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Laski,
Harold J. Authority
in the Modern
State. New Haven:
Yale University Press, 1919. x, 398 pp. Reprinted 2003 by The
Lawbook Exchange, Ltd. LCCN 2002072858. ISBN 1-58477-275-1. Cloth.
$85.
* Laski
[1893-1950] intended this work to be a sequel to Studies in the
Problem of Sovereignty (1917). He argues that sovereignty is
best understood as a type of authority, and he supports his case
with examples drawn principally from modern French history. After
tracing the origins of his subject, Laski considers the significance
of Bonald, Lamennais, Royer-Collard and the Syndicalist movement.
"This book is especially valuable because it warns us not to
exaggerate the importance of law.. If the individuals in the
legislatures and the departments of justice and on the bench do not
stand for the best things men stand for, men begin to wonder
whether, after all, that government ought to endure. (...) So, in
order to make people loyal to the state, you must make the state the
kind of institution that they want to be loyal to. Such is the
lesson of this very able book." Zachariah Chafee, Jr., Harvard Law
Review 32:979-83. Laski was a professor at Harvard at the time of
publication. He was Justice Holmes' protege and notes in his preface
that some of the ideas in this book were drawn from their
discussions. Their letters were later published (Howe, Mark DeWolfe,
Holmes-Laski Letters. The Correspondence of Mr. Justice Holmes
and Harold J. Laski, 1916-1935. Cambridge: Harvard University
Press, 1953. 2 vols).  
Laski,
Harold J. The
Foundations of Sovereignty and Other Essays. New York: Harcourt,
Brace and Company, 1921. xi, 317 pp. Reprinted 2003 by The Lawbook
Exchange, Ltd. LCCN 2002044372. ISBN 1-58477-330-8. Cloth. $80.
* This
influential study develops aspects of his theory of the state, ideas
he introduced in his first important publication, Authority in
the Modern State (1919). According to Laski, the state is not a
supreme entity, but is rather one association among many that must
compete for the people's loyalty and obedience.
Laski,
Harold J. Studies
in the Problem of Sovereignty. New Haven: Yale University
Press, 1917. x, 297 pp. Reprinted 2003 by The Lawbook Exchange,
Ltd. LCCN 2002024320. ISBN 1-58477-240-9. Cloth. New. $75.
* Laski
[1893-1950] was a teacher, political scientist, and leader of the
Labour Party. His ideas influenced the work of Felix Frankfurter and
Oliver Wendell Holmes, who were two of his closest friends. This
volume (his first) addresses aspects of the theory of the state, a
topic he developed further in Authority in the Modern State
(1919) and The Foundations of Sovereignty, and Other Essays
(1921). Laski's theoretical ideas are elaborated through examples
drawn from recent political and religious movements, such as the
Catholic Revival and the creation of the German Empire. He concludes
that the state is not a supreme entity, but is rather one
association among many that must compete for the people's loyalty
and obedience.
Launspach, Charles, W.L.
State And Family in Early Rome. London: George Bell And
Sons, 1908. xx, 288 pp. Reprinted 2005 by the Lawbook Exchange,
Ltd. ISBN-13: 978-1-58477-542-3. ISBN-10: 1-58477-542-4. Cloth.
$80.
* Charles W. L. Launspach, barrister
and member of the Inner Temple, argues that in its "infancy
and adolescence" early Rome was "a conscious imitation
of the ancient Gens or ancient Family, that its theory of government
was founded upon the relations existing between kinsmen, and that
these again, were determined by religious notions which later
became transformed through developments with the City and external
influences" (Foreword, v). The early state was neither a
democracy nor an autocracy because its roots were neither purely
economic nor political. When expansion and internal change drew
the Roman commonwealth away from its familial roots, the underlying
assumptions that had bound the state fragmented and the constitutional
order was gradually supplanted by more authoritarian structures.
Laussat,
Anthony. An
Essay on Equity in Pennsylvania.
Philadelphia: Published for the Institution, by Robert Desilver,
1826. vi, [7]-157, [2] pp. Reprinted 2002 by The Lawbook Exchange,
Ltd. LCCN 00-067115. ISBN 1-58477-139-9. Cloth. $60.
* Written
in 1825 and submitted as a dissertation to the Law Academy of
Philadelphia. Laussat [1806-1833], a Philadelphia lawyer, traces the
history of equity in the state, paying particular attention to the
influence of Quaker beliefs and English Common Law. Although the
work takes as its subject the law of equity in Pennsylvania, he
views equity in its most profound sense, as the foundation of moral
law. This study received high praise from Chancellor Kent, John
Marshall, and George Sharswood. Cohen, Bibliography of Early
American Law 4976.
Lauterpacht,
H[ersch]. The
Function of Law in the International Community. Oxford: Clarendon
Press, 1933. xxvi, 470 pp. Reprinted 2000 by The Lawbook Exchange,
Ltd. LCCN 00-022124. ISBN 1-58477-090-2. Cloth. $90.
*
Lauterpacht disputes the widely held viewpoint in the international
community that international law has inherent limitations and is
incapable of unification, and presents his treatise in a
well-researched technical format. "While on the surface Dr.
Lauterpacht's study is an analysis of the judicial process, it
embraces practically the whole philosophy of international law.
However, it is less the scope than the manner of handling the
subject which makes this book one of the most outstanding
contributions to the science of international law." Francis Deak,
Columbia Law Review
34:797. Marke, A Catalogue of the Law Collection at
New York
University
637.
Lauterpacht,
Sir Hersch. Private
Law Sources and Analogies of International Law: With Special Reference
to International Arbitration. London: Longmans, Green and
Co. Ltd., 1927. xxv, 325 pp. Reprinted 2002 by The Lawbook Exchange,
Ltd. LCCN 2001041399. ISBN 1-58477-184-4. Cloth. $75.
* A
scientific look at the practice of the use of private law for the
development of international law. Lauterpacht expands upon this
subject with a useful discussion of international arbitration and
international tribunals, and refers to numerous cases.
An English international lawyer
of Polish birth, Lauterpacht [1897-1960] offers a conception of his
subject shaped by academic research and practical experience. He was
Whewell Professor of International Law at Cambridge and a member of
the Institute of International Law and the British Academy. He also
served as a judge of the International Court of Justice and was a
Bencher of Gray's Inn. Walker, The Oxford Companion to Law
716. The Lawbook Exchange has also published a reprint of his other
noted work, The Function of Law in the International Community.
Lawrence,
T[homas] J[oseph].
The Society of Nations: Its Past, Present, and Possible Future.
New York: Oxford University Press, 1919. xi, 194 pp. Reprinted
2005 by the Lawbook Exchange, Ltd. ISBN-13: 978-1-158477-562-1.
ISBN-10: 1-58477-562-9. Cloth. New. $75.
* Lawrence [1849-1919] addresses the
possibility of a league of nations, which was a keenly debated
topic when he completed this book in October 1918. He believed
that such a league will come into being because "there is
a real Society of Nations, that...grew up by a gradual process
of evolution which can be followed historically,...and was on
the point of developing certain much needed judicial and legislative
organs when the present war brought about a crisis in its life....":
Introduction vi. After tracing its evolution and explaining how
the war was a result of deviations from its proper path, Lawrence
offers a set of proposals to create a successful league.
Leaming,
Aaron and Jacob Spicer.
The Grants, Concessions, and Original Constitutions of the
Province of
New Jersey: The Acts Passed During the Proprietary Governments,
and Other Material Transactions Before the Surrender Thereof to
Queen Anne The Instrument of Surrender, and Her Formal Acceptance
Thereof, Lord Cornbury's Commission and Instructions Consequent
Thereon, Collected by Some Gentlemen Employed By the General Assembly.
And Afterwards Published by Virtue of an Act of the Legislature
of the said Province With Proper Tables Alphabetically Digested,
Containing the Principal Matters in the Book.
Philadelphia: W. Bradford, [1881]. [vi], 763 pp. Reprinted 2002
by The Lawbook Exchange, Ltd. LCCN 2001050457. ISBN 1-58477-219-0.
Cloth. $135.
