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Stroud,
F. The Judicial
Dictionary of Words and Phrases Judicially Interpreted. London:
Sweet & Maxwell, Limited, 1890. cxvi, 916 pp. Reprinted 2003
by The Lawbook Exchange, Ltd. LCCN 2002024331. ISBN 1-58477-263-8.
Cloth. $150.
* Reprint
of the first edition. This fascinating volume contains legal
definitions of such commonplace words and phrases as "as far as,"
"but," "foundation," "reason," "taxes," "usual and customary manner"
and "incorrigible rogue." Each entry includes examples drawn from
briefs, decisions and other legal documents, with those citations.
Described in the Irish Law Times as "The authoritative
dictionary of the English language as far as words and phrases have
come before the courts." Irish Law Times 65:244. Twenty years
in the making, this foremost dictionary went through numerous
editions during Stroud's lifetime [1835-1912] and is still in print
in the sixth edition.  
With a New Introduction by Sean
Patrick Donlan
Sullivan,
Francis Stoughton.
Lectures on the Constitution and Laws of England: With a Commentary
on Magna Charta, and Illustrations of Many of the English Statutes.
The Second Edition. To Which Authorities are Added, and a Discourse
is Prefixed, Concerning the Laws and Government of England. By
Gilbert Stuart. London: Printed for Edward and Charles Dilly,
1776. xvi, xxxii, 415 pp. With a new introduction by Sean Patrick
Donlan. Reprinted 2003 by The Lawbook Exchange, Ltd. LCCN 2003044248.
ISBN 1-58477-379-0. Cloth. $150.
* Reprint
of the Lectures delivered in the University of Dublin where, in the
author's opinion, circumstances required a more detailed and precise
historical work than that of Blackstone. Sullivan employed "an
historical method... more entertaining to Beginners, and better
adapted to shew the Reasons for the original law, and its several
subsequent alterations.": (Preface). With the supporting authorities
supplied by Gilbert Stuart, who also adds an introductory essay.
Sulzberger,
Mayer. The
Ancient Hebrew Law of Homicide. Philadelphia: Julius H. Greenstone,
1916. 160 pp. Reprinted 2004 by the Lawbook Exchange, Ltd. ISBN
1-58477-465-7. Cloth. $80.
* A
compilation of five lectures, this work is notable for both its
breadth of learning and its cogency of argument. It is also an
impressive work of biblical exegesis. Ranging from the Am Haaretz to
"The Polity of the Ancient Hebrews," it places homicide in the wider
context of Jewish history, jurisprudence and government. An
especially useful feature is the detailed index of cited Biblical
passages. Sulzberger, a noted Philadelphia orator and
philanthropist, was elected judge of the Court of Common Pleas in
1895 and reelected in 1904.
Swinburne,
Henry. A Treatise
of Spousals, or Matrimonial Contracts: Wherein all the Questions
Relating to that Subject are Ingeniously Debated and Resolved.
London: Printed by S. Roycroft for Robert Clavell, 1686. [xvi],
240 pp. Reprinted 2003 by The Lawbook Exchange, Ltd. ISBN 1-58477-288-3.
Cloth. $125.
* Reprint
of the first edition. Published posthumously, this was the first
English ecclesiastical law treatise devoted to marriage, the
relationship between spousal contracts and marriage contracts, the
dissolution of those contracts and divorce. He offers a definition
of the term "spousals": "Spousals are a mutual Promise of future
Marriage, being duly made between those Persons, to whom it is
lawful. In which definition I observe three things especially: One,
That this Promise must be mutual; Another, That it must be done
rite, duly: The Last, By them to whom it is lawful." (p.5) Swinburne
[1560?-1623] was commissary of the exchequer and judge of the
consistatory court at York.
Swisher,
Carl Brent. Motivation
and Political Technique in the California Constitutional Convention.
Claremont: Pomona College, 1930. [iv], 132 pp. Reprinted 2004
by The Lawbook Exchange, Ltd. ISBN 1-58477-403-7. Cloth. $85.
* This
sophisticated study analyzes the social and political factors that
shaped California's state constitution, which was enacted in 1879.
It also addresses a broader topic. As Swisher states in the preface,
he was drawn to his subject because it provided an excellent
opportunity to study "the motives which dominate men in determining
their activities when they act together with other men, and the
techniques which they use in making themselves effective." Swisher
[1897-1968] was a professor of government at Columbia University and
a distinguished constitutional historian.
Tayler,
Thomas. The
Law Glossary: Being a Selection of the Greek, Latin, Saxon, French,
Norman and Italian Sentences, Phrases, and Maxims, Found in the
Leading English and American Reports, and Elementary Works.
New York: Lewis & Blood, 1856. 580 pp. Reprinted 1995 by The
Lawbook Exchange, Ltd. ISBN 1-886363-12-9. Cloth. $85.
* This
early dictionary offers a unique historical perspective on the state
of American law in the mid-eighteenth century. It contains
translations of nearly five-thousand items of foreign origin and
supplies definitions for innumerable maxims of law found in both
English and American sources. The author has paid great attention to
the context of legal terms and supplies extensive notes, with
citations, after each section of his glossary (i.e., after "A", "B",
"C", etc.). This glossary is an important research tool that will
aid greatly in elucidating both the source and meaning of legal
concepts of the last century.
Taylor,
John. Construction
Construed and Constitutions Vindicated. Richmond: printed
by Shepherd & Pollard, 1820. iv, 344pp. Reprinted 1998 by
The Lawbook Exchange, Ltd. LCCN 97-49411. ISBN 1-886363-43-9.
Cloth. $65.
* One of
the major works of the Virginian John Taylor of Caroline
[1753-1824]. Little-known today, Taylor's work is of great
significance in the political and intellectual history of the South
and is essential for understanding the constitutional theories that
Southerners asserted to justify secession in 1861. Taylor
fought in the Continental army during the American Revolution and
served briefly in the Virginia House of Delegates and as a U.S.
Senator. It was as a writer on constitutional, political, and
agricultural questions, however, that Taylor gained prominence. He
joined with Thomas Jefferson and other agrarian advocates of states'
rights and a strict construction of the Constitution in the
political battles of the 1790s. His first published writings argued
against Secretary of the Treasury Alexander Hamilton's financial
program. Construction
Construed and Constitutions Vindicated was Taylor's response to
a series of post-War of 1812 developments including John Marshall's
Supreme Court decision in McCulloch v. Maryland, the
widespread issuance of paper money by banks, proposals for a
protective tariff, and the attempt to bar slavery from Missouri.
