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Clancy,
James. A Treatise
on the Rights, Duties, and Liabilities of Husband and Wife at
Law and in Equity. First American from the Third London Edition,
with Great Additions. New York: Treadway & Bogert, 1828. Reprinted
2003 by The Lawbook Exchange, Ltd. LCCN 2002034064. ISBN 1-58477-281-6.
Cloth. $150.
* This
popular and useful work went through several English and American
editions, and is instructive of the legal status of marriage at the
time. It examines the equitable rights of husband and wife in their
legal relationship to each other, in terms of personal property,
liability, debts, survivorship, suicide, inheritance, children,
cohabitation, dower, arrest of a married woman, settlement and the
like.  
Clark,
Floyd Barzilia.
The Constitutional Doctrines of Justice Harlan. Baltimore:
The Johns Hopkins Press, 1915. ix, 208 pp. Reprinted 2004 by The
Lawbook Exchange, Ltd. ISBN 1-58477-446-0. Cloth. $70.
* During
his long tenure on the U.S. Supreme Court John Marshall Harlan
[1833-1911] wrote numerous dissenting opinions on everything from
civil rights to the federal income tax. He was said at the time to
suffer from "dissent-ary," but posterity has shown him to be a
liberal born too soon since many aspects of his dissents gained
majorities after his death. We see this most clearly in his
blistering dissents in the Civil Rights Cases (1883) and
Plessy v. Ferguson (1896). On a broader scale, his
interpretation of "due process" contributed to the development of
the incorporation theory during the 1950s and 60s. Viewed as a whole
his emphasis on the social consequences of decisions rather than
their adherence to abstract legal principles pointed the way toward
the work of Pound and Llewellyn. Clark offers an excellent
introduction to Harlan's doctrines regarding civil rights, the
suability of states, impairment of the obligation of contracts,
interstate and foreign commerce, judicial legislation and other
topics that is valuable for its balance of summary and
interpretation. First published in 1915, it continues to be an
essential study of Harlan's judicial beliefs.
Clark,
H.B. Biblical
Law: Being a Text of the Statutes, Ordinances, and Judgments Established
in the Holy Bible - with Many Allusions to Secular Laws - Ancient,
Medieval, and Modern - Documented to the Scriptures, Judicial
Decisions, and Legal Literature. Portland, Ore.: Binfords
& Mort, [1943]. xxiv, 304 pp. Reprinted 2000 by The Lawbook
Exchange, Ltd. LCCN 99-053316. ISBN 1-58477-062-7. Cloth. $75.
*
Systematic presentation of the commandments, precedents and customs
found in the King James Version of the Bible. Following the
organization of a legal text, the work is divided into sections on
General Principles, Political Law, Civil Law, Economics and Welfare,
General Laws, Penal Law, Crimes and Punishment, and Procedure and
Administration of Law.
Cohen,
Edward E. Ancient
Athenian Maritime Courts. Princeton: Princeton University
Press, [1973]. xii, 233 pp. Reprinted 2005 by The Lawbook Exchange,
Ltd. ISBN 1-58477-661-7. Cloth. $85.
* Athens was the dominant maritime power in the West from the eighth to fourth centuries BCE. Athenian preeminence insured that its maritime law was accepted throughout the Mediterranean world. Indeed, its influence outlasted Athens and is the only area of classical Greek law that wasn't replaced entirely by Roman models. Codified during the Roman period in the Rhodian Sea laws, it went on to influence the subsequent development of European commercial and maritime law. Cohen explores the development of Athenian maritime law, the jurisdiction and procedure of the courts and the Athenian principles that have endured to the present day.
Cohen,
Herman. A History
of the English Bar and Attornatus to 1450. London: Sweet &
Maxwell, Limited, 1929. x, 622 pp. Reprinted 2005 by The Lawbook
Exchange, Ltd. ISBN 1-58477-482-7. Cloth. $125.
* A thorough study of the literature dealing with the English legal profession from the Anglo-Saxon era to Fortescue's De Laudibus. Turning to the continent, Cohen supplements the English literature with references to the organization of the legal profession in France, Normandy, Germany and Spain. Holdsworth recommended this book when it was first published, noting that he "collected and arranged valuable materials which will be useful to all historians of English law": Law Quarterly Review 45:398 cited in Marke, A Catalogue of the Law Collection of New York University (1953) 220.