* Reprint
of the 1881 second edition. Originally printed by William Bradford
at Philadelphia in 1752. The work covers the years 1664-1702 and
contains the deeds and agreements of the proprietary period and Lord
Cornbury's commission and instructions as royal governor, together
with the laws passed before the surrender of the province to Queen
Anne. Includes laws regarding trade regulation, roads, militia,
livestock, courts, appointment of governors, Indians, negroes, civil
and religious freedom, Quakers, taxes, war, land grants, liquor
sales, freeholders, legislature, privileges and rights and
individuals, and more. The capital laws covered state that adultery,
rape witchcraft and conspiracy all were punishable by death. With an
index for East Jersey and an index for West Jersey.
Lefroy,
A[ugustus] H.F.
Canada's Federal System: Being a Treatise on Canadian Constitutional
Law. Toronto: Carswell Co., 1913. lxvii, 898 pp. Reprinted
2006 by The Lawbook Exchange, Ltd. ISBN-13 978-1-58477-591-1.
ISBN-10: 1-58477-591-2. Cloth. $150.
* This is a detailed commentary on
the constitution that governed present-day Canada from its creation
under the British North America Act of 1867, which established
its place in the British Empire, to its modernization under the
Constitution Act of 1982, which granted its complete political
independence. The foremost interpreter of the Canadian constitution
in his day, Lefroy [1852-1919] was an important Canadian jurist
who helped to draft several important amendments to Canada's constitution.
[Legal
Manual]. Conductor
Generalis, or The Office, Duty and Authority of Justices of the
Peace, High Sheriffs, Under-Sheriffs, Goalers, Coroners, Constables,
Jury Men, Over-seers of the Poor, and also The Office of Clerks
of Assiza And of the Peace &c. Collected out of all the Books
hitherto written on those Subjects, whether of Common or Statute
Law. To which is added, A Collection out of Sir Matthew Hales
concerning The Descent of Lands. The Whole Alphabetically Digested
Under the Several Titles, With a Table Directing to the Ready
finding out Proper Matter under those Titles. Philadelphia:
Printed and Sold by Andrew Bradford, 1722. [8], xii, 232 pp.
[with]
The
Office, Duty and Authority of Sheriffs, How and in what Manner to
execute the same, according to the Common and Statute Laws of
Great-Britain, which are now in Force and Use. Likewise, Of
Under-Sheriffs and their Deputies; and where the High-Sheriff shall
be answerable for their Defaults, and where not, &.
Philadelphia: Andrew Bradford, 1722. [233]-299, [1] pp. Reprinted
2002 by The Lawbook Exchange, Ltd. LCCN 00-058810. ISBN-13:
978-1-58477-123-4. ISBN-10: 1-58477-123-2. Cloth. $80.
* The
office of justice of the peace was an English institution
transplanted to the American colonies. Soon after the arrival of the
institution, it became apparent that some sort of vade mecum
or manual outlining the essentials of the job would be useful to
those numerous officials who needed the help these quick reference
manuals could provide. First published in 1711, the Conductor
Generalis was the first of these, and it was issued by various
printers in numerous large print run editions. Printed in
Philadelphia by the colonial printer Andrew Bradford and issued with
the Sheriff's manual (1721) paginated consecutively.
With
New Introduction by Samantha Power
Lemkin,
Raphael. Axis
Rule in Occupied Europe: Laws of Occupation, Analysis of Government,
Proposals for Redress. Washington: Carnegie Endowment for
International Peace, Division of International Law, 1944. xxxviii,
674 pp. With a new introduction by Samantha Power, lecturer in
public policy at Harvard's John F. Kennedy School of Government
and author of "A Problem from Hell": America and
the Age of Genocide, winner of the 2003 Pulitzer Prize. Reprinted
2005 by The Lawbook Exchange, Ltd. ISBN 1-58477-576-9. Cloth.
$125.
* A title in The Lawbook Exchange
series, Foundations of the Laws of War, General Editor
Joseph Perkovich. In this pathbreaking study Polish emigre Raphael
Lemkin [1900-1959] coined the term "genocide" and defined
it is a subject of international law. While the term has come
to mean the extermination of a people, Lemkin used it to describe
all programs that sought to increase "Aryan" birthrate
while working to exterminate the social, cultural and economic
independence of non-Germanic peoples. This study was an elaboration
of ideas he first proposed in 1933 in his address to the Fifth
International Conference for the Unification of Penal Law (1933),
which argued that attacks on racial, religious and ethnic groups
should be considered international crimes. Important for the prosecution
of the Nazis, it helped to establish the framework for all subsequent
efforts to punish crimes against humanity.
Levi, Leone. International Law, with Materials for a Code of International Law. New York: D. Appleton and Company, 1888. xii, 346 pp. Reprint available January 2007 by The Lawbook Exchange, Ltd. ISBN-13:978-1-58477-678-9. ISBN-10: 1-58477-678-1. Cloth. $95.
* Reprint of the sole edition. Levi was a noted English jurist and statistician, and one of the pioneers in the field of comparative law.
Lewis,
Timothy. A Glossary
of Mediaeval Welsh Law, Based Upon the Black Book of Chirk.
Manchester, University Press, 1913. xxi, [1], 304 pp. Reprint
available August 2006 by The Lawbook Exchange, Ltd. ISBN-13: 978-1-58477-644-4.
ISBN-10: 1-58477-644-7. Cloth. $95.
* An excellent reference for students
of early legal sources in the Atlantic isles, this dictionary
is based on an early manuscript of laws in the north Welsh dialect.
It contains an extract from the Welsh text following the definition
of each word. Examples from other texts, included extra-legal
ones, are given as well.
Lieber,
Francis. Instructions
for the Government of Armies of the United States in the Field.
Washington: Government Printing Office, 1898. 51 pp. [With]
Lieber, Francis. Guerilla Parties Considered with Reference
to the Laws and Usages of War. New York: D. Van Nostrand,
1862. 22 pp. With a new introduction by Steve Sheppard. Reprinted
2005 by The Lawbook Exchange, Ltd. ISBN 1-58477-526-2. Cloth.
$60.
* A title in the Lawbook Exchange
series Foundations of the Laws of War, General Editor Joseph Perkovich.
Known officially as General Orders No. 100, Lieber's code (1863)
was the first of its kind. The foundation of the modern international
law of war, it served as the model for several European military
codes and was an important source for the second and fourth Hague
Conventions (1899, 1907). It was an authority during the Nuremberg
and Tokyo war crime trials. Its use by the framers of the 1998
Rome Treaty, which established the International Criminal Court,
demonstrates its lasting value in our time. Indeed, with only
a handful of modifications it is used by the U.S. Military today.
This edition, printed by the Adjutant General for use in the Spanish-American
War, is unchanged from the original. Our reprint is enriched with
an insightful new preface by Professor Steve Sheppard of the University
of Arkansas School of Law.
Lieber,
Francis. Legal
and Political Hermeneutics, or Principles of Interpretation and
Construction in Law and Politics, with Remarks on Precedents and
Authorities. Enlarged Edition. Boston: Charles C. Little and
James Brown, 1839. xii, [13]-240 pp. Reprinted 2002 by The Lawbook
Exchange, Ltd. ISBN 1-58477-226-3. Cloth. $65.
* "The
Hermeneutics was intended as a chapter of his Political Ethics, but
became so extended that it was published separately. His distinction
between interpretation and construction had great influence among
legal writers of his day. The first is 'the art of finding out the
true sense of any form of words' (...) in the sense which the author
intended to convey, while construction is the drawing of conclusions
respecting subjects that lie outside the direct expression of the
text. Constitutions should be construed closely, he holds, since
their words have been carefully weighed. The treatise received high
commendation from Chancellor Kent, Henry Clay, Rufus Choate, and
others." (DAB).
Lieber was a Prussian scholar
and political activist who was persecuted for his liberalism. He
emigrated to the United States in 1827, and his writings, among them
an encyclopedia that was the foundation of the Encyclopedia
Britannica, advanced his reputation. He became professor of history
and political economy at South Carolina College, and was later
appointed to the same chair at Columbia College. In 1865 he moved to
Columbia Law School, where he was renowned as a prominent political
philosopher. Dictionary of American Biography VI: 236-237.
[Lieber,
Francis]. Perry, Thomas Sergeant, Editor.
The Life and Letters of Francis Lieber. Boston: James R.
Osgood and Company, 1882. iv, 439 pp. Reprint available July 2006
by the Lawbook Exchange, Ltd. ISBN-13: 978-158477-682-6. ISBN-10:
1-58477-682-X. Cloth. $125.