Along with many other Southerners, Taylor feared that these and
other measures following in the train of Hamilton's financial
system, were undermining the foundations of American republicanism.
He saw them as the attempt of an "artificial capitalist sect" to
corrupt the virtue of the American people and upset the proper
constitutional balance between state and federal authority in favor
of a centralized national government. Taylor wrote, "If the means to
which the government of the union may resort for executing the power
confided to it, are unlimited, it may easily select such as will
impair or destroy the powers confided to the state governments."
Jefferson, who noted that "Col.
Taylor and myself have rarely, if ever, differed in any political
principle of importance," considered Construction Construed and
Constitutions Vindicated "the most logical retraction of our
governments to the original and true principles of the Constitution
creating them, which has appeared since the adoption of the
instrument." Later Southern thinkers, notably John C. Calhoun, were
clearly indebted to Taylor. Sabin, A Dictionary of Books Relating
to America 94486. Cohen, Bibliography of Early American Law
6333.
[Taylor,
John]. A Defence
of the Measures of the Administration of Thomas Jefferson. By
Curtius. Washington:
Samuel H. Smith, 1804. 136 pp. Reprinted 1999 by The Lawbook Exchange,
Ltd. LCCN 99-24139. ISBN 1-886363-97-8. Cloth. $60.
* Reprint
of the first edition. An argument in favor of the achievements of
the first Jefferson administration, especially regarding the
Louisiana Purchase. This essay was written pseudononymously by John
Taylor of Caroline [1753-1824], the ardent advocate of states'
rights who was considered by some to be the father of American
libertarianism. Dictionary of American Biography IX:331-333.
Not in Cohen, Bibliography of Early American Law. Howes,
U.S.iana 1650-1950 T60. Sabin, A Dictionary of Books Relating
to America 18070, 94488.
Taylor,
John. An Inquiry
into the Principles and Policy of the Government of the United
States. Fredericksburg: Green and Cady, 1814. With an introduction
by Roy Franklin Nichols, Yale University Press, 1950. 562 pp.
Reprinted 1998 by The Lawbook Exchange, Ltd. LCCN 98-11147. ISBN
1-886363-46-3. Cloth. $80.
*
Considered a political writing that "deserves to rank among the two
or three really historic contributions to political science which
have been produced in the United States" (Beard, Economic Origins
of Jeffersonian Democracy), this work was originally conceived
in 1794 as a response to John Adams' A Defence of the
Constitutions of Government of the United States of America and
first published in 1814. He rejects the concept of "a natural
aristocracy" of "paper and patronage" and a federal government based
on a system of debt and taxes. Opposed to the extent of power
awarded to the executive office, he calls for a shortening of the
terms of the president and all elected officers. He considers the
American government to be one of divided powers rather than classes,
and its agents responsible to sovereign people alone. Taylor
[1753-1824] was known as "John Taylor of Caroline County, Virginia"
and served in the Continental Army and later in the Virginia House
of Delegates, then served three separate terms as member of the
United States Senate. He is considered to be one of the nation's
greatest philosophers of agrarian liberalism, and wrote extensively
on this topic as well as on political matters. One of the nation's
first proponents of states rights, in 1798 he introduced into the
Virginia legislature resolutions in support of the doctrine of
delegated powers and the right of states to respond to
confrontations by other powers. Dictionary of American Biography
IX:331. Sabin, A Dictionary of Books Relating to America
94491. Cohen, Bibliography of Early American Law 5823.
Taylor,
John, of Caroline.
New Views of the Constitution of the United States.
Washington City: Printed for the Author, 1823. [4], 316pp. Reprinted
2002 by The Lawbook Exchange, Ltd. ISBN 1-58477-079-1. Cloth.
$70.
* Reprint
of the uncommon first and only edition. Taylor was a champion of
local democracy and one of the first and clearest spokesman of the
states rights, agrarian school. This was fourth and last of Taylor's
books on the United States Constitution, in which he expounds his
philosophy of government. Cohen, Bibliography of Early American
Law 2925. Sabin, A Dictionary of Books Relating to America
94493. Howes, U.S.iana 1650-1950 T64.
Taylor,
John. A Summary
of the Roman Law, Taken from Dr. Taylor's Elements of the Civil
Law to which is Prefixed A Dissertation on Obligation. London:
Printed for T. Payne, at the Mews Gate, 1772. lxx, 328, [31] pp.
Reprinted 2005 by The Lawbook Exchange, Ltd. ISBN 1-58477-506-8.
Cloth. $95.
* A landmark in the history of English
reception of Roman law, Taylor's Elements was originally
written in 1754 a primer on the Roman law and the principles of
law in general for the grandsons of the Earl of Granville, to
whom he had been appointed tutor. Taylor [1704-1766], who was
a fellow of St. John's College, Cambridge, an advocate of Doctor's
Commons and a member of the Royal Society, addresses the history
of Roman public and private law and its concepts of law, right,
justice, persons, marriage, slavery, property, the patria potestas
and equity. He also considers natural and international law. Taylor
draws on a wide range of sources. In addition to Justinian, he
uses earlier compilations, other Greek and Latin classical authors
and later writers on the Roman, natural and international law.
The anonymous compiler of this edition extracted all of the sections
dealing with Roman law and added a brief treatise on obligation.
[T.
E.]. The Lawes
Resolutions of Womens Rights: Or, The Lawes Provision for Woemen.
A Methodicall Collection of Such Statutes and Customes, With the
Cases, Opinions, Arguments and Points of Learning in the Law,
As Doe Properly Concerne Women. Together with a Compendious Table,
Whereby the Chiefe Matters in This Booke Contained, May Be the
More Readily Found. London: Printed by the Assignes of John
More, 1632. [xiv], 404 pp. Reprinted 2005 by The Lawbook Exchange,
Ltd. ISBN 1-58477-525-4. Cloth. $125.