Cohn,
Morris M. An
Introduction to the Study of the Constitution; A Study showing
the Play of Physical and Social Factors in the Creation of Institutional
Law. Baltimore: The Johns Hopkins Press, 1892. xi, 235 pp.
Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN 99-38730. ISBN-13:
978-1-58477-032-9. IABN-10: 1-58477-032-5. Cloth. $50.
* A
systematic study of physical and social factors of United States
society beginning with a discussion of law and sovereignty and its
roots in Roman, German and English legal systems. Cohn traces the
development of group life, cities, slavery and serfdom, the
influence of war, trade, barter, infrastructures, agriculture and
the natural outgrowth of these societal factors into the United
States Constitution as well as law of property, domestic relations,
obligations and procedure.
Coke,
Sir Edward.
The First Part of the Institute of the Laws of England, or, A
commentary upon Littleton. Not the name of the Author only, but
of the Law Itself. Revised and Corrected With Additions of Notes,
References, and Proper Tables, by Francis Hargrave and Charles
Butler, Esqrs. Of Lincoln's Inn, Including also The Notes of Lord
Chief Justice Hale and Lord Chancellor Nottingham; and An Analysis
of Littleton, written by an unknown Hand in 1658-9.
By Charles Butler, Esq. The Eighteenth Edition, Corrected. London,
J. & W.T. Clarke, 1823. Two volumes. ccxvi,[606]; iv, [772]
pp. Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN 99-41675.
ISBN 1-58477-033-3. Cloth. $195.
* Coke's
Institutes are thought to be the first textbooks on the
modern common law. This reprint of the eighteenth edition is among
the editions that Marvin claims are "preferred to the elder
editions, both on account of the convenient reference to notes and
for the excellent index." Marvin 205. "If Bracton first began the
codification of the common law, it was Coke who completed it.... In
the Institutes,... the tradition of the common law from
Bracton to Littleton, whose name Coke's Commentary made
famous, firmly established itself as the basis of the constitution
of the Realm." Printing and the Mind of Man 126.
Coke,
Sir Edward.
The Second Part of the Institutes of the Laws of
England; Containing the Exposition
of Many Ancient and Other Statutes.
London: Printed for W. Clarke and Sons, 1817. [xvi], [1], 746,
[49] pp. Paging irregular; star-paged to 1681 folio edition. Reprinted
2002 by The Lawbook Exchange, Ltd. ISBN 1-58477-200-X. Cloth.
$125.
* Reprint
of the last and best edition with Butler and Hargrave's notes, with
mistakes corrected from the 1681 folio edition. "[Coke's] Commentary
upon the Magna Charta, and particularly on the celebrated 29th
Chapter [on habeas corpus], is deeply interesting to the
lawyers of the present age, as well from the value and dignity of
the text, as the spirit of justice and of civil liberty which
pervades and animates the work." Marvin, Legal Bibliography
(1847) 208.
Coke,
Sir Edward.
The Third Part of the Institutes of the Laws of
England; Concerning High Treason,
and Other Pleas of the Crown and Criminal Causes.
London: Printed for W. Clarke and Sons, 1817. [xii], 244, [21]
pp. Paging irregular; star-paged to 1681 folio edition. Reprinted
2001 by The Lawbook Exchange, Ltd. ISBN 1-58477-201-8. Cloth.
$75.
* Reprint
of the last and best edition with Butler and Hargrave's notes, and
with mistakes corrected from the 1681 folio edition. "Coke's
Third Institutes gives us a Treatise of great learning, and not
unworthy the hand that produced it;... Having run over all criminal
matters, and their legal punishments, he concludes with the nature
of pardons and restitutions; showing how far, in each of these, our
Kings can process alone, and where they want the assistance and
joint power of the Parliaments." Marvin, Legal Bibliography
(1847) 208.
Coke,
Sir Edward.
The Fourth Part of the Institutes of the Laws of
England; Concerning The Jurisdiction
of the Courts.
London: Printed for W. Clarke and Sons, 1817. [xiv], [1], 364,
[49] pp. Paging irregular; star-paged to 1681 folio edition. Reprinted
2002 by The Lawbook Exchange, Ltd. ISBN 1-58477-202-6. Cloth.
$85.
