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Ward,
Robert. An Enquiry Into the Foundation and History of
the Law of Nations in Europe, From the Time of the Greeks and
Romans to the Age of Grotius. Dublin: Printed by P. Wogan,
P. Byrne, W. Jones and J. Rice, 1795. Two volumes. Reprinted
2005 by The Lawbook Exchange, Ltd. ISBN 1-58477-393-6. Cloth.
$230.
* Since the seventeenth century the law of nations was dominated
by the theory of natural law, which posited the existence of
legal principles shared by all ages, places and peoples. This
theory shaped the work of such major jurists as Grotius, Pufendorf
and Selden. It was enshrined during the eighteenth century by
advocates of the Enlightenment. Ward [1765-1846] rejected this
theory. A Romantic, he had no use for universal systems. Instead,
he appreciated the uniqueness of cultures and the differences
between the past and the present. One of the first to apply
Romantic ideas to the subject, he treated the law of nations
as a malleable concept that changed considerably since antiquity.
Warfield, Ethelbert Dudley.
The Kentucky Resolutions of 1798: An Historical Study. New
York: G.P. Putnam's Sons, 1887. ix, 203 pp. Reprinted 2004 by
The Lawbook Exchange, Ltd. ISBN 1-58477-437-1. Cloth. $75.
* The
Kentucky Resolutions anonymously authored by Thomas Jefferson
[1743-1826] were adopted by the Kentucky legislature in 1798.
Written to oppose the passage of the Alien and Sedition Acts, they
initiated a debate about the respective powers of the federal
government and states. The most remarkable claim advanced by the
resolutions was that states had the right to nullify federal
legislation. A key text for advocates of states' rights, the
resolutions had a profound effect on the debates that led to the
Civil War. Dudley, a Kentucky attorney, provides a lively account of
their history. In contrast to other authors, which tend to focus of
Jefferson, Dudley emphasizes the central role played by John
Breckinridge, the leading member of the Kentucky House of
Representatives. Indeed, this book, which draws extensively on his
papers, remains the principal study of Breckinridge's influence on
the resolutions.
Warren,
Charles. History
of the Harvard Law School and of Early Legal Conditions in America.
New York: Lewis Publishing Company, 1908. Three volumes. xiv,
543; iv, 560; 397 pp. Illustrated. Reprinted 1999 by The Lawbook
Exchange, Ltd. LCCN 99-29193. ISBN 1-58477-006-6. Cloth. $275.
* The
definitive history. Warren provides a fascinating account of law
studies, lawyers, legal practice and legal conditions in America
from 1640 to 1817--the year of the foundation of the Harvard Law
School. This is followed by a comprehensive history of the Harvard
Law School from 1817 to 1908. Volume three contains a complete,
detailed biographical Alumni Roll for the Harvard Law School, with
selected class pictures and an alumni index. Marke, A Catalogue
of the Law Collection of New York University (1953) 201.
This
set is also available in handsome quarter calf with raised bands,
gilt-stamped lettering-pieces and gilt embellishments, over marbled
boards for $850.
Warren,
Edward H. Spartan
Education. Boston: Houghton Mifflin Company, 1942. xi, 164
pp. Reprint available November 2005 by The Lawbook Exchange, Ltd.
2005. ISBN 1-58477-585-8. Cloth. $65.
* Reprint of the 1942 edition, which
was strictly limited to 1000 copies. Despite requests for additional
copies Warren [1873-1945] refused to reissue the book instead
publishing an abridged edition. Warren attended Harvard College
from 1891 to 1895 and Harvard Law School from 1897 to 1900, where
his principal instructors were Ames, Gray, Smith and Thayer. After
four years at Strong and Cadwalader, he joined the Harvard Law
faculty, where he remained until his retirement. With a manner
reminiscent of Professor Kingsfield, he offers a fascinating account
of Harvard Law School from the turn of the century to the 1940s,
colorful sketches of his professors and Cadwalader and a summary
of his "Spartan" approach to pedagogy. Warren also includes
the texts of various addresses and articles dealing with Harvard,
legal history, the American Bar and political topics.
Warren,
Samuel. [Clerke, Thomas W.].
A Popular and Practical Introduction to Law Studies, and to
Every Department of the Legal Profession, Civil, Criminal, and
Ecclesiastical: With an Account of the State of the Law in Ireland
and Scotland, and Occasional Illustrations from American Law.
From the Second London Edition. Entirely Remodeled, Rewritten
and Greatly Enlarged With an American Introduction and Appendix
by Thomas W. Clerke. New York: D. Appleton & Co., 1846.
xxiv, 674 pp. Reprinted 2004 by The Lawbook Exchange, Ltd. LCCN
2003052752. ISBN 1-58477-378-2. Cloth. $130.
* Reprint
of the second American edition, which is based on the second revised
London edition, 1845. This classic guide to legal study and practice
was first issued in England in 1835 and in the United States the
following year. Not content to limit himself to practical advice,
Warren [1807-1877] adds a primer on legal ethics (and a sampling of
encouraging maxims). Clerk's additions include a fascinating
six-page supplement to the chapter on special pleading that attacks
the New York State reforms proposed by David Dudley Field. He also
includes an outline of the recently reorganized Harvard Law School
Curriculum. "It stands at the head of all works of its class for
amount and variety of information, felicity of illustration, and a
spirit-stirring and sparkling style": Marvin, Legal Bibliography
(1847) 719.