* Reprint of the first edition. The
first work devoted exclusively to women's law, this incomparable
digest of laws in force at the time of the Civil War is also known
as The Womens Lawyer. An anonymous work, its preface is
signed T.E. Often attributed to Thomas Edgar [fl. 1615-1649],
some believe the author was actually Sir John Doderidge [1555-1628],
an important legal figure during the reign of James I. Lord Campbell
considers it "a learned work on the subject of marriage"
(cited in Sweet & Maxwell). It also treats such diverse topics
as age of consent, dower, hermaphrodites, polygamy, wooing, partition,
chattels, divorce, descent, seisin, treason, felonies and rape.
Sweet & Maxwell, A Legal Bibliography of the British Commonwealth
of Nations I:500 (24).
Thomson,
Richard. An
Historical Essay on the Magna Charta of King John: to which are
added, the Great Charter in Latin and English, the charters of
liberties and confirmations, granted by Henry III and Edward I,
the original Charter of the forests, and various authentic instruments
connected with them: Explanatory Notes on their Several Privileges;
A Descriptive Account of the Principal Originals and Editions
Extant, Both in Print and Manuscript; and Other Illustrations,
Derived from the Most Interesting and Authentic Sources. London:
John Major and Robert Jennings, 1829. xxxii, 612 pp. Reprinted
2000 by The Lawbook Exchange, Ltd. LCCN 99-40987. ISBN 1-58477-030-9.
Cloth. $95.
*
"Contains the text of John's charter, with a translation; also
translations of the articles of the barons, the forest charter, and
the confirmations of Henry III. And Edward I.; with elaborate notes,
based largely on Coke's second Institutes. This is one of the
'standard' works on the Great Charter." Gross, The Sources and
Literature of English History from the Earliest Times to about 1485
2019. Each page is bordered with an elaborate "embellishment."
Thorne,
Samuel E., Editor.
A Discourse Upon the Exposition and Understanding of
Statutes. With Sir Thomas Egerton's Additions. Edited From Manuscripts
in the Huntington Library. San Marino: Huntington Library,
1942. vii, 194 pp. Reprinted 2003 by The Lawbook Exchange, Ltd.
ISBN 1-58477-355-3. Cloth $65.
* Reprint
of first edition. Written anonymously at the end of the Year Book
period, the Discourse Upon the Exposicion and Understandinge of
Statutes is the earliest English treatise on the subject.
Thorne's edition has the additional appeal of lengthy manuscript
notes compiled from a copy owned by Sir Thomas Egerton [?1540-1617],
an attorney who held several important posts in Elizabethan England
including Solicitor-General and Lord Chancellor. "Professor Thorne
... has carried out his difficult task with great skill and has
prefixed an introduction which can be regarded as the most
authoritative and most richly documented discussion as yet upon the
problems of statutory interpretation from the later fourteenth
century ... to the age of Coke." T.F.T. Plucknett, Law Quarterly
Review 60:242 cited in Marke, A Catalogue of the Law Collection
at New York University (1953) 810.
[Thorpe,
B(enjamin), Editor].
Ancient Laws and Institutes of England; Comprising Laws Enacted
under the Anglo-Saxon Kings from Æthelbirtht to Cnut, With an
English Translation of the Saxon; The Laws called Edward the Confessor's;
The Laws of William the Conqueror, and those Ascribef to Henry
the First: Also, Monumenta Ecclesiastica Anglicana, From the Seventh
to the Tenth Century; and the Ancient Latin Version of the Anglo-Saxon
Laws. With a Compendious Glossary, &c. [London: Printed
by George E. Eyre and Andrew Spottiswoode, Printers to the Queen's
most Excellent Majesty, 1840]. x, [iv], 548, [79] pp. (10"
X 14"). Reprinted 2004 by The Lawbook Exchange, Ltd. LCCN
2002024242. ISBN 1-58477-264-6. Cloth. $195.
* A
critical edition of laws issued before 1066 based on original
manuscript sources, with most in their original languages. With
thorough notes, extensive commentary, a concordance of sources, an
index to the Anglo-Saxon laws and an index to the Monumenta
Ecclesiastica. Benjamin Thorpe [1782-1870] was a well-known
Anglo-Saxon scholar and translator who published a number of
principal works in this field, including the important Analecta
Anglo-Saxonica. This edition remains a standard source for
scholars of this period. Dictionary of National Biography
XIX: 795-796.
Thorpe,
W[illiam] G[eorge].
Middle Temple Table Talk: With Some Talk About the Table Itself.
London: Hutchinson & Co., 1894. xxiv, 376 pp. Reprinted 2004
by The Lawbook Exchange, Ltd. ISBN 1-58477-341-3. Cloth. $80.
* Reprint
of first edition. Thorpe [d.1902], a barrister and literary
historian, was admitted to the Middle Temple in 1875. His book is a
delightful miscellany of Middle Temple anecdotes, discussions of its
official and unofficial customs, legal lore, literary history and
other topics discussed socially among Templars. Interesting in
itself, this book is equally valuable as a document of the Middle
Temple's institutional character at the turn of the century.
Tiedeman,
Christopher G. A
Treatise on the Limitations of Police Power in the United States
Considered from both a Civil and Criminal Standpoint.
St. Louis: The F.H. Thomas Law Book Co., 1886. lxv, 662 pp. Reprinted
2001 by The Lawbook Exchange, Ltd. ISBN 1-58477-122-4. Cloth.
New. $110.
* An
influential work often cited by lawyers and judges in their attacks
upon legislative power, offering a conservative bias in its
constitutional analysis of the subject of police power. "This
treatise far more clearly sustained and developed laissez faire
constitutional principles than did that of Cooley, and it was second
only to the work of the latter in the influence it was to exercise
on bench and bar. Although Cooley may have anticipated the rise of
laissez faire constitutionalism, Tiedeman most surely deserves
credit for its crystallization into a fixed and pervading dogma."
Jacobs, Law Writers and the Courts 59,62. Tiedeman
[1857-1903] was a law professor and author known chiefly for this
important treatise, and also State and Federal Control of Person
and Property. Catalogue of the Library of the Harvard Law
School II:749.
Tiedeman,
Christopher G.
A Treatise on State and Federal Control of Persons and Property
in the United States Considered from both a Civil and Criminal
Standpoint. St. Louis: The F.H. Thomas Law Book Co., 1900.
Two volumes. Reprinted 2002 by The Lawbook Exchange, Ltd. ISBN
1-58477-229-8. Cloth. New. $195.