* Reprint
of the last and best edition with Butler and Hargrave's notes, and
with mistakes corrected from the 1681 folio edition. For this
Institute Coke gathered miscellaneous materials that were not in
the first three Institutes, and included translations of
ancient statutes that appeared in the earlier Institutes in
the original Latin or Law French, with notes and references to later
authorities cited by Butler and Hargrave. The Fourth Part
outlines the authority and jurisdictions of the Court of
Star-Chamber, Kings Court, Chancery, the Court of Common Pleas,
Ecclesiastical Courts, Courts of Exchequer, Augmentations,
Admiralty, the Justices Assise, Courts in Universities of Cambridge
and Oxford, Court of the Commissioners Upon the Statute of
Bankrupts, the Marshalsea, the Stannaries, the Eighteen Courts of
the City of London, the Court of Pipowders (concerning Markets and
Fairs), the Courts of the Forest Countries, various ecclesiastical
courts and many more.
With a New Introduction by
Stephen M. Sheppard
Coke,
Sir Edward.
The Reports of Sir Edward Coke, Knt. In Thirteen Parts. A New
Edition, with Additional Notes and References, and with Abstracts
of the Principal Points: The First Three Parts and the Fourth
to Fol. 38a. by John Henry Thomas, Esq. The Rest of the Fourth
and the Remaining Nine Parts by John Farquhar Fraser, Esq.
London: Joseph Butterworth and Son, 1826. Six volumes. With a
new introduction by Stephen M. Sheppard. Reprinted 2002 by The
Lawbook Exchange, Ltd. ISBN 1-58477-239-5. Cloth. New. $595.
* "The
best and last [edition], which has superceded all older ones, is in
English; the whole thirteen Parts in 6 vols. 8vo. London, 1826."
Wallace 194-195. This edition is also noteworthy for the inclusion
of Coke's complete prefaces. Coke [1552-1643] was considered to be
the greatest legal practitioner of his day. Written between 1572 and
1616, The Reports are not reports in the conventional sense
but highly detailed anthologies of precedents organized according to
the cases they consider. In each instance Coke assembled a large
body of cases, outlined their arguments, and explained the reasons
for the judgment, using it as a basis for a statement of general
principles. They are, in effect, a series of treatises on the points
of law adjudged, and not merely notes for citation. Taken together,
The Reports form the most extensive and detailed treatment of
Common Law pleading that had yet appeared. A work of immense
authority, it was often cited as The Reports, there being no
need to mention the author's name. His accounts, especially of
pleadings, were applauded for both their clarity and usefulness as
stylistic models for students. And his selection of cases, cited
frequently in subsequent years, has served as the starting point for
numerous decisions. He also attracted some powerful enemies,
however, principally James I, who was angered by some of his
opinions concerning royal prerogative. Coke's refusal to retract
them and apologize to the King cost him his seat on the Bench. See
Marvin, Legal Bibliography (1847) 209-211, Wallace, The
Reporters (1882) 165-196.
Uncommon English Dictionary with Many Legal Terms
Coles,
Elisha [1640?-1680].
An English Dictionary: Explaining the Difficult Terms That
are Used in Divinity, Husbandry, Physick, Phylosophy, Law, Navigation,
Mathematicks, and Other Arts and Sciences. Containing Many Thousands
of Hard Words (and Proper Names of Places) More Than are in Any
Other English Dictionary or Expositor. Together with the Etymological
Derivation of Them from Their Proper Fountains, Whether Hebrew,
Greek, Latin, French, or Any Other Language. In a Method More
Comprehensive, Than Any That is Extant. London: Printed for
Samuel Crouch, 1676. Unpaginated. Main text printed in triple
columns. Reprinted 2006 by The Lawbook Exchange, Ltd. ISBN-13:
978-1-58477-595-9. ISBN-10: 1-58477-595-5. Cloth. $85.
* Reprint of the first edition. Containing around 25,000 definitions, many of them dealing with legal topics, this was the largest dictionary of its day. An innovative work, it was the first to recognize the importance of slang. In addition, Coles offers lists of dialect and obsolete terms. He also includes the names of market towns and European cities and discusses the proper names and histories of classical figures.
Collier,
Wm. Miller. The
Law of Bankruptcy and the National Bankruptcy Act of 1898. A Treatise
of the Principles and Practice of the Law of Bankruptcy as Embodies
in the New National Bankruptcy Act. Albany, N.Y.: Matthew
Bender, 1899. xxx, 695 pp. Reprinted 2003 by The Lawbook Exchange,
Ltd. ISBN 1-58477-296-4. Cloth. $110.
