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Schwartz,
Bernard, Editor.
The Code Napoleon and the Common-Law World: The Sesquicentennial
Lectures Delivered at The Law Center of New York University December
13-15, 1954. New York: New York University Press, 1956. x,
438 pp. Reprinted 1998 by The Lawbook Exchange, Ltd. LCCN 98-34100.
ISBN 1-886363-59-5. Cloth. $80.
* Reprint
of the first edition, the work consists of the papers delivered by
participants in the conference sponsored by the New York University
Institute of Comparative Law to honor the 150th anniversary of the
French Civil Code, which was the largest public celebration of the
event in the legal world. The papers deal with the influence of the
Code upon common-law countries in their efforts to manage statute
and case law and gives examples of modern attempts at restatement of
the law and uniform state laws as examples of the effect of the
Code's coherence and logic. At the time of these lectures Schwartz
was Director of the Institute.  
Schwarz,
Philip J. Twice
Condemned: Slaves and the Criminal Laws of Virginia, 1705-1865.
[Baton Rouge: Louisiana State University Press]. [1988]. xvi,
354pp. Reprinted 1998 by The Lawbook Exchange, Ltd. LCCN 98-4424
ISBN 1-886363-54-4. Cloth. $75.
*
Analyzes the history of enslaved African Americans' relationship
with the criminal courts of the Old Dominion during a 160 year
period. Before Twice Condemned was first published in 1988,
historians often focused primarily on isolated or dramatic examples
of the sometimes deadly conflict present in societies based on slave
labor. But Twice Condemned analyzes the prevalence,
longevity, and variety of behavior attributed to slave convicts. In
doing so, this book also provides a detailed picture of how one
slave society evolved, of some previously unexamined aspects of
slave culture, and of slave owners' attitudes toward the "domestic
enemy" in their midst. Schwarz'
study is based on over four thousand trials from the colonial, early
national, and antebellum periods. Twice Condemned traces the
manner in which slaves' and whites' conflicting perceptions of
legitimate behavior informed their actions. The judicial system for
slaves served two purposes: it helped slave owners control slaves
and enabled authorities to sanction criminal behavior. This dual
function of slave trials mirrored the two kinds of slaves' behavior
judges tried to suppress. Slaves' overt resistance to bondage was
regularly curtailed and antisocial and dangerous actions were
sometimes punished. Twice
Condemned demonstrates that the relationship between slaves and
the white-controlled justice system constantly changed. There were
major variations in slaves' attacks on whites, and even on other
slaves, depending on where enslaved Americans lived, how long they
had lived there, and the previous behavior of slaves there.
Similarly, accusations against and punishments of bondspeople varied
from one community to another. While
Schwarz concedes that trial records cannot offer a comprehensive
view of slave resistance, he demonstrates that they do give the best
indication yet of slaves' challenges to white authority and control,
and of white responses to those challenges. When focused on slave
resistance, this study illuminates some of the many ways black
Virginians were able to confront the seemingly overwhelming power of
the white society that enslaved them. Twice
Condemned provides a fascinating portrayal of slave culture and
slave resistance to white society not only as a means of resistance
against oppression but as a means of individual empowerment.
Scott,
Colonel H[enry] L[ee]
Military Dictionary: Comprising Technical Definitions: Information
On Raising and Keeping Troops; Actual Service, Including Makeshifts
and Improved Materiel; and Law, Government, Regulation, and Administration
Relating to Land Forces. New York: D. Van Nostrand, 1863.
674 pp. Illustrations. Reprint available May 2006 by The Lawbook
Exchange Ltd. ISBN 1-58477-579-3. Cloth. $125.
* This dictionary addresses all subjects
of interest to an officer of the U.S. Army. It contains a large
number of definitions relating to civil and military law and government
based on the works of Bouvier, De Hart, Dunlop, Guillot, Pendergast,
Vattel, Wheaton and others. A reissue of a work first published
in 1861, it encapsulates the state of legal knowledge as it was
understood by the American military before it was confronted by
the complications wrought by the Civil War and the reforms effected
by Lieber's code. Scott [1814-1886] was a colonel and Inspector-General.
Scott,
Henry W. The
Courts of the State of New York: Their History, Development and
Jurisdiction: Embracing a complete history of all the Courts and
Tribunals of Justice, both Colonial and State, established from
the first settlement of Manhattan Island and including the status
and jurisdiction of all the Courts of the State as now constituted.
New York: Wilson Publishing Co., 1909. iv, 506 pp. Reprinted 2001
by The Lawbook Exchange, Ltd. LCCN 99-10259. ISBN 1-886363-84-6.
Cloth. $95.
* History
of the courts of the state of New York, comprehensive in scope and
detail, covering the years from 1623 to the work's publication in
1909. Marke, A Catalogue of the Law Collection of New York
University (1953) 171.
Scott,
James Brown. James
Madison's Notes of Debates in the Federal Convention of 1787 and
their Relation to a More Perfect Society of Nations. New York:
Oxford University Press, 1918. xviii, 149pp. Reprinted 2001 by
The Lawbook Exchange, Ltd. ISBN 1-58477-164-X. Cloth. $65.
* Scott
examines Madison's notes on the Federal Convention of 1787 from the
perspective that the Federal Convention of 1787 "was in fact as well
as in form an international conference" (from the Preface) and
therefore views the Constitution as an international document. Henry
Wolf Bikle called the work "an excellent resume of the history of
the Federal Convention of 1787, primarily in the light of Madison's
Notes of the Debates.": Harvard Law Review 33:744 cited in
Marke, A Catalogue of the Law Collection at New York University
(1953) 380.
Scott,
James Brown. Judicial
Settlement of Controversies between States of the American Union:
An Analysis of Cases Decided in the Supreme Court of the United
States. Oxford: Clarendon Press, 1919. xiii, 548 pp. Reprinted
2002 by The Lawbook Exchange, Ltd. LCCN 00-066333. ISBN 1-58477-172-0.
Cloth. $120.
* This
volume offers the texts of eighty Supreme Court decisions written
between 1799 and 1918 concerning controversies between states, along
with extensive analyses and commentaries. These are preceded by
three general chapters that examine the rise of judicial procedure
between the states, the ability of states to be sued by citizens of
other states, and attempts by citizens of states to bring action
against other states by methods of indirection. As indicated by the
final chapter, "A Lesson For the World at Large," the author has a
larger goal in mind. Deeply influenced by the devastation of the
First World War, Scott [1866-1943], a participant in the Versailles
Conference, aimed to demonstrate that the American legal system that
maintains peace between the individual states could serve as a model
for the rest of the world.
Scott,
James Brown. Law,
The State, and the International Community. New York: Columbia
University Press, 1939. Two volumes. Reprinted 2002 by The Lawbook
Exchange, Ltd. ISBN-10: 1-58477-178-X. Cloth. $175.
* Volume
One: A Commentary on the Development of Legal, Political and
International Ideals. Volume Two: Extracts Illustrating the Growth
of Theories, and Principles of Jurisprudence, Government, and The
Law of Nations. "This is a work of ambitious scope and conspicuous
industry. It attempts a survey of the chief currents of political
and juridical speculation from classical times to the end of the
16th century. The author divides his subject into six main periods:
The Greek Background, The Roman Heritage, The Christian Heritage
(Ancient and Medieval), The Transition from Medieval to Modern
Thought, The Era of Reform, The Beginning of the Modern Age. The
terminus is Richard Hooker on the brink of the 17th century. From
the Dark Ages onwards, the teachings of twenty celebrated
theological, political, and international savants are analyzed and
presented in concentrated form. (...) One of Professor Scott's best
chapters is on Francisco de Vittoria (c. 1483-1546), who is of
particular interest for his influence on Grotius, and to whose
remarkable Relectio de Indis Professor Scott has devoted
special research." Marke, A Catalogue of the Law Collection at
New York University (1953) 926.