* A
conservative jurist known for his important study A Treatise on
the Limitations of Police Power in the United States Considered from
Both a Civil and Criminal Standpoint, Tiedeman [1857-1903]
completed this work at a time when the spirit of social and economic
laissez-faire of the Gilded Age was giving way to demands for
greater degrees of governmental regulation in response to the
emergence of modern corporate capitalism and, especially, the rapid
growth of Socialism, Communism, and Anarchism. For Tiedeman, the
fundamental issue is the need to control these groups in the
interests of public order while preserving their rights of
self-determination as guaranteed by the Constitution. He was
optimistic that popular faith in the Constitution is strong enough
to maintain this delicate balance.
Tocqueville, Alexis de.
Democracy in America. Translated by Henry Reeve, Esq. With
an Original Preface and Notes by John C. Spencer. New York: Adlard
and Saunders, 1838. xxx, 464 pp. Reprinted 2003 by The Lawbook Exchange,
Ltd. LCCN 2002025957. ISBN 1-58477-249-2. Cloth. $85.
* Reprint
of the first English-language edition. In 1831, Alexis de Tocqueville
[1805-1859] and Gustave de Beaumont [fl.1835] were sent to the United
States by the French government to study American prisons, which
were renowned for their progressive and humane methods. They were
pleased to accept this assignment because they were intrigued by
the idea of American democracy. Tocqueville and Beaumont spent nine
months in the country, traveling as far west as Michigan and as
far south as New Orleans. Throughout the tour, Tocqueville used
his social connections to arrange meetings with several prominent
and influential thinkers of the day. He recorded his thoughts on
the structure of the government and the judicial system, and commented
on everyday people and the nation's political culture and social
institutions. His observations on slavery, in particular, are impassioned
and critical. These notes formed the basis of Democracy in America.
This landmark work initiated a dialogue about the nature of democracy
and the United States and its people that continues to this day.
Todd,
Alpheus. Parliamentary
Government in the British Colonies. Edited by His Son. London:
Longmans, Green, and Co., 1894. xx, 929 pp. Reprint available
April 2006 by The Lawbook Exchange, Ltd. ISBN 1-58477-617-X. Cloth.
$150.
* Reprint of the Second edition. By
1894 Great Britain possessed the largest formal empire that ever
existed, one that ranged across a bewildering variety of lands
and cultures. A remarkable work of synthesis and analysis, Todd's
treatise is an excellent guide to its political and legal administration
at the time when the empire stood at its zenith. In the course
of nineteen lucid chapters it describes how Parliamentary government
functions in the Colonies, the ways imperial control manages the
appointment and control of governors, local legislation, internal
administration, military, naval, and ecclesiastical matters, foreign
relations, imperial legislation, judicial appeals, grant of honours
and the use of royal prerogatives, particularly mercy. Other chapters
examine administrative and legislative jurisdiction over subordinate
provinces of a central colonial government, the constitutions
and powers of colonial parliaments and the double position and
functions of colonial governors or lieutenant-governors.
Townley,
James. The
Reasons of the Laws of Moses from the "More Nevochim"
of Maimonides. With Notes, Dissertations, and a Life of the Author.
London: Longman, Rees, Orme, Brown, and Green, 1827. xi, 451 pp.
Reprinted 2001 by The Lawbook Exchange, Ltd. LCCN 00-066334. ISBN
1-58477-168-2. Cloth. $95.
* "The
laws and institutions of Moses constitute the earliest and most
original system of ecclesiastical and civil jurisprudence and
polity, with which the world has ever been favoured." (From the
Preface). Maimonides' classic work of religious philosophy, the
"More Nevochim" or Guide for the Perplexed contains an important
section, The Reasons of The Laws of Moses, which was never
fully translated into English until Townsley's translation, based on
early Hebrew and Latin editions, which was originally published in
1829. Townsley's scholarly translation is supplemented by nine
dissertations on the work, extensive notes and an index, and a
biography of Maimonides [1135-1204], the medieval Jewish philosopher
and jurist whose writings on Jewish law are highly regarded. Walker,
The Oxford Companion to Law 797.
Townsend,
William H. Lincoln
the Litigant. Boston: Houghton Mifflin Company, 1925. [ix],
[117] pp. Frontis. Illus. Reprinted 2000 by The Lawbook Exchange,
Ltd. LCCN 99-16499. ISBN 1-58477-021-X. Cloth. $60.
* It is
not a well-known fact that Lincoln engaged in an unusually great
number of lawsuits compared to most attorneys of his time. An
examination of cases in which Lincoln participated as a party to the
suit, based on the author's study of the papers of Lincoln's firm,
Lincoln and Herndon, reveal his renowned honesty to be intact in his
litigious pursuits. Marke, A Catalogue of the Law Collection of
New York University (1953) 1107.
Trayner,
John. Latin
Phrases and Maxims: Collected from the Institutional and other
Writers on Scotch Law; with Translations and Illustrations.
Edinburgh: William Paterson, 1861. iv, [2], 356 pp. Reprinted
2001 by The Lawbook Exchange, Ltd. LCCN 00-067012. ISBN 1-58477-174-7.
Cloth. $75.
*
Organized alphabetically and containing approximately 1,500 entries
that provide explanations of the technical import and application of
the Latin law maxims and phrases in common use, and still relevant
today. At the time of publication, a work of this kind had not been
seen, and it went into a second edition in 1876. Catalogue of the
Library of the Law School of Harvard University (1909), citing
2nd ed.
Tremenheere,
Hugh Seymour. The
Constitution of the United States Compared With Our Own. London:
John Murray, 1854. xvi, 389 pp. Reprint available September 2006
by The Lawbook Exchange, Ltd. ISBN-13: 978-158477-604-8. 10-ISBN:
1-58477-604-8. Cloth. $125.
* In this work, a useful compendium
of authorities as well as a comparative analysis of the differences
between the American and English constitutions, Tremenheere follows
the arrangement of Story's Commentaries and "state[s]
in as compendious a manner as is consistent with clearness, the
substance of that learned judge's remarks and opinions, upon each
of the most important articles of the Constitution." To this
he adds "the observations of the authors of the 'Federalist,'
and also those of Mr. Justice Kent, under the same heads, together
with extracts from any other writers whose facts and opinions
may seem worthy of consideration in connection with those of the
above principal authorities" (Introduction). Tremenheere
[1804-1893] was a member of the Inner Temple. The author of six
exhaustive reports on child labor, his work was the foundation
for at least fourteen acts of Parliament.
