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McLaughlin,
Andrew C. The
Courts, The Constitution and Parties. Studies in Constitutional
History and Politics. Chicago: University of Chicago Press,
1912. vii, 299 pp. Reprinted 2001 by The Lawbook Exchange, Ltd.
LCCN 00-058812. ISBN 1-58477-155-0. Cloth. $95.
* "This
volume is composed of five papers or addresses. Two of them are
careful historical discussions of the origin of the American doctrine
that courts can declare acts of the legislature void; a third
shows the influence of theories of political philosophy upon the
ante-bellum controversy regarding the nature of the Union; and
the remaining two consider the significance of American political
parties and their real function in popular government. The two
papers first mentioned seem to be contributions of great and permanent
value to the discussion of their topic. The style of all of these
essays is easy and delightful and their argument sane, thoughtful,
and persuasive." J.P.H. Harv. L. Rev. 26:280-281 cited
in Marke, A Catalogue of the Law Collection at New York University
(1953) 377. 
McLaughlin,
Andrew C. The
Foundations of American Constitutionalism. New York: The New
York University Press, 1932. vii, 176 pp. Reprinted 2002 by The
Lawbook Exchange, Ltd. ISBN 1-58477-227-1. Cloth. $65.
* An
historian with a legal background, McLaughlin [1861-1947] traces the
principles of justice embodied by the United States Constitution to
the influence of colonial New England political philosophy and
Puritan practices and ideals of personal rights and limited
government. A reprint of the Anson G. Phelps Lectures on Early
American History delivered at New York University in 1932.
McNamara,
M. Frances. Ragbag
of Legal Quotations. Albany: Matthew Bender & Company,
1960. xi, 334 pp. Reprinted 1992 by The Lawbook Exchange, Ltd.
LCCN 92-074141. ISBN 0-9630106-3-8. Cloth. $50.
* One of
the best collections of legal quotations ever. McNamara's attractive
and well-indexed volume provides over 2,000 quotations arranged
under nearly 300 subject headings, which are further indexed by
author and by words and phrases. Explanatory notes clarify the
meaning of some well-known, but misunderstood quotations.
Mears,
T. Lambert, Translator.
The Institutes of Gaius and Justinian, The Twelve Tables, and
the CXVIIIth and CXXVIIth Novels, With Introductions and Translation.
London: Stevens and Sons, 1882. lx, 626 pp. Reprinted 2004
by The Lawbook Exchange, Ltd. ISBN-13: 978-1-58477-440-2. ISBN-10:
1-58477-440-1. Cloth. $150.
* With an
extensive introduction. Mears arranged both Institutes in
parallel columns to facilitate comparisons between them. Passages
copied from Gaius are printed in italics. The two Novels, which deal
with intestate succession, are included because they supplanted the
part of Justinian's Institutes that deals with this subject.
This compilation offers an excellent introduction to Roman law and
its evolution from the first to sixth centuries CE.
Meiklejohn,
Alexander. Free
Speech and Its Relation to Self Government. New York: Harper
Brothers Publishers, [1948]. xiv, 107pp. Reprinted 2001 by The
Lawbook Exchange, Ltd. LCCN 99-87204. ISBN 1-58477-087-2. Cloth.
$80.
* "Dr.
Meiklejohn [1872-1964], in a book which greatly needed writing, has
thought through anew the foundations and structure of our theory of
free speech...he rejects all compromise. He reexamines the
fundamental principles of Justice Holmes' theory of free speech and
finds it wanting because, as he views it, under the Holmes doctrine
speech is not free enough. In these few pages, Holmes meets an
adversary worthy of him... Meiklejohn in his own way writes a prose
as piercing as Holmes, and as a foremost American philosopher, the
reach of his culture is as great...this is the most dangerous
assault which the Holmes position has ever borne." John P. Frank,
Texas Law Review 27:405-412.
Mendelsohn,
S. The Criminal
Jurisprudence of the Ancient Hebrews. Compiled from the Talmud
and other Rabbinical Writings, and Compared with Roman and English
Penal Jurisprudence. Baltimore: M. Curlander, 1891. 270 pp.
Reprinted 2002 by The Lawbook Exchange, Ltd. LCCN 00-056304. ISBN
1-58477-150-X. Cloth. $80.
*
Mendelsohn offers his interpretation of criminal jurisprudence based
on his analysis of the Talmud, and makes comparisons to Roman and
English systems of same. Part titles are: Crimes and Punishments,
The Synhedrion, The Trial, The Execution. Well annotated and
indexed.
Merriam,
C.E., Jr. History
of the Theory of Sovereignty Since Rousseau. New York: Columbia
University Press, [1900]. x, [11]-233 pp. Reprinted 1999 by The
Lawbook Exchange, Ltd. LCCN 98-32385. ISBN 1-886363-76-5. Cloth.
$65.
* Reprint
of the Columbia University Press edition of 1900, from the Studies
in History, Economics and Public Law series published by Columbia
University. "... a full and useful account of the chief doctrines
put forward on the subject, not stating a theory of his own, but
adding pertinent criticisms on the views which he summarizes."
Marke, A Catalogue of the Law Collection of New York University
(1953) 948. Chapters include The Kantian Theory, The Patrimonial
Theory, Sovereignty and the American Union, Federalism and
Continental Theory, Popular and State Sovereignty. With
bibliographical notes. Catalogue of the Library of the Law School
of Harvard University (1909) II:105.
Mill,
John Stuart.
On Liberty. London: John W. Parker and Son, 1859. Reprinted
2002 by The Lawbook Exchange, Ltd. LCCN 2001053980. ISBN 1-58477-221-2.
Cloth. $65.
*
Influenced by the Utilitarian philosopher Jeremy Bentham, Mill
[1806-1873] adopted a modified laissez-faire position, believing in
the efficiency of free enterprise, but aware of the frequent failure
of the market to maximize utility. Later refining this stance, he
argued that the promotion of happiness is a moral duty (though he
made a clear distinction between desirable and undesirable forms of
pleasure). These ideas had a decisive influence on Mill's classic
1859 essay, perhaps the most celebrated defense of individual
freedom and "self-protection" to appear in English based on
utilitarian values rather than natural right. Cannon, Oxford
Companion to British History 643. Printing and the Mind of
Man 345. Dictionary of National Biography XIII 390-399.
Millar,
Robert Wyness.
Civil Procedure of the Trial Court in Historical Perspective.
New York: Published by the Law Center of New York University for
the National Conference of Judicial Councils, 1952. xvi, 534 pp.
Reprinted 2005 by The Lawbook Exchange, Ltd. ISBN 1-58477-458-4.
Cloth. $95.
* Reprint of a title from the
Judicial Administration Series published by the National Conference
of Judicial Councils. Millar [1876-1959], a professor at Northwestern
University Law School, was a leading authority on civil procedure
and its history. Written near the end of his career, the present
study is a brilliant summary of his life's work. It discusses
antecedents of the Anglo-American system, the evolution of procedure
and American and English civil procedure in the nineteenth century.
Other chapters discuss the development of specific areas, such
as introduction of the cause, mode of trial and voluntary dismissal.
Miller,
Elmer I. The
Legislature of the Province of Virginia. Its Internal Development.
New York: The Columbia University Press, 1907. 182 pp. Reprint
available August 2006 by The Lawbook Exchange, Ltd. ISBN 1-58477-504-1.
Cloth. $70.
* Miller offers a fascinating case
that "the Virginia colony was a good illustration of the
vigorous assertion of the Anglo-Saxon spirit of self-rule and
adaptation to environment. The long conflict between government
by appointees of a distant power, and government by representatives
chosen by the people themselves, ending as it did in victory for
the people, shows that among English people in Virginia at least
the principle of representative government was stronger than absolutism."