* Reprint
of the second enlarged edition of perhaps the most authoritative and
comprehensive treatise on the subject. Vanderbilt considers this
book to be one of America's "great textbooks" in which the "history
of American law might well be traced." Now in its revised fifteenth
edition, Collier on Bankruptcy remains a highly-respected
standard authority. Vanderbilt, Men and Measures in the Law
21 cited in Marke, A Catalogue of the Law Collection at New York
University (1953) 442.
Collins,
Charles Wallace.
The Fourteenth Amendment and the States: A Study of the Operation
of the Restraint Clauses of Section One of the Fourteenth Amendment
to the Constitution of the United
States. Boston:
Little, Brown, and Company, 1912. xxi, 220 pp. includes tables
and diagrams. Reprinted 2004 by The Lawbook Exchange, Ltd. ISBN
1-58477-463-0. Cloth. $85.
* Collins
examines the origins of the amendment and the way its scope was
enlarged over time. He argues that it has failed to protect
African-Americans, and that its application in extra-racial matters
has led to excessive litigation and harmful restrictions on the
states. "This book is interesting throughout; but perhaps the most
striking parts are those in which the author gives the figures as to
the number of cases, their nature, and their geographical
distribution.": Harvard Law Review 26:664-665 cited in Marke,
A Catalogue of the Law Collection at New York University
(1953) 408.
Comer,
John Preston. Legislative
Functions of National Administrative Authorities. New York:
Columbia University Press, 1927. 274 pp. Reprinted 2003 by The
Lawbook Exchange, Ltd. LCCN 2002040728. ISBN 1-58477-297-2. Cloth.
$65.
* A
comprehensive examination of the history of administrative
legislation, its constitutional aspects and measures taken to insure
its protection. Reprinted from the series Studies in History,
Economics and Public Law edited by the Columbia University
Department of Political Science.
Commons,
John R. Legal
Foundations of Capitalism. Madison: The University of Wisconsin
Press, 1968. x, 394 pp. Reprinted 2006 by The Lawbook Exchange,
Ltd. ISBN 1-58477-597-1. Cloth. $85.
* One of his most important American studies of labor economics published in the twentieth century, this book outlines an evolutionary and behavioral theory of value based on data drawn from court decisions. Analyzing the meaning of reasonable value as defined by the courts, he finds that the answer is based on a notion of reasonable conduct. Expanding this point to encompass the habits and customs of social life, he shows that court decisions are based on customs that are powerful shaping forces on the economic system. In an early review Wesley Mitchell declared that Commons [1862-1945] carried this "analysis further along his chosen line than any of his predecessors. Into our knowledge of capitalism he has incorporated a great body of new materials which no one else has used adequately.": American Economic Review, XIV (1924) 253.
Comstock,
Alzada. State
Taxation of Personal Incomes. New York: Columbia University
Press, 1921. 247, [12] pp. Reprinted 2005 by The Lawbook Exchange,
Ltd. ISBN-13: 978-1-58477-533-1. ISBN-10: 1-58477-533-5. Cloth.
$85.
* Comstock presents a history of income taxation from the colonial period to the modern era, an assessment of the efficacy of the various systems and a model tax system. More than a survey, it shows how federal and state governments used the elastic nature of income taxes to meet a variety of economic and social needs, which led to an "aggregation of examples of possible income tax methods rather than the development of an American income tax policy.... [N]o two state income taxes are alike, even in their essentials" (11). Originally published in the series Studies in History, Economics and Public Law edited by the Political Science Faculty of Columbia University.
Connor,
Henry G. John
Archibald Campbell: Associate Justice of the Supreme Court 1853-1861.
Boston: Houghton Mifflin Company, 1920. viii, 310 pp. Reprinted
2004 by The Lawbook Exchange, Ltd. ISBN 1-58477-445-2. Cloth.
New. $95.
* An
Alabama attorney raised in Georgia, Campbell [1811-1889] was
appointed to the court by Franklin Pierce. He resigned in 1861 to
join the Confederacy, eventually serving as its Assistant Secretary
of War. He became a successful attorney in New Orleans during
Reconstruction and his eminence brought him before the Supreme Court
many times. In the Slaughterhouse Cases (1873) he argued that the
Due Process Clause of the Fourteenth Amendment prohibited state
encroachment on economic liberty. Although his argument failed in a
5-to-4 decision, the court reversed itself twenty years later. "An
excellent piece of biographical and historical work.": Dictionary
of American Biography 4:352.