[Trial].[Adultery
and Divorce]. Trials
for Adultery: Or, the History of Divorces. Being Select Trials
at Doctors Commons, for Adultery, Fornication, Cruelty, Impotence,
&c. From the Year 1760, to the Present Time. Including the
whole of the Evidence on Each Cause. Together With the Letters,
&c. That Have Been Intercepted Between the Amorous Parties.
The Whole Forming a Complete History of the Private Life, Intrigues,
and Amours of Many Characters in the Most Elevated Sphere: Every
Scene and Transaction, However Ridiculous, Whimsical, or Extraordinary,
Being Fairly Represented, as Becomes a Faithful Historian, Who
is Fully Determined Not to Sacrifice Truth at the Shrine of Guilt
and Folly. Taken in Short Hand, by a Civilian. London: Printed
for S. Bladon, 1779-1780. Seven Volumes. Plates. Reprint available
May 2006 by The Lawbook Exchange, Ltd. ISBN 1-58477-468-1. Cloth.
$695.
* With numerous ribald engravings.
This is the most extensive compilation of scandalous divorce cases
produced in eighteenth-century England. Produced for amusement
and titillation, the accounts in these volumes are valuable nevertheless
for their combination of accurate reports and vivid background
histories. In all, this collection is a fascinating document of
English social and legal attitudes toward adultery and divorce
at the dawn of an era of unprecedented social change.
[Trials].
[Witchcraft]. Curious
Cases and Amusing Actions at Law Including Some Trials of Witches
in the Seventeenth Century. Toronto: The Carswell Co., Limited,
1916. vii, 234 pp. Reprinted 2000 by The Lawbook Exchange, Ltd.
LCCN 99-032361. ISBN 1-58477-012-0. Cloth. $65.
*
Fascinating and entertaining tales of cases and trials from the
Birmingham Court of Requests (such as "The meek husband and the
bouncing wife," "The servant and his two masters"); a witchcraft
trial held before Sir Matthew Hale, 1664, taken down by an attendant
at the proceedings; and six New England Salem witchcraft trials from
1692.
Tucker,
Henry St. George. Commentaries
on the Laws of Virginia. Comprising the Substance of a Course
of Lectures Delivered to the Winchester Law School. With a new
Introduction by David Cobin and Paul Finkelman.
Richmond: Shepherd and Colin, 1846. Two volumes. 34, 468; 24,
512 pp. Reprinted 1998 by The Lawbook Exchange, Ltd. LCCN 97-10313.
ISBN-13: 978-1-886363-26-7. ISBN-10: 1-886363-26-9. Cloth. $185.
* Along
with James Kent's Commentaries on American Law and Joseph
Story's Commentaries, Tucker's two volume work established
the standard for American treatise writing and helped to organize
American law. The Commentaries served as the primary
reference source for the bar of Virginia as well as for many in the
rest of the country until 1850, and was considered the most valuable
text for students and lawyers in much of the South until the Civil
War. While
modeled on Blackstone's Commentaries, Tucker's work is
entirely original. In that way it is a much more impressive
accomplishment than his father's edition of Blackstone. The senior
Tucker labored hard to annotate Blackstone, and then add to it;
Tucker wrote his Commentaries on the Laws of Virginia
himself, based on his lectures at Winchester Law School, which he
established in 1824. The Commentaries on the Laws of Virginia
cover in detail the subject matter in the first three
Blackstone's Commentaries.
Tucker,
Henry St. George.
Lectures on the Constitutional Law, for the Use of the Law
Class at the University of Virginia. Richmond: Printed for
Shepherd and Colin, 1843. 242 pp. Reprinted 2004 by The Lawbook
Exchange, Ltd. ISBN 1-58477-453-3. Cloth. $95.
* Reprint
of the rare 1843 edition. Tucker [1780-1848] proposes a vigorous
defense of states-rights principles in the manner of John Taylor of
Caroline. A notably sophisticated argument, it balances detailed
analysis of the U.S. Constitution with criticism of Joseph Story,
Daniel Webster and other proponents of a powerful Federal
government. Tucker was a judge of the superior courts of chancery
for the Winchester and Clarksburg districts, President of Virginia's
Supreme Court of Appeals, the director of a private law school in
Winchester and, later in life, Professor of Law at the University of
Virginia. Works that grew out of the classroom include
Commentaries on the Laws of Virginia (1836-1837), the third
edition of which is also available as Lawbook Exchange reprint, and
the present work.
Tucker,
Henry St. George.
Limitations on the Treaty-Making Power Under the Constitution
of the United States. Boston: Little, Brown, and Company,
1915. xxi, 444 pp. Reprinted 2000 by The Lawbook Exchange, Ltd.
LCCN 99-31589. ISBN 1-58477-015-5. Cloth. $75.
* An
interpretation of relevant cases and the opinions of legislators and
judges to support Tucker's argument for strict limitations on
treaty-making power. With table of cases and index. Tucker
[1853-1932], a congressman from Virginia, was the grandson of Henry
St. George Tucker, author of Commentaries on the Laws of Virginia.
In Congress he was known for his opposition to women's suffrage and
his support of states rights.
Tucker,
Henry St. George.
Woman's Suffrage by Constitutional Amendment. New Haven:
Yale University Press, 1916. x, 204 pp. Reprinted 2003 by The
Lawbook Exchange, Ltd. LCCN 2002044382. ISBN 1-58477-342-1. Cloth.
$65.
* Tucker
[1853-1932], the grandson and namesake of Henry St. George Tucker
[1780-1848], was a Congressman from Virginia and an opponent of most
social legislation. He argues that a Constitutional amendment
providing for women's suffrage would violate the division between
state and federal powers. According to Tucker, the right to vote is
not a federal issue, but a local one. Reprint of the 1916 Yale
University Storrs Lectures.
Tucker,
N[athaniel] Beverley.
A Series of Lectures on the Science of Government, Intended
to Prepare the Student for the Study of the Constitution of the
United States. Philadelphia: Carey and Hart, 1845. 464 pp.
Reprinted 2004 by The Lawbook Exchange, Ltd. 1-58477-519-X. Cloth.
$150.
