 |
Launspach,
Charles, W.L. State
And Family in Early Rome. London: George Bell And Sons, 1908.
xx, 288 pp. Reprinted 2005 by the Lawbook Exchange, Ltd. ISBN-13:
978-1-58477-542-3. ISBN-10: 1-58477-542-4. Cloth. $80.
* Charles W. L. Launspach, barrister and
member of the Inner Temple, argues that in its "infancy and
adolescence" early Rome was "a conscious imitation of the ancient
Gens or ancient Family, that its theory of government was founded
upon the relations existing between kinsmen, and that these again,
were determined by religious notions which later became transformed
through developments with the City and external influences"
(Foreword, v). The early state was neither a democracy nor an
autocracy because its roots were neither purely economic nor
political. When expansion and internal change drew the Roman
commonwealth away from its familial roots, the underlying
assumptions that had bound the state fragmented and the
constitutional order was gradually supplanted by more authoritarian
structures.


Lawrence,
T[homas] J[oseph].
The Society of Nations: Its Past, Present, and Possible Future.
New York: Oxford University Press, 1919. xi, 194 pp. Reprinted
2005 by the Lawbook Exchange, Ltd. ISBN-13: 978-1-158477-562-1.
ISBN-10: 1-58477-562-9. Cloth. New. $75.
* Lawrence [1849-1919] addresses the
possibility of a league of nations, which was a keenly debated topic
when he completed this book in October 1918. He believed that such a
league will come into being because "there is a real Society of
Nations, that...grew up by a gradual process of evolution which can
be followed historically,...and was on the point of developing
certain much needed judicial and legislative organs when the present
war brought about a crisis in its life....": Introduction vi. After
tracing its evolution and explaining how the war was a result of
deviations from its proper path, Lawrence offers a set of proposals
to create a successful league.


Lefroy,
A[ugustus] H.F.
Canada's Federal System: Being a Treatise on Canadian Constitutional
Law. Toronto: Carswell Co., 1913. lxvii, 898 pp. Reprinted
2006 by The Lawbook Exchange, Ltd. ISBN-13 978-1-58477-591-1.
ISBN-10: 1-58477-591-2. Cloth. $150.
* This is a detailed commentary on the
constitution that governed present-day Canada from its creation
under the British North America Act of 1867, which established its
place in the British Empire, to its modernization under the
Constitution Act of 1982, which granted its complete political
independence. The foremost interpreter of the Canadian constitution
in his day, Lefroy [1852-1919] was an important Canadian jurist who
helped to draft several important amendments to Canada's
constitution.


With New Introduction by Samantha Power
Lemkin,
Raphael. Axis
Rule in Occupied Europe: Laws of Occupation, Analysis of Government,
Proposals for Redress. Washington: Carnegie Endowment for
International Peace, Division of International Law, 1944. xxxviii,
674 pp. With a new introduction by Samantha Power, lecturer in
public policy at Harvard's John F. Kennedy School of Government
and author of "A Problem from Hell": America and
the Age of Genocide, winner of the 2003 Pulitzer Prize. Reprinted
2005 by The Lawbook Exchange, Ltd. ISBN 1-58477-576-9. Cloth.
$125.
* A title in The Lawbook Exchange
series, Foundations of the Laws of War, General Editor Joseph
Perkovich. In this pathbreaking study Polish emigre Raphael Lemkin
[1900-1959] coined the term "genocide" and defined it is a subject
of international law. While the term has come to mean the
extermination of a people, Lemkin used it to describe all programs
that sought to increase "Aryan" birthrate while working to
exterminate the social, cultural and economic independence of
non-Germanic peoples. This study was an elaboration of ideas he
first proposed in 1933 in his address to the Fifth International
Conference for the Unification of Penal Law (1933), which argued
that attacks on racial, religious and ethnic groups should be
considered international crimes. Important for the prosecution of
the Nazis, it helped to establish the framework for all subsequent
efforts to punish crimes against humanity.


Levi, Leone. International Law, with Materials for a Code of International Law. New York: D. Appleton and Company, 1888. xii, 346 pp. Reprint available January 2007 by The Lawbook Exchange, Ltd. ISBN-13:978-1-58477-678-9. ISBN-10: 1-58477-678-1. Cloth. $95.
* Reprint of the sole edition. Levi was a noted English jurist and statistician, and one of the pioneers in the field of comparative law. 

Lewis,
Timothy. A Glossary
of Mediaeval Welsh Law, Based Upon the Black Book of Chirk.
Manchester, University Press, 1913. xxi, [1], 304 pp. Reprint
available August 2006 by The Lawbook Exchange, Ltd. ISBN-13: 978-1-58477-644-4.
ISBN-10: 1-58477-644-7. Cloth. $95.
* An excellent reference for students of
early legal sources in the Atlantic isles, this dictionary is based
on an early manuscript of laws in the north Welsh dialect. It
contains an extract from the Welsh text following the definition of
each word. Examples from other texts, included extra-legal ones, are
given as well.