Washburne,
George Adrian.
Imperial Control of the Administration of Justice in the Thirteen
American Colonies, 1684-1776. New York: Columbia University
Press, 1923. 191 pp. Reprint available June 2006 by The Lawbook
Exchange, Ltd. ISBN 1-58477-621-8. Cloth. $70.
* Reprint of a title in the Columbia
University series Studies in History, Economics and Public
Law. The British government was certain that their colonies
in the new world would be governed by English law. They were not
certain, however, about the actual mechanisms of colonial law.
The development of the legal system in the thirteen colonies,
and they way English institutions were adapted to colonial conditions,
is the subject of this monograph. Impressively documented, it
is founded on original research based on manuscript sources in
the United States and Great Britain.
Watson,
Samuel James. The
Constitutional History of Canada. Volume I (all published).
Toronto: Adam, Stevenson & Company, 1874. 157 pp. Reprinted
2006 by The Lawbook Exchange, Ltd. ISBN 1-58477-608-0. Cloth.
$60.
* This compact history covers the
period spanning the English conquest in 1760 to the union of the
provinces in 1867. Though concerned primarily with governmental
administration, it pays close attention to the influence of political
and social developments. The legal aspect of these developments
are explored in several chapters, such as "Laws of Inheritance--Detestation
of Primogeniture," "Introduction of the Laws of England,"
"Revival of the French Laws" and "The Gift of Religious
Liberty to Canada."
Wessels,
J[ohannes] W[ilhelmus].
History of the Roman-Dutch Law. Grahamstown, Cape Colony:
African Book Co., 1908. xv, 791 pp. Reprinted 2005 by The Lawbook
Exchange, Ltd. With a New Introduction by Michael Hoeflich. ISBN
1-58477-657-9. Cloth. $150.
* Roman-Dutch law is a hybrid of medieval
Dutch law, mainly Germanic in origin, and Roman law as defined
by the Corpus Juris Civilis and its later reception. It
was developed in Holland during the sixteenth, seventeenth and
eighteenth centuries. Bynkershoek, Damhouder, Grotius and other
important Roman-Dutch scholars had a profound influence on the
development of European civil law and were the primary conduit
that brought civil-law ideas to America. Dutch colonists exported
it to South Africa, where it became the primary component of its
current legal system. This engagingly written history by a judge
of the Traansvaal Supreme Court offers a thorough analysis of
Roman-Dutch jurisprudence and its intellectual background. He
devotes a great deal of attention to its literature, and he analyzes
several treatises at length. Valuable as a introduction to one
of the most important legal systems in history, it is equally
useful as a reference.
West,
Max. The Inheritance
Tax. New York: Columbia College, 1893. 140 pp. Reprinted 2003
by The Lawbook Exchange, Ltd. ISBN 1-58477-333-2. Cloth. $60.
* This
was the first American work devoted to taxes on the devolution of
real and personal property. Notable for its depth and range, this
book considers the subject from three perspectives. The first traces
the history of inheritance taxation from antiquity to about 1890 in
continental Europe, the British Empire and the United States. The
second explores its legal theory, especially in the laws of
different states in the Union. The final analysis explores its
connection to economic theory. West concludes that inheritance tax
is an important democratic institution, one that helps to create a
level playing field by eliminating an advantage enjoyed by the rich.
Originally published as Volume IV, Number 2 in Columbia's series,
Studies in History, Economics and Public Law.
Weston,
Stephen F.
Principles of Justice in Taxation. New York: Columbia University
Press, 1903. 299 pp. Reprinted 2003 by The Lawbook Exchange, Ltd.
LCCN 2002072861. ISBN 1-58477-280-8. Cloth. New. $70.
* In this
theoretical examination of the principles and difficulties
underlying the tax system, Weston begins with a look at the origin
and characteristics of the state, then goes on to consider the
political, economic and ethical principles involved in taxation. His
theory of justice is distinguished by his inclusion of ethical and
philosophical factors seen in light of political and economic
aspects of the concept. Among the many legal and political
philosophies he explores are that of the social contract, anarchism,
communism, socialism, utilitarianism, classical economics, and
others.
Wheaton,
Henry. Elements
of International Law: with a Sketch of the History of the Science.
Philadelphia: Carey, Lea & Blanchard, 1836. xiv, 375 pp. Reprinted
2002 by The Lawbook Exchange, Ltd. LCCN 00-066335. ISBN 1-58477-170-4.
Cloth. $80.
* Reprint
of the first edition of this important treatise on international law
by the distinguished lawyer and diplomat. The work enjoyed numerous
later editions and translations. "Mr. Wheaton's early familiarity
with the jurisprudence and foreign relations of the United States,
his long experience in diplomacy, his intimate acquaintance with
European languages and foreign diplomatic writers, entitles his
writings upon International Law to more than ordinary consideration.