* Written with the participation of
Lieber's wife, this biography is a compilation of excerpts from
Lieber's letters and journals with connecting biographical sections
by Perry. Though it was superseded in by Frank Freidel's Francis
Lieber, Nineteenth-Century Liberal, which is available as
a Lawbook Exchange Reprint, Perry's study retains certain advantages.
In addition to its input from Lieber's widow the book reprints
excerpts from Lieber's journals and some letters that are not
available elsewhere.
Lieber,
Francis. Manual
of Political Ethics, Designed Chiefly for the Use of Colleges
and Students at Law. Second Edition, Revised. Edited by Theodore
D. Woolsey. Philadelphia: J.B. Lippincott Company, 1890. Two volumes.
Reprinted 2003 by The Lawbook Exchange, Ltd. LCCN 2002044392.
ISBN-13: 978-1-58477-345-0. ISBN-10: 1-58477-345-6. Cloth $160.
* Reprint
of second edition. First published in 1838 and 1839, Lieber's
Manual of Political Ethics, a comprehensive theory of the state,
is one of his most significant and influential works. It was one of
the first treatises on political science, and the first written in
the United States. Strongly influenced by German Idealism, it argues
that the state is the ultimate expression of humanity's ancient
quest for moral, ethical and spiritual fulfillment. As much a work
of advocacy as it is of theory, it urges the reader to consider the
moral obligations that arise from his participation in government
and other civil institutions. Lieber's influence as an educator will
make the work of interest to scholars of legal education as well as
students of law and government. Theodore D. Woolsey [1801-1889], a
professor at Yale (and later its president), was one of the founding
fathers of American political science.
Lieber,
Francis. Miscellaneous
Writings. Philadelphia: J.B. Lippincott & Co., 1881. Two
volumes. Reprinted 2003 by The Lawbook Exchange, Ltd. LCCN 2002025955.
ISBN 1-58477-251-4. Cloth. $200.
* Volume
I: Reminiscences, Addresses and Essays. Volume II: Contributions to
Political Science: Including Lectures on the Constitution of the
United States and Other Papers. Francis Lieber [1798-1872], a
distinguished professor at Columbia College and Columbia Law School,
made several important contributions to constitutional law,
international law, military law and political science in his
Legal and Political Hermeneutics (1839), On Civil Liberty and
Self-Government (1859), Code for the Government of the Armies of
the U.S. (1863) and other writings. These are the primary topics of
this collection of unpublished writings, published essays and
speeches. One will also find several interesting pieces on
educational policy, studies of Washington, Napoleon and Alexander
von Humboldt and reminiscences of the historian Barthold George
Niebuhr and the Battle of Waterloo. With an introduction by Johann
Caspar Bluntschli [1808-1881], the noted Swiss scholar of
constitutional and international law, and a chronological list of
Leiber's writings.
Lieber,
Francis. On
Civil Liberty and Self-Government. Enlarged edition in one volume.
Philadelphia: J.B. Lippincott & Co.. 1859. xix, [15]-629 pp.
Reprinted 2001 by The Lawbook Exchange, Ltd. LCCN 99-056928. ISBN
1-58477-070-8. Cloth. $100.
* "In
these volumes Lieber presented the first systematic works on
political science that appeared in America... he retains credit as a
notable pioneer with wide influence in more than one generation."
DAB VI:236-238. Widely read and used as a textbook, this is the
best known of Lieber's work. Lieber [1800-1872], a German scholar
and political activist who suffered persecution from the Prussians,
was early associated with the historian Niebuhr. He immigrated to
the United States in 1827, and his writings, among them an
encyclopedia that was the foundation of the Encyclopedia
Britannica, advanced his reputation. He became professor of
history and political economy at South Carolina College, and was
later appointed to the same chair in Columbia College. In 1865 he
moved to Columbia Law School, where he was known to be a prominent
political philosopher and consultant to the Union government, due to
his influential writings on military law. Enlarged edition in one
volume, having first been published in two volumes in 1853. Cohen,
Bibliography of Early American Law 3369. Sabin, A
Dictionary of Books Relating to America 40974. Catalogue of
the Library of the Law School of Harvard University (1909)
I:1176. Dictionary of American Biography VI:236-238.
Lincoln,
Charles Z. The
Civil Law and the Church. New York: The Abington Press, [1916].
lii, 951 pp. Reprinted 2005 by The Lawbook Exchange, Ltd. ISBN
1-58477-474-6. Cloth. $165.
* A powerful resource for students
of church-state relations, this book is a detailed compilation
of principal judicial decisions rendered by the courts of Great
Britain, Canada, and the United States that deal with questions
relating to religious matters, religious societies, and civil
matters with religious aspects. Arranged by denomination and topic,
it includes such chapters as "Arbitration," "Bible,"
"Civil Courts," "Deacons," "Jews,"
"Presbyterian Church," "Salvation Army," "Sunday"
and "Unitarians." With a table of cases and a thorough
index.
New York Colonial Laws, 1664-1775:
From Bradford to Gaine
[Lincoln,
Charles Z[ebina], Johnson, William H., Northrup, A[nsel] Judd].
The Colonial Laws of New York from the Year 1664 to the Revolution,
Including the Charters to the Duke of York, The Commissions and
Instructions to Colonial Governors, The Duke's Laws, The Laws
of the Dongan and Leisler Assemblies, The Charters of Albany and
New York and the Acts of the Colonial Legislatures from 1691 to
1775 Inclusive. Transmitted to the legislature by the Commissioners
of Statutory Revision, Pursuant to Chapter 125 of the Laws of
1891. Albany: James B. Lyon, 1894. Five volumes. Reprint available
March 2006 by The Lawbook Exchange, Ltd. ISBN-13: 978-1-58477-596-6.
ISBN-10: 1-58477-596-3. $795.
* Reprint of the first edition. With
indexes. An excellent resource for students of colonial law, this
is a complete compilation of New York colonial laws. It contains
complete texts of all acts printed in every compilation from the
1694 edition by Bradford to the 1775 edition by Hugh Gaine. These
texts have been compared and corrected in reference to the original
parchment law-rolls in the state library. This collection provides
unparalleled insights into the colony's legal, political and social
history.
Lingelbach,
W.E. The Merchant
Adventurers of England: Their Laws and Ordinances with Other Documents.
Philadelphia: The Department of History of the University of Pennsylvania,
[1902]. xxxix, 260 pp. Reprinted 2005 by The Lawbook Exchange,
Ltd. ISBN 1-58477-442-8. Cloth. $80.
* With detailed notes and an extensive
introduction. Chartered by the crown in 1474, the Merchant Adventurers
was England's preeminent regulated international trading company
until the early nineteenth century. This source book collects
eighteen substantial documents written between 1407 and 1805,
the most important years of the society's history. This group
includes the Charter of 1407, extracts from the Charter of Edward
IV (1462) and the Laws and Ordinances of 1608. Taken together,
these records form one of the most detailed pictures of business
organizations and methods during the later Tudor, the Stuart,
and the early Hanoverian eras.
Littleton, Thomas, Sir. Tomlins, T[homas] E[dlyne], Editor. Lyttleton, His Treatise of Tenures, in French and English. A New Edition, Printed From the Most Ancient Copies, And Collated With the Various Readings of the Cambridge MSS. To Which Are Added The Ancient Treatise of the Olde Tenures, And the Customs of Kent. London: S. Sweet, 1841. lv, [1], 727 pp. Reprint available June 2006 by The Lawbook Exchange, Ltd. ISBN-13: 978-1-58477-630-7. ISBN-10: 1-58477-630-7. Cloth. $135.
* With index. Parallel text in Law-French and English. Written during the reign of Edward IV [1442-1483], Littleton's Tenures was much admired for its learning and style. It is concerned with the doctrines of old English Common Law regarding the tenures of real estate as well as issues related to real property. This venerable work, which Coke called "the ornament of the Common Law, and the most perfect and absolute work that ever was written in any humane science," is a considered a landmark because it renounced the principles of Roman law in favor of a set of guidelines and doctrines drawn from the Year Books, and when necessary, hypothetical cases. Littleton [1402-1481] was a King's Serjeant, Judge of Assize and Justice of the Common Pleas. Tomlins [1804-1872] was a notable legal writer and antiquarian. His is best known for his Popular-Law Dictionary (1838). (He is confused sometime with his uncle, Sir Thomas Edlyne Tomlins, the prolific legal writer and editor of the later editions of Jacob's Law-Dictionary.)