Lieber,
Francis. Instructions
for the Government of Armies of the United States in the Field.
Washington: Government Printing Office, 1898. 51 pp. [With]
Lieber, Francis. Guerilla Parties Considered with Reference
to the Laws and Usages of War. New York: D. Van Nostrand,
1862. 22 pp. With a new introduction by Steve Sheppard. Reprinted
2005 by The Lawbook Exchange, Ltd. ISBN 1-58477-526-2. Cloth.
$60.
* A title in the Lawbook Exchange series
Foundations of the Laws of War, General Editor Joseph Perkovich.
Known officially as General Orders No. 100, Lieber's code (1863) was
the first of its kind. The foundation of the modern international
law of war, it served as the model for several European military
codes and was an important source for the second and fourth Hague
Conventions (1899, 1907). It was an authority during the Nuremberg
and Tokyo war crime trials. Its use by the framers of the 1998 Rome
Treaty, which established the International Criminal Court,
demonstrates its lasting value in our time. Indeed, with only a
handful of modifications it is used by the U.S. Military today. This
edition, printed by the Adjutant General for use in the
Spanish-American War, is unchanged from the original. Our reprint is
enriched with an insightful new preface by Professor Steve Sheppard
of the University of Arkansas School of Law.


[Lieber,
Francis]. Perry, Thomas Sergeant, Editor.
The Life and Letters of Francis Lieber. Boston: James R.
Osgood and Company, 1882. iv, 439 pp. Reprint available July 2006
by the Lawbook Exchange, Ltd. ISBN-13: 978-158477-682-6. ISBN-10:
1-58477-682-X. Cloth. $125.
* Written with the participation of
Lieber's wife, this biography is a compilation of excerpts from
Lieber's letters and journals with connecting biographical sections
by Perry. Though it was superseded in by Frank Freidel's Francis
Lieber, Nineteenth-Century Liberal, which is available as a
Lawbook Exchange Reprint, Perry's study retains certain advantages.
In addition to its input from Lieber's widow the book reprints
excerpts from Lieber's journals and some letters that are not
available elsewhere.


Lincoln,
Charles Z. The
Civil Law and the Church. New York: The Abington Press, [1916].
lii, 951 pp. Reprinted 2005 by The Lawbook Exchange, Ltd. ISBN
1-58477-474-6. Cloth. $165.
* A powerful resource for students of
church-state relations, this book is a detailed compilation of
principal judicial decisions rendered by the courts of Great
Britain, Canada, and the United States that deal with questions
relating to religious matters, religious societies, and civil
matters with religious aspects. Arranged by denomination and topic,
it includes such chapters as "Arbitration," "Bible," "Civil Courts,"
"Deacons," "Jews," "Presbyterian Church," "Salvation Army," "Sunday"
and "Unitarians." With a table of cases and a thorough index.


New York Colonial Laws,
1664-1775: From Bradford to Gaine
[Lincoln,
Charles Z[ebina], Johnson, William H., Northrup, A[nsel] Judd].
The Colonial Laws of New York from the Year 1664 to the Revolution,
Including the Charters to the Duke of York, The Commissions and
Instructions to Colonial Governors, The Duke's Laws, The Laws
of the Dongan and Leisler Assemblies, The Charters of Albany and
New York and the Acts of the Colonial Legislatures from 1691 to
1775 Inclusive. Transmitted to the legislature by the Commissioners
of Statutory Revision, Pursuant to Chapter 125 of the Laws of
1891. Albany: James B. Lyon, 1894. Five volumes. Reprint available
March 2006 by The Lawbook Exchange, Ltd. ISBN-13: 978-1-58477-596-6.
ISBN-10: 1-58477-596-3. $795.
* Reprint of the first edition. With
indexes. An excellent resource for students of colonial law, this is
a complete compilation of New York colonial laws. It contains
complete texts of all acts printed in every compilation from the
1694 edition by Bradford to the 1775 edition by Hugh Gaine. These
texts have been compared and corrected in reference to the original
parchment law-rolls in the state library. This collection provides
unparalleled insights into the colony's legal, political and social
history.


Lingelbach,
W.E. The Merchant
Adventurers of England: Their Laws and Ordinances with Other Documents.
Philadelphia: The Department of History of the University of Pennsylvania,
[1902]. xxxix, 260 pp. Reprinted 2005 by The Lawbook Exchange,
Ltd. ISBN 1-58477-442-8. Cloth. $80.
* With detailed notes and an extensive
introduction. Chartered by the crown in 1474, the Merchant
Adventurers was England's preeminent regulated international trading
company until the early nineteenth century. This source book
collects eighteen substantial documents written between 1407 and
1805, the most important years of the society's history. This group
includes the Charter of 1407, extracts from the Charter of Edward IV
(1462) and the Laws and Ordinances of 1608. Taken together, these
records form one of the most detailed pictures of business
organizations and methods during the later Tudor, the Stuart, and
the early Hanoverian eras.


Littleton, Thomas, Sir. Tomlins, T[homas] E[dlyne], Editor.
Lyttleton, His Treatise of Tenures, in French and English. A
New Edition, Printed From the Most Ancient Copies, And Collated
With the Various Readings of the Cambridge MSS. To Which Are Added
The Ancient Treatise of the Olde Tenures, And the Customs of Kent.
London: S. Sweet, 1841. lv, [1], 727 pp. Reprint available June
2006 by The Lawbook Exchange, Ltd. ISBN-13: 978-1-58477-630-7.
ISBN-10: 1-58477-630-7. Cloth. $135.
* With index.
Parallel text in Law-French and English. Written during the reign
of Edward IV [1442-1483], Littleton's Tenures was much admired for
its learning and style. It is concerned with the doctrines of old
English Common Law regarding the tenures of real estate as well as
issues related to real property. This venerable work, which Coke
called "the ornament of the Common Law, and the most perfect and
absolute work that ever was written in any humane science," is a
considered a landmark because it renounced the principles of Roman
law in favor of a set of guidelines and doctrines drawn from the
Year Books, and when necessary, hypothetical cases. Littleton
[1402-1481] was a King's Serjeant, Judge of Assize and Justice of
the Common Pleas. Tomlins [1804-1872] was a notable legal writer
and antiquarian. His is best known for his Popular-Law
Dictionary (1838). (He is confused sometime with his uncle,
Sir Thomas Edlyne Tomlins, the prolific legal writer and editor of
the later editions of Jacob's Law-Dictionary.) 

