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Gray,
W. Forbes.
Some Old Scots Judges: Anecdotes and Impressions. New York:
E.P. Dutton and Company, 1915. xii, 317 pp. Frontispiece. Thirteen
plates. Reprinted 2005 by The Lawbook Exchange, Ltd. ISBN 1-58477-496-7.
Cloth. $85.
* Gray [1874-1950] draws on "anecdotes
and contemporary testimony" to illuminate the personalities of
Kames, Monboddo, Gardenstone, Braxfield, Hailes, Eskgrove, Balmuto,
Newton, Hermand, Eldin, Jeffrey and Cockburn. As he states in the
preface, he attempts "to show what manner of men those old Scots
jurisconsults were--to present a conspectus of their philosophy of
life. Accordingly, much space is devoted to setting forth their
ideas and ideals, to recording their habits, their daily walk and
conversation, their studies, their recreation, their manner of
comporting themselves in the various relationships of life. In
short, every effort has been made to shed as much light as possible
upon their morals and their manners, their wit and their wisdom"
(vi). A pleasure to read, this book contains a good deal of
information that is not available elsewhere.  
Green,
Thomas Hill. Lectures
on the Principles of Political Obligation. London: Longmans,
Green, and Co., 1895. xxiv, 252 pp. Reprinted 2006 by The Lawbook
Exchange, Ltd. ISBN 1-58477-614-5. Cloth. $80.
* Reprint of the first edition. Roscoe
Pound recommended this book in The Study of American Law for
its discussion of legal rights, powers, liberties, privileges and
liabilities (38). Green [1836-1882], Professor of Moral Philosophy
at Oxford University, was one of the most influential philosophers
of the nineteenth and early twentieth centuries. Lectures on the
Principles of Political Obligations is his most important work.
Its object is to demonstrate, on the basis of his general moral
philosophy, the ethical position of the state, in particular the
extent to which moral authority is justifiable and obedience to law
morally obligatory. Extracted from Volume II of The Works of
Thomas Hill Green (1885) it went on to become a standard
textbook on political theory in Great Britain and the United States.
A durable work, it is still cited today.
Grotius,
Hugo. De Iure
Belli Ac Pacis Libri Tres, In Quibus Ius Naturae Et Gentium, Item
Juris Publici Praecipua Explicantur. Cum Annotatis Auctoris.
Edited by P.C. Molhuysen. Preface by C. Van Vollenhoven. Leiden:
A.W. Sijthoff. 1919. xv, 752 pp. Reprinted 2005 by The Lawbook
Exchange, Ltd. ISBN 1-58477-539-4. Cloth. $150.
* Reprint of the standard critical Latin
edition of Grotius's magnum opus of 1625, which established
the framework of modern international law. Grotius describes the
situations in which war is a valid tool of law enforcement and
outlines the principles of armed combat. Though based on Christian
natural law, Grotius advanced the novel argument that his system
would still be valid if it lacked a divine basis. In this regard he
pointed to the future by moving international law in a secular
direction. A work of painstaking philological research, this edition
is based on the final version edited by the author, which issued
posthumously in 1646. Differences between this edition and those of
1632 and 1642 are noted and the author of each text quotation is
identified with reference to modern editions. A list of Grotius's
citations is also included.
Hall,
Jerome. General
Principles of Criminal Law. Second Edition. Indianapolis:
The Bobbs Merrill Company, [1960]. xii, 642 pp. Reprinted 2005
by The Lawbook Exchange, Ltd. ISBN 1-58477-498-3. Cloth. $125.
* The standard one-volume treatise based
on classic legal-realist principles. As its title suggests, Hall
provides more than a thorough overview of the subject; he analyzes
the principles that comprise its foundations with an emphasis on
their creation and definition by officials. This process is explored
in its chapters on legality, mens rea, harm, causation,
punishment, strict liability, ignorance and mistake, necessity and
coercion, mental disease, intoxication and criminal attempt, as well
as its general chapters on criminology, criminal theory and penal
theory. Acclaimed when its first edition appeared in 1947, it has
been cited regularly ever since.
Hall,
John E. The
Practice and Jurisdiction of the Court of Admiralty: In Three
Parts I. An Historical Examination of the Civil Jurisdiction of
the Court of Admiralty -- II. A Translation of Clerke's Praxis,
with Notes on the Jurisdiction and Practice of the District Courts
-- III. A Collection of Precedents. Baltimore: Geo. Dobbin
and Murphy, 1809. xxviii, iv, [3], 211, [5] pp. Reprinted 2005
by The Lawbook Exchange, Ltd. ISBN-13: 978-1-58477-512-6. ISBN-10:
1-58477-512-2. Cloth. $95.