His works enjoy the highest reputation for the soundness of their
views, and the learning and research displayed in illustrating the
various topics discussed." Marvin, Legal Bibliography (1847)
728, citing third edition. "On his own merits Wheaton is clearly
entitled to rank among the classics. Like Grotius, he embodied a
happy combination of profound scholarship with a wide experience of
diplomatic and public life, and his work further resembles that of
Grotius in that it cannot be classified under the conventional
labels of any doctrinal system. His insistence upon the fundamental
principles of natural law is balanced by his analysis of practice as
an immediate source of positive law." H.A. Smith, Law Quarterly
Review 307-308. Marke, A Catalogue of the Law Collection at
New York University (1953) 584, citing 8th ed. Sabin, A
Dictionary of Books Relating to America 103156. Cohen,
Bibliography of Early American Law 7200. Sweet and Maxwell, A
Legal Bibliography of the British Commonwealth of Nations
II:377. Catalogue of the Library of the Law School of Harvard
University (1909) II:905.
Wheaton,
Henry. Enquiry
Into the Validity of the British Claim to a Right of Visitation
and Search of American Vessels Suspected to be Engaged in the
African Slave-Trade. Philadelphia: Lea & Blanchard, 1842.
151 pp. Reprinted 2004 by The Lawbook Exchange, Ltd. ISBN-10:
1-58477-407-X. Cloth. $120.
* Reprint
of the first edition. Wheaton [1785-1848] was a distinguished
attorney and diplomat. His Elements of International Law
(1836) established him as America's foremost authority on that
subject. Published simultaneously in the United States and Great
Britain, Enquiry criticizes Britain's seizure of American
vessels engaged in the Atlantic slave trade. Although the
importation of slaves was prohibited by law at this time, Wheaton
rejected the right of other nations to enforce this American law.
Instead of serving the United States, he reasons, such actions are a
violation of its sovereignty.
Wheeler,
John. A Treatise
of Commerce. Edited With an Introduction and Notes by George
Burton Hotchkiss. New York: The New York University Press, 1931.
xi, 484 pp. Reprinted 2004 by The Lawbook Exchange, Ltd. ISBN
1-58477-395-2. Cloth. $110.
*
Published in 1601, this treatise is an unabashed work of propaganda
on behalf of the Merchants Adventurers of England, an international
trading company. Written by the company's secretary, John Wheeler
[fl. 1601-1608], it is the earliest important example of corporate
publicity. Moreover, it offers a detailed picture of business
organizations and public-private partnerships during the Elizabethan
era and glimpses of such personalities as Burghley, Cecil (the
younger) and Queen Elizabeth. This book contains a facsimile of the
first edition, as well as an unabridged critical edition by
Hotchkiss, with detailed notes and an extensive introduction.
Whishaw,
James. A New
Law Dictionary: Containing a Concise Exposition of the Mere Terms
of Art, and Such Obsolete Words as Occur in Old Legal, Historical
and Antiquarian Writers. London: J. & W.T. Clarke, 1829.
Reprinted 2004 by The Lawbook Exchange, Ltd. With new Introduction
by Bryan A. Garner. ISBN 1-58477-359-6. Cloth. $125.
* Whishaw
[1808-1879], a member of Gray's Inn, set out to produce a law
dictionary in the tradition of Rastell, which would offer "the
exposition of the common terms and phrases of the Law" (Preface p.
vi) in a concise manner unlike the voluminous dictionaries that were
being produced contemporaneously. Although intended as a
simplification of terms and created for the young lawyer, this is by
no means a dictionary merely for the novice. Whishaw included
French, Latin and English words and phrases as well as "obsolete
words" from "old legal, historical and antiquarian writers" and
cited early law books and dictionaries in the entries (Cowell,
Blount, Hale's Pleas of the Crown, etc.). This dictionary
went into a later edition in 1832. In 1835 Whishaw published A
synopsis of the members of the English bar. This important work
remains uncommon institutionally and in the trade.
White,
Edw. J. The
Law in Scriptures: With Explanations of the Law Terms and Legal
References in Both the Old and the New Testaments. St. Louis:
Thomas Law Book Company, 1935. xxiv, 422 pp. Reprinted 2000 by
The Lawbook Exchange, Ltd. LCCN 99-059102. ISBN 1-58477-076-7.
Cloth. $80.
* Takes
the books of the Bible in order, each chapter corresponding to a
Book. "No lawyer can read this book without having impressed upon
him more firmly than ever before the conviction that in a world of
changes and turmoil, the fundamental principles of justice have
remained unaltered down through the ages...The great mass of
scholarly and useful information that has been collected in this
work is a credit to its author. Any lawyer will find the book of
great assistance in tracing the origin of our law.": Kansas City
Law Review 3:94 cited in Marke, A Catalogue of the Law
Collection of New York University (1953) 110.
Whitehead,
John. The Judicial
and Civil History of New Jersey. [Boston]: The Boston History
Company, 1897. Two volumes. Reprinted 2005 by The Lawbook Exchange,
Ltd. ISBN 1-58477-426-6. Cloth. $295.
* With an index and numerous plates.
Published for members of the New Jersey Bar, this massive judicial
history has two parts. Part I covers all aspects of the state's
legal history from the sixteenth century to the present day. Part
II is a comprehensive biographical register of the most distinguished
legal figures in the state's history. This section is especially
valuable because it collects a great deal of biographical data
that is difficult to find elsewhere.