Livermore, Samuel. A Treatise on the Law Relative to Principals, Agents, Factors, Auctioneers, and Brokers. Boston: Printed by Thomas B. Wait and Co., 1811. xii, 200 pp. Reprint available April 2007 by The Lawbook Exchange, Ltd. ISBN-13: 978-58477-729-8. ISBN-10: 1-58477-729-X. Cloth. $95.
* Reprint of the sole edition and the first work "of its kind done in America", Cohen 1617. 

Locke,
John [1632-1704].
Two Treatises of Government: In the Former, The False Principles
and Foundation of Sir Robert Filmer, and His Followers, are Detected
and Overthrown. The Later is an Essay Concerning the True
Original, Extent, and End of Civil Government. London: Printed
for Awnsham and John Churchill, 1698. [6], 358 pp. Reprinted 2006
by The Lawbook Exchange, Ltd. ISBN-13: 978-1-58477-602-4. ISBN-10:
1-58477-602-1. Cloth. $85.
* Reprint of the third edition. "[Locke]
has two purposes in view: to refute the doctrine of the divine and
absolute right of the Monarch, as it had been put forward by Robert
Filmer's Patriarcha, and to establish a theory which would
reconcile the liberty of the citizen with political order. (...) The
constructive doctrines which are elaborated in the second treatise
became the basis of social and political philosophy for generations.
Labor is the origin and justification of property; contract or
consent is the ground of government and fixes its limits. Behind
both doctrines lies the idea of the independence of the individual
person. The state of nature knows no government; but in it, as in
political society, men are subject to the moral law, which is the
law of God. Men are born free and equal in rights.": Internet
Encyclopedia of Philosophy.


Lorimer,
James. The
Institutes of the Law of Nations: A Treatise of the Jural Relations
of Separate Political Communities. Edinburgh: William Blackwood
and Sons, 1883, 1884. Two volumes. Reprinted 2005 by the Lawbook
Exchange, Ltd. ISBN 1-58477-516-5. Cloth. $250.
* Lorimer [1818-1890] was Regius
Professor of Public Law at the University of Edinburgh and a founder
of the Institute of International Law. Critical of utilitarianism,
he proposed a system of public international law based on the law of
nature. It is most notable, however, for its elitism, racism and
support of colonialism. Since he believed in a hierarchy of nations
based on cultural attainment, he rejected the principle of comity in
international relations as a sufficient basis for international law.
He used this point to defend the right of "civilized" nations to
ignore the sovereignty of their "primitive" counterparts.
Influential in Europe, this treatise offered a sophisticated
argument that stoked the ambitions of continental imperialists.


Luce,
Robert. Legislative
Principles: The History and Theory of Lawmaking by Representative
Government. Boston: Houghton Mifflin Company, 1930. vi, 667
pp. Reprint available March 2006 by The Lawbook Exchange, Ltd.
ISBN-13: 978-1-58477-543-0. ISBN-10: 1-58477-543-2. Cloth. $125.
* In this remarkable work Luce
[1862-1946] elucidates the often complex relations between
legislatures and the law. He then addresses the nature, origin and
development of law, representative institutions and organic law as
embodied in the U.S. Constitution, constitutional conventions and
statute law. Luce was a member of the Massachusetts General Court,
Lieutenant-Governor and member of Congress. An expert on legislative
government, he was also a member of the Massachusetts Constitutional
Convention of 1917-1919.


Luce,
Robert. Legislative
Problems: Development, Status, and Trend of the Treatment and
Exercise of Lawmaking Powers. Boston: Houghton Mifflin, 1915.
vi, 762 pp. Reprint available March 2006 by The Lawbook Exchange
Ltd. ISBN-13: 978-1-58477-544-7. ISBN-10: 1-58477-544-0. Cloth.
$125.
* Recommended by James Willard Hurst in
The Growth of American Law, this book examines several issues
that relate to the difficulties inherent in establishing and
operating legislatures in republican systems including the
separation of powers, judges as legislators, the veto power, the
rise of the executive, the budget, and administrative legislation.
Luce was a member of the Massachusetts General Court,
Lieutenant-Governor and member of Congress. An expert of Legislative
Government, he was also a member of the Massachusetts Constitutional
Convention of 1917-1919. Hurst, The Growth of American Law
(1950) 451.


Mackenzie,
Sir George. The
Laws and Customes of Scotland, in Matters Criminal. Wherein is
to be Seen How the Civil Law and the Laws and Customs of Other
Nations do Agree with and Supply Ours. Edinburgh: Printed
by George Swintoun, 1678. [xiv], 581 pp. With New (2005)
introduction by James Chalmers, Christopher Gane, and Fiona Leverick.
Reprinted 2005 by The Lawbook Exchange, Ltd. ISBN 1-58477-605-6.
Cloth. $150.
* Reprint of the first edition of one of
the earliest systematic studies of the criminal law. Sir George
MacKenzie of Rosenhugh [1636-1691], "became notable for his
resistance to the pretensions of the Crown, but in 1677, he was made
Lord Advocate and in the next few years prosecuted and persecuted
Covenanters with such zeal as to earn the title 'The Bloody
Mackenzie.' In many cases he strained the law so as to obtain a
conviction.": Walker, Oxford Companion to Law 792. He is also
well-known for having founded the Advocates Library, now the
National Library of Scotland. In contrast to Mackenzie's behavior on
the bench, the Laws and Customes is notably moderate, especially in
the sections dealing with witchcraft.