* This work contains twenty-two lectures,
largely on constitutional law, and uniformly favorable to the
idea of states' rights. Most were delivered at the College of
William and Mary. Beverley Tucker, 1784-1851, son of St. George
Tucker and half-brother of John Randolph, began an unsuccessful
law practice upon his graduation from William and Mary. His business
failing despite his family connections, Tucker relocated to Missouri
where he opposed the Missouri Compromise and gained a judicial
seat. Later returning to Virginia, he was appointed professor
of law at his alma mater and spent the next thirty years "pour(ing)
forth letters, books and speeches in defense of the rights of
the South." This work contains twenty-two lectures, largely
on constitutional law, and uniformly favorable to the idea of
states' rights. Most were delivered at the College of William
and Mary.
Tucker,
Robert W. The
Law of War and Neutrality at Sea. Washington: United States
Government Printing Office, 1955. xiii, 448 pp. Reprinted 2006
by The Lawbook Exchange, Ltd. ISBN-13: 978-1-58477-582-9. ISBN-10:
1-58477-582-3. Cloth. $95.
* Reprint of a title in the International
Law Studies series published by the Naval War College. Published
at a time when international law was processing the challenges
introduced during World War II and the Korean Conflict, and when
the United Nations, the World Court and other new international
bodies were exerting influence as belligerents or judicial bodies,
Tucker's analysis was a timely guide to a legal field in the midst
of unprecedented change.
Tucker,
St. George. Blackstone's
Commentaries. With Notes of Reference to the Constitution and
Laws, of the Federal Government of the United States, and of the
Commonwealth of Virginia. In Five Volumes, with an Appendix to
Each volume, Containing Short Tracts upon Such Subjects As Appeared
Necessary to Form a Connected View of the Laws of Virginia As
a Member of the Federal Union.
Philadelphia: William Young Birch and Abraham Small, 1803. Five
volumes. Reprinted 1996 by The Lawbook Exchange, Ltd. With
a New Critical Introduction by Paul Finkelman and David Cobin.
LCCN 96-12566. ISBN-13: 978-1-886363-15-1. ISBN-10: 1-886363-15-3.
Cloth. $450.
* The
first extended treatment of the subject, Tucker's Blackstone
is a key resource for understanding how Americans viewed English
common law in the years following the adoption of the Constitution
and the Bill of Rights. Based on his lectures at the College of
William and Mary, Tucker interprets Blackstone's often
antidemocratic viewpoint in the American context. A strong proponent
of the First Amendment, he elaborates a theory of freedom of speech
and press that is more expansive than in the English tradition.
"Tucker's Blackstone became a standard reference work for
many American lawyers unable to consult a law library, especially
those on the frontier. It is impossible to measure its impact on
American law, but it is clear that sales were strongest in Virginia,
as could be expected; it was also widely used in Pennsylvania and
South Carolina." Bryson, The Virginia Law Reporter Before 1800
102. Tucker's Blackstone has been cited in numerous cases by
the U.S. Supreme Court in an attempt to discern the original intent
of the Constitution. Eller, The William Blackstone Collection in
the Yale Law Library 87. Sabin, A Dictionary of Books
relating to America 5696. Cohen, Bibliography of Early
American Law 5318. A monumental work of continuing relevance,
this reprint edition is prefaced by a new critical introduction by
Professors Paul Finkelman and David Cobin.
Twiss,
Benjamin R.
Lawyers and the Constitution: How Laissez Faire Came to the Supreme
Court. With a foreword by Edward S. Corwin. xii, 271 pp. Princeton
University Press, [1942]. Reprinted 2001 by The Lawbook Exchange,
Ltd. LCCN 00-067114. ISBN 1-58477-138-0. Cloth. $75.
*
Spanning the years 1875 to 1935, this work is an attempt to
"...analyze the vital function of the bar as a liaison between
businessmen and judges, and to show how protests against government
interference with private enterprise were translated into formal
constitutional limitations. It is also an important, a highly
important, chapter in the history of those twin institutions,
Judicial Review and its product, Constitutional Law." Foreword, p.
ix. Twiss [1912-1941] died tragically in an automobile accident at a
young age. His professor at Princeton, Edward S. Corwin, edited this
manuscript and prepared it for publication following his death. "One
recalls, with sorrow at his early demise, that brilliant study by
Professor Corwin's student, Dr. B.R. Twiss showing how our most
brilliant barristers have led, if not shepherded, the opposition to
all recent social legislation, from the income tax on." Yale L.J.
54:175. Marke, A Catalogue of the Law Collection at New York
University (1953) 381.
[Twiss,
Sir Travers].
The Black Book of the Admiralty, with an Appendix.
Monumenta Juridica. Edited by Sir Travers Twiss. London: Longman
& Co., 1871. Four volumes. 4, xciii, 491, [2]; 4, lxxxvii,
500, 31; 4, lxxxvi, 673, [1], 31; 4, clii, 559, 32 pp. Reprinted
1998 by The Lawbook Exchange, Ltd. LCCN 97-38809 ISBN 1-886363-39-0.
1871. Cloth. $495.
* The
earliest records of the court of Admiralty portray not only the
origin of maritime law as we know it today, but are also important
records of the origin of international law due to the court of
Admiralty's jurisdiction over commercial contracts and foreign
trade. Contains documents from many sources collected by an official
of the Admiralty during the reign of Henry VI. Includes regulations
regarding the criminal jurisdiction of the Admiralty, the rights of
the crown, the Admiralty droits; rights, wages, prizes, merchant
contracts, collisions, inquests; a tract on the ordo judiciorum
illustrating the court's model from civil rather than common law
procedure; and the inquisition taken at Queensborough in 1375. This
edition contains the laws of Oleron with eleven additional rules;
and an Appendix of documents including the statutes of Richard II
and Henry IV's reign concerning Admiralty jurisdiction.
Upshur,
Abel Parker.
A Brief Enquiry into the True Nature Character of Our Federal
Government, being a review of Judge Story's Commentaries on the
Constitution of the United States. By a Virginian.
Petersburg: Printed by Edmund and Julian C. Ruffin, 1840. 132
pp. Reprinted 1998 by The Lawbook Exchange, Ltd. LCCN 97-11151.
ISBN 1-886363-44-7. Cloth. $45.