* Reprint of the first significant
American treatise on admiralty law. A valuable feature of this
scholarly work is its translation of Francis Clerke's Praxis
Supremae Curiae Admiraltatis. First published in London in 1679
and translated into English in 1722, Lord Harwicke described it as
of "unquestionable credit." Hall's translation, the best to that
date, incorporated materials from manuscripts unavailable
previously. In addition, he added a history of Anglo-American
admiralty law, an extended discussion of American admiralty practice
and a useful compendium of relevant cases. Hall [1783-1829] was
editor of The American Law Journal from 1808-1817.
Hamilton,
Alexander, James Madison and John Jay].
The Federalist: A Collection of Essays, Written in Favour of
the New Constitution, As Agreed Upon by the Federal Convention,
September 17, 1787. New-York: J. and A. M'Lean, 1788. Two
volumes. Reprinted 2005 by The Lawbook Exchange, Ltd. ISBN 1-58477-529-7.
Cloth. $195.
* Facsimile reprint of the complete text
of the first edition in two volume. "Most famous and influential
American political work." Howes, U.S.IANA, 1650-1950 H114c.
The views of Hamilton, Madison and Jay expressed in this landmark
work have had a lasting effect on U.S. Constitutional law.
Eighty-five of the essays were almost entirely written by Hamilton
and Madison, and probably only five were written by Jay. Most of the
individual essays appeared under the collective pseudonym "Publius"
in New York newspapers and journals from October 27, 1787 to early
June 1788. The first edition was published anonymously and printed
by the M'Lean brothers, who collected and published the first 36
essays as Volume I in March, 1788, with the final 49 essays in
Volume II in May of the same year, along with the text of the
Constitution. The essays
were intended to encourage ratification of the proposed constitution
by New York State, but were immediately recognized as the most
compelling commentary on the most radical form of government the
world had seen. Hamilton's essays especially express a strong
concern for the rights of property over the natural rights of "life,
liberty and the pursuit of happiness," as outlined by Jefferson in
the Declaration of Independence. Sabin, A Dictionary of Books
Relating to America 23979.
Hantos,
Elemer. The
Magna Carta of the English and of the Hungarian Constitution:
A Comparative View of the Law and Institutions of the Early Middle
Ages. London: Kegan Paul, Trench, Trubner & Co., 1904.
xxxi, 209 pp. Reprinted 2005 by The Lawbook Exchange, Ltd. ISBN-13:
978-1-58477-466-2. ISBN-10: 1-58477-466-5. Cloth. $90.
* The history and contents of the Magna
Carta (1215) and the Bulla Aurea (1222) are remarkably similar, so
much so that the latter document is often called the "Magna Carta of
Hungary." These similarities are remarkable given the differences
between the nobility of England and the Holy Roman Empire. In this
fascinating study Hantos traces Hungary's constitutional development
during the thirteenth and fourteenth centuries. Turning to the laws
and institutions they engendered, Hantos considers examples where
developments were similar or divergent. This study will interest
students of medieval law, comparative law and constitutional
history.
Hardy,
E[rnest] G[eorge], Translator.
Roman Laws and Charters. Translated with Introduction and Notes.
[With] Three Spanish Charters and Other Documents.
With Introduction and Notes. Oxford: Clarendon Press, 1912. v,
159; iv, 159 pp. Reprinted 2005 by The Lawbook Exchange, Ltd.
ISBN 1-58477-517-3. Cloth. $95.
* This important collection source
materials includes the Roman Lex Acilia Repentudarum, Lex
Agraria, Lex Antonia de Termessibus Majoribus, Lex
Municipii Tentini, Lex Rubria de Gallia Cisalpina and the
Lex Julia Municipalis. The three Spanish charters are the
Lex Coloniae Juliae, Lex Municipalis Salpensasa and
Lex Municipalis Malacitana. The Edict of Claudius de Civitate
Ananuroum and the Speech of Claudius on the Gallic Citizens are
also included. Each item is prefaced by a useful introduction that
provides historical and analytical context.
Harno,
Albert J. Legal
Education in the U.S.: A Report Prepared for the Survey of the
Legal Profession. San Francisco: Bancroft-Whitney Company,
1953. v, 211 pp. Reprinted 2004 by The Lawbook Exchange, Ltd.
ISBN 1-58477-441-X. Cloth. $70.