Madden,
Marie R. Political
Theory and Law in Medieval Spain. New York: Fordham University
Press, 1930. xv, 198 pp. Reprinted 2005 by The Lawbook Exchange,
Ltd. ISBN 1-58477-497-5. Cloth. $80.
* Madden explores political theory and
governmental organization during one of the richest periods of
Spanish history. Along with keen discussions of such important
landmarks as the doctrines of St. Isidore of Seville, the Costumbres
of Tortosa, the Usatges of Barcelona and Las Siete Partidas, Madden
analyzes the influence of Roman law and the administrative machinery
of the king, municipalities and Cortes.


Maitland,
F[rederic] W. Justice
and Police. London: Macmillan and Co., 1885. viii, 176 pp.
Reprinted 2006 by The Lawbook Exchange, Ltd. ISBN 1-58477-584-X.
Cloth. $75.
* Reprint of the first book by Maitland
[1850-1906]. Written for the layman, it is far more than a
traditional overview. By discussing justice and police together
Maitland offers a stimulating definition of his subject as "those
institutions and processes whereby the country's law is enforced"
(Preface). "Maitland's study was characterized by an originality of
approach, a freedom from academic pretension and a simplicity of
style that made it a stimulating and suggestive discussion of the
intricacies of criminal law administration in England during the 1st
quarter of the nineteenth century.": Columbia Law Review
29:847 cited in Marke, A Catalogue of the Law Collection at New
York University (1953) 190.


Malden,
Henry Elliot, Editor.
Magna Carta Commemoration Essays. With a Preface by the
Rt. Hon. Viscount Bryce. [London]: For the Royal Historical Society,
1917. xxxi, 310 pp. Reprinted 2005 by The Lawbook Exchange, Ltd.
ISBN-13: 978-1-58477-436-5. ISBN-10: 1-58477-436-3. Cloth. $80.
* This collection of ten essays in honor
of the 700th anniversary of Magna Carta was commissioned by the
Royal Historical Society in 1915. Its contents include "Clause 39"
by Sir Paul Vinogradoff, "Per Iudicum Parium Vel Per Legem Terrae"
by F.M. Powicke, "Magna Carta and the Common Law" by Charles Howard
McIlwain and "The Influence of Magna Carta on American
Constitutional Development" by H.D. Hazeltine.


Maltby,
Isaac. A Treatise
on Courts Martial and Military Law: Containing an Explanation
of the Principles Which Govern Courts Martial and Courts of Inquiry,
Under the Authority of an Individual State, and of the United
States, in war and peace. The powers and Duties of Individuals
in the Army, Navy, and Militia; and the Punishments to Which They
May be Liable, Respectively, for violations of Duty. The Necessary
Forms for Calling, Assembling, and Organizing Courts Martial,
and All Other Proceedings of Said Courts. Boston: Printed
by Thomas B. Wait and Co., 1813. [viii], 272 pp. Reprinted 2005
by The Lawbook Exchange, Ltd. ISBN 1-58477-508-4. Cloth. $95.
* Reprint of the first edition of an
early American work on military law and courts martial. Based
principally on legal and military American sources, it includes a
series of twenty-two appendices. The first (and most extensive)
contains the American Articles of War adopted in 1806, which outline
the procedures for a court martial. Maltby [1767-1819], a member of
the Massachusetts legislature and a presidential elector, was a
brigadier general of the state militia during the War of 1812.


Mansfield,
Edward D. The
Legal Rights, Liabilities and Duties of Women; With an Introductory
History of Their Legal Condition in the Hebrew, Roman and Feudal
Civil Systems. Including the Law of Marriage and Divorce, The
Social Relations of Husband and Wife, Parent and Child, of Guardian
and Ward, and of Employer and Employed. Salem: Published by
John P. Jewett & Co., 1845. 369 pp. Reprinted 2005 by The
Lawbook Exchange, Ltd. ISBN-13: 978-1-58477-469-3. ISBN-10: 1-58477-469-X.
Cloth. $150.
* Published three years before the
Seneca Falls Convention, this lay guide for women is probably the
first ever published in the United States. It is infused with the
spirit of early feminism. As Mansfield [1801-1880] states in the
preface: "Rights, and the knowledge of rights are no longer hidden
from the masses of men; and why should they be from women?" (6). The
book has four parts. The first is a general history of woman's legal
status from biblical times to the 1840s. The second is an account of
the American woman's civil rights. The third reviews the laws of
property common to both genders. The final section reviews the
rights, liabilities and duties of women in domestic relations.
Mansfield was a Connecticut lawyer who later moved to Cincinnati,
where he became professor of constitutional law and history at
Cincinnati College.