[175]. Tracing the evolution of the colony from its first colonial
charters to the outset of the Revolution, this work is notable
both for its breadth of sources and its quaint, if altogether
too common, nod to the Social Darwinist influences then so evident
in the academy. Originally published in the series Studies in
History, Economics and Public Law published by the Political Science
faculty of Columbia University.
Milton,
John. Areopagitica:
A Speech of Mr. John Milton for the Liberty of Unlicensed Printing,
to the Parliament of England.
With an Introduction by James Russell Lowell. New York: The Grolier
Club, 1890. lvii, 189 pp. Reprint available August 2006 by The
Lawbook Exchange, Ltd. ISBN 1-58477-545-9. Cloth. $80.
* Reprint of the 1890 Grolier Club
edition, which was limited to 325 copies. The victory of Parliament
over Crown during the Civil War prompted many questions including
those regarding the liberty of the press under the new regime.
The Stationers Company, which enjoyed Royal patronage and a monopoly
on printing and bookselling granted by the Crown, petitioned Parliament
for the continuation of its privileges under the new regime. This
was a controversial request because Milton and others resented
the Company's censorship of political and religious publications
in the years before the Civil War. Milton [1608-1674], in what
has been called his "most important" prose, urged Parliament
to reject its petition in the name of intellectual freedom. This
edition has a long introduction by Lowell [1819-1891], the notable
poet and associate of Henry Wadsworth Longfellow, John Greenleaf
Whittier and Oliver Wendell Holmes, Sr.
Minor,
John, Plaintiff.
The Bible in the Public Schools: Arguments in the Case Of John
D. Minor et al. versus The Board of Education of the City of Cincinnati
et al.: Superior Court of Cincinnati. With The Opinions and Decision
of the Court. Cincinnati: Robert Clarke & Co. 1870. 420
pp. [With] The Board of Education of the City of Cincinnati
v. John D. Minor Et. Al. 43 pp. Reprinted 2005 by The Lawbook
Exchange, Ltd. ISBN 1-58477-514-9. Cloth. $95.
* In 1868 the school board of the
City of Cincinnati ended the practice of reading passages of the
King James Bible in classrooms. Immediately challenged in the
Superior Court, the school board's decision was revoked, in part,
on the grounds that the readings were non-sectarian. In a ringing
dissent, Justice Alphonso Taft, the father of William Howard Taft,
declared: "This great principle of equality in the enjoyment
of religious liberty, and the faithful preservation of the rights
of each individual conscience is important in itself, and is essential
to religious peace and temporal prosperity, in any country under
a free government. But in a city and State whose people have been
drawn from the four quarters of the world, with a great diversity
of inherited religious opinions, it is indispensable" (417).
The Ohio Supreme Court overturned on appeal. The latter decision
and Taft's dissent were cited favorably by the U.S. Supreme Court
in Abbington v. Schempp. With a new appendix containing
the decision of the Ohio Supreme Court.
Minor,
Raleigh C.
Notes on the Science of Government and the Relations of the States
to the United States.
[Charlottesville]: University of Virginia, 1913. x, 171 pp. Reprinted
1995 by The Lawbook Exchange, Ltd. LCCN 99-047233. ISBN 1-886363-09-9.
Cloth. $40.
* Minor
[1869-1923] was an author, publicist, and teacher of law at the
University of Virginia. Minor was a pioneer in private international
law or the conflict of laws. Here Minor presents a thorough overview
of both government in general and the relationship of states to the
federal government. Anyone interested in the question of states'
rights debate that remains ongoing will find much of value in
Minor's analysis of the legal status of the states and federal
government under the Constitution. After developing the basic
features of government, Minor elaborates upon the States Rights and
Nationalistic schools of thought, drawing upon numerous Supreme
Court cases and the writings of Story, de Tocqueville, Webster,
Calhoun, Madison, and others.
Minor,
Raleigh C.
A Republic of Nations: A Study of the Organization of a Federal
League of Nations. New York: Oxford University Press, 1918.
xxxix, 316 pp. Reprinted 2005 by The Lawbook Exchange, Ltd. ISBN
1-58477-500-9. Cloth. $95.
* Written a year before the Versailles
Conference, this book proposes the formation of a league of nations
modeled on the government of the United States. (Each nation would
be akin to a U.S. state.) Moving from theory to practice, Minor
offers an outline of the league and how it would function. The
appendix contains the texts of the U.S. Constitution and a proposed
constitution of a league of nations in parallel columns. A stimulating
contribution to international law, it is equally interesting for
its thoughts on the U.S. Constitution. Minor [1869-1923] was a
distinguished professor of constitutional and international law
at the University of Virginia.
Mitchell,
William. An
Essay on the Early History of the Law Merchant: Being the Yorke
Prize Essay for 1903. Cambridge: At the University Press,
1904. 176 pp. Reprint available August 2006 by the Lawbook Exchange,
Ltd. ISBN 1-58477-633-1. Cloth. $65.
* With an appendix of source materials.
The winner of the prestigious Yorke Ptize, this essay is still
cited in the literature of commercial and international law. "Mr.
Mitchell has satisfactorily risen to the occasion, and has given
us an interesting study of the early history of that system of
universal practical law which the traders of the Middle Ages recognised
as binding upon them in their international dealings. Customary
in its origin and principles, summary in its jurisdiction and
equitable in its spirit, the Law Merchant has been a potent factor
in the development of the modern commercial law of all the countries
of Europe, and Mr. Mitchell's account of its beginnings is full
of suggestion.": Juridical Review 16 (1904) 446.
Moehlman, Conrad Henry. The American Constitutions and Religion: Religious References in the Charters of the Thirteen Colonies and the Constitutions of the Forty-Eight States. A Source-Book on Church and State in the United States. Berne, Indiana: [Published by the Author], 1938. 142 pp. Reprint available January 2007 by The Lawbook Exchange, Ltd. ISBN-13: 978-1-58477-736-6. ISBN-10: 1-58477-736-2. Cloth. $75.
* Long out of print, this is a handy compilation contains complete passages that provide the context of the religion reference.
Montefiore,
Joshua. A Commercial
Dictionary: Containing the Present State of the Mercantile Law,
Practice and Custom. With Very Considerable Additions Relative
to the Laws, Usages, and Practice of the United States. Philadelphia:
Printed and Sold by James Humphreys, 1804. Three volumes. Reprinted
2004 by The Lawbook Exchange, Ltd. ISBN 1-58477-417-7. Cloth.
$295.
* Reprint
of the rare first American edition (1804), based on the 1803 London
edition with much new American material added. It is a very
important economic and legal source, originally intended for
merchants, offering a wealth of information about contemporary
commercial and maritime law, international business practices and
fascinating descriptions of commercial ports and their primary
imports and exports. Montefiore also discusses the present state of
banks and insurance companies in the United States, the laws of
copyright and letters patent, the regulation of the coasting trade,
the funding system and state of the [U.S.] National debt [and] a
very interesting memoir upon the growth, manufacture, and qualities
of Madeira wine. With a subscriber list that includes Horace Binney,
Alexander James Dallas, Peter S. Duponceau and William Rawle.
Montefiore [1762-1843] was an English solicitor who moved to the
United States after the War of 1812. He published several other
works on commercial law.
With a New Introduction by Bryan
A. Garner
Monteleone,
Vincent J. Criminal
Slang: The Vernacular of Underworld Lingo. Revised Edition.
Boston: The Christopher Publishing House, 1949. 292 pp. Reprinted
2004 by The Lawbook Exchange, Ltd. With a new introduction by
Bryan A. Garner. ISBN 1-58477-300-6. Cloth. $75.