Scott,
James Brown. Sovereign
States and Suits Before Arbitral Tribunals and Courts of Justice.
New York: New York University Press, 1925. x, 360 pp. Reprinted
2004 by The Lawbook Exchange, Ltd. ISBN 1-58477-459-2. Cloth.
$95.
* Scott
[1866-1943], a participant in the Versailles Conference, was an
outstanding scholar of international law. This book grew out of a
series of lectures delivered at New York University in 1924. Scott
outlines a history of states gradually renouncing warfare in favor
of international mediating agencies. His conclusions were overly
optimistic, but his book is remains valuable for its intellectual
history of inter-state mediation and its insights into the
relationship between sovereign states and the Hague Tribunal of
Arbitration and the Permanent Court of International Justice.
Scott,
James Brown. The
Spanish Origin of International Law. Francisco De Vitoria and
His Law of Nations. London: Humphrey Milford, 1934. 19a, 288,
clviii pp. Frontispiece and portrait. Reprinted 2000 by The Lawbook
Exchange, Ltd. ISBN-10: 1-58477-110-0. Cloth. $90.
*
Francisco de Vitoria [c. 1483-1546] is widely considered to be a
founder of international law. Scott holds that Vitoria's 16th
century school of international law and his important
Reflectiones, De Indis Noviter Inventis and De Jure Belli
(the text of these are included in the appendix) are in fact the
origin of the law of nations, which was to become the international
law of Christendom and the world at large. In Vitoria's writings
described herein he held that pagans had the right to freedom and
property, declared slavery to be unsound, upheld the rights of
Indians, questioned the Spanish conquest of the New World in the
time immediately following Columbus' discovery of America which gave
rise to his thesis that the community of nations transcends
Christendom. Walker, Oxford Companion to Law 1279-1280.
Scott,
James Brown. The
United States of America: A Study in International Organization.
New York: Oxford University Press, 1920. xix, 605 pp. Reprinted
2003 by The Lawbook Exchange, Ltd. ISBN-10: 1-58477-171-2. Cloth.
$120.
* With an
extensive appendix of source readings. Scott [1866-1943] presents a
detailed and comprehensively documented history of the American
Constitution from its roots in the Mayflower Compact and other
colonial associations through the Eighteenth Amendment. It can be
read in this regard as a survey history. His study is especially
interesting, however, as a political document written to address the
effects of the First World War. Scott wrote this book for a European
audience, hoping that his analysis of the Constitution would
influence the creation of an international organization of states
governed by a "Court of Nations" modeled on the American Supreme
Court. As such, he emphasizes the Constitution's role as an agent of
peace and cooperation among different political units. Scott's ideas
were later reflected in the establishment of the International Court
of Justice, the League of Nations and the United Nations.
Scott,
S.P. The Civil
Law Including the Twelve Tables, The Institutes of Gaius, The
Rules of Ulpian, the Opinions of Paulus, The Enactments of Justinian,
and the Constitutions of Leo: Translated from the Original Latin,
Edited, and Compared With All Accessible Systems of Jurisprudence
Ancient and Modern. In Seventeen Volumes. In Seven Books.
Cincinnati: The Central Trust Company, 1932. Seven volumes. (7"
x 10"). Reprinted 2001 by The Lawbook Exchange, Ltd. LCCN
00-065549. ISBN-13: 978-1-58477-130-2. ISBN-10: 1-58477-130-5.
Cloth. $895.
*
Comprehensive translation of numerous sources of Roman law, from the
original Latin. Notable for its inclusion of the only complete
English translation of the entire Corpus Iuris Civilis. An
invaluable source of primary materials for the student of Canon law,
Roman law or jurisprudence. Volume One
contains: Twelve
Tables Institutes
of Gaius Rules of
Ulpian Opinions of
Paulus Enactments
of Justinian Volume Two
contains: Enactments
of Justinian Digest or
Pandects Books III-XVII Volume
Three contains: Enactments
of Justinian Digest or
Pandects Books XVIII-XXIX Volume Four
contains: Enactments
of Justinian Digest or
Pandects Books XXIX-XXXIX Volume Five
contains: Enactments
of Justinian Digest or
Pandects Books XXXIX-L Volume Six
contains: Enactments
of Justinian The Code
Books I-IX Volume
Seven contains: Enactments
of Justinian The Code
Books IX-XII The Novels
Constitutions of Leo General
Index
Scrutton,
Thomas Edward, Sir.
The Law of Copyright. London: W. Clowes, 1903. xxv, 331
pp. Reprint available August 2006 by The Lawbook Exchange, Ltd.
2005. ISBN 1-58477-639-0. Cloth. $90.
* Reprint of the fourth and final
edition. This is both a treatise on copyright law in the British
commonwealth (as it stood in 1903) and a sharp analysis of its
shortcomings. Written in a clear and engaging manner, it was the
standard treatise of the day. Beginning with a history of English
copyright law, Scrutton considers the author's rights at common
law, lectures, oral and printed communications, such as plays,
musical copyright, literary copyright in books, artistic copyright,
colonial copyright and international copyright.
Sears,
John H. Trust
Estates as Business Companies. [Second Edition]. Kansas
City, Mo.: Vernon Law Book Company, 1921. xx, 782 pp. [1921].
Reprinted 1998 by The Lawbook Exchange, Ltd. LCCN 97-32423 ISBN
1-886363-41-2. Cloth. $110.
* Sears
invented the term "trust estates as business companies" which was
recognized and defined in Rawle's Third Revision of Bouvier's Law
Dictionary. A practical description of the law of trusts
including historical perspectives into the origin of the modern
"Massachusetts Business trust," arguably the only common-law method
of business organization available with limited liability for the
organizers, including the Standard Oil Trust. The text also
includes a discussion of income taxation which is still of continued
relevance in today's tax law, discussions of "Common Law Companies,"
"Business Trusts" and "Voluntary Associations" and relevant
Massachusetts and Oklahoma statutes. The second edition is a
significant update to the original 1912 edition.
Seidman,
J[acob] S. Seidman's
Legislative History of Federal Income Tax Laws 1938-1861.
New York: Prentice-Hall, Inc., [1938]. xviii, 1166 pp. Reprinted
2003 by The Lawbook Exchange, Ltd. ISBN 1-58477-336-7. Cloth.
New. $225.
* This
legislative history of the course of federal income tax laws as they
have proceeded through Congress will be useful to those arguing or
ruling on tax cases. The work collects the texts of the committee
reports and discussions on the floor of Congress relating to all of
the income tax provisions of the Revenue Acts from 1861 to 1938 that
are of interpretive significance. Material is arranged act by act in
inverse chronology. "The principle contribution is that it gathers
together in compact and organized form these essential materials,
which are otherwise scattered through many volumes of the
Congressional Record, committee reports, and elsewhere. Many of
these reports, particularly in the case of the earlier acts, are
either unavailable or are extremely difficult or expensive to
obtain. [T]he work has been carefully and thoroughly done.": A. H.
Kent, American Bar Association Journal 25:479. Seidman's
Legislative History of Federal Income and Excess Profits Tax Laws
1953-1939 is a two volume continuation also published by The
Lawbook Exchange, Ltd.
Seidman,
J[acob] S. Seidman's
Legislative History of Federal Income and Excess Profits Tax Laws
1953-1939. New York: Prentice-Hall, Inc., 1954. Two volumes,
1,884 pp. Reprinted 2003 by The Lawbook Exchange, Ltd. LCCN 2002041364.
ISBN-13: 978-1-5847-355-1. ISBN-10: 1-58477-335-9. Cloth. New.
$350.
*
Covering the years 1939-1954 in inverse chronology, a collection of
the texts of United States congressional committee reports,
Congressional Records, reports of hearings, and laws passed or
rejected, relating to all of the income tax provisions of the
Revenue Acts that are of interpretive significance, this legislative
history will be of interest to those arguing or ruling on tax cases.