Whiting,
William. War
Powers under the Constitution of the United States. Military Arrests,
Reconstruction & Military Government. Also, Now First Published,
War Claims of Aliens with Notes on the Acts of the Executives
& Legislative Departments During Our Civil War & a Collection
of Cases Decided in the National Courts. 1864. Tenth edition.
Boston: Little, Brown, and Company, 1864. xvii, 342 pp. Reprinted
2002 by The Lawbook Exchange, Ltd. LCCN 99-049360. ISBN 1-58477-055-4.
Cloth. $80.
*
Whiting's writings are widely believed to have profoundly affected
President Lincoln's war actions. In Whiting's legal theories
regarding war powers and the abolition of slavery espoused here
Lincoln found justification for the Emancipation Proclamation, and
the constitutional authority to abolish slavery. Simply stated,
Whiting held that the abolition of slavery is constitutionally
appropriate when viewed not as the objective end of the war, but as
a means to end the rebellion in order to save the republic. His
writing style was geared to the average reader, and this popular
style, along with the tremendous influence of his writings led to
the work going through 43 editions in less than a decade. This, the
tenth edition is based on his earlier work, The War Powers of the
President and the Legislative Powers of Congress, in Relation to
Rebellion, Treason and Slavery (1862) which is thought to have
been the work that originally brought Whiting to Lincoln's attention
and led to his appointment as Solicitor of the War Department. This
edition includes various unpublished sensitive documents that he
handled in the course of that position.
Whitmore,
William H, Editor.
A Bibliographical Sketch of the Laws of the Massachusetts Colony
from 1630 to 1686. In Which are Included the Body of Liberties
of 1641, and the Records of the Court of Assistants, 1641-1644.
Arranged to Accompany the Reprints of the Laws of 1660 and of
1672. Boston: Rockwell and Churchill, Printers, 1890. xliii,
150 pp. Facsimiles. Reprint available August 2006 by The Lawbook
Exchange, Ltd. ISBN 1-58477-629-3. Cloth. $95.
* Whitmore [1836-1900] was an important
Massachusetts antiquarian. As Boston's Record Commissioner and,
later, City Registrar, he produced numerous modern editions of
public records. Two volumes edited under his direction were
Colonial Laws of Massachusetts Reprinted from the Edition of 1672,
With Supplements Through 1686 (1887) and a second volume reprinted
from the edition of 1660, with supplements to 1672 and the Body
of Liberties of 1641 (1889). Whitmore's Bibliographical Sketch
is a companion to these books. Its chapters are "Additions
Made in the Second Printed Edition of the Records of Massachusetts,
And Not Found in the First Editions," "Records of the
Court of Assistants of the Colony of Massachusetts Bay in New
England. From October 28, 1641, Through March 5, 1643-4,"
"The Body of Liberties. 1641. A Fac-simile From the Hutchinson
Manuscript, With a Line-For-Line Printed Version" and a detailed
bibliographic history of the colonial laws.
Whitmore,
William H. The
Law of Adoption in the United States, and Especially in Massachusetts.
Albany: Joel Munsell, 1876. vii, 111 pp. Reprinted 2003 by The
Lawbook Exchange, Ltd. LCCN 2002042757. ISBN 1-58477-344-8. Cloth
$80.
* Reprint
of first and only edition. In 1875 the Massachusetts legislature
considered a proposal to revise the state's adoption laws. Before it
proceeded, however, it commissioned this study from Whitmore to
serve as a reference for the legislators. Written in two parts, the
first contains the texts of laws and related cases from twenty-two
states. He also includes a brief summary of relevant European
statutes. Organized by topic, the second part describes how these
laws compare and differ. Though written for a specific purpose, this
study remains a valuable guide for the scholar of the history of
adoption law or family law to all aspects of American adoption law
during the nineteenth century.
Whitney,
Henry C. Life
on the Circuit with Lincoln. With Sketches of Generals Grant,
Sherman and McClellan, Judge Davis, Leonard Swett, and Other Contemporaries.
Illustrated. Boston: Estes & Lauriat, 1892. viii, 601 pp.
Reprinted 2001 by The Lawbook Exchange, Ltd. ISBN 1-58477-115-1.
Cloth. $110.
*
Fascinating first hand account of Lincoln's life on the Eighth
Circuit from 1854 to 1861, as told by one of his colleagues who
traveled the circuit and tried cases with him. Whitney also
accompanied Lincoln during his campaign, the debates with Douglas,
and the events prior to his nomination. He reminisces about these
events here in an easy style that shows the warmth of his friendship
with Lincoln and illuminates the man behind the scenes in his
portrayal of Lincoln as a politician, Lincoln and slavery, Lincoln
and labor, Lincoln as President.
Wiecek,
William M.
The Guarantee Clause of the U.S. Constitution. Ithaca: Cornell
University Press, [1972]. [xi], 324 pp. 182 pp. Reprinted 2004
by The Lawbook Exchange, Ltd. 1-58477-505-X. Cloth. $95.