*
Monteleone was a police officer with thirty-two years of service
throughout the United States. He compiled this collection of words
and phrases used by the "gangster, tramp or hobo" over the course of
a career that spanned the 1920s, 30s and 40s. Both instructive and
amusing, it contains hundreds of entries relating to criminal
matters of the time, such as "Academy" (a jail), "Across the River"
(dead), "Grease the Track" (to fall under a moving train),
"Looseners" (prunes), "Sprinkle the Flowers" (to distribute bribes),
"Suey Bowel" (A Chinese opium den), "Write Short Stories" (to forge
checks) and "Zib" (an easy victim). Also includes a table of hobo
code symbols. A fascinating addition to any criminal law history
library or collection, this book will likely be perused often.
Montesquieu,
Charles-Louis de Secondat, Baron de.
The Spirit of Laws. Translated from the French. With Corrections
and Additions Communicated by the Author. Dublin: Printed for
G. and A. Ewing and G. Faulkner, 1751. 2 Vols. Reprinted 2006
by The Lawbook Exchange, Ltd. ISBN 1-58477-607-2. Cloth. $170.
* Reprint of the first Dublin edition
which followed the first English edition by one year. One of the
landmark works of the eighteenth century, De L'Esprit des Lois
had an immeasurable influence on jurisprudence and political thought,
especially in America. It contained provocative and wide-ranging
ideas on the sociology of law, the separation of political powers
and the need for checks on a powerful executive office. First
published in Geneva in 1748, it remains one of the most significant
studies of political and legal theory ever written.
Moore,
Blaine Free. The
Supreme Court and Unconstitutional Legislation. New York:
Columbia University Press, 1913. 158 pp. Reprinted 2002 by The
Lawbook Exchange, Ltd. ISBN 1-58477-099-6. Cloth. $60.
* A
systematic examination of the Supreme Court's decisions that held
certain statutes unconstitutional. Early attitudes of state courts
before the Marbury v. Madison ruling by Justice Marshall in 1803, as
well as the attitudes of federal courts following that decision are
discussed separately. A thorough Appendix includes a statistical
summary of unconstitutional legislation, a list of all cases in
which state enactments were declared unconstitutional by the same
court because of conflict with the federal constitution and more.
Reprint of Volume LIV, Number 2, Whole Number 133, from the series
Studies in History, Economics and Public Law, edited by the Faculty
of Political Science of Columbia University.
Moore,
Stuart A. A
History of the Foreshore and The Law Relating Thereto. With A
Hitherto Unpublished Treatise by Lord Hale, Lord Hale's "De
Jure Maris," and Hall's Essay on the Rights of the Crown
in the Sea-Shore. With Notes and an Appendix Relating to Fisheries.
London: Stevens & Haynes, 1888. liv, [1], 984 pp. Reprint
available March 2006 by The Lawbook Exchange, Ltd. ISBN-13: 978-1-58477-592-8.
ISBN-10: 1-58477-592-0. Cloth. $195.
* Reprint of the third edition. This
formidably learned history of riparian rights and fishery law
from 765 CE to the late nineteenth century draws on a wide range
of contemporary and historical materials, including a treatise
by Sir Matthew Hale [1609-1676]. Moore [1842-1907] argues that
"the theory of the prima facie title of the Crown is a mere
theory of abstract law, a theory of law 'taken for granted,' based
upon an untrue assumption of a state of facts which might possibly
have existed, but which is really not in accordance with the true
state of the facts relating to the matter, so far as they can
at present be ascertained": Introduction.
Morris,
Robert C. International
Arbitration and Procedure. New Haven: Yale University Press,
1911. x, 238 pp. Reprinted 2001 by The Lawbook Exchange, Ltd.
ISBN-10: 1-58477-160-7. Cloth. $70.
* The
legal aspects of international controversies and their resolution is
traced, with an emphasis on the role of the United States in such
arbitrations. With a foreword by Wm. H. Taft penned during his
presidency, who points out that Morris ".has shown the progress that
has been made toward the final hope of all the advocates of
arbitration, to wit, an arbitral court, sustained by the agreement
of all nations." (p. x)
Morris,
Thomas D. Free
Men All: The Personal Liberty Laws of the North 1780-1861.
Baltimore: The Johns Hopkins University Press, 1974. xii, 253
pp. Reprinted 2001 by The Lawbook Exchange, Ltd. ISBN 1-58477-107-0.
Cloth. $75.
* The
Personal Liberty Laws reflected the social ethical commitment to
freedom from slavery and as such were among the bricks that laid the
foundation for the Fourteenth Amendment. Morris examines those
statutes as enacted in the five representative states Pennsylvania,
New York, Massachusetts, Ohio and Wisconsin, and argues that these
laws were an alternative to the violence allowed by the southern
slave codes and the extreme abolitionist viewpoints of the north.
Morris,
William Alfred.
The Frankpledge System. New York: Longmans, Green, and
Co., 1910. xvi, 194 pp. Reprinted 2004 by The Lawbook Exchange,
Ltd. ISBN 1-58477-413-4. Cloth. $80.
* A
system that originated in Saxon England, frankpledge was a promise
of good conduct given to a sovereign by a group of ten freeholders,
or tithing. If a member of the tithing committed an offense, the
others acted as bail to ensure that he would appear in court. If the
offender fled, the other members would be penalized. First published
in 1910, Morris' detailed history remains the standard work on this
subject.
Moyle,
J.B. The Institutes
of Justinian. Translated into English with an Index. Fifth
Edition. Oxford: Clarendon Press, 1913. viii, 220 pp. Reprinted
2002 by The Lawbook Exchange, Ltd. LCCN 2001041401. ISBN 1-58477-185-2.
Cloth. $90.
* An
English translation, with a thorough index, of Justinian's
Institutes. After assuming the throne of the East Roman or
Byzantine Empire in 527, Justinian (Favius Petrus Sabbatius
Justinianus) [A.D. 483-565] sought to revise the most important
legal writings of the original republic and empire, including the
body of laws that had accumulated during the last 300 years. His
revision of the Institutes of Gaius [c.A.D. 115-c.180] is
perhaps the most significant volume to emerge from this program.
Written around A.D. 161, it is an elementary treatise on Roman
private law that served as a standard text for 300 years.
Justinian's revision brought the original up to date while
maintaining its qualities of clear exposition and perspicuous
judgment. It was later combined with three other revisions, the
Digest, Code, and Novels to form the Corpus
Juris Civilis, a profound influence on European law from the
tenth century onwards. Walker, The Oxford Companion to Law
511, 696.
Murray,
David. Lawyers'
Merriments. Glasgow: James MacLehose and Sons, 1912. xiv,
302, [2] pp. Frontispiece. Illustrations. Plates. Reprinted 2005
by The Lawbook Exchange, Ltd. Cloth. ISBN 1-58477-625-0. $75.
* Murray surveys literature based
on legal texts written by lawyers for their amusement, and the
amusement of their peers. Much of this genre is humorous; it includes
such forms as law lyrics, whimsical dissertations, reports in
verse and facetious precedents. Other examples, such as proverbs
and memorial verses, have a didactic intent. A final group includes
elegantly written legal works and examples based on literary conventions.
Moving from the textual to the visual, Murray also considers illustrated
law books and legal livres de luxe. An appealing survey,
it is a useful starting point for further research into this fascinating
but little-examined field.
Nasmith,
David. Outline
of Roman History from Romulus to Justinian, (Including Translations
of the Twelve Tables, the Institutes of Gaius, and the Institutes
of Justinian), With Special Reference to the Growth, Development
and Decay of Roman Jurisprudence. London: Butterworth, 1890.
xix, map, 618 pp. Reprinted 2006 by The Lawbook Exchange, Ltd.
ISBN-13: 978-1-58477-612-3. ISBN-10: 1-58477-612-9. Cloth. $125.
* Many students are familiar with
the landmarks of Roman jurisprudence but know little about their
background. This is unfortunate because these texts lose a great
deal of their meaning when they are extracted from their original
social and cultural context. Nasmith's Outline addresses
this problem directly by making "that which is understood
as Roman history go hand in hand with chronological changes in
Roman law, and to furnish the reader and myself with an outline
of pegs so arranged as to enable us easily and accurately to store
our future acquisitions" (vi). Nasmith's tone is utilitarian,
but his work is quite sophisticated. What is more, it is a significant
work of cultural history based on a study of legal institutions.