Bryan,
George. The
Imperialism of John Marshall: A Study in Expediency. Boston:
The Stratford Company, 1924. frontis., [viii], iii, 112 pp. Reprinted
2006 by The Lawbook Exchange, Ltd. ISBN-13: 978-1-58477-643-7.
ISBN-10: 1-58477-643-9. Cloth. $60.
* Reprint of the only edition. "[W]e are
glad to welcome from the pen of so distinguished a lawyer a treatise
that will be of very great value to every student of law and history
and an important addition to the library of every discriminating
collector of books.": Virginia Law Register 10 (1924-1925)
463.


Marshall,
John]. Oster, John Edward, Editor. The
Political and Economic Doctrines of John Marshall.
New York: Neale Publishing, 1914. Frontispiece, 369 pp. Reprint
available June 2006 by The Lawbook Exchange, Ltd. 2005. ISBN-13:
978-1-58477-641-3. ISBN-10: 1-58477-641-2. Cloth. $95.
* Reprint of the sole edition. Unlike
his colleague Joseph Story, Marshall [1755-1835] was not interested
in formal scholarship. Devoted entirely to the bench and bar, he had
neither the time nor inclination to write essays or treatises. In
order to locate the principles that guided his juristic thinking,
then, it is necessary to look at other sources. This is Oster's
approach. He assembles a wide selection of letters, speeches,
miscellaneous writings and excerpts from decisions and arranges them
thematically with narrative commentary. A useful guide to Marshall's
ideas, it also has the character of an intellectual biography.


Martin,
John Hill.
Martin's Bench and Bar of Philadelphia; Together With Other Lists
of Persons Appointed to Administer the Laws in the City and County
of Philadelphia, and the Province and Commonwealth of Pennsylvania.
Philadelphia: R. Welsh & Co., 1883. xvi, [5]-326 pp. Reprint
available August 2006 by The Lawbook Exchange, Ltd. ISBN 1-58477-647-1.
Cloth. $95.
* This reprint will be a welcome
addition to bibliographies of Pennsylvania law. A mine of
information, this book lists the holders of every public and private
legal, appointed and elected office from the colonial period to
1883. More than a collection of lists, this book also contains
histories of legal, governmental and political institutions and
bibliographical essays about the Pennsylvania Reports and other
publications. It even includes a great deal of miscellaneous
information, such as a list of the portraits and busts belonging to
the Law Association of Philadelphia.


Matsell,
George W., Compiler.
Vocabulum; Or, The Rogue's Lexicon. Compiled From the Most
Authentic Sources. New York: Published by George W. Matsell
& Co., [1859]. vi, 130 pp. Reprinted 2005 by The Lawbook Exchange,
Ltd. ISBN 1-58477-484-3. Cloth. $95.
* As New York City's Chief of Police and
an owner of the National Police Gazette Matsell [1811-1877]
had an abiding interest in criminal speechways. Although Matsell
compiled this dictionary for his colleagues in law enforcement, he
recognized its value to the linguist. As he notes in the preface,
criminal terms were beginning to enter general usage and appeared
regularly in newspapers, court reports and other publications.
Matsell's compilation includes such entries as "acorn" (a gallows),
"hemp the flat" (choke a fool), "rumbo" (a prison) and "tyburn
blossom" (a young thief). The appendix contains samples of criminal
speech and writing (with translations) and the vocabularies of
gamblers, billiard players, pugilists and stock brokers. Published
just before the Civil War, this dictionary offers a fascinating
glimpse into the American underworld in the first half of the
nineteenth century.


McIlwain,
Charles Howard.
The American Revolution: A Constitutional Interpretation.
New York: The Macmillan Company, 1924. xi, 198 pp. Reprinted 2005
by The Lawbook Exchange. ISBN-13: 978-1-58477-568-3. ISBN-10:
1-58477-568-8. Cloth. $75.
* In this work, which won the 1924
Pulitzer Prize in history, McIlwain argues that the central problem
in the genesis of the American Revolution was the determination of
the exact nature of the British Empire's constitution. "After a
searching examination of a wealth of judicial precedents drawn
largely from Ireland's relations with the English king and
parliament, the author reaches the conclusion that 'there was a bona
fide constitutional issue which preceded the American Revolution,
and from which it in part resulted.' He contends that, strictly from
the legal standpoint, the colonists had a number of good
constitutional precedents to support their position.": Allison, Fay,
[et. al.] A Guide to Historical Literature cited in Marke,
A Catalogue of the Law Collection at New York University (1953)
377.


McIlwain,
Charles Howard.
Constitutionalism: Ancient and Modern. Ithaca: Cornell
University Press, 1940. ix, 162 pp. Reprinted 2005 by The Lawbook
Exchange, Ltd. ISBN 1-58477-550-5. Cloth. $75.
* Reprint of the first edition. Upon
publication The Law Quarterly Review praised this book,
noting that "great learning is manifest in these pages" (cited in
Marke). McIlwain [1871-1968] examines of the rise of
constitutionalism from the "democratic strands" in the works of
Aristotle and Cicero through the transitional moment between the
medieval and the modern eras. He concludes with a discussion of the
forces of despotism that were threatening constitutionally based
individual freedom in the 1930s. One of the twentieth century's most
distinguished scholars of Anglo-American constitutional history,
McIlwain was Eaton Professor of the Science of Government in Harvard
University and the author of The High Court of Parliament and Its
Supremacy (1910) and The American Revolution: A
Constitutional Interpretation (1924). Both of these are
available as Lawbook Exchange reprints.