A continuation of Seidman's Legislative History of Federal Income
Tax Laws 1938-1861, (also published by The Lawbook Exchange,
Ltd.) with the addition of extensive material relating to excess
profit tax laws.
Selden,
John. Mare Clausum.
Of the Dominion, or, Ownership of the Sea. Two Books: In the First,
is Shew'd that the Sea, by the Law of Nature, or Nations, is Not
Common to All Men but Capable of Private Dominion or Proprietie
as well as the Land in the Second, is Proved That the Dominion
of the British Sea, or That Which Incompasseth the Isle of Great
Britain, is, and Ever Hath Been, a Part or Appendant of the Empire
of that Island. Written at First in Latin and Entituled Mare
Clausum, Seu, De Dominio Maris. Translated into English and set
Forth with Some Additional Evidences and Discourses by Marchmont
Nedham. London: William Du-Gard, 1652. xliii, 200, 37 pp.
Reprinted 2004 by The Lawbook Exchange, Ltd. ISBN 1-58477-272-7.
Cloth. $110.
* Reprint
of the first edition in English. Mare Clausum (Dominion of
the Sea) is the most famous British reply to the argument of
Grotius's Mare Liberum, which denied the validity of
England's claim to the high seas south and east of England. Selden
[1584-1654], argued that England's jurisdiction extends, in fact, to
all waters surrounding the isles. His use of common-law principles
to rebut Grotius's philosophical argument is quite impressive.
Holdsworth notes that his case was enriched by "a vast historical
knowledge," replete with references to the customs of peoples from
the times of the Greeks to his time.": Holdsworth, A History of
English Law V: 10-11.
Selden,
John. Opera
Omnia, Tam Edita Quam Inedita. Collegit ac Recensuit; Vitam
Auctoris, Praefationes, & Indices Adjecit, David Wilkins.
London: Guil Bowyer [Volume One]; S. Palmer [Volume Two]; T. Wood
[Volume Three], 1726. 3 Volumes in 6 books. Complete set. Various
paginations. Portrait frontispiece by George Vertue after P.Lely.
with text illustrations and ornaments. Text in double columns.
Vols. 1-2 Latin; Vol. 3 English. Reprint available May 2006 by
The Lawbook Exchange, Ltd. ISBN 1-58477-670-6. Cloth. $1,995.
* Reprint of the first collected edition
which was limited to 750 sets, edited, with preface, index and
life of the author, by Dr. David Wilkins. Collects all of the
major legal treatises and antiquarian studies of one of the greatest
figures in English legal history. Among the titles included are
De Anno Civili Veteris Ecclesiae Judaicae Dissertatio,
De Diis Syris, Dissertatio ad Fletam, Mare Clausum,
Epistolae & Poemata, Titles of Honour, Uxor
Ebraica, The History of Tythes, Of the Judicature
in Parliament, Speeches and Arguments and Table
Talk. This set is notable also for its handsome layout and
typography, which features Roman, Italic and Hebrew type created
for Bowyer by William Caslon. In Printing Types Updike
refers to it as Bowyer's "greatest achievement" and
as "a stupendous piece of work" (II:102, 136-137).
Selden,
John. Titles
of Honor. Carefully Corrected With Additions and Amendments by
the Author. London: E. Tyler and R. Holt, 1672. [xxxiv], 756
pp. Portrait frontispiece. Illustrated.[xxxiv], 756 pp. (9"
x 12"). Reprint available May 2006 by The Lawbook Exchange,
Ltd. ISBN 1-58477-410-X. Cloth. $195.
* Reprint of the third edition. With
a eulogy by Ben Jonson. Bibliographical references in margins.
Selden's [1584-1654] great historical work on nobility begins
with a general discussion of titles and nobility. The following
chapters consider the nobility of ancient Greece and Rome, Europe,
the British Isles, the Roman Catholic and Greek Orthodox Churches,
the Middle East and Asia. The final chapters survey various aspects
of ceremony and precedence. First published in 1614, this work
went through three editions. The third is the best as it contains
substantial additions. The text is complemented with numerous
illustrations of court dress, insignia and maps.
Selden,
John. Tracts
Written by John Selden of the Inner-Temple, Esquire. The first
Entituled, Jani Anglorum Facies Altera, rendred into English,
with large Notes thereupon, by Redman Westcot, Gent. The Second,
England's Epinomis. The Third, Of the Original of Ecclesiastical
Jurisdictions of Testaments. The Fourth, Of the Disposition or
Administration of Intestates Goods. The Three last never before
Extant. London: Printed for Thomas Basset at the George in
Fleet-Street, and Richard Chiswell, 1683. [xxxiii], 131; [7],
39; [4], 24 pp. With a new introduction by Stephen M. Sheppard.
Reprint available April 2006 by The Lawbook Exchange, Ltd. ISBN
1-58477-408-8. Cloth. $195.
* Reprint of first edition. In three
parts; each part has separate title page; the last two tracts
form the third part. Included are four works: The Reverse or
Back-Face of the English Janus. To-wit, all that is met with in
story concerning the Common and Statute-Law of English Britanny,
from the first memoirs of the two nations to the decease of Henry
II...Written in Latin...; England's Epinomis; Two Treatises Written
by John Selden...The First, Of the Original of Ecclesiastical
Jurisdiction of testaments: The Second, Of the Disposition or
Administration of Intestates Goods. The first tract Jani
Anglorum... (The Reverse or Back-Face of the English Janus)
begins John Selden's [1584-1654] study of the sources of English
common law and the English constitution. This is carried through
to the Magna Carta in the second tract, England's Epinomis.
Holdsworth regards Selden "as the first scientific historian
of English law" and goes on to state: "...his great
intellectual qualities justify us in regarding him both as the
pioneer of the select band of English legal historians, and one
of the most eminent of its representatives." Holdsworth,
The Historians of Anglo-American Law 50-51. Marke, A
Catalogue of the Law Collection at New York University (1953)
146. Sweet & Maxwell, A Legal Bibliography of the British
Commonwealth of Nations I:42(33). Catalogue of the Library
of the Law School of Harvard University (1909) II:557.
Seligman,
Edwin R.A. The
Income Tax: A Study of the History, Theory, and Practice of Income
Taxation at Home and Abroad. Second Edition, Revised and Enlarged
with a New Chapter. New York: The Macmillan Company, 1914. xi,
743 pp. Reprinted 2004 by The Lawbook Exchange, Ltd. LCCN 2003052763.
ISBN 1-58477-385-5. Cloth. New. $140.
* Reprint
of second edition, which includes a new chapter on the income tax of
1913. Seligman [1861-1939], an eminent economist and authority on
tax issues, argued that graduated income taxes distribute the burden
of taxation with greater justice than other systems. This was a
persuasive idea. "In fact, Professor Seligman's advocacy of the
income tax in the various papers which were incorporated in [this
book] was an important factor in educating the American public to
the point where the passage of the Sixteenth Amendment and of the
law of 1913 was possible": Columbia Law Review 15:292. After he
sets out the fundamental problem of the concept of income taxation,
Seligman enhances his theoretical argument with a historical
examination of income tax in Europe and the United States. In Part I
he looks at the income tax in the middle ages, in England, Germany,
France, Austria, Italy and Switzerland. In Part II he covers the
history of the income tax in the United States from the New England
colonies through the income tax of 1913, and includes discussion of
the historical antecedents of the Direct Tax Clause, a description
of the historical context of the Civil War income tax and the income
tax in the Confederacy, and a consideration of the constitutionality
of the income tax. With a useful index and a thorough bibliography.
Sellers,
Alvin V. The
Loeb-Leopold Case with Excerpts from the Evidence of the Alienists
and Including the Arguments to the Court by Counsel for the People
and the Defense. Brunswick, GA: Classic Publishing Co., 1926.
321 pp. Reprinted 2003 by The Lawbook Exchange, Ltd. LCCN 2002041366.
ISBN-13: 978-1-58477-338-2. ISBN-10: 1-58477-338-3. Cloth $75.