Neely,
Robert D. The
Lawyers of Dickens and Their Clerks. Boston: The Christopher
Publishing House, [1936]. 67pp. Reprinted 2002 by The Lawbook
Exchange, Ltd. LCCN 00-021520. ISBN 1-58477-091-0. Cloth. $60.
* In this
delightful and humorous book Neely takes a look at the satire and
irony in Dickens' work as shown in his derisive characterization of
solicitors, barristers, judges and clerks. He gives us Jaggers, the
criminal lawyer who notifies Pip of his "great expectations,"
Stryver, the unscrupulous trial lawyer in A Tale of Two Cities,
and many others. Lovers of Dickens and anyone acquainted with the
law will find this to be an entertaining read.
Neilson,
George. Trial
by Combat. Glasgow: William Hodge & Co., 1890. xiv, 348
pp. Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN 99-059101.
ISBN 1-58477-075-9. Cloth. $75.
*
Although it is not known exactly when trial by combat, battle, or
duel began as a method of conflict resolution, its origin certainly
goes back before the feudal era. Neilson focuses on Britain and
Scotland and traces this tradition from before the Middle Ages to
the Appeal of Murder Act of 1819. "All the authorities on the
subject, I believe, are collected in this excellent book." Pollock,
The Genius of the Common Law. Marke, A Catalogue of the
Law Collection of New York University (1953) 323, citing later
NY edition.
[New
Jersey]. [Vroom, Garret D.W., and William M. Lanning, Compilers].
General Statutes of New Jersey. Published Under the Authority
of the Legislature, by Virtue of an Act Approved April 4, 1894,
and a Supplement Thereto, Approved March 20, 1895. Jersey
City: Frederick D. Linn & Co., 1896. [With] Luce, Edward
J., Compiler. Table of Statutes Included in The General
Statutes of New Jersey 1703-1895. Newark: Soney & Sage,
1900. With a new introduction by Paul Axel-Lute and new contents.
Three volumes. Reprinted 2005 by The Lawbook Exchange, Ltd. ISBN
1-58477-673-0. Cloth. $995.
* This compilation succeeded the previous
edition of 1877. Two-and-a-half times the size of its predecessor,
it records the greatest increase in public general legislation
between any two consecutive compilations in New Jersey's history.
Its bulk pays witness to the state's rapid growth during the nineteenth
century and its engagement with the forces of modernity. Such
topics as "Usury" and "Militia" in 1877 are
redefined as "Interest" and "National Guard";
new additions include laws dealing with labor arbitration, civil
rights and occupational safety. Luce's Table of Statutes,
an invaluable tool originally published separately in 1900, is
included in Volume I. Our reprint also has a detailed table of
contents, a feature that was not included in the original work.
[New
Jersey]. Revision
of the Statutes of New Jersey. Published Under the Authority of
the Legislature by Virtue of an Act Approved April 4, 1871.
Trenton: John L. Murphy, 1877. With a New Introduction by Paul
Axel-Lute and Original Material. xii, xxxiii, [1556] pp. Reprinted
2005 by The Lawbook Exchange, Ltd. ISBN 1-58477-674-9. Cloth.
$350.
* The Revision of 1877 satisfied
an 1871 act of the Legislature to "revise, simplify, arrange,
and consolidate" all the general and permanent public statutes
of New Jersey." It is valuable today chiefly as a tool for
tracing the history of legislation. As Axel-Lute observes in his
introduction, "[t]here are nearly seven hundred current sections
in New Jersey Statutes Annotated for which the oldest source
cited in the historical note is the Revision of 1877. To
trace these sections back to earlier sources, the researcher must
use marginal notes and enactment date information in the 1877
work" (iii). In addition to his informative introduction,
Axel-Lute has added a detailed table of contents, a feature that
wasn't included in the original work.
Nichols,
Francis Morgan. Britton;
The French Text Carefully Revised with an English Translation,
Introduction and Notes.
Oxford: Clarendon Press, 1865. Two volumes. Reprinted 2003 by
The Lawbook Exchange, Ltd. LCCN 2002024326. ISBN 1-58477-258-1.
Cloth. $165.
*
Probably originally compiled by John le Breton around 1290, it is
the oldest English law book in French. Consisting of French text
with parallel English translation and a glossary of French terms,
this edition edited and translated by Nichols is considered to be
the "standard edition." Walker, The Oxford Companion to Law
154. Along with Fleta, Britton is one of two significant law books
produced during the reign of Edward I [1272-1307]. The origins of
Britton may be traced to a project of Edward I to produce a digest
of the English law in the spirit of Justinian's Institutes.
Book One outlines the authority of justices and officers and defines
the nature of various personal pleas (including pleas of the crown).
Book Two describes disseisins and their remedies. Book Three treats
intrusions and their remedies. Book Four describes pleas relating to
advowsons and the property of churches (and of attaints). Book Five
outlines pleas of dower and entry. Book Six defines different kinds
of proprietary actions. In all, this treatise offers an incomparable
overview of British law during the medieval era.
[Nichols,
J.]. A Collection
of all the Wills, Now Known to Be Extant, of the Kings and Queens
of England, Princes and Princesses of Wales, and every Branch
of the Blood Royal, from the Reign of William the Conqueror, to
that of Henry the Seventh Exclusive: With Explanatory Notes and
a Glossary. London: J. Nichols, 1780. x, 434 pp. Reprinted
1999 by The Lawbook Exchange, Ltd. LCCN 99-17114. ISBN 1-886363-87-0.
Cloth. $75.
*
Fascinating collection of wills of every branch of the "blood
royal." "This series of miscellaneous and different wills presents
us with many curious particulars. We learn from them more of the
manners and private life of our illustrious ancestors, some new
facts in their public history, and several new descents in their
pedigrees. The prospect of death sets their lives in a new point of
light." (From the Preface.) These wills of royals from William the
Conqueror through Henry the Seventh are in their original language
(some in law French), often preceded by a brief introduction,
annotations, and postscripts in English. With a Glossary and
"Additional Observations and Corrections." Sweet & Maxwell, A
Legal Bibliography of the British Commonwealth of Nations I:495
(48). Catalogue of the Library of the Law School of Harvard
University II:223.
Nicholls,
Sir George. A
History of the Scotch Poor Law in Connexion with the Condition
of the People. London: John Murray, Albemarle Street, 1856.
x, 288 pp. Reprinted 2005 by The Lawbook Exchange, Ltd. ISBN 1-58477-567-X.
Cloth. $80.
* Reprint of the first and only edition.
Nicholls [1781-1865] was a pioneering poor-law reformer and administrator.
While Great Britain's Poor Law Commissioner he drafted the Irish
Poor-Law Act (1832). One of the first to assert that relief bred
a culture of dependency and a resistance to work, he advocated
the abolition of relief except as a last resort. In addition to
the present study, he wrote A History of the English Poor Law
(1854-1904) 3 vols., and A History of the Irish Poor Law
(1856), both of which are forthcoming (2006) in reprint editions
by The Lawbook Exchange, Ltd. Like his other studies, this one
relates the evolution of poor laws since the medieval era to economic,
social and political history. Notably sophisticated works, they
were held in high regard by Sir Leslie Stephen and F.W. Maitland.
Nippold,
Otfried. The
Development of International Law After the World War. Translated
from the German by Amos S. Hershey. Oxford: Clarendon Press, 1923.
xv, 241 pp. Reprinted 2003 by The Lawbook Exchange, Ltd. ISBN
1-58477-270-0. Cloth. $75.
* Reprint
of the first English edition published in 1923 under the auspices of
the Carnegie Endowment for International Peace. With an introduction
by James Brown Scott. This important study, written during the First
World War, was one of the first to propose a league of nations.