Livermore, Samuel. A Treatise on the Law Relative to Principals, Agents, Factors, Auctioneers, and Brokers. Boston: Printed by Thomas B. Wait and Co., 1811. xii, 200 pp. Reprint available April 2007 by The Lawbook Exchange, Ltd. ISBN-13: 978-58477-729-8. ISBN-10: 1-58477-729-X. Cloth. $95.
* Reprint of the sole edition and the first work "of its kind done in America", Cohen 1617.
Livingston,
Edward. A System
of Penal Law, for the State of Louisiana: Consisting of A Code
of Crimes and Punishments, A Code of Procedure, A Code of Evidence,
A Code of Reform and Prison Discipline, A Book of Definitions.
Prepared Under the Authority of a Law of the Said State. To Which
are Prefixed a Preliminary Report on the Plan of a Penal Code,
and Introductory Reports to the Several Codes Embraced in the
System of Penal Law. Philadelphia: James Kay, Jun. & Brother,
1833. v, 745 pp. Reprinted 1999 by The Lawbook Exchange, Ltd.
LCCN 99-11403. ISBN 1-886363-83-8. Cloth. $110.
* A
comprehensive system of criminal law which, while not adopted in the
United States, is still influential today because it is the first
complete penal code built on Jeremy Bentham's principles of
codification. Hicks marvels at the scope of this code and notes that
Bentham, Hugo, Lafayette, Story, Marshall, Madison, Kent and
Jefferson were compelled by "the most comprehensive and enlightened
system of criminal law that has ever been presented to the world." Smith. Columbia Law Review 2:32. Hicks 180. From a penal
standpoint the code is important as well not only in terms of its
completeness and order, but from its perspective of the advancement
of crime prevention over punishment. Livingston [1764-1836] was a
senator from Louisiana and later a member of Andrew Jackson's
cabinet. Dictionary of American Biography VI: 309-12.
Locke,
John [1632-1704].
Two Treatises of Government: In the Former, The False Principles
and Foundation of Sir Robert Filmer, and His Followers, are Detected
and Overthrown. The Later is an Essay Concerning the True
Original, Extent, and End of Civil Government. London: Printed
for Awnsham and John Churchill, 1698. [6], 358 pp. Reprinted 2006
by The Lawbook Exchange, Ltd. ISBN-13: 978-1-58477-602-4. ISBN-10:
1-58477-602-1. Cloth. $85.
* Reprint of the third edition. "[Locke]
has two purposes in view: to refute the doctrine of the divine
and absolute right of the Monarch, as it had been put forward
by Robert Filmer's Patriarcha, and to establish a theory
which would reconcile the liberty of the citizen with political
order. (...) The constructive doctrines which are elaborated in
the second treatise became the basis of social and political philosophy
for generations. Labor is the origin and justification of property;
contract or consent is the ground of government and fixes its
limits. Behind both doctrines lies the idea of the independence
of the individual person. The state of nature knows no government;
but in it, as in political society, men are subject to the moral
law, which is the law of God. Men are born free and equal in rights.":
Internet Encyclopedia of Philosophy.
Lockwood,
Frank. The
Law and Lawyers of Pickwick. London: The Roxburghe Press,
[1910?] 108 pp. Reprinted 2002 by The Lawbook Exchange, Ltd. ISBN
1-58477-231-X. Cloth. $55.
* With a
frontispiece of Serjeant Buzfuz by the author. A pleasant Dickensian
diversion spiced with a wry sense of humor, The Law and Lawyers
of Pickwick offers an account of one of the most famous legal
cases in English literature: Bardell v. Pickwick. Lockwood
[1847-1897] observes that Mr. Pickwick would have fared even worse
under the modern law of evidence, which would have given Buzfuz an
opportunity to prepare a devastating cross-examination. This volume
originated as a lecture delivered at Morley Hall, Hackney, in 1893
that was attended by Henry Fielding Dickens, the author's son and an
attorney. His reply, which is included here, indicates his warm
approval of Lockwood's thesis.
Loeb,
Isidor. The
Legal Property Relations of Married Parties: A Study in Comparative
Legislation. New York: Columbia University Press, 1900. 197
pp. Reprinted 2004 by The Lawbook Exchange, Ltd. ISBN-13: 978-1-58477-421-1.
ISBN-10: 1-58477-421-5. Cloth. $80.
* A title
in Columbia's important series Studies in History, Economics and
Public Law, this monograph is based on a doctoral thesis in
jurisprudence written under the direction of E.R.A. Seligman and
Frederick Hicks. Using examples from late-nineteenth century
American and European legislation and codes, Loeb examines how
industrial capitalism, urbanization and new ideas about the status
of women and children during the late nineteenth century affected
the field of matrimonial property relations, one of the oldest and
most conservative areas of the law. His general observations are
followed by detailed sections on changes in the areas of marriage
and legal capacity, matrimonial property systems and the succession
of married parties.
Lorimer,
James. The
Institutes of the Law of Nations: A Treatise of the Jural Relations
of Separate Political Communities. Edinburgh: William Blackwood
and Sons, 1883, 1884. Two volumes. Reprinted 2005 by the Lawbook
Exchange, Ltd. ISBN 1-58477-516-5. Cloth. $250.
* Lorimer [1818-1890] was Regius Professor
of Public Law at the University of Edinburgh and a founder of
the Institute of International Law. Critical of utilitarianism,
he proposed a system of public international law based on the
law of nature. It is most notable, however, for its elitism, racism
and support of colonialism. Since he believed in a hierarchy of
nations based on cultural attainment, he rejected the principle
of comity in international relations as a sufficient basis for
international law. He used this point to defend the right of "civilized"
nations to ignore the sovereignty of their "primitive"
counterparts. Influential in Europe, this treatise offered a sophisticated
argument that stoked the ambitions of continental imperialists.
Luce,
Robert. Legislative
Principles: The History and Theory of Lawmaking by Representative
Government. Boston: Houghton Mifflin Company, 1930. vi, 667
pp. Reprint available March 2006 by The Lawbook Exchange, Ltd.
ISBN-13: 978-1-58477-543-0. ISBN-10: 1-58477-543-2. Cloth. $125.
* In this remarkable work Luce [1862-1946]
elucidates the often complex relations between legislatures and
the law. He then addresses the nature, origin and development
of law, representative institutions and organic law as embodied
in the U.S. Constitution, constitutional conventions and statute
law. Luce was a member of the Massachusetts General Court, Lieutenant-Governor
and member of Congress. An expert on legislative government, he
was also a member of the Massachusetts Constitutional Convention
of 1917-1919.
Luce,
Robert. Legislative
Problems: Development, Status, and Trend of the Treatment and
Exercise of Lawmaking Powers. Boston: Houghton Mifflin, 1915.
vi, 762 pp. Reprint available March 2006 by The Lawbook Exchange
Ltd. ISBN-13: 978-1-58477-544-7. ISBN-10: 1-58477-544-0. Cloth.
$125.
* Recommended by James Willard Hurst
in The Growth of American Law, this book examines several
issues that relate to the difficulties inherent in establishing
and operating legislatures in republican systems including the
separation of powers, judges as legislators, the veto power, the
rise of the executive, the budget, and administrative legislation.
Luce was a member of the Massachusetts General Court, Lieutenant-Governor
and member of Congress. An expert of Legislative Government, he
was also a member of the Massachusetts Constitutional Convention
of 1917-1919. Hurst, The Growth of American Law (1950)
451.
[Macaulay,
Thomas Babington].
A Penal Code Prepared by the Indian Law Commissioners, and
published by Command of the Governor General of India in Council.
London: Pelham Richardson, Cornhill, 1838. viii, 138 pp. Reprinted
2002 by The Lawbook Exchange, Ltd. LCCN 99-16486. ISBN 1-58477-018-X.
Cloth. $65.
*
Considered to be one of the greatest codes of law ever written, this
important code shows the practical influence of Bentham. At the time
of its drafting, the dominant East India Company's regulations
conflicted with Muslim and Hindu law, and the common law itself,
providing a chaotic landscape ripe for Macaulay's order and clarity.