* Wiecek,
Congdon Professor of Law and Professor of History at Syracuse
University, offers a comprehensive analysis of the origins and
development of the clause in Article IV, Section 4 that guarantees a
republican form of government to every state of the union. Chapters
are devoted to rebellions against state or national authority,
slavery, reconstruction and two pivotal cases: Luther v. Borden
(1849) and Baker v. Carr (1962).
The
Best Treatise on the Subject of Appellate Advocacy
Wiener,
Frederick Bernays.
Briefing and Arguing Federal Appeals. Washington, D.C.:
BNA Incorporated, 1961. xvi, 506 pp. Reprinted with a new introduction
by Bryan A. Garner. Reprinted 2001 by The Lawbook Exchange, Ltd.
LCCN 2001031682. ISBN-13: 978-1-58477-183-8. ISBN-10: 1-58477-183-6.
Cloth. $85.
* In
addition to his discussion of the importance of appellate advocacy
and a description of the manner in which federal appellate courts
(Supreme Court, U.S. Court of Appeals, and specialized federal
courts) deal with appeals, this important volume provides guidelines
and suggestions for the finer points of writing briefs and appeals
and oral arguments. With a new introduction by Bryan A. Garner,
editor of Black's Law Dictionary, 7th edition. AALS Law Books
Recommended for Libraries List 26, Legal Profession, page 20, "A"
Rated.
Wiener,
Leo. Commentary
to the Germanic Laws and Mediaeval Documents.
Cambridge: Harvard University Press, 1915. lxi, 224 pp. Reprinted
2000 by The Lawbook Exchange, Ltd. ISBN-10: 1-58477-005-8. Cloth.
$60.
*
Examines the structural and semantic development of Germanic laws
based on a detailed evaluation of German mediaeval law documents.
Marke, A Catalogue of the Law Collection at New York University
236.
Williams,
Thomas Walter.
A Compendious and Comprehensive Law Dictionary; Elucidating
the Terms, and General Principles of Law and Equity. London:
Gale and Fenner, 1816. Unpaginated [1022] pp. Reprint available
May 2006 by The Lawbook Exchange, Ltd. With New Introduction by
Bryan Garner. ISBN 1-58477-680-3. Cloth. $125.
* Reprint of the only edition. One
of several English dictionaries published in the early nineteenth
century, Williams's dictionary is notable for its physical size
and broad scope. Williams noted that his aim was to include more
words and shorter definitions by omitting the extraneous detail
that distinguished the work of his predecessors (and, presumably,
his competitors). Williams [1763-1833] was a barrister of the
Inner Temple and was called to the bar, but he didn't have success
as a pleader. He was known instead for his writings. In addition
to his dictionary, he wrote manuals justices of the peace, compiled
abridgments and digests and edited an edition of William Sheppard's
The Precedent of Precedents.
Willis,
John. The Parliamentary
Powers of English Government Departments. Cambridge: Harvard
University Press, 1933. 214 pp. Reprinted 2003 by The Lawbook
Exchange, Ltd. LCCN 2002025940. ISBN-13: 978-1-58477-271-2. ISBN-10:
1-58477-271-9. Cloth. $95.
* A
thorough study of issues relating to legislation enacted by persons
or bodies to whom Parliament has delegated specific powers. "This is
the best book that has yet been published on delegated legislation
in England. It has learning, it is well written, and it possesses
what is still rare in books of law-a graceful power of wit." Harold
Laski, Harvard Law Review 47:1452-1453. Originally published as
Volume IV in the Harvard Studies in Administrative Law series.
Willis,
William. A History
of the Law, The Courts, and The Lawyers of Maine, From Its First
Colonization to the Early Part of the Present Century. Portland,
Bailey & Noyes, 1863. iv, [ii], [v]-viii, [2], [9]-712 pp.
Reprint available July 2006 by The Lawbook Exchange, Ltd. 2005.
ISBN 1-58477-628-5 Cloth. $95.
* Early histories by local lawyers,
such as this one, are often quite valuable because they were written
by people who were steeped in local traditions and had access
to practitioners of the preceding generation, who were invaluable
sources of fact and anecdote about their generation and the generation
that preceded them. Written during the early 1860s, this book
draws on interviews with people who practiced before Maine was
a state and could recall anecdotes from the colonial period. Along
with historical chapters and biographical sketches of such lawyers
as Simon Greenleaf and William B. Sewall, the book has information
about "social usages of the bar," popular law books
and how lawyers from other colonies were treated.
Willoughby,
Westel W. The
Supreme Court of the United States. Its History and Influence
in our Constitutional System. Baltimore: The Johns Hopkins
Press, 1890. 124 pp. Reprinted 2001 by The Lawbook Exchange, Ltd.
LCCN 00-068896. ISBN 1-58477-147-X. Cloth. $60.
* A clear
and compact description of the Supreme Court's function and power,
its origin and development, and its relation to other branches of
government. Useful for the general reader as well as the legal
scholar. Marke, A Catalogue of the Law Collection at New York
University (1953) 175.
Contains Important Early Commentaries
on the U.S. Constitution
Wilson,
James. The Works
of the Honourable James Wilson, L.L.D. Published under
the Direction of Bird Wilson, Esquire. Philadelphia: Lorenzo
Press, 1804. Three volumes. Frontispiece. Reprinted 2005 by The
Lawbook Exchange, Ltd. ISBN 1-58477-405-3. Cloth. $250.