Nippold, a German jurist who lived in Switzerland, argues that the
First World War created a need for a radical reinterpretation of the
law of war. Modern war cannot be given the character of a legal
institution because it is really a negation of law. War is not an
element of international law, he concludes; it is self-help on the
part of the aggressor nation. In his International Law, C.G. Fenwick
stated that this book would be an essential addition to a working
library of international law. Fenwick, International Law (3rd
edition) xxv-l cited in Marke, A Catalogue of the Law Collection
at New York University (1953) 576.
Nolan,
Michael. A Treatise
of the Laws for the Relief and Settlement of the Poor. London:
Printed by A. Strahan for J. Butterworth, 1805. Two volumes. Reprinted
2005 by The Lawbook Exchange, Ltd. ISBN 1-58477-502-5. Cloth.
$195.
* Nolan [d.1827], a member of Lincoln's
Inn, provides a thorough overview of England's influential poor
laws as they stood during the opening decades of the Industrial
Revolution. Nolan's wide-ranging study includes a history of the
subject and discussions of such topics as property ratability,
work-relief and settlement by marriage. Though critical of its
length and level of detail, Marvin believed this was a treatise
"from which the profession can derive great assistance."
It is valuable today as a contemporary overview and assessment
of a complicated area of English common law. Marvin, Legal
Bibliography, 539.
North,
Roger. A Discourse
on the Study of the Laws. Now Printed From the Original MS. in
the Hargrave Collection. With New Illustrations by a Member of
the Inner Temple.
London: Printed for Charles Baldwyn, 1824. xv, 105 pp. Portrait
frontispiece. Reprinted 2005 by The Lawbook Exchange, Ltd. ISBN
1-58477-668-4. Cloth. $75.
* Reprint of the sole edition. This
classic treatise is an incomparable guide to English legal education
during the last quarter of the seventeenth century. Written at
a time when formal English legal education had reached a low point,
it prescribed a self-directed course of study based on reading,
compiling commonplace books, attending courts, speaking with lawyers
and attending an office or chambers. North [1653-1734], a member
of a powerful political family, was a respected member of the
Middle Temple and an important chronicler of the restoration-era
legal community.
Oakley,
Thomas Pollack.
English Penitential Discipline and Anglo-Saxon Law in Their
Joint Influence. New York: Columbia University Press, 1923.
226 pp. Reprinted 2003 by The Lawbook Exchange, Ltd. ISBN 1-58477-302-2.
Cloth. $65.
*
Penitentials are manuals for confessors that outline penances and
their fines. They originated in the Celtic church and their use
spread throughout the British Isles during the early middle ages.
Though restricted to church discipline, they often influenced
secular law. Beginning with a history and discussion of the
penitentials, Oakley examines the legal traditions that influenced
their development and their reciprocal influence on the development
of the common law. Originally
published as Volume CVII, Number 2 in Columbia's series, Studies in
History, Economics and Public Law.
Ogle,
Arthur. The
Canon Law in Mediaeval England. An Examination of William Lyndwood's
"Provinciale," in Reply to the Late Professor F.W. Maitland.
London: John Murray, 1912. xv, 220 pp. Reprinted 2000 by The Lawbook
Exchange, Ltd. LCCN 99-33827. ISBN 1-58477-026-0. Cloth. $75.
*
Disputes Maitland's arguments in Roman Canon Law in the Church of
England that advance the authority of Roman canon law over the
English ecclesiastical courts. Ogle specifically disparages
Maitland's "counter-declaration" of Lyndwood, whose Provinciale
is considered to be a principal authority on English canon law.
Marke, A Catalogue of the Law Collection of New York University
(1953) 131.
Oldham,
Williamson S., and George W. White, Compilers.
A Digest of the General Statute Laws of the State of Texas:
To Which Are Subjoined the Repealed Laws of the Republic and State
of Texas, By, Through, or Under Which Rights Have Accrued; Also,
the Colonization Laws of Mexico, Coahuila and Texas, Which Were
in Force Before the Declaration of Independence by Texas.
Published by Authority of the Legislature. Austin: Printed by
John Marshall & co., 1859. iv, 836, [3] pp. Reprinted 2004
by The Lawbook Exchange, Ltd. ISBN 1-58477-438-X. Cloth. $150.
* With
unabridged texts of the Articles of Annexation, the constitutions of
Texas and the United States and a through index. This was the third
compilation of Texas laws and the final compilation published before
the Civil War. It is thus an ideal complement to the
Reconstruction-era Digest of the Laws of Texas, 1754-1873 by
George W. Paschel, which was published in 1874. Both titles are
listed in John H. Jenkins' Basic Texas Books: An Annotated
Bibliography of Selected Works for a Research Library.
Oldroyd,
Osborn H. The
Assassination of Abraham Lincoln. The Flight, Pursuit, Capture
and Punishment of the Conspirators. Washington, D.C.: O.H.
Oldroyd, 1901. xviii, 305pp. Illustrated. Reprinted 2002 by The
Lawbook Exchange, Ltd. ISBN 1-58477-125-9. Cloth. $75.
* Osborn
H. Oldroyd was a collector of books, papers, medals, autograph
letters and documents, furniture and other materials from the
Lincoln homestead in Springfield, Ill., having lived for ten years
in that home and eight years later in the house in which Lincoln
died following his assassination on April 14, 1865. A portion of his
collection of over 3,000 items, the "Oldroyd Lincoln Memorial
Collection" is now on display at the Ford's Theatre and Lincoln
Museum in Washington, DC. In this volume Oldroyd recounts the events
leading up to and following the assassination, including several
chapters on the trials of the conspirators. Oldroyd recounts in
great detail the trip he took in May, 1901, in which he traced the
route that John Wilkes Booth took during his escape and capture and
interviewed several who aided the assassin in his flight. Oldroyd's
account is enhanced by his references to the many sources in his
collection and augmented further in the accompanying 82
illustrations.
Oppenheim, L[assa Francis
Lawrence]. International
Law: A Treatise. Edited by Ronald F. Roxburgh. London: Longmans,
Green & Co., 1920-1921. Two volumes. xliii, 799; xxviii, 671
pp. Reprinted 2006 by The Lawbook Exchange, Ltd. ISBN 1-58477-609-9.
Cloth. $250.
* Reprint of the third edition. Oppenheim's
major work, first published in 1905-6, and repeatedly re-edited
is "still highly authoritative. According to the Oxford
Companion to Law, "[Oppenheim] was a positivist who found
international law in custom, international decisions and quasi-legislation"
(904). "Oppenheim's treatise...is an outstanding work on international
law not only from the point of view of its content, scope, authoritativeness
and up-to-date character, but from the point of view of its adaptability
and usefulness for the purpose of study and consultation.":
V.R.I, Law Quarterly Review (1922) 52: 139-140.
Ordronaux, John.
The Jurisprudence of Medicine in its Relation to the Law
of Contracts, Torts, and Evidence: with a Supplement on the
Liabilities of Vendors of Drugs. Philadelphia: T. &
J.W. Johnson, 1869. xvi, 310 pp. Reprinted 2006 by The Lawbook
Exchange, Ltd. ISBN-13: 978-1-58477-503-4. ISBN-10: 1-58477-503-3.
Cloth. $95.
* According to Kronick, this is
the "first genuine work on medical jurisprudence as distinguished
from legal medicine." It contains four sections: Rights,
Remedies, and Liabilities of Physicians, with a subchapter on
superintendents of asylums for the insane; medical evidence,
with a full chapter on evidence in cases of alleged insanity;
the ethics of medicine; and, the jurisprudence of pharmacy.
A lawyer and physician who held chairs at Columbia Law School
and Dartmouth Medical School, Ordronaux [1830-1908] also served
as the first New York State commissioner for the mentally ill.
Kronick, Landmark Books in Legal Medicine, 1981.