* This concise yet detailed survey
offers an excellent introduction to the history of American legal
education from the colonial era to the 1950s. Its evolutionary
perspective derives from one telling insight: "A social
consciousness of the significance of law to a people is an attribute
of a ripening civilization" (18). In succeeding chapters, Harno
examines "Our English Heritage," "The Formative Period of American
Legal Education," "Early American Law Schools and the Laissez Faire
Period," "The Case Method," "Impact of Professional Organizations,
Criticisms of Modern Legal Education," and "Legal Education-A
Present Appraisement."
Haynes,
Evan. The Selection
and Tenure of Judges. [Newark]: The National Conference of
Judicial Councils, 1944. xix, 308 pp. Reprinted 2005 by the Lawbook
Exchange, Ltd. ISBN 1-58477-483-5. Cloth. $85.
* With an introduction by Roscoe Pound.
Haynes offers a comprehensive overview of the factors that determine
judicial selection in the United States. It is also a useful history
of the subject from the colonial era to 1943. Written with input
from Pound, Haynes offers a sociological analysis enriched with an
impressive body of statistical data. He examines such factors as
class and region affiliation, and whether elected judges are more
liberal than their tenured colleagues. He also compares American
practices to those in Great Britain, Canada, France, Italy, Germany,
Scandinavia and Latin America. Warmly received when it was first
published, it is recommended by Willard Hurst in The Growth of
American Law: The Lawmakers (see p. 454).
Hazlitt,
William, and Henry Philip Roche.
A Manual of the Law of Maritime Warfare, Embodying the Decisions
of Lord Stowell and Other English Judges, and of the American
Courts, and the Opinions of the Most Eminent Jurists: With an
Appendix of the Official Documents and Correspondence in Relation
to the Present War. London: V. & R. Stevens and G.S. Norton,
1854. xvi, 457 pp. Reprint available August 2006 by The Lawbook
Exchange, Ltd. ISBN 1-58477-660-9. Cloth. $110.
* A title in the Lawbook Exchange series
Foundations of the Laws of War. Written to fulfill a need created by
the Crimean War, this book summarizes the principal topics relating
to maritime warfare. Beyond its utility as a guide to this area as
interpreted by the leading naval power of the nineteenth century, it
is historically significant because it is the first English treatise
to draw on American court decisions and the writings of James Kent
and Henry Wheaton.
Henriques,
H.S.Q. Jewish
Marriages and the English Law. London: The Bibliophile Press,
1909. [iv], 59 pp. Reprint available April 2006 by The Lawbook
Exchange, Ltd. ISBN 1-58477-642-0. Cloth. $60.
* Reprint of the sole edition. With
side-notes. An authority on the legal status of English Jews,
Henriques [1866-1925] was the author of The Jews Return to
England (1905), The Jews and the English Law (1908) and
several historical and critical essays. An expanded version of an
essay from the Jewish Quarterly Review, the present work
was intended to be a supplement to his 1908 study. A compact
treatise that analyzes the law and its historical development, it
offers an interesting perspective on English marriage law.
Henriques,
H.S.Q. The
Jews and the English Law. Oxford: Printed by Horace Hart,
At the University Press, 1908. xxvii, 324 pp. Reprint
available May 2006 by The Lawbook Exchange, Ltd. ISBN 1-58477-645-5.Cloth.
$75.
* Reprint of the sole edition. With a
table of statutes and a table of cases. An authority on the legal
status of English Jews, Henriques [1866-1925] was a barrister,
Vinerian Scholar at Oxford and the author of The Jews Return to
England (1905), Jewish Marriages and the English Law
(1909) and several historical and critical essays. The present work
is a legal history of English Jews from the Saxon period to the
early 1900s. Informative and well-written, it is both an excellent
introduction and a handy reference.
Henriques,
H.S.Q. The
Return of the Jews to England: Being a Chapter in the History
of English Law. London: MacMillan and Company, Limited, 1905.
viii, 132 pp. Reprinted 2005 by The Lawbook Exchange, Ltd. ISBN
1-58477-667-6. Cloth. $70.
* It appears that Jews lived in the
Atlantic Isles since the Saxon period. They were joined in 1071 by a
community of French Jews. Though they suffered discrimination, the
English Jews enjoyed a measure of toleration and enjoyed royal
protection. Their situation changed drastically during the reign of
Edward I. After a period of intense persecution they were banished
in 1290. They were not allowed to return until the time of the
Commonwealth and Restoration, when they were gradually readmitted.
Henriques discusses the statutes and cases relating to this period
and reconstructs this complex chapter in English history.
Hildreth,
Richard, Editor. [Campbell, Lord John].