Macaulay [1800-1859], a British colonialist, member of Parliament
and author of many renowned works including the History of
England, was president of the Indian Law Commission and composed
most of the code himself. This volume is a reprint of the London
edition that was reprinted from the Calcutta edition of the original
text of the Penal Code as issued by the Indian Law Commission,
October 14, 1837.
[MacDonell,
Sir John and Edward Manson].
Great Jurists of the World. Edited by Sir John MacDonell
and Edward Manson. With an Introduction by Van Vechten Veeder.
Boston: Little, Brown, and Company, 1914. Illustrated. xxxii,
607 pp. Reprinted 1997 by The Lawbook Exchange, Ltd. LCCN 97-8298.
ISBN 1-886363-28-5. Cloth. $125.
*
Originally published under the auspices of the Association of
American Law Schools in the Continental Legal History Series.
(1914). Ranging over a period of two thousand years, the work covers
the lives and chief works of selected eminent jurists such as Gaius,
Papinian, Domitius Ulpian, Bartolus, Andrea Alciati and his
Predecessors, Jacques Cujas, Albericus Gentilis, Francis Bacon, Hugo
Grotius, John Selden, Thomas Hobbes, Richard Zouche, Jean Baptiste
Colbert, Gottfried Wilhelm von Liebnitz, Samuel von Puffendorf,
Giovanni Battista Vico, Cornelius van Bynkershoek, Charles Louis de
Secondat, Robert Joseph Pothier, Emerich de Vattel, Caesar Bonesana,
William Scott, Jeremy Bentham, Carl Joseph Anton Mittermaier,
Freidrich Carl von Savigny, and Rudolph von Jhering.
Mackenzie,
Sir George. The
Laws and Customes of Scotland, in Matters Criminal. Wherein is
to be Seen How the Civil Law and the Laws and Customs of Other
Nations do Agree with and Supply Ours. Edinburgh: Printed
by George Swintoun, 1678. [xiv], 581 pp. With New (2005)
introduction by James Chalmers, Christopher Gane, and Fiona Leverick.
Reprinted 2005 by The Lawbook Exchange, Ltd. ISBN 1-58477-605-6.
Cloth. $150.
* Reprint of the first edition of
one of the earliest systematic studies of the criminal law. Sir
George MacKenzie of Rosenhugh [1636-1691], "became notable
for his resistance to the pretensions of the Crown, but in 1677,
he was made Lord Advocate and in the next few years prosecuted
and persecuted Covenanters with such zeal as to earn the title
'The Bloody Mackenzie.' In many cases he strained the law so as
to obtain a conviction.": Walker, Oxford Companion to
Law 792. He is also well-known for having founded the Advocates
Library, now the National Library of Scotland. In contrast to
Mackenzie's behavior on the bench, the Laws and Customes is notably
moderate, especially in the sections dealing with witchcraft.
Madden,
Marie R. Political
Theory and Law in Medieval Spain. New York: Fordham University
Press, 1930. xv, 198 pp. Reprinted 2005 by The Lawbook Exchange,
Ltd. ISBN 1-58477-497-5. Cloth. $80.
* Madden explores political theory
and governmental organization during one of the richest periods
of Spanish history. Along with keen discussions of such important
landmarks as the doctrines of St. Isidore of Seville, the Costumbres
of Tortosa, the Usatges of Barcelona and Las Siete Partidas, Madden
analyzes the influence of Roman law and the administrative machinery
of the king, municipalities and Cortes.
[Madison,
James]. Hunt, Gaillard and James Brown Scott.
The Debates in The Federal Convention of 1787 Which Framed
the Constitution of the United States of America. New York:
Oxford University Press, 1920. xcvii, [1], 731 pp. Reprinted 1999
by The Lawbook Exchange, Ltd. LCCN 98-51911. ISBN 1-886363-77-3.
Cloth. $110.
* Part I
contains the texts of the antecedents of the Federal Convention of
1787, including the Resolution of the General Assembly of
Virginia... to Recommend a Plan for Regulating Commerce, Proceedings
of Commissioners to Remedy Defects of the Federal Government... and
biographical descriptions of those individuals involved in the
Convention. Part II contains James Madison's notes on the text of
the debates of the Federal Convention, by date, and an appendix
containing text of relevant documents. Part III includes various
related texts such as the text of the Constitution, text of
documents proclaiming its ratification by each of the thirteen
colonies, text of the first ten amendments and related resolutions.
There is an index to Madison's Notes of Debates and Appendix
thereto. "Every American who wishes really to understand the
principles of the Constitution should, of course, read the Notes of
Debates in the Federal Convention made by James Madison." Warren,
The Making of the Constitution vii-ix. Marke, A Catalogue of
the Law Collection at New York University (1953) 381. The
inclusion of the attendant documents make this volume a valuable
source for the reading of Madison's notes.
[Madison,
James]. Journal
of the Federal Convention Kept by James Madison. Special Edition.
Edited by E.H. Scott. Chicago: Scott, Foresman and Co., 1898.
805 pp. Reprinted 2003 by The Lawbook Exchange, Ltd. LCCN 2002024327.
ISBN 1-58477-256-5. Cloth. $110.
*
Founding father (and fourth President of the United States) James
Madison [1751-1836] appreciated the significance of the Federal
Convention and took great care to compile an accurate report of its
proceedings. His journal, which covers the period from May 14 and
September 17, 1787, is often referred to as "The Madison Papers" or
"Madison's Notes." It remains the most complete record of the
proceedings, which were held behind closed doors. This volume is
based on the edition of 1840, which was published by the United
States government from Madison's original manuscripts under the
direction of President Andrew Jackson who authorized payment of the
sum of "thirty thousand dollars" (Preface, 4) to Mrs. Madison, which
later passed as an Act of Congress for the reduced sum of "five
thousand dollars," (Preface, 5) still an exorbitant amount
reflecting their comprehension of the historical significance of the
notes to the nation. The volume also includes the text of another
manuscript that traces the history of American constitutionalism
from 1754 to 1787. This edition with E.H. Scott's complete "general
and analytical" index.
[Madison,
James]. [Jefferson, Thomas].
The Virginia Report of 1799-1800, Touching the Alien and Sedition
Laws; Together with the Virginia Resolutions of December 21, 1798,
the Debate and Proceedings Thereon in the House of Delegates of
Virginia, and Several Other Documents Illustrative of the Report
and Resolutions. Richmond: J.W. Randolph, 1850. [vii]-xvi,
[17]-264 pp. 1824. xix, 627 pp. Reprinted 2003 by The Lawbook
Exchange, Ltd. LCCN 2003052759. ISBN 1-58477-374-X. Cloth. $85.
* The
Virginia Resolutions were written by James Madison [1751-1836]
and were adopted by the Virginia legislature in 1798. The
Kentucky Resolutions were written by Thomas Jefferson
[1743-1826] and Adopted by the Kentucky legislature in 1798. Both
opposed the passage of the Alien and Sedition Acts, and initiated a
debate about the respective powers of the federal government and
states. Their doctrines had a profound effect on the debates that
led to the Civil War. Madison's Virginia Report was a resolution
supporting freedom of the press. This edition collects these three
works, and adds the texts of the Alien and Sedition acts, comments
from other states and relevant extracts from Madison's letters.
Mahan,
A.T. Armaments
and Arbitration or The Place of Force in the International Relations
of States. New York: Harper & Brothers, 1912. 260 pp.
Reprinted 2004 by The Lawbook Exchange, Ltd. LCCN 2003056439.
ISBN 1-58477-389-8. Cloth. $85.
* A
collection of influential essays, some originally published in The
North American Review from 1911 to 1912, offer an examination of the
factors involved in the use of force vs. the use of law in
international disputes. Mahan argues "that neither arbitration in
the more specific form of judicial decision based upon a code of
law, can always take the place, either practically or beneficially,
of the processes and results obtained by the free play of natural
forces" (Preface). With particular attention to maritime forces and
navies, he also discusses the role of sea power in the Pacific, the
Panama Canal, the Naval War College, and questions whether Panama
was "a chapter of national dishonor" (218).
Maitland,
Frederic William.
The Constitutional History of England. A Course of Lectures
Delivered. Cambridge: Cambridge University Press, 1908. xxviii,
547 pp. Reprinted 2001 by The Lawbook Exchange, Ltd. LCCN 00-068895.
ISBN 1-58477-148-8. Cloth. $95.