Millar,
Robert Wyness.
Civil Procedure of the Trial Court in Historical Perspective.
New York: Published by the Law Center of New York University for
the National Conference of Judicial Councils, 1952. xvi, 534 pp.
Reprinted 2005 by The Lawbook Exchange, Ltd. ISBN 1-58477-458-4.
Cloth. $95.
* Reprint of a title from the
Judicial Administration Series published by the National
Conference of Judicial Councils. Millar [1876-1959], a professor at
Northwestern University Law School, was a leading authority on civil
procedure and its history. Written near the end of his career, the
present study is a brilliant summary of his life's work. It
discusses antecedents of the Anglo-American system, the evolution of
procedure and American and English civil procedure in the nineteenth
century. Other chapters discuss the development of specific areas,
such as introduction of the cause, mode of trial and voluntary
dismissal.


Miller,
Elmer I. The
Legislature of the Province of Virginia. Its Internal Development.
New York: The Columbia University Press, 1907. 182 pp. Reprint
available August 2006 by The Lawbook Exchange, Ltd. ISBN 1-58477-504-1.
Cloth. $70.
* Miller offers a fascinating case that
"the Virginia colony was a good illustration of the vigorous
assertion of the Anglo-Saxon spirit of self-rule and adaptation to
environment. The long conflict between government by appointees of a
distant power, and government by representatives chosen by the
people themselves, ending as it did in victory for the people, shows
that among English people in Virginia at least the principle of
representative government was stronger than absolutism." [175].
Tracing the evolution of the colony from its first colonial charters
to the outset of the Revolution, this work is notable both for its
breadth of sources and its quaint, if altogether too common, nod to
the Social Darwinist influences then so evident in the academy.
Originally published in the series Studies in History, Economics and
Public Law published by the Political Science faculty of Columbia
University.


Milton,
John. Areopagitica:
A Speech of Mr. John Milton for the Liberty of Unlicensed Printing,
to the Parliament of England.
With an Introduction by James Russell Lowell. New York: The Grolier
Club, 1890. lvii, 189 pp. Reprint available August 2006 by The
Lawbook Exchange, Ltd. ISBN 1-58477-545-9. Cloth. $80.
* Reprint of the 1890 Grolier Club
edition, which was limited to 325 copies. The victory of Parliament
over Crown during the Civil War prompted many questions including
those regarding the liberty of the press under the new regime. The
Stationers Company, which enjoyed Royal patronage and a monopoly on
printing and bookselling granted by the Crown, petitioned Parliament
for the continuation of its privileges under the new regime. This
was a controversial request because Milton and others resented the
Company's censorship of political and religious publications in the
years before the Civil War. Milton [1608-1674], in what has been
called his "most important" prose, urged Parliament to reject its
petition in the name of intellectual freedom. This edition has a
long introduction by Lowell [1819-1891], the notable poet and
associate of Henry Wadsworth Longfellow, John Greenleaf Whittier and
Oliver Wendell Holmes, Sr.


Minor,
John, Plaintiff.
The Bible in the Public Schools: Arguments in the Case Of John
D. Minor et al. versus The Board of Education of the City of Cincinnati
et al.: Superior Court of Cincinnati. With The Opinions and Decision
of the Court. Cincinnati: Robert Clarke & Co. 1870. 420
pp. [With] The Board of Education of the City of Cincinnati
v. John D. Minor Et. Al. 43 pp. Reprinted 2005 by The Lawbook
Exchange, Ltd. ISBN 1-58477-514-9. Cloth. $95.
* In 1868 the school board of the City
of Cincinnati ended the practice of reading passages of the King
James Bible in classrooms. Immediately challenged in the Superior
Court, the school board's decision was revoked, in part, on the
grounds that the readings were non-sectarian. In a ringing dissent,
Justice Alphonso Taft, the father of William Howard Taft, declared:
"This great principle of equality in the enjoyment of religious
liberty, and the faithful preservation of the rights of each
individual conscience is important in itself, and is essential to
religious peace and temporal prosperity, in any country under a free
government. But in a city and State whose people have been drawn
from the four quarters of the world, with a great diversity of
inherited religious opinions, it is indispensable" (417). The Ohio
Supreme Court overturned on appeal. The latter decision and Taft's
dissent were cited favorably by the U.S. Supreme Court in
Abbington v. Schempp. With a new appendix containing the
decision of the Ohio Supreme Court.


Minor,
Raleigh C.
A Republic of Nations: A Study of the Organization of a Federal
League of Nations. New York: Oxford University Press, 1918.
xxxix, 316 pp. Reprinted 2005 by The Lawbook Exchange, Ltd. ISBN
1-58477-500-9. Cloth. $95.
* Written a year before the Versailles
Conference, this book proposes the formation of a league of nations
modeled on the government of the United States. (Each nation would
be akin to a U.S. state.) Moving from theory to practice, Minor
offers an outline of the league and how it would function. The
appendix contains the texts of the U.S. Constitution and a proposed
constitution of a league of nations in parallel columns. A
stimulating contribution to international law, it is equally
interesting for its thoughts on the U.S. Constitution. Minor
[1869-1923] was a distinguished professor of constitutional and
international law at the University of Virginia.