Atrocious Judges: Lives of Judges Infamous as Tools of Tyrants
and Instruments of Oppression. Compiled from the Judicial Biographies
of John Lord Campbell. With an Appendix, Containing the Case of
Passmore Williamson. Edited, with an Introduction. New York
and Auburn: Miller, Orton & Mulligan, 1856. 432 pp. Reprinted
2006 by The Lawbook Exchange, Ltd. ISBN-13: 978-1-58477-540-9.
ISBN-10: 1-58477-540-8. Cloth. $95.
* Compiled in the midst of the American
debates over the extension of slavery into the western territories,
Hildreth's decidedly anti-expansionist views were beset by a
fundamental historical dilemma. On the one hand "it was... by
judicial, far more than by legislative institutions, that among
those progenitors of ours private rights and public liberty were
guarantied" (11). On the other, judges in England, and by inference
those in the United States, were perfectly capable of restricting
the expansion of liberty in service to "petty tyrants" be they
Stuarts or American slaveholders. Drawing from Campbell's Lives
of the Chief Justices and Lives of the Lord Chancellors,
Hildreth highlights judges who served the interests of oppression,
such as Roger Le Brabancon and Robert Wright. The appendix contains
the case of Passmore Williamson, a famed Philadelphia abolitionist
and member of the Underground Railroad, who was prosecuted under the
1850 Fugitive Slave Act. Hildreth [1807-1865] was the author of
The Slave (1836), Despotism in America (1854) and other
popular books on slavery, law and American history.
Hilkey,
Charles J. Legal
Development in Colonial Massachusetts 1630-1686.
New York: Columbia University Press, 1910. 148 pp. Reprinted 2005
by The Lawbook Exchange. ISBN 1-58477-551-3. Cloth. $70.
* Hilkey explores a fascinating aspect
of the early colony's legal system: its denial of the binding force
of English law in favor of an original legal system. Although the
common law played a role, the colonists used it selectively and
combined it with the provisions of the colony's charter, local
statutes and scripture. One of the earliest books on the history of
American law, this pioneering work was originally published in the
series Studies in History, Economics and Public Law edited by the
Political Science Faculty of Columbia University.
The First English-Language
Treatise on the Subject
Hilliard,
Francis. The
Law of Torts, or Private Wrongs. Boston: Little, Brown, and
Company, 1859. Two volumes. xxxviii, 540; xxxvii, 719 pp. Reprinted
2006 by The Lawbook Exchange, Ltd. ISBN-13: 978-1-58477-541-6.
ISBN-10: 1-58477-541-6. Cloth. $195.
* Reprint of the first edition. This was
the first English-language treatise on the subject. As the
Dictionary of American Biography points out, it marked the
"beginning of a revolution in legal thought" because it was the
first to approach torts as a distinct legal category. Before
Hilliard, "practical text-writers...regarded such wrongs as too
divergent in nature for unified treatment and merely discussed some
distinct wrong" (V:53-54). Hilliard [1806-1878], a Harvard-educated
attorney who lived in Boston, was a prolific and distinguished
author of treatises on jurisprudence, real property, contracts,
business law and other subjects.
Holdsworth,
William S., and C.W. Vickers.
The Law of Succession, Testamentary and Intestate. Oxford:
B.H. Blackwell, 1899. xiv, 311 pp. Reprinted 2004 by the Lawbook
Exchange, Ltd. ISBN-13: 978-1-58477-471-6. ISBN-10: 1-58477-471-1.
Cloth. $125.
* Intended as an introductory treatise
for law students, this treatise serves as an excellent introduction
and a useful reference. And as one would expect from a book
co-written by Holdsworth [1871-1944], it goes beyond the law of his
day to analyze its historical development. In addition to a valuable
introductory chapter on the history of succession, the authors
enrich their discussion in the main text with observations on the
ways its principles developed over time in response to particular
conditions. Their functionalist view, which owes much to Maitland's
example, enabled them to create a sophisticated text that avoids the
pitfalls of contemporary formalistic and "scientific" treatises.
Holland,
Sir Thomas Erskine.
The Elements of Jurisprudence. First American from the
Seventh English Edition. St. Paul: West Publishing Co., 1896.
xxix, 384 pp. Reprint available May 2006 by the Lawbook Exchange,
Ltd. ISBN 1-58477-632-3. Cloth. $80.