* Reprint of the rare first edition.
Wilson [1742-1798] was one of the most influential delegates to
the Federal Constitutional Convention and one of the six founding
fathers who signed both the Declaration of Independence and the
U.S. Constitution. He was also the principal author of the Pennsylvania
Constitution, a professor of law and an Associate Justice of the
U.S. Supreme Court.
The Works are comprised mostly
of lectures delivered in 1790-1791 at the College of Philadelphia.
They cover several aspects of public and private law, such as
the common law, general principles of the law of nations and the
law of nature, the U.S. Constitution, crime, obligations and property.
The texts of several important speeches given at the Federal Convention
and his rousing oration celebrating Pennsylvania's adoption of
the Constitution on July 4, 1788 are also included. Many of these
pieces are important early commentaries on the Constitution.
Wines,
E.C. Commentaries
on the Laws of the Ancient Hebrews with an Introductory Essay
on Civil Society and Government. New York: G.P. Putnam &
Co., 1853. xvi, 640 pp. Reprinted 2006 by The Lawbook Exchange,
Ltd. ISBN 1-58477-527-0. $95.
* Wines [1806-1879] begins with the
assumption that "next to the birth and mission of Jesus Christ,
the existence and institutions of the Hebrew people are the most
important event in universal history" (Preface, iii). His
exploration of the Hebraic experience finds a senate, commons,
and Chief Magistrate. He stresses the divine origin of these institutions
throughout and stresses their relation to the current social and
legal order. Though marred by faulty history and anachronism the
spirit of his argument was quite appealing to contemporary readers;
among those who expressed their admiration for this work were
Benjamin Butler, Levi Woodbury and William Kent. Wines, an expert
on penology the author of more than a dozen works on legal and
religious subjects, was a Congregational pastor, professor of
ancient languages at Washington College, Pennsylvania, president
of the City University of St. Louis.
Winslow,
Forbes. The
Plea of Insanity, In Criminal Cases. Boston: Charles C. Little
and James Brown, 1843. viii, 111 pp. Reprinted 2005 by The Lawbook
Exchange, Ltd. ISBN 1-58477-511-4. Cloth. $75.
* Reprint of the first American edition.
This treatise was one of the first attempts to outline criteria
through which to determine the legitimacy of an insanity plea.
This issue would be resolved later that year with the establishment
of the McNaghten Rules, which this work undoubtedly influenced,
and which are still applied in England today. Dr. Winslow [1810-1874]
was a member of the Royal College of Surgeons and the father of
Dr. Winslow Lyttleton Forbes, who is best known for his work on
the case of Jack the Ripper.
Wood,
Thomas. An Institute
of the Laws of England; or, The Laws of England in Their Natural
Order, According to Common Use. London: Printed by W. Strahan
and M. Woodfall, 1772. Folio. [ii], x, 657, [40] pp. Reprint available
April 2006 by The Lawbook Exchange, Ltd. Cloth. $250.
* Reprint of the tenth and final edition.
Wood's Institute was the only treatise, until the publication
of Blackstone's Commentaries, to furnish a comprehensive view
of the common law. It was "the most important and the most
popular of his books. It was written, he tells us, to supply the
want of a methodical book on English law, which could be put into
the hands of students in the Inns of Court and the Universities."
Holdsworth, HEL XII:419. Blackstone recognized the books considerable
merits. "Upon the whole," he said, "his work is
undoubtedly a valuable performance; and great are the obligations
of the student to him, and his predecessor Finch, for their happy
progress in reducing the elements of law from their former chaos
to a regular methodical science."
Woodbine,
George E. Four
Thirteenth Century Law Tracts. A Thesis Presented to the Faculty
of the Graduate School of Yale University in Candidacy for the
Degree of Doctor of Philosophy. New Haven: Yale University
Press, 1910. vi, 183 pp. Reprinted 1999 by The Lawbook Exchange,
Ltd. LCCN 99-29294. ISBN 1-58477-007-4. Cloth. $50.
*
Following a detailed introduction in English, this important source
contains four tracts in Law French, "the Fet Asaver, a tract on
procedure probably by Hengham; the Cum sit necessarium or Modus
Componendi Brevium, and the Exceptiones ad Cassandum Brevia,
complementary tracts on writs." Holdsworth, Sources and
Literature of English Law 34.
Woolrych,
Humphry William.
Lives of Eminent Serjeants-at-Law of the English Bar. London:
Wm. H. Allen & Co., 1869. Two volumes. Reprinted 2002 by The
Lawbook Exchange, Ltd. LCCN 2001050455. ISBN 1-58477-217-4. Cloth.
$195.
* A
useful collection of legal biographies from the 16th to the 19th
centuries. "The Serjeant at law was formerly a barrister of the
highest order or rank belonging to the serjeant's Inn of Court and
taking social but not professional precedence of king's counsel.
Sergeants at law enjoyed, down to 1845, the exclusive right of
audience as senior counsel in the Court of Common Pleas. The order
has become extinct since 1877." Marke, A Catalogue of the Law
Collection at New York University 153.