Mitchell,
William. An
Essay on the Early History of the Law Merchant: Being the Yorke
Prize Essay for 1903. Cambridge: At the University Press,
1904. 176 pp. Reprint available August 2006 by the Lawbook Exchange,
Ltd. ISBN 1-58477-633-1. Cloth. $65.
* With an appendix of source materials.
The winner of the prestigious Yorke Ptize, this essay is still cited
in the literature of commercial and international law. "Mr. Mitchell
has satisfactorily risen to the occasion, and has given us an
interesting study of the early history of that system of universal
practical law which the traders of the Middle Ages recognised as
binding upon them in their international dealings. Customary in its
origin and principles, summary in its jurisdiction and equitable in
its spirit, the Law Merchant has been a potent factor in the
development of the modern commercial law of all the countries of
Europe, and Mr. Mitchell's account of its beginnings is full of
suggestion.": Juridical Review 16 (1904) 446.


Moehlman, Conrad Henry. The American Constitutions and Religion: Religious References in the Charters of the Thirteen Colonies and the Constitutions of the Forty-Eight States. A Source-Book on Church and State in the United States. Berne, Indiana: [Published by the Author], 1938. 142 pp. Reprint available January 2007 by The Lawbook Exchange, Ltd. ISBN-13: 978-1-58477-736-6. ISBN-10: 1-58477-736-2. Cloth. $75.
* Long out of print, this is a handy compilation contains complete passages that provide the context of the religion reference. 

Montesquieu,
Charles-Louis de Secondat, Baron de.
The Spirit of Laws. Translated from the French. With Corrections
and Additions Communicated by the Author. Dublin: Printed for
G. and A. Ewing and G. Faulkner, 1751. 2 Vols. Reprinted 2006
by The Lawbook Exchange, Ltd. ISBN 1-58477-607-2. Cloth. $170.
* Reprint of the first Dublin edition
which followed the first English edition by one year. One of the
landmark works of the eighteenth century, De L'Esprit des Lois
had an immeasurable influence on jurisprudence and political
thought, especially in America. It contained provocative and
wide-ranging ideas on the sociology of law, the separation of
political powers and the need for checks on a powerful executive
office. First published in Geneva in 1748, it remains one of the
most significant studies of political and legal theory ever written.


Moore,
Stuart A. A
History of the Foreshore and The Law Relating Thereto. With A
Hitherto Unpublished Treatise by Lord Hale, Lord Hale's "De
Jure Maris," and Hall's Essay on the Rights of the Crown
in the Sea-Shore. With Notes and an Appendix Relating to Fisheries.
London: Stevens & Haynes, 1888. liv, [1], 984 pp. Reprint
available March 2006 by The Lawbook Exchange, Ltd. ISBN-13: 978-1-58477-592-8.
ISBN-10: 1-58477-592-0. Cloth. $195.
* Reprint of the third edition. This
formidably learned history of riparian rights and fishery law from
765 CE to the late nineteenth century draws on a wide range of
contemporary and historical materials, including a treatise by Sir
Matthew Hale [1609-1676]. Moore [1842-1907] argues that "the theory
of the prima facie title of the Crown is a mere theory of abstract
law, a theory of law 'taken for granted,' based upon an untrue
assumption of a state of facts which might possibly have existed,
but which is really not in accordance with the true state of the
facts relating to the matter, so far as they can at present be
ascertained": Introduction.


Murray,
David. Lawyers'
Merriments. Glasgow: James MacLehose and Sons, 1912. xiv,
302, [2] pp. Frontispiece. Illustrations. Plates. Reprinted 2005
by The Lawbook Exchange, Ltd. Cloth. ISBN 1-58477-625-0. $75.
* Murray surveys literature based on
legal texts written by lawyers for their amusement, and the
amusement of their peers. Much of this genre is humorous; it
includes such forms as law lyrics, whimsical dissertations, reports
in verse and facetious precedents. Other examples, such as proverbs
and memorial verses, have a didactic intent. A final group includes
elegantly written legal works and examples based on literary
conventions. Moving from the textual to the visual, Murray also
considers illustrated law books and legal livres de luxe. An
appealing survey, it is a useful starting point for further research
into this fascinating but little-examined field.


Nasmith,
David. Outline
of Roman History from Romulus to Justinian, (Including Translations
of the Twelve Tables, the Institutes of Gaius, and the Institutes
of Justinian), With Special Reference to the Growth, Development
and Decay of Roman Jurisprudence. London: Butterworth, 1890.
xix, map, 618 pp. Reprinted 2006 by The Lawbook Exchange, Ltd.
ISBN-13: 978-1-58477-612-3. ISBN-10: 1-58477-612-9. Cloth. $125.
* Many students are familiar with the
landmarks of Roman jurisprudence but know little about their
background. This is unfortunate because these texts lose a great
deal of their meaning when they are extracted from their original
social and cultural context. Nasmith's Outline addresses this
problem directly by making "that which is understood as Roman
history go hand in hand with chronological changes in Roman law, and
to furnish the reader and myself with an outline of pegs so arranged
as to enable us easily and accurately to store our future
acquisitions" (vi). Nasmith's tone is utilitarian, but his work is
quite sophisticated. What is more, it is a significant work of
cultural history based on a study of legal institutions.