 Orfield,
Lester Bernhardt. Criminal Procedure from Arrest to Appeal.
New York: New York University Press, 1947. xxxi, 614 pp. Reprinted
2005 by The Lawbook Exchange, Ltd. ISBN 1-58477-522-X. Cloth.
$95.
* This study was originally published as part of the influential
Judicial Administration series published under the auspices
of the National Conference of Judicial Councils. "[L]awyers
who practice in criminal courts and those who are interested
in the improvement of a very vital part of the administration
of justice will find this volume both interesting and instructive.
Prof. Orfield has presented us with a fine piece of constructive
scholarship which must be considered in the light of his purpose
and method, which consists of tracing the history of the subject,
stating the law briefly and offering sound standards of reform.":
Lloyd P. Stryker, Columbia Law Review 48:1265-1267 cited
in Marke, A Catalogue of the Law Collection of New York University
(1953) 452.
Orfield, Lester Bernhardt.
The Growth of Scandinavian Law. Philadelphia: University
of Pennsylvania Press for Temple University Publications, 1953.
xx, 363 pp. Reprinted 2002 by The Lawbook Exchange, Ltd. ISBN-10:
1-58477-180-1. Cloth. New. $90.
* A study
in comparative law that examines the legal systems of Denmark,
Iceland, Norway, and Sweden and the forces that influenced their
development. According to Orfield, the Scandinavian states are a
useful area for study due to their democratic traditions, high rates
of literacy, commitment to progressive social legislation, and
unique examples of law based largely on custom and usage that owe
little to Anglo-American or Continental models.
Park,
James Allan.
A System of the Law of Marine Insurances. With Three Chapters
On Bottomry; On Insurances on Lives; And On Insurances Against
Fire. Boston: Thomas and Andrews, 1799. xxvii, liv, 516 pp.
Reprinted 2005 by The Lawbook Exchange, Ltd. ISBN 1-58477-518-1.
Cloth. $125.
* Reprint of the second American edition,
based on the third London edition, 1797, to which it is starred.
First published in 1787, Park's Marine Insurances was the
first English treatise on the subject and, according to Holdsworth,
"the best." It went through numerous editions, both
in England and America and remained the standard text until the
mid-nineteenth century. It begins with a history of insurance
in the maritime states of Europe. The following chapters explain
average, salvage, abandonment and how insurance policies are constructed.
The final sections address liability and topics dealing with procedure
and evidence. Cases and authorities are discussed at length, underlying
principles are given as well. Holdsworth, A History of English
Law VIII:263.
Parnell,
Henry. A History
of the Penal Laws Against the Irish Catholics, from the Treaty
of Limerick to the Union. Dublin: Printed by H. Fitzpatrick,
1808. 226, xxii pp. Reprinted 2003 by The Lawbook Exchange, Ltd.
LCCN 2002044357. ISBN 1-58477-310-3. Cloth $80.
* Reprint
of first edition. Sir Henry Parnell [1776-1842], later Lord
Congleton, was an Anglo-Irish parliamentarian and treasury official
sympathetic to the plight of Irish Catholics. Enhanced by its
extensive quotation of source records, this book traces the history
of laws against "religious non-conformists" between 1689 and 1801.
Though certainly partisan, it is valuable for Parnell's perspective
and first-hand knowledge of several crucial events of the 1780s and
`90s.
Parry,
Edward Abbott.
The Law and the Poor. London: Smith, Elder & Co., 1914.
xxi, 316 pp. Reprinted 2004 by The Lawbook Exchange, Ltd. ISBN
1-58477-354-5. Cloth $70.
* Reprint
of first edition. Parry [1863-1953] was an English municipal judge
for over twenty years. His book, a guide for "the man in the
street," which began as a series of newspaper articles, outlines the
laws concerning insolvency, debt and poverty. It is distinguished by
its emphasis on cultural attitudes toward the poor, and its
readability and humanity. Parry's was among the strong voices to
speak in sympathy to the poor in response to the Poor Law Amendment
Act which had been enacted in 1834. "Judge Parry is particularly
gifted with that rare imagination which enables him to see mortal
men and women where others see cases, litigants, and parties before
the courts. Hence his volume is a rare document, especially useful
as a corrective to the tendency to lose sight of actual living
conditions in the logical pursuit of abstract legal doctrines."
Cohen, Law and Social Order cited in Marke, A Catalogue of
the Law Collection at New York University (1953) 810.
Parsons,
Theophilus. The
Political, Personal, and Property Rights of a Citizen of the United
States, How to Exercise and Preserve Them. Together with I. A
Treatise on the Rules of Organization and Procedure in Deliberative
Assemblies; II. A Glossary of Law Terms in Common Use. Hartford:
S.S. Scranton and Company, 1875. xvi, 744 pp. Reprinted 2004 by
The Lawbook Exchange, Ltd. LCCN 2002044367. ISBN-13: 978-1-58477-319-1.
ISBN-10: 1-58477-319-7. Cloth. $125.
* This
book outlines the political rights of American citizens and
maintains the importance of the rights of the individual. A
discussion of the United States Constitution and the constitutions
of the states and territories is followed by an overview of personal
rights. The book concludes with a digest of family, property and
business law relevant to personal and property rights. The extensive
appendix includes a glossary of common law terms and a treatise on
the rules of order in deliberative bodies. Parsons [1797-1882] was
Dane Professor of Law at Harvard University from 1848 to 1870 and
the author of several popular treatises.
Parsons,
Theophilus. A
Treatise on Maritime Law: Including the Law of Shipping, the Law
of Marine Insurance, and the Law and Practice of Admiralty.
Boston: Little, Brown and Company, 1859. Two volumes. Reprinted
2004 by The Lawbook Exchange, Ltd. LCCN 2003052779. ISBN-13: 978-1-5847-368-9.
ISBN-10: 1-58477-368-5. Cloth. $275.
* Reprint
of the first edition. Parsons was a member of the Harvard Law School
faculty and an authority on maritime law. This impressive treatise
was a breakthrough because it was the first to consider the law of
shipping, the law of marine insurance and the law and practice of
admiralty as interconnected aspects of maritime law. Parsons also
includes an extensive list of United States statutes relating to
commercial and maritime matters and the rules of practice for United
States Courts of Admiralty and Maritime jurisdiction. Taken
together, he offers an unparalleled contemporary overview of the
subject by one of the most important American legal scholars of the
period.
Partridge,
Eric, Compiler.
A Dictionary of the Underworld, British and American.
Being the Vocabularies of Crooks, Criminals, Racketeers, Beggars
and Tramps, Convicts, the Commercial Underworld, the Drug Traffic,
the White Slave Traffic, Spivs. New York: The Macmillan Company,
1950. xv, 804 pp. Reprinted 2004 by The Lawbook Exchange, Ltd.
ISBN 1-58477-444-4. Cloth. $150.
* Reprint
of the second edition. One of the great lexicographers of the
twentieth century, Partridge compiled the Dictionary of Slang and
Unconventional English, Shakespeare's Bawdy, A
Dictionary of Catch Phrases and other books. Thoroughly
engrossing, A Dictionary of the Underworld offers definitions
for such obscure terms and phrases as "witch-hazel man" (heroin
addict), "sarbot" (informer), "eason" (to tell) and "budge a beak"
(run away).
[Penn,
William]. [Magna Charta].
The Excellent Priviledge of Liberty and Property. Being a Reprint
and Fac-Simile of the First American Edition of Magna Charta Printed
in 1687 Under the Direction of William Penn and William Bradford.
Philadelphia: Printed for the Philobiblon Club, 1897. xv, 168,
63 pp. Reprinted 2004 by The Lawbook Exchange, Ltd. ISBN 1-58477-398-7.
Cloth. $125.