* A
refutation of the nationalistic theory of the Constitution,
originally published as a pamphlet in 1840, this work was also
reprinted in 1863 by Northern Democrats in an effort to set forth
the political philosophy of the Confederacy. Upshur (1791-1844), a
Virginia judge, politician and spokesman for states-rights,
pro-slavery southern conservative ideology, served as Secretary of
the Navy and Secretary of State under President Tyler. An advocate
of the annexation of Texas and reopened those negotiations. He was a
supporter of banking regulation and an opponent of the theory of
natural law. The original edition, published by another Southern
conservative, Edmund Ruffin, is now quite uncommon. Dictionary of
American Biography 126. Sabin, A Dictionary of Books Relating
to America 7866. Cohen, Bibliography of Early American Law
2947.
Valmaer.
[pseud]. [Ream, Michael].
Lawyer's Code of Ethics. A Satire. St. Louis: The F.H.
Thomas Law Book Co., 1887. 143 pp. Reprinted 2001 by The Lawbook
Exchange, Ltd. LCCN 00-021508. ISBN 1-58477-047-3. Cloth. $65.
* Witty
satire of the world of law practice, written in the form of an
instructional code of ethics, providing advice such as "When old
members of the bar do come into contact with the young men, they
should by their conduct towards them make them feel their
insignificance. Show them that patronage that all great men show
towards inferiors. They are obtruders in our select circle, but
since they have wedged their way in, they are entitled to a little
consideration, but not much; and that only because they are
lawyers." Pp. 31-32. Marke, A Catalogue of the Law Collection of
New York University (1953) 161.
Vattel,
Emmerich de; Joseph Chitty (editor).
The Law of Nations; or Principles of the Law of Nature, Applied
to the Conduct and Affairs of Nations and Sovereigns. From the
French of Monsieur De Vattel. With Additional Notes and References
by Edward D. Ingraham, Esq. Philadelphia: T.& J.W. Johnson,
1854. lxvi, 656 pp. Reprinted 2005 by The Lawbook Exchange, Ltd.
2004. ISBN-13: 978-1-58477-501-0. ISBN-10: 1-58477-501-7. Cloth.
$125.
* Chitty [1776-1841], the distinguished
English legal scholar, produced this edition of Vattel's classic
study to bring it to the attention of a wider audience. "[I]t
is of infinitely more extended utility, he observed, because
it "contains a practical collection of ethics, principles,
and rules of conduct to be observed and pursued, as well by private
individuals as by states, and these of the utmost practical
importance to the well-being, happiness, and ultimate and permanent
advantage and benefit of all mankind." It should therefore
be studied "by every gentleman of liberal education,
and by youth, in whom the best moral principles should
be inculcated. The work should be familiar in the Universities,
and in every class above the inferior ranks of society. And, as
regards lawyers, it contains the clearest rules of construing
private contracts, and respecting Admiralty and Insurance
law.": Preface v.
Verplanck,
Gulian C. An
Essay on the Doctrine of Contracts: Being an Inquiry How Contracts
are Affected in Law and Morals, By Concealment, Error, Or Inadequate
Price. New York: Published by G. & C. Carvill, [1825].
vi, 234 pp. Reprint available August 2006 by the Lawbook Exchange,
Ltd. ISBN 1-58477-637-4. Cloth. $95.
* Reprint of the first edition. In
his discussion of early American works on contract law in The
Transformation of American Law Horwitz observes that "nowhere
were [its] underlying bases more brilliantly and systematically
rethought" than in Verplanck's Essay (281). Indeed,
compared to those of Dane and Story, "Verplanck's reconsideration
of the philosophical foundations of contract law was by far the
most penetrating among the American treatise writers" (283).
It is a landmark in the development of the will theory of contract
and an elaborate critique of the doctrine of caveat emptor,
which had recently been adopted by the U.S. Supreme Court in Laidlaw
v. Organ (1817). On a broader level, this key work is interesting
for its insights into the tandem development of contract law and
the market economy on the cusp of the economic boom of the 1820s.
Vile,
John, editor. Proposed
Amendments to the U.S. Constitution 1787-2001. Three volumes.
Published 2003 by The Lawbook Exchange, Ltd. LCCN 2002040563.
ISBN 1-58477-225-5. Cloth. $450.
* Since
1787, only twenty-seven amendments have been proposed by two-thirds
majorities in Congress and ratified by three-fourths of the states.
During this same time, members of Congress have introduced more than
eleven and a half thousand proposals, and states have filed close to
four hundred additional petitions for constitutional conventions to
propose amendments.
These three volumes edited and
introduced by John R. Vile collect and update compilations of lists
of proposed amendments and convention petitions that have been
scattered about in a variety of governmental reports. They also
reprint classic studies by Herman Ames and Michael Musmanno that
analyzed amending proposals introduced during the nation's early
years. The work includes texts of basic constitutional documents
like the Articles of Confederation, the U.S. Constitution and its
amendments, and the Confederate Constitution, as well as a
comprehensive index of all amendments proposed through 2001.
CONTENTS:
Volume I:
Introduction, Dr. John R. Vile; The Articles of Confederation;
Constitution of the United States of America and its Amendments;
Dates Amendments to the U.S. Constitution Were Proposed and
Ratified; Constitution of the Confederate States of America; The
Proposed Amendments to the Constitution of the United State During
the First Century of Its History (1897), Herman V. Ames.
Volume
II: Proposed
Amendments to the Constitution of the United States; Introduced in
Congress from December 4, 1889 to July 2, 1926, S. Doc. No. 93, 69th
Cong. 1st Sess. (1926); Proposed Amendments to the Constitution, a
Monograph on the Resolutions introduced in Congress Proposing
Amendments to the Constitution of the United States of America, H.
Doc. 551, 70th Cong., 2d Sess. (1929), Michael Angelo Musmanno;
Proposed Amendments to the Constitution of the United States
Introduced in Congress from the 69th Congress, 2d Session through the 87th
Congress, 2d Session, December 6, 1926 to January 3, 1963, S. Doc.
No. 163, 87th Cong. 2d Sess. (1962).
Volume
III: Proposed
Amendments to the Constitution of the United States Introduced in
Congress from the 88th Congress, 1st Session through the 90th
Congress 2d Session, January 9, 1963 to January 3, 1969, S. Doc. No.