[New
Jersey]. [Vroom, Garret D.W., and William M. Lanning, Compilers].
General Statutes of New Jersey. Published Under the Authority
of the Legislature, by Virtue of an Act Approved April 4, 1894,
and a Supplement Thereto, Approved March 20, 1895. Jersey
City: Frederick D. Linn & Co., 1896. [With] Luce, Edward
J., Compiler. Table of Statutes Included in The General
Statutes of New Jersey 1703-1895. Newark: Soney & Sage,
1900. With a new introduction by Paul Axel-Lute and new contents.
Three volumes. Reprinted 2005 by The Lawbook Exchange, Ltd. ISBN
1-58477-673-0. Cloth. $995.
* This compilation succeeded the
previous edition of 1877. Two-and-a-half times the size of its
predecessor, it records the greatest increase in public general
legislation between any two consecutive compilations in New Jersey's
history. Its bulk pays witness to the state's rapid growth during
the nineteenth century and its engagement with the forces of
modernity. Such topics as "Usury" and "Militia" in 1877 are
redefined as "Interest" and "National Guard"; new additions include
laws dealing with labor arbitration, civil rights and occupational
safety. Luce's Table of Statutes, an invaluable tool
originally published separately in 1900, is included in Volume I.
Our reprint also has a detailed table of contents, a feature that
was not included in the original work.


[New
Jersey]. Revision
of the Statutes of New Jersey. Published Under the Authority of
the Legislature by Virtue of an Act Approved April 4, 1871.
Trenton: John L. Murphy, 1877. With a New Introduction by Paul
Axel-Lute and Original Material. xii, xxxiii, [1556] pp. Reprinted
2005 by The Lawbook Exchange, Ltd. ISBN 1-58477-674-9. Cloth.
$350.
* The Revision of 1877 satisfied
an 1871 act of the Legislature to "revise, simplify, arrange, and
consolidate" all the general and permanent public statutes of New
Jersey." It is valuable today chiefly as a tool for tracing the
history of legislation. As Axel-Lute observes in his introduction,
"[t]here are nearly seven hundred current sections in New Jersey
Statutes Annotated for which the oldest source cited in the
historical note is the Revision of 1877. To trace these
sections back to earlier sources, the researcher must use marginal
notes and enactment date information in the 1877 work" (iii). In
addition to his informative introduction, Axel-Lute has added a
detailed table of contents, a feature that wasn't included in the
original work.


Nicholls,
Sir George. A
History of the Scotch Poor Law in Connexion with the Condition
of the People. London: John Murray, Albemarle Street, 1856.
x, 288 pp. Reprinted 2005 by The Lawbook Exchange, Ltd. ISBN 1-58477-567-X.
Cloth. $80.
* Reprint of the first and only edition.
Nicholls [1781-1865] was a pioneering poor-law reformer and
administrator. While Great Britain's Poor Law Commissioner he
drafted the Irish Poor-Law Act (1832). One of the first to assert
that relief bred a culture of dependency and a resistance to work,
he advocated the abolition of relief except as a last resort. In
addition to the present study, he wrote A History of the English
Poor Law (1854-1904) 3 vols., and A History of the Irish Poor
Law (1856), both of which are forthcoming (2006) in reprint
editions by The Lawbook Exchange, Ltd. Like his other studies, this
one relates the evolution of poor laws since the medieval era to
economic, social and political history. Notably sophisticated works,
they were held in high regard by Sir Leslie Stephen and F.W.
Maitland.


Nolan,
Michael. A Treatise
of the Laws for the Relief and Settlement of the Poor. London:
Printed by A. Strahan for J. Butterworth, 1805. Two volumes. Reprinted
2005 by The Lawbook Exchange, Ltd. ISBN 1-58477-502-5. Cloth.
$195.
* Nolan [d.1827], a member of Lincoln's
Inn, provides a thorough overview of England's influential poor laws
as they stood during the opening decades of the Industrial
Revolution. Nolan's wide-ranging study includes a history of the
subject and discussions of such topics as property ratability,
work-relief and settlement by marriage. Though critical of its
length and level of detail, Marvin believed this was a treatise
"from which the profession can derive great assistance." It is
valuable today as a contemporary overview and assessment of a
complicated area of English common law. Marvin, Legal
Bibliography, 539.


North,
Roger. A Discourse
on the Study of the Laws. Now Printed From the Original MS. in
the Hargrave Collection. With New Illustrations by a Member of
the Inner Temple.
London: Printed for Charles Baldwyn, 1824. xv, 105 pp. Portrait
frontispiece. Reprinted 2005 by The Lawbook Exchange, Ltd. ISBN
1-58477-668-4. Cloth. $75.
* Reprint of the sole edition. This
classic treatise is an incomparable guide to English legal education
during the last quarter of the seventeenth century. Written at a
time when formal English legal education had reached a low point, it
prescribed a self-directed course of study based on reading,
compiling commonplace books, attending courts, speaking with lawyers
and attending an office or chambers. North [1653-1734], a member of
a powerful political family, was a respected member of the Middle
Temple and an important chronicler of the restoration-era legal
community.


Oppenheim, L[assa Francis
Lawrence]. International
Law: A Treatise. Edited by Ronald F. Roxburgh. London: Longmans,
Green & Co., 1920-1921. Two volumes. xliii, 799; xxviii, 671
pp. Reprinted 2006 by The Lawbook Exchange, Ltd. ISBN 1-58477-609-9.
Cloth. $250.
* Reprint of the third edition.
Oppenheim's major work, first published in 1905-6, and repeatedly
re-edited is "still highly authoritative. According to the Oxford
Companion to Law, "[Oppenheim] was a positivist who found
international law in custom, international decisions and
quasi-legislation" (904). "Oppenheim's treatise...is an outstanding
work on international law not only from the point of view of its
content, scope, authoritativeness and up-to-date character, but from
the point of view of its adaptability and usefulness for the purpose
of study and consultation.": V.R.I, Law Quarterly Review
(1922) 52: 139-140.

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