* Reprint of the 1897 edition, which
was limited to 155 copies. There are only three known copies of
the original 1687 edition. A lavish production, it has decorations
by noted illustrator Edward Stratton Holloway, an introduction
by Frederick D. Stone, extensive notes and a table of dates. It
also includes texts of the Magna Charta, A Confirmation
of the Liberties of England, and of the Forest, Made Anno XXV.
Edward I, The Sentence of the Clergy Against the Breakers
of Those Articles, The Sentence or Curse Given by the Bishops
Against the Breakers of the Great Charter, A Statute Made
Anno XXXIV. Edward I., Commonly Called De Tallegio non Concedendo,
The Comment Upon the Statute De Tallegio non Concedendo
and An Abstract of the Patent Granted by the King to William
Penn and His Heirs and Assigns for the Province of Pennsylvania
and The Frame of the Government of the Province of Pennsylvania
and Territories Thereunto Annexed, in America.
Perry, Ross R.
Common-law Pleading: Its History and Principles. Including Dicey's
Rules Concerning Parties to Action and Stephen's Rules of Pleading.
Boston, Little, Brown and Company, 1897. xxvi, 494 pp. Reprinted
2001 by The Lawbook Exchange, Ltd. ISBN 1-58477-105-4. Cloth. $95.
* This
treatise, intended for the student and scholar of the late nineteenth-century,
examines the fundamentals of common-law pleading as originally outlined
by Pollock and Maitland, Chitty, Stephen and Dicey.
Pharr, Clyde. The
Theodosian Code and Novels and the Sirmondian Constitutions: A
Translation with Commentary, Glossary, and Bibliography. [Princeton]:
Princeton University Press, 1952. xxvi, 643 pp. Reprinted 2001
by The Lawbook Exchange, Ltd. LCCN 2001023441. ISBN-13: 978-1-58477-146-3.
ISBN-10: 1-58477-146-1. Cloth. $195.
*
Definitive scholarly English translation of the Theodosian Code,
which was the Code of laws that regulated Roman life at its apex
before the era of Justinian. The structure and scope of this text
illustrate the complexity of the legal system of this fascinating
era and the ultimate fall of the Roman empire. Marital law, adultery
and inheritance; libel; the military; pardons; government
administration; tax and tax appeals; fiscal law, debtors, and
petitions; notification of suit; the secret service; land matters;
gladiators, conscripted labor and compulsory public service, slavery
and manumission, including the restriction of Jews against ownership
of Christian slaves; the relationship of church and state and much
more are covered. With thorough introduction, commentary, glossary,
bibliography. Well-indexed.
Phelps,
Charles E.
Falstaff and Equity: An Interpretation. Boston: Houghton,
Mifflin and Company, 1902. xvi, 201 pp. Reprinted 2002 by The
Lawbook Exchange, Ltd. ISBN 1-58477-230-1. Cloth. $65.
* "Judge
Phelps of Baltimore has done a very pretty piece of legal and
literary work in this volume. The text is Falstaff's remark in the
Gadshill scene: `An the Prince and the Poins be not two arrant
cowards, there's no equity stirring." All the commentators have
passed this over, assuming, it seems, that the meaning is only
`there's no such thing as justice in the world.' Certainly the words
will bear that meaning. But it is a flat remark for Falstaff to
make, if that is all. Is it not really pointed by some special
allusion? Putting that question to himself as a good Shakespeare
reader, Judge Phelps, as a good lawyer, answers it by looking to
what was happening in the Courts just before the first part of Henry
IV was produced. That was some time in 1597, probably near the end
of the year. It turns out that equity was stirring very much in
1596-7.": F.P., Law Quarterly Review 17: 322-323 cited in
Marke, A Catalogue of the Law Collection at New York University
(1953) 1143.
Phillimore,
John George. Principles
and Maxims of Jurisprudence. London: John W. Parker and Son,
1856. xxiv, 408 pp. Reprinted 2001 by The Lawbook Exchange, Ltd.
ISBN 1-58477-177-1. Cloth. $85.
* In this
study of important principles and maxims of Roman law, Phillimore
[1808-1865] provides commentary on selected maxims of Papinian,
Ulpian, Paulus, Scaevola, Marcianus and Gaius; sets forth rules for
the interpretation of law, contracts, and wills and discusses
arguments used in the Pandects (Justinian's Digest). With a
table of cases. Phillimore (son of Joseph Phillimore, editor of
admiralty reports) was an English jurist called to the Bar in 1832
who later became a Reader in Constitutional Law and Legal History to
the Inns of Court. Marke, A Catalogue of the Law Collection at
New York University (1953) 921. Walker, The Oxford Companion
to Law 956. Catalogue of the Library of the Law School of
Harvard University (1909) II:343.
Phillips,
Walter Alison.
The Confederation of Europe: A Study of the European Alliance,
1813-1823 as an Experiment in the International Organization of
Peace. London: Longmans, Green and Co., 1920. xviii, 320 pp.
Reprinted 2005 by the Lawbook Exchange, Ltd. ISBN-13: 978-1-5847-544-6.
ISBN-10: 1-58477-554-8. Cloth. $90.
* reprint of the second edition. Phillips
[1864-1950] believed that World War I, though greater in scale,
was similar to earlier European conflicts. Hopeful that the newly
formed League of Nations could learn a useful lesson from the
past, he offers an account of its most successful forerunner,
the European alliance of 1813-1823, which was formed at the end
of the Napoleonic Wars. Reaching its apogee in the Congress of
Vienna, the alliance initiated a brief but fruitful era of political
stability. After enumerating the factors that ended the alliance,
Phillips uses these examples to advise the new League of analogous
problems it may face.
Phillipson,
Coleman. International
Law and the Great War. With Introduction by Sir John MacDonnell.
London: T. Fisher Unwin, 1915. xxiv, 407 pp. Reprinted 2005 by
The Lawbook Exchange, Ltd. ISBN 1-58477-569-6. Cloth. $125.
* Phillipson addressed the future
of international law at a time when many questioned its validity.
Although he acknowledges that the war made a shambles of international
law, he is hopeful that memories of the war's human and material
costs when the fighting ends will lead to a renaissance of international
law. Indeed, he predicts that nations will work to enforce it
through a "World Tribunal." His conclusions are based
an a careful analysis of the war's causes, its immediate effects
on combatants, non-combatants and prisoners of war.
Pitman,
Benn, Recorder and Editor.
The Assassination of President Lincoln and the Trial of the
Conspirators. Cincinnati: Moore, Wilstach & Baldwin, 1865.
xvi, [17]-421, 203-210 pp. Frontispiece, illustrations, three
maps and Appendix. Reprint available August 2006 by The Lawbook
Exchange, Ltd. ISBN 1-58477-600-5. Cloth. $95.
* This is the text of the trial transcript
with narrative commentary by the recorder of the military tribunal
that tried the conspirators. One of the most traumatic events
in U.S. History, the assassination of President Lincoln has several
aspects that remain a subject of debate. One is the legality of
the tribunal. For example, it is unclear whether the assassins
were guerrilla soldiers or civilians, which raises questions about
the choice of tribunal. In order to consider issues such as these
it is useful to have access to the original source records. Pitman's
annotated transcript is one of the most important.
The appendix contains the verdict of
the Military Commission together with President Johnson's approval
and his Official Order for the execution of David E. Harold, George
A. Atzeroth, Lewis Payne and Mary E. Surratt; an account of the
their executions; and Mrs. Surratt's petition for a writ of Habeas
Corpus with the President's indorsement suspending the writ in
the case (From The Trial of the Assassins and Conspirators
at Washington City, D.C., May and June, 1865, for the Murder of
President Abraham Lincoln. Philadelphia: Peterson & Brothers,
1865.)
Plucknett,
Theodore F.T. A
Concise History of the Common Law. Fifth Edition. Boston:
Little, Brown and Company, 1956. Reprinted 2001 by The Lawbook
Exchange, Ltd. LCCN 00-067821. ISBN-13: 978-1-58477-137-1. ISBN-10:
1-58477-137-2. Cloth. $125.