91-38, 91st Cong. 2d Sess. (1969); Proposed Amendments to the
Constitution of the United States Introduced in Congress from the
91st Congress, 1st Session through the 98th Congress, 2d Session,
January 1969-December 1984, CSR Report No. 85-36 GOV, Richard
Davis; Proposed Amendments to the Constitution: 99th-101st
Congress (1985-1990), Daryl B. Harris; Proposed Amendments to
the United States Constitution, 102nd - first half of 107th
Congresses (1991-2001); Amendments Proposed by Two-Thirds Majorities
of Congress but not Ratified by the States; List of Applicants by
the States to Congress for a Constitutional Convention;
Comprehensive Index of Proposed Amendments to the U.S. Constitution,
1787-2001.
Dr. John
R. Vile (Ph.D.,
University of Virginia) is a professor and chair of the Department
of Political Science at Middle Tennessee State University. Vile has
written and edited six previous books on the constitutional amending
process including the award-winning Encyclopedia of
Constitutional Amendments, Proposed Amendments, and Amending Issues,
1789-1995 (1998). Vile is also the author of A Companion to
the U.S. Constitution and Its Amendments, 3rd ed. (2001) and the
editor of a CD-ROM entitled The History of the American Legal
System (1999) and of a two-volume work entitled Great
American Lawyers: An Encyclopedia (2001). Vile is currently
serving as the general editor of a series entitled Student's
Guide to Landmark Congressional Laws, and he is working on
Great American Judges: An Encyclopedia (2003) and a book on
presidential victory and concession speeches.
Vinogradoff,
Paul. Common
Sense in Law. New York: Henry Holt and Company, [n.d.] 1914.
256 pp. [xiv]. Reprinted 2006 by The Lawbook Exchange, Ltd. ISBN-13:
978-1-58477-653-6. ISBN-10: 1-58477-653-6. Cloth. $95.
* This title by Sir Paul Vinogradoff
[1854-1925] is a sophisticated introduction to jurisprudence.
It is notable for its sociological interpretation, which was then
a recent idea in Anglo-American jurisprudence. "We know very
few short books, and not many books on a larger scale, so well
fitted to give lay people a just notion of the spirit of modern
law, and, what is not less important, to encourage practising
lawyers in maintaining a liberal and dignified view of their profession.":
Frederick Pollock, Law Quarterly Review 30 (1914) 236.
This book was written for the Home University Series. These layman's
guides are notable because several were written by distinguished
authors.
Vinogradoff,
Paul. Custom
and Right. Oslo: H. Aschehoug, 1925. 110 pp. Reprinted 2000
by The Lawbook Exchange, Ltd. LCCN 99-0474851. ISBN 1-58477-048-1.
Cloth. $45.
* John M.
Zane recommends this work, of which he comments "...the facts and
ideas that are called legal can be studied with advantage from the
same viewpoint as other branches of social phenomena, such as
language, religion, folklore, or customs, that are not legal... The
first chapter is called Methods of Jurisprudence, showing the manner
in which law develops, sometimes in one way, sometimes in
another...The next chapter deals with the particular factors of
custom and legislation. It examines, without dogmatizing, the
difference between the gradual acceptance of law by means of custom
and the conscious, purposeful statement of a law by the law-making
power. The next chapter takes a particular instance of the family
organization as a fertile source of law in different stages. Finally
the last chapter, entitled The Right of Appropriation, carries the
discussion into the origins of property and the clashing interests
of the individual in his freedom to acquire and contract as against
the interests of the social organization. It is all in the easy
method of a wise man talking, as if lecturing, upon topics, not
seeking to exhaust, but to suggest. The book is stimulating. It will
bear reading and rereading. Like all good books, it suggests more
than it says..." John M. Zane, Yale Law Journal 35:1026-1027.
Marke, A Catalogue of the Law Collection of New York University
(1953) 929.
Vinogradoff,
Sir Paul. English
Society in the Eleventh Century: Essays in English Mediaeval History.
Oxford: At the Clarendon Press, 1908. xii, 599 pp. Reprinted 2005
by The Lawbook Exchange, Ltd. ISBN 1-58477-476-2. Cloth. $95.
* One of the principal studies by
the eminent legal scholar, it is commended by Holdsworth in The
Historians of English Law as "a most valuable historical
analysis of the forces which were creating mediaeval society in
England" (86-87). Vinogradoff [1854-1925] considers the Old
English, Danish and Norman elements that shaped English society
during one of its most dynamic phases. Careful attention is paid
to the influence of political factors and public law on social
life and how innovations in husbandry and other economic factors
influenced the development of private law.
Vinogradoff,
Paul, editor. Essays
in Legal History Read Before the International Congress of Historical
Studies Held in London in 1913. London: Oxford University
Press, 1913. viii, 396 pp. Reprinted 2004 by The Lawbook Exchange,
Ltd. ISBN 1-58477-351-0. Cloth. $110.
*
Complete text of papers read at the International Congress, in their
native tongue, edited by Paul Vinogradoff, who presided over the
section. The collection of 20 includes essays given by Gierke,
Hazeltine, and Huebner, as well as "The Numismatic Illustrations of
the History of Roman Law" by E. C. Clark, "The Transformation of
Equity" by Sir Frederick Pollock, "The Influence of Coke on the
Development of English Law" by W.S. Holdsworth, and "La Maxime
Princeps Legibus Solutus est dans l'ancien Droit public francais" by
E. Esmein.
Vinogradoff,
Sir Paul [1854-1925].
The Growth of the Manor. New York: The MacMillian Company,
1911. ix, 384 pp. Reprinted 2005 by The Lawbook Exchange, Ltd.
ISBN 1-58477-475-4. Cloth. $95.
* Reprint of the second, revised edition.
One of the principal studies of the eminent legal scholar, it
is a key work for students of the Domesday book, early court rolls,
extents and plea rolls. Vinogradoff [1854-1925] sketches the nature
of land law in the generations before Domesday, then considers
the growth of the law during the feudal period. In a review of
the first edition in the Law Quarterly Review, W. Pailey
Baildon observed that scholars will read this book with "pleasure
and advantage.": Law Quarterly Review 21:300 cited
in Marke, A Catalogue of the Law Collection at New York University
(1953) 148.
Vinogradoff, Sir Paul.
Outlines of Historical Jurisprudence. London: Oxford University
Press, 1920. Two volumes. 428; x, 315 pp. Reprinted 1999
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