Woolrych,
Humphrey W. A
Treatise of the Law of Waters; Including the Law Relating to Rights
in the Sea, and Rights Concerning Rivers, Canals, Dock Companies,
Fisheries, Mills, Watercourses, Etc., with a Note Concerning the
Rights of the Crown to the Land Between High and Low Water Mark.
Philadelphia: T. & J.W. Johnson, 1853. xxvii, 432 pp. Reprinted
2005 by The Lawbook Exchange, Ltd. ISBN-13: 978-1-58477-521-8.
ISBN-10: 1-58477-521-1. Cloth. $95.
* Reprint of the first American edition,
from the second London edition, 1851, to which it is starred.
First published in 1830, A Treatise of the Law of Waters
is a comprehensive work notable for its clear explanation of several
complex areas, such as the law of fisheries. It begins with a
summary of various water rights, then proceeds to consider non-commercial
rights in the seas and rivers, canals, docks, waterworks, fisheries
and water mills. The final chapter addresses watercourses, which
he defines as private rights of water. In all, Woolrych offers
a superb overview of Anglo-American water law as it stood in the
mid-nineteenth century. A prolific and learned scholar, Woolrych
[1795-1871] wrote several treatises and biographies including
Lives of Eminent Serjeants-at-Law, which is available as
a Lawbook Exchange reprint.
Woolsey,
Theodore D. Divorce
and Divorce Legislation, Especially in the United States. New
York: Charles Scribner's Sons, 1882. x, [9]-328 pp. Reprinted
2001 by The Lawbook Exchange, Ltd. ISBN 1-58477-118-6. Cloth.
$75.
* Reprint
of the revised second edition. Woolsey presents his viewpoints on
divorce legislation with extensive statistical support for his view
that, with the exception of the statutes enacted in the state of New
York, the United States courts are careless in their execution of
divorce legislation. He also questions their adherence to
Christianity. His views on the decline of divorce legislation are
supported by a scholarly examination of the roots of divorce law in
Hebrew, Greek and Roman law, the doctrine of divorce as portrayed in
the New Testament and in the Christian Church, and in Europe since
the reformation. First published in 1868, this second edition
revision includes new material in the chapter on divorce legislation
in the United States that brings it up to date at the time of
publication.
Woolsey [1801-1889] was a
theologian, educator and scholar, a professor of classical studies
whose knowledge thereof informs this work. He was also President of
Yale University for twenty-five years during which the University
enjoyed growth and advancement in many areas. See Dictionary of
American Biography X:519-520.
[Worrall,
John and Edward Brooke].
Bibliotheca Legum Angliae. Or, a Catalogue of the Common and
Statute Law Books of This Realm, and Some Others Relating Thereto:
Giving an Account of Their Several Editions, Ancient Printers,
Dates, and Prices, and Wherein They Differ. [With a Supplement
to 1800]. Part I Compiled by John Worrall, Part II and Supplement
Compiled by Edward Brooke. Parts I, II and Supplement bound in
one volume. London: Printed for Edward Brooke, 1788-1800.
[15], 272, [26]; viii, 40, 49-255, [1]; [3], 45, [2] pp. 1788-1800.
Reprinted 1997 by The Lawbook Exchange, Ltd. LCCN 97-12962. ISBN
1-886363-29-3. Cloth. New. $110.
* First
annotated English legal bibliography. John Worrall, believed to be
the first law bookseller, issued the first edition in 1732, and
published numerous editions during his lifetime. Part I is organized
by topic and then alphabetically. Topics include abridgments,
indexes, tables; civil, ecclesiastical, and universal law; common
law, crown law; constitution, crown and Parliament; courts;
dictionaries; trade, navigation; reports; statutes; and Irish and
Scottish law books. Part II is prefaced by a historical account of
English legal literature from the earliest times to the reign of
George III. This
edition consists of a reprint of Parts I and II of the 1788 edition,
and includes the uncommon supplement published in 1800. This edition
continues Worrall's experiment begun in the 1782 edition of
including observations by learned law writers in the annotation to
some entries. This last development marked a positive step of the
bare Bassett style of catalogue, which Worrall had originally
followed and which was to influence future bibliographies. With an
index to each Part. An important, indispensable reference.
Wortman,
Tunis. A Treatise
Concerning Political Enquiry, and the Liberty of the Press.
New York: Printed by George Forman for the Author, 1800. xii,
296 pp. Reprinted 2003 by The Lawbook Exchange, Ltd. ISBN 1-58477-290-5.
Cloth. $95.
* A
logical presentation of his political philosophy promoting freedom
of expression, the work advocates the integral role of government
and a free press in efforts to achieve a society in which freedom of
speech is an inherent right and activity. Published soon after the
first amendment to the Constitution was ratified, the work can be
seen as an evolution of Jefferson's and Madison's proposal of
freedom of speech. Wortman's treatise, however, achieves a moral and
ethical analysis of government and free speech beyond their original
appeal for freedom of the press.
Wortman [d. 1822] was a New York
lawyer, author, newspaper publisher and orator prominent in Tammany
politics. He is also known for his political tracts, one of which,
A Solemn Address to Christians and Patriots, defended
Jefferson against charges of atheism prior to the election of 1800.