* Reprint
of first and only edition. The Loeb-Leopold case was one of the most
fascinating and sensational trials of the twentieth century. On May
21, 1924, Nathan Leopold and Richard Loeb confessed to the thrill
killing of fourteen-year old Bobby Franks. Clarence Darrow led their
defense team. Robert Crowe, the prosecutor, was an equally skillful
adversary. What is more, both attorneys called "alienists" to the
stand who offered conflicting assessments of the defendants' mental
states. Though their guilt was beyond question, Darrow hoped to save
them from the electric chair. His successful twelve-hour plea, one
of the greatest courtroom speeches in history, moved the presiding
judge to tears. This chronicle includes extensive excerpts from the
court transcript and the complete speeches of the attorneys and
"alienists."
Servies,
James Albert. A
Bibliography of John Marshall. Washington: United States Commission
for the Celebration of the Two Hundredth Anniversary of the Birth
of John Marshall, 1956. xix, 182 pp. Reprinted 2000 by The Lawbook
Exchange, Ltd. LCCN 99-088239. ISBN 1-58477-083-X. Cloth. New.
$65.
*
Compiled by the reference librarian of the College of William and
Mary as an official publication of the United States Commission for
the bicentennial of Marshall's birth, this bibliography includes all
of Marshall's known published documents arranged by year of
composition, and selected, annotated references to printed materials
about Marshall.
Shang,
Yang. The Book
of Lord Shang. A Classic of the Chinese School of Law. Translated
from the Chinese with Introduction and Notes by Dr. J.J.L. Duyvendak.
London: Arthur Probsthain, 1928. xiv, 346 pp. Reprinted 2003 by
The Lawbook Exchange, Ltd. LCCN 2002024318. ISBN 1-58477-241-7.
Cloth. $80.
* Reprint
of Volume XVII in Probsthain's Oriental Series. With a Chinese index
and an index of names and references. The Book of Lord Shang
was probably compiled sometime between 359 and 338 BCE. Along with
the Han Fei-Tzu, it is one of the two principal sources of Legalism,
a school of Chinese political thought. Legalism asserts that human
behavior must be controlled through written law rather than through
ritual, custom or ethics because people are innately selfish and
ignorant. The law is not effective when it is based on goodness or
virtue; it is effective when it compels obedience. This is essential
to preserve the stability of the State. Roscoe Pound recommended
this book for the study of old Chinese law in Outlines of
Lectures on Jurisprudence (5th ed.) 235.
Sheppard,
Steve, Editor.
The History of Legal Education in the United States: Commentaries
and Primary Sources. Pasadena, California: Salem Press, Inc.,
[1999]. Two volumes. xiv, 584; xxvi, 589-1206, xii. pp. Reprint
available September 2006 by the Lawbook Exchange, Ltd. ISBN-13:
978-158477-690-1. ISBN-10: 1-58477-690-0. Cloth. $250.
* An invaluable and fascinating resource,
this carefully edited anthology presents recent writings by leading
legal historians, many commissioned for this book, along with
a wealth of related primary sources by John Adams, James Barr
Ames, Thomas Jefferson, Christopher C. Langdell, Karl N. Llewellyn,
Roscoe Pound, Tapping Reeve, Theodore Roosevelt, Joseph Story,
John Henry Wigmore and other distinguished contributors to American
law. It is divided into nine sections: Teaching Books and Methods
in the Lecture Hall, Examinations and Evaluations, Skills Courses,
Students, Faculty, Scholarship, Deans and Administration, Accredation
and Association, and Technology and the Future. Contributors to
this volume include Morris Cohen, Dan R. Coquillette, Michael
Hoeflich, John H. Langbein, William P. LaPiana and Fred R. Shapiro.
Shirley,
John M. The
Dartmouth College Causes and the Supreme Court of the United States.
Chicago: G.I. Jones, 1895. 469 pp. Reprinted 2003 by The Lawbook
Exchange, Ltd. ISBN 1-58477-337-5. Cloth. $90.
* Reprint
of the first edition. Dartmouth College vs. Woodward (1816-1819)
established significant precedents concerning state authority and
the nature of private enterprise. Dartmouth College was incorporated
under a royal charter in 1769 as a private corporation. In 1816 the
New Hampshire Legislature attempted to transform the college into a
state institution. Daniel Webster, representing the college
trustees, convinced the Supreme Court that the royal charter was a
contract that could not be invalidated by subsequent state
legislation. The court concurred. Its decision initiated a
significant constitutional limitation on state authority. It also
helped to define corporations as relatively unregulated private
economic entity that contributed to the public sphere through
enlightened self-interest. Shirley offers a vivid account of the
case, enriched by extensive quotation of primary archival sources.
Shumaker,
Walter A. The
Cyclopedic Law Dictionary Comprising the Terms and Phrases of
American Jurisprudence, Including Ancient and Modern Common Law,
International Law, and Numerous Select Titles from the Civil Law,
the French and the Spanish Law, etc., etc. with an Exhaustive
Collection of Legal Maxims. Second Edition by James C. Cahill.
Chicago: Callaghan and Company, 1922. xii, 545 pp. Reprinted 2001
by The Lawbook Exchange, Ltd. LCCN 99-11404. ISBN-13: 978-886363-85-4.
ISBN-10: 1-886363-85-4. Cloth. $150.
* Reprint
of the second edition. A one-volume law dictionary intended to
define and provide explanations of words and maxims relating
strictly to law, without elucidation, for those not deeply
acquainted with law. Shumaker based the work on the 1867 edition of
Bouvier's Law Dictionary and added modern terms and maxims,
which more than doubled the number of entries in the original.
Sidney,
Algernon. Discourses
on Government. To which is Added, An Account of the Author's Life,
and a Copious Index. New York: Richard Lee, 1805. Three volumes.
Reprinted 2002 by The Lawbook Exchange, Ltd. LCCN 2001038948.
ISBN 1-58477-209-3. Cloth. $275.
* This
important work appeared fifteen years after Sidney's execution for
treason in 1683. A reply to Filmer's Patriarcha, the
Discourses is one of the earliest modern statements of
republican ideals. He proposes a doctrine of natural justice and
governmental order from which all institutions vary at their peril.
More important, Sidney asserts that a king's authority is granted by
parliament, which has the additional power to depose him, indeed a
controversial idea during the Restoration period. Thomas Jefferson,
one of several individuals influenced by this text, described it as
"...probably the best elementary book of the principles of
government, as founded in natural right which has ever been
published in any language; and it is much to be desired in such a
government as ours that it should be put into the hands of our youth
as soon as their minds are sufficiently matured for that branch of
study." (Sowerby).
Sidney [1622-1683] was beheaded
by Charles II in part for his involvement in the Rye House plot. One
of the other charges against him was that he had committed
treasonable libel in this work, which was still in manuscript at
that time. Sowerby, Catalogue of the Library of Thomas Jefferson,
III: 12. Marke, A Catalogue of the Law Collection at New York
University (1953) 953. Catalogue of the Library of the
Harvard Law School (1909) II: 588. Sweet and Maxwell, A Legal
Bibliography of the British Commonwealth of Nations I: 107.
Wing, Short Title Catalogue of English Books 1641-1700 S3761.
Smith,
Herbert Arthur. Federalism
in North America. A Comparative Study of Institutions in the United
States and Canada.
Boston: The Chipman Law Publishing Company, 1923. v, 328 pp. Reprinted
2005 by The Lawbook Exchange, Ltd. 2005. ISBN-13: 978-1-58477-624-6.
ISBN-10: 1-58477-624-2. Cloth. $85.
* This study compares the constitutions
and federal governments of the United States and Canada. His scope
also includes such influential extra-governmental institutions
as political parties. "Mr. Smith's book, as a whole, is remarkably
accurate and the author has compressed an immense deal of information
and of sound, penetrating comment into small space. (...) Mr.