*
"Professor Plucknett has such a solid reputation on both sides of
the Atlantic that one expects from his pen only what is scholarly
and accurate...Nor is the expectation likely to be disappointed in
this book. Plucknett's book is not...a mere epitome of what is to be
found elsewhere. He has explored on his own account many regions of
legal history and, even where the ground has been already quartered,
he has fresh methods of mapping it. The title which he has chosen
is, in view of the contents of the volume, rather a narrow one. It
might equally well have been A Concise History of English Law...In
conjunction with Readings on the History and System of the Common
Law by Dean Pound...this book will give an excellent grounding
to the student of English legal history." Percy H. Winfield. Harv.
L. Rev. 43:339-340.
Plucknett,
Theodore F.T. Statutes
and Their Interpretation in the First Half of the Fourteenth Century.
Cambridge: Cambridge University Press, 1922. xliv, 200 pp. Reprinted
2005 by The Lawbook Exchange, Ltd. ISBN 1-58477-485-1. Cloth.
$90.
* An important book by a preeminent
scholar of English legal history. Using evidence drawn from the
Year Books from 20 Edw. I to 20 Edw. III Plucknett [1897-1965]
analyzes the nature of early statutes as seen in the rules for
their construction and their use in court. He shows that the early
statutes were more legislative than declaratory, and were treated
as such by the courts. "This is an essay of absorbing interest
and of great value to historians of the law. Every page shows
not only immense industry, but sound learning.": Law Quarterly
Review 39:138-139 cited in Marke, A Catalogue of the Law
Collection at New York University (1953) 143.
Poole,
Reginald Lane.
The Exchequer in the Twelfth Century. Oxford: Clarendon
Press, 1912. ix, 195 pp. Reprint available July 2006 by The Lawbook
Exchange, Ltd. ISBN 1-58477-658-7. Cloth. $75.
* The English Exchequer of the twelfth
century developed sophisticated notarial and administrative skills
and was an important precursor to the modern centralized state.
Poole examines its history, organization and primary documents,
including the pipe rolls and red and black books, and demonstrates
that its reorganization during the reigns of Edward I and II had
a decisive influence on the institutional systems of the king's
continental possessions. "[A] thorough, scholarly exposition
of the subject.": Lunt, History of England 865 cited
in Marke, A Catalogue of the Law Collection at New York university
(1953) 144.
Poole,
Reginald L.
Lectures on the History of the Papal Chancery Down to the Time
of Innocent III. Cambridge: At the University Press, 1915.
xvi, 211 pp. Reprinted 2005 by The Lawbook Exchange, Ltd. ISBN
1-58477-486-X. Cloth. $75.
* Papal Bulls and other documents
produced by the Cancellaria Apostolica comprise one of
the most important bodies of western canon and ecclesiastical
law. They were especially important during the early and high
medieval era, the period considered in this incisive study. Poole
analyzes the paleographic features of documents produced between
the ninth and early thirteenth centuries and their modes of transmission.
Turning to the authors, he outlines the history of the Papal Chancery
and the characteristics of its literary style. He concludes with
a group of useful appendixes containing sample documents and bibliographic
data.
Pollock,
Frederick, and Frederic William Maitland. The
History of English Law before the Time of Edward I.
Cambridge: Cambridge University Press, 1898. Two volumes. xxxviii,
688; xiv, 691 pp. Reprinted 1996 by The Lawbook Exchange, Ltd.
LCCN 96-16003. ISBN 1-886363-22-6. Cloth. $250.
* Second
edition. A landmark work on English legal history. Professors
Maitland of Cambridge and Pollock of Oxford joined forces (although
Maitland is credited with the lion's share) to write what has been
termed an epoch-making work. The authors elucidate the origins of
English law, providing for the first time a systematic presentation
of the early stages of its evolution. The first volume gives an
historical overview, beginning with ecclesiastical law and
proceeding to cover Anglo-Saxon law, Norman law, Roman and Canon
law, and law in the time of Glanvill and Bracton. The second treats
the doctrines of English law, including all aspects of tenure, the
law of personal condition, status, and estate, and the jurisdiction
and the communities of the land. Clear exposition and countless
references make this an essential book for anyone interested in
early English law.
Pollock,
Sir Frederick.
The Expansion of the Common Law. London: Stevens and Sons,
Limited, 1904. vii, 164pp. Reprinted 2002 by The Lawbook Exchange,
Ltd. LCCN 00-067015. ISBN 1-58477-169-0. Cloth. $65.
* The
Preface describes the work as "a rapid survey of a wide field." The
book is also interesting for the essay "The Vocation of the Common
Law" based on an address to the Harvard Law School Association, June
25, 1895, in which Sir Pollock calls for a reciprocal legal
arrangement between the judges of the United States and Great
Britain when merited by an important matter at hand. He compares the
legal relationship of Great Britain and the United States to that of
Great Britain and British India. His argument concludes "There is no
reason why we should not live in hope of our system of judicial law
being confirmed and exalted in a judgment-seat more than national,
in a tribunal more comprehensive, more authoritative, and more
august than any the world has yet known." (p. 21) With an appendix
giving a summary view of Anglo-Saxon law before the Norman Conquest.
Pollock,
Sir Frederick.
The Genius of the Common Law. New York: The Columbia University
Press, 1912. vii, 141 pp. Reprinted 2000 by The Lawbook Exchange,
Ltd. LCCN 99-047160. ISBN 1-58477-043-0. Cloth. $60.
* A
collection of Sir Frederick Pollock's lectures from the Carpentier
Series at Columbia University. Holdsworth praised the eight lectures
as a discussion of "...critical studies of aspects and
characteristics of the common law which only an accomplished legal
historian, a master of the modern law, and a professor of
jurisprudence could have written." Holdsworth, Some Makers of
English Law 287. Marke, A Catalogue of the Law Collection of
New York University (1953) 143.
Pollock,
Sir Frederick.
The League of Nations. London: Stevens and Sons, Limited,
1920. xv, 251 pp. Reprinted 2003 by The Lawbook Exchange, Ltd.
ISBN-10: 1-58477-247-6. Cloth. $70.
* A
trenchant analysis of the League of Nations by one of the leading
legal scholars of the day. Divided into two parts, the work begins
with a general history of international relations since the Middle
Ages. Other chapters examine earlier methods of international
arbitration, the Hague Peace Conferences of 1899 and 1907 and
preliminary developments in the early 1900s that would later
influence the league's character. Additional topics include the
Congress of Vienna and the Alabama case. The second part examines
the establishment of the league, then proceeds to article-by-article
commentary of its charter (or Covenant). Pollock also includes an
appendix containing the texts of source materials and early drafts
of the charter.
Pomeroy, John N.
A Treatise on Equity Jurisprudence As Administered in the United
States of America. Adapted for All the States and to the Union of
Legal and Equitable Remedies under the Reformed Procedure. San
Francisco and New York: Bancroft-Whitney and Lawyers Cooperative,
1941. Five volumes. 914; 1134; 1063; 1104; 716 pp. Reprinted 1995
by The Lawbook Exchange, Ltd. ISBN 1-886363-05-6. Cloth. New. $650.
* Still
being cited in the highest appellate courts, "[o]ne of the main
strengths of Pomeroy is the treatment of the fundamental principles
or maxims of equity: that treatment is unrivaled in any modern
equity text.": Peter McDermott, International Trade and Business
Law Annual 2 (2):297 (1996). "Few modern textbooks are of
permanent value. Pomeroy's Equity Jurisprudence is an
exception.": Albert J. Beveridge in Vanderbilt, Studying Law
27. "As a book of reference, indeed, it will outrank the
Restatements.... As an encyclopedia, too, Pomeroy is useful as
indicating some of the reaches of our equitable process.":
Virginia Law Review 29:507-9.
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