie. Lord Advocate during the reigns of Charles II and James II, MacKenzie persecuted Scottish Presbyterians with such zeal that he was known as "The Bloody MacKenzie." (In many cases, he bent the law to secure a conviction.) Also an important scholar and author, he founded the Advocates Library, which is now the National Library of Scotland. His works include The Laws and Customs of Scotland, In Matters Criminal (1678), which is available as a Lawbook Exchange Reprint.
Lang,
Maurice Eugen.
Codification in the British Empire and America. Amsterdam:
H.J. Paris, 1924. [xiv], 204 pp. Reprinted 2005 by The Lawbook
Exchange, Ltd. 2005. ISBN-13: 978-1-58477-620-8. ISBN-10: 1-58477-620-X.
Cloth. $65.
* Lang analyzes efforts made in the United Kingdom and the United States to replace or modify the common law with codes since the origins of codification in the nineteenth century. Lang is especially interested in the tension between written codes, which are characteristic of continental law, and the common law, which is grounded in custom. Since its publication in 1924, this book has been cited often in articles dealing with codes and comparative law.
Langbein, John H.
Prosecuting Crime in the Renaissance: England, Germany, France.
Cambridge: Harvard University Press, 1974. ix, 321 pp. Illustrations.
Reprinted 2005 by The Lawbook Exchange, Ltd. LCCN. ISBN 1-58477-577-7.
Cloth. $95.
* Our present system of criminal prosecution originated in England in the sixteenth century. Langbein traces its development, which was at its most intense during the reign of Queen Mary. He shows how the common law developed a system of official investigation and prosecution that incorporated the medieval institution of the jury trial. He places equal emphasis on the role of the justices of the peace as public prosecutors. The second half of the book compares the English system with those of the Holy Roman Empire (Germany) and France. He concludes by refuting the popular opinion that the English were strongly indebted to continental models. This work was awarded Cambridge University's Yorke Prize.
The First Casebook, Harvard Law
School, 1871
Langdell,
C.C. A Selection
of Cases on the Law of Contracts. With References and Citations.
Prepared for Use as a Text-book in Harvard Law School.
Boston: Little, Brown & Co., 1871. xvi, 1022 pp. Reprinted
1999 by The Lawbook Exchange, Ltd. LCCN 99-28293. ISBN 1-58477-001-5.
Cloth. $120.
* The
landmark work that introduced the revolutionary idea of the "case
system" to legal education, which Langdell [1826-1906] instituted in
his position as Dean at Harvard law School. A response to the
European educational practice of the expository textbook as the
basis of study, Langdell invented herein the use of original
authorities to teach legal principles in his classes at Harvard. He
posted lists of leading cases on the bulletin boards or announced
them in class beforehand. The students prepared for class by going
to the library, taking down the reports, and studying them. The
process was both injurious to the library collection and
inconvenient for the students. It was very soon apparent to Langdell
that having done away with the traditional textbook, the law library
was not a satisfactory alternative. No library had, or could afford,
the number of duplicate volumes of the court reports that were
required so that all students could have easy and equal access to
the cases. Langdell's solution was the casebook. This innovation in
legal education publishing led to the proliferation of casebooks
that continue today. Walker, Oxford Companion to Law 714.
Marke, A Catalogue of the Law Collection of New York University
(1953) 423. Dictionary of American Biography V:585-586.
Lansing,
John, Jr. The
Delegate from New York or Proceedings of the Federal Convention
of 1787 from the Notes of John Lansing, Jr. Edited by Joseph
Reese Strayer. Princeton: Princeton University Press, 1939. x,
125 pp. Reprinted 2002 by The Lawbook Exchange, Ltd. LCCN 2001050456.
ISBN 1-58477-218-2. Cloth. $75.
* John
Lansing [1754-1829], together with Robert Yates and Alexander
Hamilton, attended the Constitutional Convention as delegates from
New York. About 1904 his notes were discovered among his papers by
his heirs, and were not published until 1939, providing a rich new
primary source record for scholars of the Convention. The notes were
apparently intended for his private use only, and do not appear to
have been altered or revised by him. Only in Lansing's notes do we
find a report of two Constitutional questions regarding states
rights and sovereignty, an explanation of Charles Pinckney's plan
for the Senate, an exceptionally careful presentation of Hamilton's
speeches on individual and states rights, and an explanation of the
final vote on the New Jersey plan. Theses notes are of value not
only for their unique perspective on the principals involved, but
for the issues regarding the states relationships he documented.
Larwood, Jacob.
Humour of the Law: Forensic Anecdotes. London: Chatto &
Windus, 1903. vi, 304 pp. Reprinted 2003 by The Lawbook Exchange,
Ltd. LCCN 2002044377. ISBN 1-58477-329-4. Cloth. $75.
* A
wonderful collection of over 200 charming anecdotes of timeless
appeal, including "Court of Sessions and the Butchers," "No Spiders
in Westminster Hall," "Our Old Draconian Laws," "A Learned Judge"
and "Curran's Sarcasm." Some of the tales involve comical passages
about law found in literature or satirical observations on given law
book texts. With an index.
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