Smith's book may be commended unqualifiedly as a careful, objective
and valuable study in a field too much neglected in this country.":
Henry M. Bates, Michigan Law Review 22 (1923-1924) 287.
Smith,
J.M. Powis.
The Origin and History of Hebrew Law. Chicago: University
of Chicago Press, [1931]. ix, 285 pp. Reprinted 2005 by The Lawbook
Exchange, Ltd. ISBN-13: 978-1-58477-489-1. ISBN-10: 1-58477-489-4.
Cloth. $85.
* Smith traces the history of Hebrew
law from its beginning the Decalogue to its close in the Priestly
Code, considers its relation to contemporary social history and
compares it to the Hittite, Assyrian and Babylonian codes. The
extensive appendices contains complete translations of the Code
of Hammurabi and the Assyrian and Hittite codes. Recommended by
Roscoe Pound in the Outlines of Lectures on Jurisprudence
(5th. ed.) 233.
[Spence,
George, Translator].
The Code Napoleon; or, the French Civil Code. Literally
Translated from the Original and Official Edition, Published at
Paris, in 1804, by a Barrister of the Inner Temple. London: Printed
for Charles Hunter, Law Bookseller, 1824. xix, 627 pp. Reprinted
2004 by The Lawbook Exchange, Ltd. LCCN 2003052754. ISBN 1-58477-375-8.
Cloth. $120.
* Reprint
of the second English edition. A comprehensive reformation and
codification of the French civil laws, the Code Napoleon was renamed
the Civil Code after the Bourbon restoration, and is still in force.
It has served as the model for the legal codes of more than twenty
nations throughout the world. The French Revolution overturned many
of the hundreds of codes of law that had prevailed from ancient
times, and added more than 14,000 pieces of legislation. After the
National Convention and Directory failed in five attempts to
organize this unwieldy mass, Napoleon appointed a commission to
draft the new Civil Code. It was enacted in March 21, 1804, after a
three year period of 87 sessions. It embodies a typically Napoleonic
mix of liberalism and conservatism. Most of the freedoms won by the
revolution, such as equality before the law, freedom of religion and
the abolition of feudalism were preserved. At the same time, the
Code reinforced patriarchal power by making the husband the ruler of
the household. According to the Dictionary of National Biography,
this work was translated by George Spence [1787-1850], an English
jurist and Barrister of the Inner Temple. Dictionary of National
Biography XVIII:743.
Spooner,
Lysander. An
Essay on the Trial by Jury. Boston: Bela Marsh, 1852. 224
pp. Reprinted 2002 by The Lawbook Exchange, Ltd. LCCN 00-058811.
ISBN 1-58477-156-9. Cloth. $70.
* One of
the earliest treatises on the subject. Spooner's powerful argument
for reform of the jury system holds that jurors should be drawn by
lot from the whole body of citizens, and that they should be judges
of law as well as of the fact in question. Spooner [1808-1887] was
well known for his controversial arguments on political and legal
subjects. Dictionary of American Biography IX:466-467.
Stammler,
Rudolph. The
Theory of Justice. Translated by Isaak Husik. New York: The
Macmillan Company, 1925. xli, 591 pp. Reprinted 2000 by The Lawbook
Exchange, Ltd. LCCN 99-054019. ISBN 1-58477-066-X. Cloth. $95.
* From
the Modern Legal Philosophy Series. Here the noted German
philosopher disputes the historical and natural schools of
jurisprudence and advocates a philosophical approach to law. In
addition to Stammler's text, the volume includes the translator's
introduction which outlines the basis of Stammler's theory, an
appendix which contains an essay on Stammler's critical system by
Francois Geny and "Stammler and his Critics" by John C.H. Wu. Marke,
A Catalogue of the Law Collection of New York University
(1953) 927.
Staunford,
Sir William. Les
Plees del Coron. [London]: In Aedibus Richardi Tottelli, 1557.
[viii] pp. 198 ff., [1] pp. Reprint available June 2006 by The
Lawbook Exchange, Ltd. ISBN 1-58477-634-X. Cloth. $125.
* Reprint of the first edition of
the first printed work devoted entirely to criminal law. It is
considered a "principal book" by Pollock and Maitland,
one that enables us "to trace our modern laws of crimes,
from the later middle ages onwards." Based on Bracton and
the Year Books, Staunford's treatise is divided into three parts.
The first treats offences, the second treats jurisdiction, appeals,
indictments, and defenses. The third addresses trials and convictions.
Plees was written after Staunford [1509-1558] was appointed
judge of the common pleas in 1554. Pollock and Maitland, The
History of English Law II:448.
Stearns, John M. The Germs and Developments of the Laws of England: Embracing the Anglo-Saxon Laws Extant: From the Sixth Century to A.D., 1066: as Translated into English Under the Royal Record Commission of William IV.: with the Introduction of the Common Law by Norman Judges After the Conquest, and its Earliest Proferts in Magna Charta. New York: Banks, 1889. 370 pp. Reprint available March 2007 by The Lawbook Exchange, Ltd. ISBN-13: 978-1-58477-732-8. ISBN-10: 1-58477-732-X. Cloth. $95.
* Reprint of the sole edition. Contains a translation of the Laws of Edward the Confessor and of Magna Carta. Also includes a glossary of terms found in Saxon laws: p. 369-370.
Stephen,
Henry John. New
Commentaries on the Laws of England (Partly Founded on Blackstone).
London: H. Butterworth, 1841-1845. Four volumes. Folding table.
Reprinted 2005 by The Lawbook Exchange, Ltd. ISBN 1-58477-493-2.
Cloth. $450.
* Reprint of the uncommon first (London)
edition. New Commentaries is an exposition of English law that
preserves Blackstone's topical arrangement and the sections from
his text that were still relevant in Stephen's day. (These are
set off with square brackets.) A successful work, it went through
twenty editions by 1938. In the Dictionary of National Biography
Dicey observed that "in reality it was an original production,
differing essentially in character and merit from his predecessor.
(...) Stephen showed the qualities in which Blackstone was comparatively
deficient--consummate logical power and singular precision and
accuracy of style. Had the work been published as an original
treatise, it would have stood upon a level with Blackstone's work"
(XVIII:1047).
Stephen, Sir James Fitzjames.
A General View of the Criminal Law of England. London and
Cambridge: Macmillan and Co., 1863. xii, 499 pp. Reprinted 2005
The Lawbook Exchange, Ltd. 1-58477-478-9. Cloth. $95.
* Reprint of the first edition. Stephen
[1829-1894] explores English law exclusive of penal actions, of
offences punishable by summary proceedings before magistrates and
of special offences intended as sanctions for special statutory
institutions but including all other acts commonly known as crimes.
In a discussion of a later edition Holdsworth observed: "it
was probably the best modern history of a particular branch of English
law that had yet appeared in England. It won high praise from Pollock
and Maitland.... Though the more intensive study of the earlier
history of our law has rendered some parts of it obsolete, it is
still the best history of the later stages of the law. And it has
another merit which it can never lose. The fact that its author
was a practising lawyer and a judge, gives to his account of many
parts of the law, and especially to his analysis of famous trials,
the reality and vividness which comes of practical experience.":
The Historians of Anglo-American Law 77-78.
Stephens, Harold M.
Administrative Tribunals and the Rules of Evidence: A Study
in Jurisprudence and Administrative Law. Cambridge: Harvard
University Press, 1933. x, 128 pp. Reprinted 2003 by The Lawbook
Exchange, Ltd. LCCN 2002044361. ISBN 1-58477-339-1. Cloth. $65.
* In his
description of the range and scope of administrative tribunals,
Stephens offers a thorough study of the influence exerted upon them
by the methods of evidence gathering utilized by the Interstate
Commerce Commission, the Federal Trade Commission, the United States
Bureau of Immigration, State Public Service Commissions, and the
United States Bureau of Immigration. Based on statutes in effect,
rules adopted and cases decided prior to January 1, 1932. Originally
published as Volume III in the Harvard Studies in Administrative Law
series.