*
Although Maitland reportedly never desired these lectures to be
published, they have long been regarded by scholars as among the
best of introductions to the subject. They cover the period from
1066 to the end of the nineteenth century, but rather than a
narrative historical format, focus on describing the work of the
constitution during five distinct periods in English history (1307,
1509, 1625, 1702, 1887). The lectures were delivered in the winter
of 1887 and spring of 1888, and provide an entry to some of the
major concepts he later expounded on in his seminal work written
with Sir Frederick Pollock, The History of English Law. This
volume was compiled and edited two years after Maitland's death by
one of his students, Herbert A.L. Fisher. Marke, A Catalogue of
the Law Collection at New York University (1953) 367.
Maitland,
Frederic William.
English Law and the Renaissance (The Rede Lecture for 1901)
with Some Notes. Cambridge: at the University Press, 1901.
98 pp. Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN 99-41654.
ISBN 1-58477-034-1. Cloth. $60.
*
"Professor Maitland's Rede Lecture is exactly what an exoteric
lecture addressed by a specialist to a mixed audience ought to be-
an interesting discourse with plenty of illustration and anecdote,
and not too much pressing of any definite argument. The general
thesis, however, is clear enough to students of legal history." The
notes are full of curious and amusing matters, and almost as good
reading as the text." Law Quarterly Review 18:98. Marke, A
Catalogue of the Law Collection of New York University (1953)
142.
[Maitland,
Frederic William].
A General Survey of Events, Sources, Persons & Movements in
Continental Legal History.
By Various European Authors. With an introduction by Albert
Kocourek. Boston: Little, Brown, 1912. liii, 754pp. Reprinted
1998 by The Lawbook Exchange, Ltd. LCCN 98-11159. ISBN 1-886363-47-1.
Cloth. $110.
*
Originally published as part of The Continental Legal History Series
under the auspices of the Association of American Law Schools. A
survey of legal history in Western Europe from medieval to modern
times, the work includes translations into English from leading
authorities on European legal history such as Carlo Calisse, Jean
Brissaud, Heinrich Brunner, Richard Schroeder, Rafael Altimara and
Frederic W. Maitland.
Maitland,
F[rederic] W. Justice
and Police. London: Macmillan and Co., 1885. viii, 176 pp.
Reprinted 2006 by The Lawbook Exchange, Ltd. ISBN 1-58477-584-X.
Cloth. $75.
* Reprint of the first book by Maitland
[1850-1906]. Written for the layman, it is far more than a traditional
overview. By discussing justice and police together Maitland offers
a stimulating definition of his subject as "those institutions
and processes whereby the country's law is enforced" (Preface).
"Maitland's study was characterized by an originality of
approach, a freedom from academic pretension and a simplicity
of style that made it a stimulating and suggestive discussion
of the intricacies of criminal law administration in England during
the 1st quarter of the nineteenth century.": Columbia
Law Review 29:847 cited in Marke, A Catalogue of the Law
Collection at New York University (1953) 190.
Maitland,
Frederic William.
Roman Canon Law in the Church of England: Six Essays. London:
Methuen & Co., 1898. vii, 184 pp. Reprinted 1998 by The Lawbook
Exchange, Ltd. LCCN 98-22357. ISBN 1-886363-57-9. Cloth. $65.
* Reprint
of six essays that proclaim the authority of Roman canon law over
the English Ecclesiastical Courts. These essays were originally
published in the English Historical Review and Law
Quarterly Review. Catalogue of the Library of the Law School
of Harvard University (1909) II:38. Marke, A Catalogue of the
Law Collection of New York University (1953) 131.
Maitland,
Frederic William and Francis C. Montague. A
Sketch of English Legal History.
Edited with Notes and Appendices by James F. Colby. New York:
G.P. Putnam's Sons, 1915. x, 234pp. Reprinted 1998 by The Lawbook
Exchange, Ltd. LCCN 98-11337. ISBN 1-886363-50-1. Cloth. $50.
* In this
work Professor Colby has gathered, annotated and arranged into a
sequential history of English law numerous essays by Maitland and
Montague.
Malden,
Henry Elliot, Editor.
Magna Carta Commemoration Essays. With a Preface by the
Rt. Hon. Viscount Bryce. [London]: For the Royal Historical Society,
1917. xxxi, 310 pp. Reprinted 2005 by The Lawbook Exchange, Ltd.
ISBN-13: 978-1-58477-436-5. ISBN-10: 1-58477-436-3. Cloth. $80.
* This collection of ten essays in
honor of the 700th anniversary of Magna Carta was commissioned
by the Royal Historical Society in 1915. Its contents include
"Clause 39" by Sir Paul Vinogradoff, "Per Iudicum
Parium Vel Per Legem Terrae" by F.M. Powicke, "Magna
Carta and the Common Law" by Charles Howard McIlwain and
"The Influence of Magna Carta on American Constitutional
Development" by H.D. Hazeltine.
Maltby,
Isaac. A Treatise
on Courts Martial and Military Law: Containing an Explanation
of the Principles Which Govern Courts Martial and Courts of Inquiry,
Under the Authority of an Individual State, and of the United
States, in war and peace. The powers and Duties of Individuals
in the Army, Navy, and Militia; and the Punishments to Which They
May be Liable, Respectively, for violations of Duty. The Necessary
Forms for Calling, Assembling, and Organizing Courts Martial,
and All Other Proceedings of Said Courts. Boston: Printed
by Thomas B. Wait and Co., 1813. [viii], 272 pp. Reprinted 2005
by The Lawbook Exchange, Ltd. ISBN 1-58477-508-4. Cloth. $95.
* Reprint of the first edition of
an early American work on military law and courts martial. Based
principally on legal and military American sources, it includes
a series of twenty-two appendices. The first (and most extensive)
contains the American Articles of War adopted in 1806, which outline
the procedures for a court martial. Maltby [1767-1819], a member
of the Massachusetts legislature and a presidential elector, was
a brigadier general of the state militia during the War of 1812.
Mangum,
Charles. The
Legal Status of the Negro. New York: D. Appleton-Century Co.,
[1939]. xi, 354 pp. Reprinted 2000 by The Lawbook Exchange, Ltd.
LCCN 99-056927. ISBN 1-58477-081-3. Cloth. $80.
*
Originally published in 1939, this was the first treatise to examine
the legal status of the African-American as interpreted by United
States courts in the specific civil rights areas of citizenship;
education; property rights; labor; involuntary servitude; Jim Crow
laws and regulations; segregation and failure to provide
accommodations in charitable and penal institutions; domestic issues
such as interracial marriage, illegitimate offspring, adoption; mob
domination at trials of African-Americans and resultant venue
changes; race discrimination in jury selection as well as racial
prejudice of jurors, prejudicial remarks, punishments and sentences;
the voting franchise before 1865, during reconstruction and its
aftermath; disfranchisement attempts to keep African-Americans away
from the polls from 1890-1920; and much more. "It is the first
comprehensive collection of legal materials in its field." Marke,
A Catalogue of the Law Collection of New York University (1953)
334. While lacking a table of cases per se, the treatise is
well-annotated with citations to relevant cases, and includes a
bibliography and index.
Mansfield,
Edward D. The
Legal Rights, Liabilities and Duties of Women; With an Introductory
History of Their Legal Condition in the Hebrew, Roman and Feudal
Civil Systems. Including the Law of Marriage and Divorce, The
Social Relations of Husband and Wife, Parent and Child, of Guardian
and Ward, and of Employer and Employed. Salem: Published by
John P. Jewett & Co., 1845. 369 pp. Reprinted 2005 by The
Lawbook Exchange, Ltd. ISBN-13: 978-1-58477-469-3. ISBN-10: 1-58477-469-X.
Cloth. $150.
* Published three years before the
Seneca Falls Convention, this lay guide for women is probably
the first ever published in the United States. It is infused with
the spirit of early feminism. As Mansfield [1801-1880] states
in the preface: "Rights, and the knowledge of rights are
no longer hidden from the masses of men; and why should they be
from women?" (6). The book has four parts. The first is a
general history of woman's legal status from biblical times to
the 1840s. The second is an account of the American woman's civil
rights. The third reviews the laws of property common to both
genders. The final section reviews the rights, liabilities and
duties of women in domestic relations. Mansfield was a Connecticut
lawyer who later moved to Cincinnati, where he became professor
of constitutional law and history at Cincinnati College.