* As Walker has pointed out, "[this
book] was long a standard work and contributed to the continued
vitality of the Austinian Analytical Jurisprudence in England though
he substituted enforcement by a determinate authority for Austin's
command of the sovereign as the criterion of a law." Holland
[1835-1926] taught philosophy at Oxford before he was called to the
Bar in 1863. After several years in practice he was appointed
Vinerian Reader in English Law and Chichele Professor of
International Law and Diplomacy in 1874. An industrious scholar, he
published several important treatises and was a founder of the
Law Quarterly Review. Walker, Oxford Companion to Law
576.
Holland,
Thomas Erskine.
The Laws of War on Land (Written and Unwritten). Oxford:
Clarendon Press, 1908. viii, 150 pp. Reprint available August
2006 by The Lawbook Exchange, Ltd. ISBN 1-58477-659-5. Cloth.
$70.
* A title in the Lawbook Exchange series
Foundations of the Laws of War. Holland [1835-1926] analyzed the
proceedings of the international conventions held at St. Petersburg
in 1868, Geneva in 1906 and the Hague in 1899 and 1907 and found
they provided enough common material to create a code of land
warfare. He synthesized the texts of these conventions into a code
containing 140 numbered articles divided into five sections. Each
article is annotated with references to the conventions. When a
clear ruling does not exist Holland offers his own based on
precedents derived from internationally recognized authorities such
as Bynkershoek and Lieber. Compact, clearly written and well
organized, this work was a standard authority during the First World
War. Still cited today, it is also a primary source for the study of
the law of land warfare from 1868 to the mid-twentieth century.
Holmes,
Oliver Wendell.
Collected Legal Papers. New York: Harcourt, Brace &
Howe, 1920. [2], 316 pp. Reprinted 2006 by The Lawbook Exchange,
Ltd. ISBN-13: 978-1-58477-611-6. ISBN-10: 1-58477-611-0. Cloth.
$85.
* A valuable compilation, this volume
contains Holmes' most famous speeches and papers from 1885 to 1918.
Its publication in 1920 was an important event in the legal
community, and it was reviewed with great enthusiasm in the major
journals and law reviews. Roscoe Pound offered the finest assessment
in "Judge Holmes's Contributions to the Science of Law," an
essay-review from 1921 that analyzed the place of these writings in
the development of American law from the 1880s to the 1920:
"Rereading them consecutively in their new form and remembering the
dates of their original publication, one can but see that their
author has done more than lead American juristic thought of the
present generation. Above all others he has shaped the methods and
ideas that are characteristic of the present as distinguished from
the immediate past.": Harvard Law Review 34 (1920-1921):449.
Holmes,
Oliver Wendell, Jr.
The Common Law. Boston: Little, Brown, and Company, 1881.
xvi, 422 pp. Reprinted 2005 by The Lawbook Exchange, Ltd. ISBN
1-58477-499-1. Cloth. $85.
* This landmark work, which, according
to Winfield, "blew fresh air into lawyer's minds encrusted with
Blackstone and Kent," was a decisive influence on sociological
jurisprudence, legal realism and the general development of American
law in the twentieth century. Winfield, Chief Sources of
Anglo-American Law 38. Rejecting the reigning positivist ethos
of the nineteenth century, Holmes [1841-1935] proposed that the law
was not a science founded on abstract universal principles but a
body of practices that responded to particular situations. This
functionalist interpretation led to his radical conclusion that law
was not discovered, but invented. This theme is announced in the
famous quote at the beginning of Lecture I: "The life of the law has
not been logic: it has been experience" (1).
Holt,
Francis Ludlow. [Bleecker, Anthony, Editor].
The Law of Libel: In Which is Contained a General History of
This Law in the Ancient Codes, and of Its Introduction, and Successive
Alterations, In the Law of England. Comprehending a Digest of
All the Leading Cases Upon Libels, From the Earliest to the Present
Time. First American, From the Second London Edition, With
References to American Cases. New York: Published by Stephen Gould,
1818 xii, [13]-328 pp. Reprinted 2005 by The Lawbook Exchange,
Ltd. ISBN 1-58477-513-0. Cloth. $95.
* Reprint of the first American edition.
First published in 1812, this was the standard English treatise on
slander and libel in the opening decades of the nineteenth century.
Though it was eventually superseded, it remained an authoritative
history of the subject. With its intelligent discussion of sources
and cases it is just as valuable today. Holt [1780-1844] was a
member of the Inner Temple. Also the author of treatises on nisi
prius, bankruptcy, admiralty law and Parliament, his work was held
in high esteem by Kent.