[Stevens,
John]. The
Royal Treasury of England: Or, An Historical Account of All Taxes,
Under What Denomination Soever, From the Conquest to this Present
Year. Collected From the Best Historians, as Well Antient as Modern;
Likewise from Many Valuable Manuscripts in the Cotton, and Several
Other Choice Libraries, and Some Peculiar Offices in This Kingdom.
Containing a Considerable Number of Particulars, Not to be Found
in Printed Books. Shewing When the Crown was Supply'd, and Impositions
Laid on the People, Only by Virtue of the King's Prerogative,
at What Times the House of Lords Alone has Done the Same, and
When Reduc'd to the Parliamentary Method Now Established. Intermixt
with Some Other Remarkable Occurrences. London: Printed for
T. Tebb, and J. Wilcox, 1725. xxxi, [1], 372 pp. Reprinted 2004
by The Lawbook Exchange, Ltd. ISBN 1-58477-400-2. Cloth. $95.
* A
fascinating history of royal taxation and expenditure from 1066 to
the early eighteenth century. It examines such income sources as
feudal pledges and penalties imposed on conquered enemies and such
expenses as defense, maintenance of the royal household and the
suppression of heresy. Highly regarded upon publication, it was a
standard work for many years.
Comprehensive History of
American Legal Education
Stevens,
Robert. Law
School: Legal Education in America from the 1850s to the 1980s.Chapel
Hill: The University of North Carolina Press, [1983]. xvi, 334
pp. Reprinted 2001 by The Lawbook Exchange, Ltd. ISBN 1-58477-199-2.
Cloth. $85.
*
Comprehensive history of over a century of legal education in
America. Examines the law school institution and its impact on the
legal profession and the society it serves. This highly lauded work
won a Certificate of Merit from the American Bar Association upon
its original publication. Stevens' distinguished career in education
and law includes his seventeen-year term as professor of law at Yale
University and nine-year term as president of Haverford College,
during which tenure this work was published. Well-annotated and
indexed, with a thorough bibliography.
Stimson,
Frederic Jesup.
Glossary of Technical Terms, Phrases, and Maxims of the Common
Law. Boston: Little, Brown, and Company, 1881. iv, 305pp.
Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN 98-50813. ISBN
1-886363-70-6. Cloth. $60.
* The
terms in this glossary include those relating to civil and canon
law, and provide precise definitions based on the common law of
England. By the author of American Statute Law and several
works on private rights and state and federal constitutions.
Stimson,
Frederick Jesup.
The Law of the Federal and State Constitutions of the United
States With a Chronological Study of Their Principles, a Chronological
Table of English Social Legislation and A Comparative Digest of
the Constitutions of the Forty-Six States. Boston: The Boston
Book Company, 1908. xix, 386 pp. Reprinted 2004 by The Lawbook
Exchange, Ltd. LCCN 2003053950. ISBN 1-58477-369-3. Cloth. $95.
* Stimson
wrote this study in response to the rapid development of
constitution law that took place around the turn of the century,
which he attributes to the social impact of modern industrial
capitalism. He notes that the enormous volume of cases regarding
"obligation of contract" and "commerce among the states" indicates a
general shift in the field from cases dealing with the federal
constitution or individual state constitutions to cases involving
several constitutions. This book was conceived as a guide to this
new terrain. It continues to be an excellent comparative study of
the federal and state constitutions. It is more that a series of
comparisons, however. As its title suggests, Stimson includes a
history of the provisions in each constitution and their origins. "A
Valuable piece of work...in the field of legal and constitutional
investigation." Columbia Law Review 8:594 cited in Marke,
A Catalogue of the Law Collection at New York University (1953)
403.
Stimson,
Frederic Jesup.
Popular Law-Making. A Study of the Origin, History, and Present
Tendencies of Law-Making by Statute. New York: Charles Scribner's
Sons, 1910. xii, 545 pp. Reprinted 2002 by The Lawbook Exchange,
Ltd. LCCN 00-022513. ISBN 1-58477-094-5. Cloth. $85.
* Stimson
[1853-1943] was a professor of comparative legislation at Harvard
University. His study of statute creation is a thorough survey that
starts with the English idea of law, goes on to cover early English
legislation and the Magna Charta, the re-establishment of
Anglo-Saxon law and the question of common law against civil law,
early labor legislation and laws against restraint of trade and
"trust," medieval legislation, then discusses English and American
rates and prices, corporations, labor laws, military and mob law and
the right to arms, legislation concerning personal and racial
rights, sex legislation, marriage and divorce, American legislation
in general and property rights in particular, and more. "Recommended
by Hurst for 'general review of legislative contributions to the
body of the law.'" Hurst, Growth of American Law 453. Marke,
A Catalogue of the Law Collection of New York University
(1953) 206.
Stock, Leo Francis.
Proceedings and Debates of the British Parliaments Respecting
North America (1542-1754). Five volumes. Washington,
D.C.: The Carnegie Institution of Washington, 1924. Reprinted 2003
by The Lawbook Exchange, Ltd. ISBN-13: 978-1-58477-254-5. ISBN-10:
1-58477-254-9. Cloth. $495.
* This
five volume set collects all references to North America in the
proceedings and debates of the parliaments of England, Scotland
and Ireland recorded between 1542 and 1754. The "proceedings"
are taken from the officially published Journals; the "debates"
are taken from several sources, such as the transcripts of Parliamentary
sessions published in the Gentlemen's Magazine. The scope
of the work is not confined to North America; it includes all items
relating directly or by implication to Canada, Central America,
South America, the Caribbean, the Philippines and Africa. It also
includes items relating to the navigation acts, the Royal African
Company and the Asientos, and all legislation concerning enactments,
repeals or alterations of duties and other acts concerning tobacco,
sugar, coffee, furs, indigo, whale products and other colonial products.
A useful source for the admiralty, maritime or commercial law historian.
Stokes, Anthony.
A View of the Constitution of the British Colonies, in North-America
and the West-Indies, at the Time the Civil War Broke Out on the
Continent of America. London: Printed for the author and sold
by B. White, 1783. 555, (1) pp. Reprinted 2002 by The Lawbook
Exchange, Ltd. LCCN 2001050735. ISBN 1-58477-224-7. Cloth. $90.
* Stokes
[1736-1799], chief justice of the General Court of the Georgia
colony from 1769-1776, and in restored Royal Georgia from 1779-1782,
"gives a very interesting discussion of the state of legal
administration in the southern colonies...Stokes also discusses what
part of the English Common Law the colonists had brought along with
them" (Reinsch). Contents include chapters on the Colonial civil and
criminal courts, counsel and attorneys in the colonies, the court of
Vice-Admiralty and negroes in the colonies and the modes of
conveyance and manumission. Reinsch, Colonial Common Law, Select
Essays in Anglo-American Legal History, By Various Authors...of the
Association of American Law Schools 409-410. Howes, U.S.iana,
1650-1950 (2nd ed.) S-1024. Adams, The American Controversy
83-87. Sabin, A Dictionary of Books Relating to America1
91994.
Stokes,
I.N. Phelps. The
Iconography of Manhattan Island 1498-1909. New York: Robert
H. Dodd, 1915. Six volumes. Reprinted 1998 by The Lawbook Exchange,
Ltd. LCCN 97-30604. ISBN 1-886363-30-7. Cloth. New. $750.