Marke,
Julius J., Editor.
A Catalogue of the Law Collection at New York University With
Selected Annotations. New York: The Law Center of New York
University, 1953. xxxi, 1372 pp. Reprinted 1999 by The Lawbook
Exchange, Ltd. LCCN 99-19939. ISBN 1-886363-91-9. Cloth. $195.
* Reprint
of the massive, well-annotated catalogue compiled by the librarian
of the School of Law at New York University. Classifies
approximately 15,000 works excluding foreign law, by Sources of the
Law, History of Law and its Institutions, Public and Private Law,
Comparative Law, Jurisprudence and Philosophy of Law, Political and
Economic Theory, Trials, Biography, Law and Literature, Periodicals
and Serials and Reference Material. With a thorough subject and
author index. This reference volume will be of continuous value to
the legal scholar and bibliographer, due not only to the works
included but to the authoritative annotations, often citing more
than one source. Besterman, A World Bibliography of
Bibliographies 3461.
Marsden.
R.[eginald]. G.[odfrey], ed.
Documents Relating to Law and Custom of the Sea. [n.p.]:
The Navy Record Society, 1915-6. Two volumes. xxxiii, 561; xl,
457, [5] pp. Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN
99-24138. ISBN 1-886363-96-X. Cloth. $175.
* A very
important collection of maritime texts pertaining to the English
admiralty arranged chronologically, that trace the development of
maritime law from 1205 to 1767. Original Latin and French documents
appear with English translations. Marke, A Catalogue of the Law
Collection at New York University 268.
Marsden,
Reginald G. A
Treatise on the Law of Collisions at Sea, With an Appendix, Containing
Extracts from the Merchant Shipping Acts, The International Regulations
(of 1863 and 1880) for Preventing Collisions at Sea, and Local
Rules for the Same Purpose in Force in the Thames, the Mersey,
and Elsewhere. London: Stevens and Sons, 1880. xxxii, 304
pp. Reprinted 2004 by The Lawbook Exchange, Ltd. ISBN 1-58477-412-6.
Cloth. $95.
* Reprint
of the first edition. This venerable work has gone through thirteen
editions to date, the last appearing in 2003. It offers a summary of
the law and cases relating to collisions between ships. A review of
the seventh edition notes that it holds a "permanent place...not
only as a legal text-book on a special subject, but as a work which
can be usefully referred to by laymen who are interested in shipping
matters.": E.S.R., Law Quarterly Review 39:378-379.
Marshall,
John. The Constitutional
Decisions of John Marshall, Edited, with an introductory essay
by Joseph P. Cotton, Jr. New York: G.P. Putnam, 1905. Two volumes.
viii, 144, 145a-188a, [145]-330 pp. Reprinted 2001 by The Lawbook
Exchange, Ltd. LCCN 99-048862. ISBN 1-58477-050-3. Cloth. $175.
*
Presents all of John Marshall's decisions in the Supreme Court and
on the circuit in context of their times and their effect on
constitutional history, through notes to each case written by Joseph
P. Cotton, Jr., the editor of this work. John Marshall [1755-1835]
was appointed Chief Justice of the Supreme Court in 1801 and ushered
in its era of power and independence. He presided over the court for
34 years. The major decisions that are included here demonstrate his
formulation of fundamental principles of American constitutional
law.
[Marshall,
John]. Bryan, George.
The Imperialism of John Marshall: A Study in Expediency.
Boston: The Stratford Company, 1924. frontis., [viii], iii, 112
pp. Reprinted 2006 by The Lawbook Exchange, Ltd. ISBN-13: 978-1-58477-643-7.
ISBN-10: 1-58477-643-9. Cloth. $60.
* Reprint of the only edition. "[W]e
are glad to welcome from the pen of so distinguished a lawyer
a treatise that will be of very great value to every student of
law and history and an important addition to the library of every
discriminating collector of books.": Virginia Law Register
10 (1924-1925) 463.
[Marshall,
John]. Oster, John Edward, Editor. The
Political and Economic Doctrines of John Marshall.
New York: Neale Publishing, 1914. Frontispiece, 369 pp. Reprint
available June 2006 by The Lawbook Exchange, Ltd. 2005. ISBN-13:
978-1-58477-641-3. ISBN-10: 1-58477-641-2. Cloth. $95.
* Reprint of the sole edition. Unlike
his colleague Joseph Story, Marshall [1755-1835] was not interested
in formal scholarship. Devoted entirely to the bench and bar,
he had neither the time nor inclination to write essays or treatises.
In order to locate the principles that guided his juristic thinking,
then, it is necessary to look at other sources. This is Oster's
approach. He assembles a wide selection of letters, speeches,
miscellaneous writings and excerpts from decisions and arranges
them thematically with narrative commentary. A useful guide to
Marshall's ideas, it also has the character of an intellectual
biography.
Martens,
[Georg Friedrich von].
An Essay on Privateers, Captures, and Particularly on Recaptures,
According to the Laws, Treaties, and Usages of the Maritime Powers
of Europe. To Which is Subjoined, A Discourse, In Which the Rights
and Duties of Neutral Powers are Briefly Stated. Translated From
the French, With Notes by Thomas Hartwell Horne. London: Printed
for E. and R. Brooke, and J. Rider, 1801. xx, 240, [4] pp. Reprinted
2004 by The Lawbook Exchange, Ltd. ISBN 1-58477-401-0. Cloth.
$95.
* Reprint
of the first English edition. The Discourse is an extract
from the author's Summary of the Modern Law of the Nations of
Europe (1789). Martens [1756-1821] was a German diplomat and
jurist who published several important treatises on international
law. Like Bynkershoeck and Moser, Martens rejected the idea that
international law derived from God or nature. Instead, it is an
acquired behavior practiced by civilized states. This perspective
informs his Essay on Privateers, which was one of the first
books on the subject. A model of rational organization, it reduces
its subject to a system grounded in a set of clear principles.
Martin,
Frederick.
The History of Lloyd's and of Marine Insurance in Great Britain.
With an Appendix Containing Statistics Relating to Marine Insurance.
London: MacMillan and Co., 1876. xx, 416 pp. Reprinted 2004 by
The Lawbook Exchange, Ltd. ISBN 1-58477-451-7. Cloth. $95.
* Martin
[1830-1883], the editor of the Statesman's Year-Book,
examines the development of marine insurance in what was then the
world's leading maritime power. He shows, moreover, that the system
developed under the leadership of Lloyd's helped Great Britain to
achieve this position. Martin emphasizes the influence of
commercial, international and admiralty law in the evolution of
marine insurance and argues that they helped the industry to mature
into an effective system that is emulated throughout the world.
Martin,
John Hill.
Martin's Bench and Bar of Philadelphia; Together With Other Lists
of Persons Appointed to Administer the Laws in the City and County
of Philadelphia, and the Province and Commonwealth of Pennsylvania.
Philadelphia: R. Welsh & Co., 1883. xvi, [5]-326 pp. Reprint
available August 2006 by The Lawbook Exchange, Ltd. ISBN 1-58477-647-1.
Cloth. $95.
* This reprint will be a welcome addition
to bibliographies of Pennsylvania law. A mine of information,
this book lists the holders of every public and private legal,
appointed and elected office from the colonial period to 1883.
More than a collection of lists, this book also contains histories
of legal, governmental and political institutions and bibliographical
essays about the Pennsylvania Reports and other publications.
It even includes a great deal of miscellaneous information, such
as a list of the portraits and busts belonging to the Law Association
of Philadelphia.
Mathews,
John. Legislative
and Judicial History of the Fifteenth Amendment. Baltimore:
The Johns Hopkins Press, 1909. x, 11-126 pp. Reprinted 2001 by
The Lawbook Exchange, Ltd. ISBN 1-58477-176-3. Cloth. $60.
*
Originally published as Series XXVII, Nos. 6-7, Johns Hopkins
University Studies in Historical and Political Science under the
Direction of the Departments of History, Political Economy, and
Political Science. Examines in detail the legal history of the
fifteenth amendment to the United States Constitution, which
guaranteed the right to vote to all races. Includes a description of
the legislation as it appeared before individual states, and a final
judicial interpretation of the amendment. Marke, A Catalogue of
the Law Collection at New York University (1953) 378.
Matsell,
George W., Compiler.