Holyoake,
George Jacob. The
History of the Last Trial by Jury for Atheism in England: A Fragment
of Autobiography, Submitted for the Perusal of Her Majesty's Attorney-General
and the British Clergy. London: James Watson, 1851. vi, 100
pp. Reprint available January 2006 by the Lawbook Exchange, Ltd.
ISBN 1-58477-553-X. Cloth. $65.
* Holyoake [1817-1906], a notable
free-thinking socialist lecturer and self-described "agitator," was
the last person in England indicted for blasphemy based on remarks
during a debate after one of his speaking engagements. Though
convicted, he emerged the moral victor. As his account of the trial
indicates, he defending his position eloquently. And his stirring
critique of the blasphemy laws did much to undermine their validity
in the popular mind.
Hurd,
John Codman.
The Law of Freedom and Bondage in the United States. Boston:
Little, Brown, 1858. Two volumes. With a new introduction by Paul
Finkelman. Reprint available July 2006 by The Lawbook Exchange,
Ltd. ISBN 1-58477-524-6. Cloth. $350.
* According to the Dictionary of
American Biography, this treatise "on the most exciting topic of
the age has never been excelled" due to its "thorough research,
exhaustive discussion and impartial treatment" (VI:423). It begins
with an early history of bondage and its construction in natural and
positive law, then traces the effect of international law on freedom
and bondage. Turning to the United States, he outlines the evolution
of slavery under English law and the United States Constitution. One
of the book's most striking features is its neutral tone. Though
written on the eve of the American Civil War, it remains loyal to
the tenets of legal positivism and avoids any overt ethical or
political judgments. Hurd [1816-1892], a scholar of independent
means, studied for a year at Yale Law School and spent two years in
a law office before he was admitted to the New York bar. An expert
of civil liberties, he is the author of A Treatise on the Right
of Personal Liberty (1858), which is available as a Lawbook
Exchange reprint.
Jacobsen,
Frederick, J. Laws
of the Sea, With Reference to Maritime Commerce, During Peace
and War. [Translated] from the German by William Frick. Baltimore:
Edward J. Coale, 1818. xxxv, 636 pp. Reprinted 2005 by The Lawbook
Exchange, Ltd. ISBN 1-58477-538-6. Cloth. $150.
* Reprint of the first English-language
edition. Marvin spoke highly of this work in his Legal
Bibliography (1847), noting that few have equaled his wide range
of research and depth of learning (418-419). As late as 1921, G.L.
Canfield, writing in the Michigan Law Review, called this
work "one of the pleasures of the legal bibliophile" that "remain[s]
essential today to a practitioner's library (19:580-582). Jacobsen
[1774-1822], a German jurist, was an internationally recognized
authority on maritime law. First published in 1815, Laws of the
Sea is based on a sixteen-year study of the laws of Italy,
France, Great Britain, Holland, Denmark and Germany. It remains the
most thorough single-volume study of English and continental
maritime law in the early nineteenth century, a turbulent era shaped
by the French Revolution and Napoleon.
Johnson,
George W. Memoirs
of John Selden and Notices of the Political Contest During His
Time. London: Orr and Smith, 1835. viii, 374 pp. Reprint available
May 2006 by the Lawbook Exchange, Ltd. ISBN 1-58477-559-9. Cloth.
$95.
* In this, one of the more successful
attempts to contain the genius and polymath to the confines of
biography, Johnson explores connection between the political tumult
of Selden's time and the activities and writings of one of the
greatest legal minds of that era.
Jones,
Leonard A.
A Treatise on the Law of Liens, Common Law, Statutory, Equitable,
and Maritime. Boston: Houghton, Mifflin and Company, 1894.
Two volumes. xcix, 703; vi, 770 pp. Reprinted 2005 by The Lawbook
Exchange, Ltd. LCCN 2003052764. ISBN 1-58477-360-X. Cloth. $265.
* Reprint of the revised and enlarged
second edition. A lucid guide to a daunting area at a time when it
was experiencing a rapid period of growth. Jones addresses liens
created by recent statute and recent
modifications to maritime liens and common-law liens on personal and
real property. Noting that many new liens established by statute
have never been asserted, and noting that court decisions depend on
them, Jones states the relevant statute laws, often with fascinating
commentary.
Kelsen,
Hans. Pure Theory
of Law. Translation from the Second German Edition by Max
Knight. Berkeley: University of California Press, 1967. x, 356
pp. Reprinted 2005 by The Lawbook Exchange, Ltd. ISBN 1-58477-578-5.