- the establishment of the municipal government and the New York legislature;
- court houses and public buildings;
- abolitionist clubs, meetings and riots;
- prisons, criminal punishments and court appeals;
- bank, insurance and financial institutions;
- various commissions and associations;
- bills of exchange and credit;
- the British and Continental Army;
- the Continental and U.S. Congress;
- Indian treaties, international treaties;
- ferry and water rights;
- laws, duties and licenses relating to gambling, liquor, and the lottery; as well as taxes, patents, trade and shipping;
- an extensive section covering original land grants and farms with maps and text of grants citing names of land holders;
- religious rights such as the first legal case of anti-Semitism;
- numerous cases regarding slavery and negroes;
- cases about women, such as the case of a woman who was whipped by order of the court;
- immigration and alien registration, real estate holdings, crime;
------------------------------------------------------------
- legal printers such as William Bradford, John Peter Zenger and James Parker;
- the establishment of law schools and universities;
- national political personages such as George Washington, Abigail and John Adams, James Buchanan, Benjamin Franklin, Ulysses S. Grant, James Madison, and Theodore Roosevelt;
------------------------------------------------------------
- colonial governors such as Petrus Stuyvesant;
- legal personages such as James Kent;
- state and city officials and politicians,
- political parties, committees and elections.
Benedict, Acts and Laws of the Thirteen Original Colonies and States 296.
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Stone,
Harlan F. Law
and its Administration. New York: Columbia University Press,
1915. vii, 232 pp. Reprinted 2002 by The Lawbook Exchange, Ltd.
LCCN 00-021508. ISBN 1-58477-093-7. Cloth. $70.
* The
Hewitt Lectures, Columbia University, published during Stone's term
of Dean of Columbia Law School (1910-1923), covering basic
fundamental legal concepts and the nature and function of law. Stone
[1876-1946], was chief justice of the Supreme Court from 1941 to his
death in 1946.
With a New Introduction by Benjamin Ferencz
Stone,
Julius. Aggression
and World Order: A Critique of United Nations Theories of Aggression.
Berkeley and Los Angeles: University of California Press, 1958.
xiv, 226 pp. With a new introduction by Benjamin Ferencz, Chief
Prosecutor for the United States at the Nuremberg War Crimes Trial,
author of Defining International Aggression-The Search for
World Peace (1975), Adjunct Professor of International Law,
Pace University and founder of the Pace Peace Center. Reprint
available June 2006 by The Lawbook Exchange, Ltd. ISBN 1-58477-601-3.
Cloth. $85.
* A title in the Lawbook Exchange
series Foundations of the Laws of War. Efforts to enforce world
peace during the twentieth century through international organizations
created a demand for a legal definition of aggression. A U.N.
committee attempted to provide one in a 1956 report. Stone rejected
it for two reasons. Citing a broad array of examples, he shows
that the concept of aggression eludes definition. More important,
he argues that a definition is not necessary for the goals of
international peace-enforcement. "Professor Stone puts forward
his arguments with his usual great learning and persuasiveness;
the result is a stimulating and sane study of a problem whose
discussion has so often been characterized by sterility and lack
of proportion.": John Collier, Cambridge Law Journal
1960 (1960) 247.
Story,
Joseph. Commentaries
on the Conflict of Laws, Foreign and Domestic, in Regard to Contracts,
Rights, and Remedies, and Especially in Regard to Marriages, Divorces,
Wills, Successions, and Judgments. Second Edition. Revised, Corrected
and Greatly Enlarged. London: A. Maxwell, 1841. xxxiv, 927
pp. (misnumbered in original, PP. 753-756 omitted.) Reprinted
2001 by The Lawbook Exchange, Ltd. ISBN-13: 978-1-58477-145-6.
ISBN-10: 1-58477-145-3. Cloth. $125.
* Reprint
of the second edition and last edition written by Joseph Story.
Along with William Kent, Joseph Story [1779-1845] shares the
distinction of having had the greatest influence on American law
during the nineteenth century. Marvin considers Story's Conflict of
Laws to be the first systematic work on the subject. Story collected
material from all available sources, and systematized it in a manner
useful to all practitioners. "No work on international jurisprudence
merited, nor received, greater praise from the jurists of Europe. It
impressed English lawyers with the highest respect for the extensive
learning of Mr. Justice Story.": Marvin, Legal Bibliography
(1847) 670-671. "It is not too much to say that its publication
constituted an epoch in the law; for it became at once the standard
and almost the sole authority...[it] received the honor of being
practically the first American law book to be cited as authority in
English courts.": Marke, A Catalogue of the Law Collection at New
York University (1953) 358. This facsimile reprint of the second
edition published in London is the final authorial edition, produced
"under the direction and sanction of the learned author.": Sweet and
Maxwell, A Legal Bibliography of the British Commonwealth of
Nations XV:337.
Reprint of the Second Edition
Edited by His Son W.W. Story
Story,
Joseph. [Story, William Wetmore, Editor.].
Commentaries on the Constitution of the United States.
Boston: Little, Brown and Company, 1851. Two volumes. Reprinted
2005 by The Lawbook Exchange, Ltd. ISBN 1-58477-515-7. Cloth.
$250.
* Reprint of the second edition, with
additions by his son W.W. Story [1819-1895]. First published in
1833, this work is generally considered to be the most important
work written on the American Constitution. Dedicated to John Marshall,
it presented a strongly Federalist interpretation. It is divided
into three books. Book I contains a history of the colonies and
discussion of their charters. Book II discusses the Continental
Congress and analyzes the flaws that crippled the Articles of
Confederation. Book III begins with a history of the Constitution
and its ratification. This is followed by a brilliant line-by-line
exposition of each of its articles and amendments. Comparing it
to The Federalist, James Kent said that Story's work was
"written in the same free and liberal spirit, with equal
exactness and soundness of doctrine, and with great beauty and
eloquence of composition.... Whoever seeks...a complete history
and exposition of this branch of our jurisprudence, will have
recourse to [this] work, which is written with great candor, and
characterized by extended research, and a careful examination
of the vital principles upon which our government reposes.":
cited in Marvin, Legal Bibliography (1847) 669-670.
Story,
Joseph. Commentaries
on the Constitution of the United States. Boston: Little,
Brown and Company, 1858. Two volumes. xxxiii, 735, 702pp. Reprinted
2001 by The Lawbook Exchange, Ltd. ISBN-13: 978-1-58477-193-7.
ISBN-10: 1-58477-193-3. Cloth. $250.
* Reprint
of the third edition, by E.H. Bennett. Arguably the most important
American constitutional work after The Federalist. "Taking
the Federalist as the basis of his Commentaries, he advocates a
liberal construction of the palladium of our liberties." Marvin,
Legal Bibliography 669, citing first edition. "The
Commentaries were tremendous achievements, and evidence immense
industry and legal knowledge, and themselves entitled him to be
ranked as a jurist of the first rank." Walker, Oxford Companion
to Law 1192. Apart from James Kent, no legal scholar has had
greater influence on American law than Justice Story [1779-1845],
who was appointed Associate Justice of the Supreme Court in 1811.
Marke, A Catalogue of the Law Collection at New York University
(1953) 403. Catalogue of the Library at Harvard Law School
II:669.
Story,
Joseph [1779-1845].
Commentaries on Equity Jurisprudence. W.E. Grisgsby. London:
Stevens and Haynes, 1884. lxxiii, 1093 pp. Reprint available May
2006 by The Lawbook Exchange, Ltd. ISBN 1-58477-594-7. Cloth.
$195.
* Reprint of the first English edition.
"Probably the decisive factor in our reception of English
equity was Story's Equity Jurisprudence. With much art
(...) he made it seem that the precepts established by the decisions
of the English Courts of Chancery coincided in substance with
those of the Roman law as expounded by the civilians and hence
were but statements of universal principles of natural law universally
accepted in civilized states. If equity had been expounded to
American judges and lawyers and students in the dry and technical
fashion of the contemporary English treatises, we might have been
sorely hampered in the development of American Law by a crippled
equity. Story's sympathetic exposition of English equity (...)
was the one thing needed to commend equity to our American courts
and to counteract the forces that were working against it.":
Pound, The Formative Era in American Law 156-157.
Story,
Joseph. Commentaries
on the Law of Agency as a Branch of Commercial and Maritime Jurisprudence,
With Occasional Illustrations from the Civil and Foreign Law.