Vocabulum; Or, The Rogue's Lexicon. Compiled From the Most
Authentic Sources. New York: Published by George W. Matsell
& Co., [1859]. vi, 130 pp. Reprinted 2005 by The Lawbook Exchange,
Ltd. ISBN 1-58477-484-3. Cloth. $95.
* As New York City's Chief of Police
and an owner of the National Police Gazette Matsell [1811-1877]
had an abiding interest in criminal speechways. Although Matsell
compiled this dictionary for his colleagues in law enforcement,
he recognized its value to the linguist. As he notes in the preface,
criminal terms were beginning to enter general usage and appeared
regularly in newspapers, court reports and other publications.
Matsell's compilation includes such entries as "acorn"
(a gallows), "hemp the flat" (choke a fool), "rumbo"
(a prison) and "tyburn blossom" (a young thief). The
appendix contains samples of criminal speech and writing (with
translations) and the vocabularies of gamblers, billiard players,
pugilists and stock brokers. Published just before the Civil War,
this dictionary offers a fascinating glimpse into the American
underworld in the first half of the nineteenth century.
Maxwell,
John Irwing. A
Pocket Dictionary of the Law of Bills of Exchange, Promissory
Notes, Bank Notes, Checks, &c. With an Appendix, Containing
Abstracts of Acts and Select Cases Relative to Negotiable Securities,
Analysis of a Count in Assumpsit, Tables of Notarial Fees, Stamps,
Postage, &c. With Many Additions for the Use of the American
Merchant. Philadelphia: William P. Farrand and Co., 1808.
xv, 251 pp. Reprinted 2004 by The Lawbook Exchange, Ltd. LCCN
2002044362. ISBN 1-58477-312-X. Cloth. $75.
* First
published in London in 1802, this dictionary is an unusual
alphabetical compendium dealing strictly with matters of commerce,
such as bills of exchange and promissory notes. It was probably used
by attorneys involved in the commerce generated by the Louisiana
Purchase. Because of its scarcity, its publication during Thomas
Jefferson's administration during the Federal era of pride and
prosperity, and its unique concentration on commerce, this reprint
will be of interest to dictionary and legal scholars alike. Maxwell
was also the author of The Spirit of Marine Law (1808).
Maxwell,
W. Harold and C.R. Brown. A
Complete List of British and Colonial Law Reports and Legal Periodicals.
Arranged in Alphabetical and in Chronological Order with Bibliographical
Notes. [With]:
Check List of Canadian and Newfoundland Statutes.[Third
Edition]. Toronto: The Carswell Company, Limited, 1937. viii,
141, 49 pp. Reprinted 1995 by The Lawbook Exchange, Ltd. LCCN
96-14504. ISBN 1-886363-11-0. Cloth. New. $95.
* This
comprehensive guide includes every known edition of every British or
Colonial law report (except American reprints). This edition also
includes a list of the various territories in the British Empire
which had issued printed legislation. Librarians and scholars will
find this a particularly useful checklist, with notes that
supplement Soule's earlier Lawyer's Reference Manual.
McCulloch,
J.R. The Works
of David Ricardo, Esq., M.P. with a Notice of the Life and Writings
of the Author. London: John Murray, 1846. xxxiii, 584 pp.
Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN 99-39612. ISBN
1-58477-028-7. Cloth. $90.
* Ricardo
[1772-1823] has been called "...the principle founder of what has
been called the classical school of political economy" (Dictionary
of National Biography) and "first 'scientific' economist" (Printing
and the Mind of Man 277). Here McCulloch's authoritative "Life
and Writings of Mr. Ricardo" prefaces this collection of Ricardo's
pamphlets and other works, including his influential treatise on the
distribution of wealth, The Principles of Political Economy and
Taxation.
McIlwain,
Charles Howard.
The American Revolution: A Constitutional Interpretation.
New York: The Macmillan Company, 1924. xi, 198 pp. Reprinted 2005
by The Lawbook Exchange. ISBN-13: 978-1-58477-568-3. ISBN-10:
1-58477-568-8. Cloth. $75.
* In this work, which won the 1924
Pulitzer Prize in history, McIlwain argues that the central problem
in the genesis of the American Revolution was the determination
of the exact nature of the British Empire's constitution. "After
a searching examination of a wealth of judicial precedents drawn
largely from Ireland's relations with the English king and parliament,
the author reaches the conclusion that 'there was a bona fide
constitutional issue which preceded the American Revolution, and
from which it in part resulted.' He contends that, strictly from
the legal standpoint, the colonists had a number of good constitutional
precedents to support their position.": Allison, Fay, [et.
al.] A Guide to Historical Literature cited in Marke,
A Catalogue of the Law Collection at New York University (1953)
377.
McIlwain,
Charles Howard.
Constitutionalism: Ancient and Modern. Ithaca: Cornell
University Press, 1940. ix, 162 pp. Reprinted 2005 by The Lawbook
Exchange, Ltd. ISBN 1-58477-550-5. Cloth. $75.
* Reprint of the first edition. Upon
publication The Law Quarterly Review praised this book,
noting that "great learning is manifest in these pages"
(cited in Marke). McIlwain [1871-1968] examines of the rise of
constitutionalism from the "democratic strands" in the
works of Aristotle and Cicero through the transitional moment
between the medieval and the modern eras. He concludes with a
discussion of the forces of despotism that were threatening constitutionally
based individual freedom in the 1930s. One of the twentieth century's
most distinguished scholars of Anglo-American constitutional history,
McIlwain was Eaton Professor of the Science of Government in Harvard
University and the author of The High Court of Parliament and
Its Supremacy (1910) and The American Revolution: A Constitutional
Interpretation (1924). Both of these are available as Lawbook
Exchange reprints.
McIlwain,
Charles Howard.
The High Court of Parliament and Its Supremacy: An Historical
Essay on the Boundaries Between Legislation and Adjudication in
England. New Haven: Yale University Press, 1910. xxi, 408
pp. Reprinted 2004 by The Lawbook Exchange, Ltd. LCCN 2003056440.
ISBN 1-58477-388-X. Cloth. $95.
* Reprint
of the first edition. Highly acclaimed when it was published, this
remains a classic. McIlwain [1871-1968], a professor of history at
Harvard University for more than three decades, developed -- with a
particular emphasis on Parliament's role as a judicial body --
Pollock and Maitland's thesis from their landmark work The
History of English Law Before the Time of Edward I (1895) that
Parliament was not a legislature in the modern sense; it was an
administrative and judicial instrument of the crown. Oliver Wendell
Holmes praised the work in a May 8, 1918 letter to Harold J. Laski:
"... it left me greatly admiring it as an altogether admirable piece
of work. It also kept me keenly interested from beginning to end."
Howe, Holmes-Laski Letters I:152-153.
McKeag, Edwin C.
Mistake in Contract: A Study in Comparative Jurisprudence.
New York: Columbia University Press, 1905. 132 pp. Reprinted 2003
by The Lawbook Exchange, Ltd. LCCN 2002072856. ISBN 1-58477-276-X.
Cloth. $60.
* In
contract law there are two types of mistake as determined by Savigny.
The first, echt, represents those cases in which consent
exists, but the contract is impeachable due to the determination
of mistake. This work examines the second class of mistake in contract,
unecht, "...in which real consent is lacking, resulting
in the nullity of the contract, while the mistake is an accompanying
feature" (Preface). This class of mistake is traced from Roman
law to common law and modern civil law. Originally published as
Volume XXIII, Number 2 in Columbia's series, Studies in History,
Economics and Public Law.
McKechnie, William Sharp.
Magna Carta. A Commentary on the Great Charter of King John.
With an Historical Introduction. Second Edition, Revised and
in Part Re-written. Glasgow: James Maclehose and Sons, 1914.
xvii,530, [2] pp. Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN
99-38731. ISBN 1-58477-031-7. Cloth. $95.
* "Dr.
McKechnie's work is an elaborate commentary upon the Charter -
clause by clause -containing everything that any ordinary student is
likely to require, with very full and exact references, but it is
something much more than this... It is a most admirable piece of
work distinguished alike by felicity of language, deep historical
insight, and varied and exact learning.": H.J.R., Lawyer's
Quarterly Review 32:117-118. "Strikes me as an excellent book,
not so much for novelty as for careful lucid exposition.": Holmes to
Pollock-July 15, 1906. Holmes-Pollock Letters I:128.
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