Wright,
Andrew. Court-Hand
Restored or, The Student's Assistant in Reading Old Deeds, Charters,
Records, Etc. Neatly Engraved..., Describing the Old Law Hands,
With Their Contractions and Abbreviations. With an Appendix Containing
the Ancient Names of Places in Great Britain and Ireland; An Alphabetical
Table of Ancient Surnames; and a Glossography of Latin Words Found
in the Works of the Most Eminent Lawyers, and Other Ancient Writings,
But Not in Any Modern Dictionaries. London: Reeves and Turner,
1879. xviii, 99 pp. Thirty plates. Reprinted 2006 by The Lawbook
Exchange, Ltd. ISBN-13: 978-1-58477-549-2. ISBN-10: 1-58477-549-1.
Cloth. $125.
* Reprint of the ninth edition, the
final edition with full-size plates. Law-French and Latin were
falling out of use by the time they were finally abolished in
England by statute in 1733. These languages and their conventions
had become esoteric by the time Wright's volume appeared. Written
by a member of the last generation to master them in the course
of his legal education, it was intended to be a kind of Rosetta
stone for the contemporary barrister and scholar. Long a standard
work, this reference went through ten editions by 1912. The ninth
edition is preferred because it has better plates (derived from
copper engravings rather than photostats). It remains an indispensable
guide when consulting early charters, deeds or records.
Wright,
John S. Citizenship
Sovereignty. Chicago: Published for American Citizens, the
True Maintainers of State Sovereignty, 1864. Reprinted 1998 by
The Lawbook Exchange, Ltd. LCCN 98-15940 ISBN 1-886363-55-2. Cloth.
$65.
* Reprint
of the first edition. A long and important argument which defines
and examines the concept of citizenship and its relation to the
sovereignty of this nation and of states. Wright built the first
public school building erected in Chicago, and was a strong and
consistent supporter of public education. Chicago Pre-Fire
Imprints 764.
Wright,
William. Advice
on the Study and Practice of the Law: With Directions for the
Choice of Books. Addressed to Attorneys' Clerks. London: Printed
for Charles Hunter, 1824. x, 248 pp. Reprinted 2003 by The Lawbook
Exchange, Ltd. LCCN 2003053955. ISBN 1-58477-370-7. Cloth. $95.
* Reprint
of the third edition, enlarged. This book was written in the spirit
of earlier guides by Fulbeck, Doderidge and Philips, but with a
particular emphasis on the needs of clerks. It addresses a clerk's
duties, the relationship between clerks and attorneys, ways to work
more effectively and other practical matters. Wright is also
interested in the clerk's intellectual development. To this end he
recommends a rich curriculum of jurisprudential, political,
historical and literary works and encourages the study of old court
hands and Latin. Like his predecessors, Wright dispenses a good deal
of moral advice as well. Equally fascinating and charming, this
treatise offers a rich perspective on English clerks during the age
of Austen, Dickens and Trollope.
Wrightington,
Sydney R. The
Law of Unincorporated Associations and Similar Relations.
Boston: Little, Brown, and Company, 1916. xxvi, 486 pp. Reprinted
2002 by The Lawbook Exchange, Ltd. LCCN 2001045970. ISBN 1-58477-205-0.
Cloth. $140.
* "The
first edition of this book was a pioneer work, and a distinct
service to practitioners. It sought, within the compass of a
moderate-sized volume, to treat comprehensively the law relating to
all kinds of associations, whether or not organized for profit, not
including corporations." Marke, A Catalogue of the Law Collection
at New York University 746. With an appendix of forms.
Yen, Hawkling L.
A Survey of Constitutional Development in China. New York:
Columbia University Press, 1911. 136 pp. Reprinted 2005 by The Lawbook
Exchange, Ltd. ISBN-13: 978-1-58477-479-2. ISBN-10: 1-58477-479-7.
Cloth. $65.
* Published at the beginning of China's
modern era, which followed the creation of the Chinese Republic
in 1911 and the abdication of the last emperor in 1912, Yen reviews
significant turning points in the long history of the nation's constitutional
history. This is complemented by a parallel history of public law.
A student of Charles A. Beard, Yen shares his mentor's sensitivity
to the decisive influence of socio-political factors. The final
chapter, "Movement For a Written Constitution (1905-1910)"
is especially interesting as a sophisticated contemporary account
by Chinese legal historian. Originally published as Volume XL, Number
1 in Columbia's series Studies in History, Economics and Public
Law.
Zane, John Maxcy.
Lincoln The Constitutional Lawyer. Chicago: The Caxton Club,
1932. 92 pp. Reprinted 2003 by The Lawbook Exchange, Ltd. LCCN 2002024325.
ISBN 1-58477-257-3. Cloth. $80.
* Zane
explores the sources of Lincoln's interpretation of the
Constitution, with an emphasis on slavery and civil liberties during
times of national emergency. Two introductory chapters offer an
appreciation of Lincoln's prose style and courtroom technique. John
Maxcy Zane [1863-1937] was a Chicago attorney and the author of
The Story of Law (1927). This edition reprints a volume that was
issued in a limited edition of 300 copies by Chicago's Caxton Club
in 1932.
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