Paperbound. $36.95
* Second revised and enlarged edition, a
complete revision of the first edition published in 1934. A landmark
in the development of modern jurisprudence, the pure theory of law
defines law as a system of coercive norms created by the state that
rests on the validity of a generally accepted Grundnorm, or
basic norm, such as the supremacy of the Constitution. Entirely
self-supporting, it rejects any concept derived from metaphysics,
politics, ethics, sociology, or the natural sciences. Beginning
with the medieval reception of Roman law, traditional jurisprudence
has maintained a dual system of "subjective" law (the rights of a
person) and "objective" law (the system of norms). Throughout
history this dualism has been a useful tool for putting the law in
the service of politics, especially by rulers or dominant political
parties. The pure theory of law destroys this dualism by replacing
it with a unitary system of objective positive law that is insulated
from political manipulation.
Possibly
the most influential jurisprudent of the twentieth century, Hans
Kelsen [1881-1973] was legal adviser to Austria's last emperor and
its first republican government, the founder and permanent advisor
of the Supreme Constitutional Court of Austria, and the author of
Austria's Constitution, which was enacted in 1920, abolished during
the Anschluss, and restored in 1945. The author of more than
forty books on law and legal philosophy, he is best known for this
work and General Theory of Law and State. Also active as a
teacher in Europe and the United States, he was Dean of the Law
Faculty of the University of Vienna and taught at the universities
of Cologne and Prague, the Institute of International Studies in
Geneva, Harvard, Wellesley, the University of California at
Berkeley, and the Naval War College. Also available in cloth.
Kelsen,
Hans. Pure Theory
of Law. Translation from the Second German Edition by Max
Knight. Berkeley: University of California Press, 1967. x, 356
pp. Reprinted 2002 by The Lawbook Exchange, Ltd. ISBN 1-58477-206-9.
Cloth. New. $95.
* The second revised and enlarged
edition, being a completely revised version of the first edition
which was published in 1934. Kelsen [1881-1973], was the author of
more than forty works on law and legal philosophy, and is best known
for this title and General Theory of Law and State. He was
also the author of the Austrian Democratic Constitution, which was
published in 1920, abolished during the Nazi regime, restored in
1945, and in force today. Walker calls Kelsen "possibly the most
influential jurisprudent of the twentieth century." Walker,
Oxford Companion to Law 699.
Kendrick,
Benjamin B. The
Journal of the Joint Committee of Fifteen on Reconstruction. 39th
Congress, 1865-1867. New York: Columbia University Press,
1914. 414 pp. Three plates. Reprinted 2005 by The Lawbook Exchange,
Ltd. ISBN-13: 978-1-58477-443-3. ISBN-10: 1-58477-443-6. Cloth.
$90.
* President Johnson's failure to pursue
an aggressive Reconstruction policy incited Congress to supplant his
authority by establishing the Joint Committee of Fifteen on
Reconstruction, which drafted the Civil Rights Act (1866), the
Reconstruction Act (1867) and the Fourteenth Amendment (1868), which
contains the important and oft-debated "due process" clause. Due to
a series of mishaps the committee's journal was never printed by the
government. Brought home by Senator William Pitt Fessenden, one of
the committee's members, it remained in his family until it was sold
at auction. It was finally acquired by Columbia University, where it
remains today. Kendrick offers the complete text of the journal (166
pages) and an extensive history of the committee's work. Published
originally in the Columbia University series Studies in History,
Economics and Public Law, this work is cited frequently in the
literature on Reconstruction. It is a primary reference, for
example, in Raould Berger's landmark study Government by
Judiciary: The Transformation of the Fourteenth Amendment
(1977).
Kern,
Fritz. Kingship
and Law in the Middle Ages: I. The Divine Right of Kings and the
Right of Resistance in the Early Middle Ages. II. Law and Constitution
in the Middle Ages. Translated with an Introduction by S.B.
Chrimes. New York: Frederick A. Preager Publishers, 1956. xxxi,
214 pp. Reprint available May 2006 by the Lawbook Exchange, Ltd.
ISBN-13: 978-1-58477-570-6. ISBN-10: 1-58477-570-X. Cloth. $80.
* First published in 1914, this is one
of the most important studies of early constitutional law. Kern
[1884-1950] observes that discussions of the state in the ninth,
eleventh and thirteenth centuries invariably asked whose rights were
paramount Were they those of the ruler or the people? Kern locates
the origins of this debate, which has continued to the twentieth
century, in church doctrine and the history of the early German
states. He demonstrates that the interaction of "these two sets of
influences in conflict and alliance prepared the ground for a new
outlook in the relations between the ruler and the ruled, and laid
the foundations both of absolutist and of constitutional theory"
(4).