Boston: Charles C. Little and James Brown, 1839. xxiii, 544 pp.
Reprinted 2004 by The Lawbook Exchange, Ltd. LCCN 2003052758.
ISBN 1-58477-372-3. Cloth. $130.
* Reprint
of the first edition. This treatise was written during the period in
which Story [1779-1845] was an Associate Justice of the United
States Supreme Court and Professor of Law at Harvard Law School. In
his Legal Bibliography (1847), Marvin praised the
thoroughness of this treatise, noting that "[Story] has everywhere
illustrated the doctrines of common law, by copious extracts from
distinguished writers on Roman and Continental law" (672). And in
The Formative Era in American Law, Pound includes this title in
a list of the most influential and authoritative American treatises
written during the nineteenth century (140-141).
Story,
Joseph. Commentaries
on the Law of Bills of Exchange, Foreign and Inland, as Administered
in England and America; with Occasional Illustrations from the
Commercial Law of the Nations of Continental Europe. Boston:
Charles C. Little and James Brown, 1843. xxiv, 608 pp. Reprinted
2004 by The Lawbook Exchange, Ltd. ISBN 1-58477-454-1. Cloth.
$125.
* Reprint of the first edition. In
The Formative Era of American Law, Pound refers to the
Commentaries on the Laws of Bills of Exchange as one of
the standard texts of the nineteenth century. As Marvin pointed
out in 1847, it was certainly the most complete and wide ranging
text of its day. In addition to American and English sources Story
draws on the work of Heineccius and other civil-law jurists. Marvin,
Legal Bibliography (1847) 673. Apart from James Kent, no
man has had greater influence on American law than Joseph Story
[1779-1845]. He was Dane Professor of Law at Harvard and an Associate
Justice of the U.S. Supreme Court. His many books have been cited
extensively in America and in Britain, and he remains an authority
today.
Story,
Joseph. A Familiar
Exposition of the Constitution of the United States:
Containing a Brief Commentary on Every Clause, Explaining the
True Nature, Reasons, and Objects Thereof; Designed for the Use
of School, Libraries and General Readers. With an Appendix, Containing
Important Public Documents, Illustrative of the Constitution.
New York: Harper & Brothers: 1865. 372 pp. Reprinted 1999
by The Lawbook Exchange, Ltd. LCCN 98-50811. ISBN-13: 978-1-886363-71-7.
ISBN-10: 1-886363-71-4. Cloth. $75.
* Reprint
of the 1865 edition. An important treatise on the Constitution of
the United States by an early master of that document. Designed to
follow the order of his well-known Commentaries on the
Constitution, this work is written in language geared to the
student or layman, nevertheless showing great breadth and profundity
in his explications.
With an Original Introduction
by Morris L. Cohen
[Story,
Joseph]. Horowitz, Valerie L., Editor.
Joseph Story and the Encyclopedia Americana.
With an Original Introduction by Morris L. Cohen. Clark, New Jersey:
The Lawbook Exchange, Ltd., available March 2006. xv, 206 pp.
ISBN-13: 978-1-58477-528-7. ISBN-10: 1-58477-528-9. Cloth. $95.
* Never before gathered in any volume,
this work presents eighteen articles about major legal subjects
by Joseph Story [1779-1845] produced for the first edition of
the Encyclopedia Americana (1829-1833), which was edited
by Francis Lieber [1798-1872]. Little-known today because they
were written anonymously and never published in any other form,
these extended essays are fascinating distillations of Story's
jurisprudence. Many of them were written during his dual tenure
as Supreme Court justice and Dane Professor at Harvard Law School.
We offer them in an enlarged print version of their original form,
now with an extensive introduction by Morris L. Cohen, an appendix
with texts of rare related materials and now a detailed index.
Ranging from "Codes," "Common Law" and "Congress
of the United States," to "Law of Nations," "Natural
Law" and "Usury," they are fascinating distillations
of Story's jurisprudence. Story was appointed the youngest Associate
Justice of the Supreme Court of the United States in 1811 and
in 1829 became the first Dane professor of law at Harvard Law
School. An important educator, he wrote several influential treatises,
such as the landmark Commentaries on the Constitution (1833).
[Story,
Joseph]. Story, William.
Life and Letters of Joseph Story, Associate Justice of the
Supreme Court of the United States and Dane Professor of Law at
Harvard University, Edited by his Son, William W. Story. Boston:
Charles C. Little and James Brown, 1851. Two volumes. xii, 574;
viii, 676 pp. Frontispiece. Reprinted 2001 by The Lawbook Exchange,
Ltd. LCCN 99-058777. ISBN 1-58477-071-6. Cloth. $195.
* From
Story's vast correspondence his son William has selected those
letters that describe his childhood and youth, education, life at
the bar, and judicial and professorial life. Taken along with his
various published treatises and his monumental work on the
Constitution, Commentaries on the Constitution (1833), this
assemblage illuminates the fine mind that was Story's. Story
[1779-1845] was appointed the youngest Associate Justice of the
Supreme Court of the United States in 1811 and in 1829 became the
first Dane professor of law at Harvard.
[Story,
Joseph]. Story, William W., Editor.
The Miscellaneous Writings of Joseph Story, Associate Justice
of the Supreme Court of the United States and Dane Professor
of Law at Harvard University, Edited by His Son, William W. Story.
Boston: C.C. Little and J. Brown , 1852. x, 828 pp. Reprinted
2001 by The Lawbook Exchange, Ltd. LCCN 99-058559. ISBN 1-58477-072-4.
Cloth. $125.
* Justice
Story's enormous influence on American law is demonstrated in this
collection of his writings, edited by his son. Includes his
autobiography that was written in the form of a fascinating long
letter to his son, and many other articles, essays, lectures, and
biographical sketches of judges and lawyers (including Chief Justice
John Marshall and Associate Supreme Court Justice Bushrod
Washington). Topics include a proposed course of legal study,
maritime law, piracy and the slave trade, commercial law,
codification of the common law and much more.
Story,
William W[etmore]. A
Treatise on the Law of Contracts. Revised and Greatly Enlarged.
Boston: Little, Brown and Company, 1856. Two volumes. Reprint
available April 2006 by The Lawbook Exchange, Ltd. ISBN 1-58477-618-8.
Cloth. $295.
* Reprint of the fourth edition, the
final edition edited by the author. The son of Joseph Story, William
Wetmore [1819-1895] wrote two textbooks that were standard works
during the nineteenth century. This was one of them. First published
in 1844, it went through five editions, the final appearing in
1874. "This work bears internal evidence of a careful and
thorough examination of the cases, and the principles to be deduced
from them are stated with precision, and in a concise and vigorous
style.": Marvin, Legal Bibliography (1847) 674 (reviewing
of the first edition).
Stow, J.W.
Probate Confiscation: Unjust Laws which Govern Women. Fourth
edition revised and enlarged. [n.p.]: Printed and sold by the author,
1879. [irregular pagination] 381, 34, 288-301 pp. Reprinted 2003
by The Lawbook Exchange, Ltd. ISBN 1-58477-340-5. Cloth. $75.
* Reprint
of the fourth revised and enlarged edition, originally published in
1876. Printed for the author and sold on her lecture tours
throughout the United States in an effort to enlighten citizens of
those states and demand repeal of probate laws in each state. Mrs.
J.W. Stow [d.1902], returned from a trip abroad to find that her
husband, a prominent San Franciscan, had passed away. Although her
husband was considered to be quite wealthy, Mrs. Stow found herself
nearly penniless. Here she vigorously describes her dealings with
the San Francisco Probate Court, and attempts to expose the
injustice of the probate system. A fascinating source for scholars
of women's history and legal history alike, the volume is a
passionate and insightful first-hand account of the legal system as
it was experienced by women in the United States in the latter
quarter of the nineteenth-century, as well as a well-informed
feminist legal tract calling for economic justice and property
rights for women and widows and their children.
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