Kyd,
Stewart. A Treatise
on the Law of Corporations. London: J. Butterworth, 1793-1794.
2 Vols. Reprinted 2006 by The Lawbook Exchange, Ltd. ISBN-13:
978-1-58477-635-2. ISBN-10: 1-58477-635-8. Cloth. $175.
* Reprint of the first edition.
According to Holdsworth, this "remarkably able pioneer treatise" is
one of the most distinguished English law books written during the
eighteenth century. Well arranged and clearly written, it begins
with an introductory chapter that defines different types of
corporations. The following chapters discuss their creation,
relation to the public, institutional constitution, visitation and
dissolution. Thoroughly grounded in the history of the subject, it
cites and discusses every relevant authority from the Year Books to
the author's lifetime. Kyd [d. 1811], a Scottish lawyer, wrote
distinguished treatises on awards and bills of exchange and a
continuation of Comyn's Digest. Holdsworth, A History of
English Law XII:400.
Ladd, William. An Essay on a Congress of Nations for the Adjustment of International Disputes Without Resort to Arms. Reprinted from the Original Edition of 1840 with an Introduction by James Brown Scott. New York: Oxford University Press, 1916. xlviii, 162 pp. Reprint available January 2007 by The Lawbook Exchange, Ltd. Cloth. $85.
* First published in 1840 under the auspices of the American Peace Society, this was the first important statement on the preservation of peace through international mediation published in the United States. It became a central text for American peace organizations and participants in international law conferences, and did much to persuade Americans to accept the idea of an international peace organization. It was also distributed widely in Europe, where it was well-received. Influential into the twentieth century, it was reprinted in 1916 by the Carnegie Endowment for International Peace. Anticipating the creation of the Permanent Court of International Justice and the League of Nations by a good 75 years, Ladd proposed an international "congress with legislative powers" that worked with a court that enforced its laws and settled international disputes. Ladd [1778-1841], a scholar and philanthropist, was the president of the American Peace Society. His essay was a contribution to a collection published by his society entitled Prize Essays on a Congress of Nations, For the Adjustment of International Disputes, And for the Promotion of Universal Peace Without Resort to Arms (1840).
Lang,
Andrew. Sir
George Mackenzie King's Advocate, of Rosehaugh, His Life and Times
1636(?)-1691. London, New York, Bombay, and Calcutta: Longmans,
Green and Co., 1909. xi, 347 pp. Illustrated. Reprinted 2005 by
The Lawbook Exchange, Ltd. ISBN 1-58477-616-1. Cloth. $95.
* Reprint of the standard biography of
MacKenzie. Lord Advocate during the reigns of Charles II and James
II, MacKenzie persecuted Scottish Presbyterians with such zeal that
he was known as "The Bloody MacKenzie." (In many cases, he bent the
law to secure a conviction.) Also an important scholar and author,
he founded the Advocates Library, which is now the National Library
of Scotland. His works include The Laws and Customs of Scotland,
In Matters Criminal (1678), which is available as a Lawbook
Exchange Reprint.
Lang,
Maurice Eugen.
Codification in the British Empire and America. Amsterdam:
H.J. Paris, 1924. [xiv], 204 pp. Reprinted 2005 by The Lawbook
Exchange, Ltd. 2005. ISBN-13: 978-1-58477-620-8. ISBN-10: 1-58477-620-X.
Cloth. $65.
* Lang analyzes efforts made in the
United Kingdom and the United States to replace or modify the common
law with codes since the origins of codification in the nineteenth
century. Lang is especially interested in the tension between
written codes, which are characteristic of continental law, and the
common law, which is grounded in custom. Since its publication in
1924, this book has been cited often in articles dealing with codes
and comparative law.
Langbein, John H.
Prosecuting Crime in the Renaissance: England, Germany, France.
Cambridge: Harvard University Press, 1974. ix, 321 pp. Illustrations.
Reprinted 2005 by The Lawbook Exchange, Ltd. LCCN. ISBN 1-58477-577-7.
Cloth. $95.
* Our present system of criminal
prosecution originated in England in the sixteenth century. Langbein
traces its development, which was at its most intense during the
reign of Queen Mary. He shows how the common law developed a system
of official investigation and prosecution that incorporated the
medieval institution of the jury trial. He places equal emphasis on
the role of the justices of the peace as public prosecutors. The
second half of the book compares the English system with those of
the Holy Roman Empire (Germany) and France. He concludes by refuting
the popular opinion that the English were strongly indebted to
continental models. This work was awarded Cambridge University's
Yorke Prize.
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