Cooley,
Thomas M. The
General Principles of Constitutional Law in the
United States
of America. Boston: Little, Brown, and Company, 1880. xxxix, 376
pp. Reprinted 2001 by The Lawbook Exchange, Ltd. LCCN 00-056301.
ISBN 1-58477-120-8. Cloth. $85.
* Reprint
of the first edition of the leading textbook of its time on the
subject of constitutional law. In this work Cooley "presents briefly
yet comprehensively the general principles of constitutional law as
developed under the American system both national and state."
Cooley,
Thomas McIntyre. A
Treatise on the Constitutional Limitations Which Rest Upon the
Legislative Power of the States of the American Union.
[First Edition]. Boston: Little, Brown, and Co., 1868.
xlvii, 720pp. Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN
99-20589. ISBN 1-886363-92-7. Cloth. $95.
* Reprint
of the first edition. Rogers considers it to be "...the real source
of his [Cooley's] fame. This book originated from the need of
introducing a course on Constitutional Law in the school... The text
was developed as a basis for lectures... His discussion attained
immediate fame and his views and suggestions practically dominated
American Constitutional Law... Like Blackstone, Pomeroy and many
other legal works, the influence of Constitutional Limitations
rests partly upon literary qualities, upon clarity and grace of
unaffected statement.": Rogers, James G., American Bar Leaders
70 cited in Marke, A Catalogue of the Law Collection at New
York University (1953) 396. Referring also to Cooley's
General Principles of Constitutional Law in the United States
(1880), Walker declares that these "...are classics, and he ranks
with Story among the foremost commentators on the Constitution."
Walker,
Oxford Companion
to Law
288. The Lawbook Exchange has also published a reprint of the fifth
and final authorial edition.
Cooley,
Thomas M. A
Treatise on the Constitutional Limitations which Rest Upon the
Legislative Power of the States of the American Union. Boston:
Little, Brown, and Co., 1883. lxxxi, 886 pp. Reprinted 1998 by
The Lawbook Exchange, Ltd. LCCN 98-12730. ISBN 1-886363-53-6.
Cloth. $120.
* Reprint
of the fifth edition, the final authorial edition. This classic
legal commentary on the Constitution examines the construction of
state constitutions and the enactment of laws and "ranks with Story
among the foremost commentators on the Constitution." Walker,
Oxford Companion to Law 288. "The most influential work ever
published on American Constitutional law." Corwin, Constitutional
Revolution 87. Dictionary of American Biography describes
this book as " ...still an indispensable companion for everyone
interested in constitutional problems... The volume is characterized
by clarity of style and perfection of organization; though based on
precedent and authority, it is by no means lacking in philosophic
grasp or wanting in the presentation of fundamental principles of
jurisprudence and of social order. His presentation of
constitutional provisions designed to protect individual liberty was
especially strong and influential.”
Cooley,
Thomas M. A
Treatise on the Law of Taxation Including the Law of Local Assessments.
Chicago: Callaghan and Company, 1886. lxxxviii, 991 pp. Reprinted
2003 by The Lawbook Exchange, Ltd. LCCN 2003054550. ISBN 1-58477-382-0.
Cloth. $150.
* Reprint
of the uncommon second edition of an important work on tax law.
Contents include: Taxes, Their Nature and Kinds; The Nature of the
Power to Tax; Curing Defects in Tax Proceedings; Official Action in
Matters of Taxation; The Construction of Tax Laws; The Sale of Lands
for Upaid Taxes; Taxation by Special Assessment; The Remedies of the
State Against Collectors of Taxes; Local Taxation under Legislative
Compulsion; Enforcing Official Duty under the Tax Laws; The Remedies
for Illegal and Unjust Taxation; and more. Marke, A Catalogue of
the Law Collection at New York University (1953) 834 (cite to
later ed.). Cooley was esteemed as the author of the legal classics
A Treatise on Constitutional Limitations (1868) and
General Principles of Constitutional Law in the United States
(1880).
Cooper,
C[harles] Purton.
An Account of the Most Important Public Records of Great Britain,
and the Publications of the Record Commissioners: Together With
Other Miscellaneous, Historical, and Antiquarian Information.
Compiled From Various Printed Books and Manuscripts. London:
Baldwin and Cradock, 1832. Two Volumes. Reprinted 2004 by The
Lawbook Exchange, Ltd. ISBN 1-58477-390-1. Cloth. $225.
* Cooper
[1793-1873] was a distinguished lawyer and antiquarian. He was a
Fellow of the Royal Society, a Fellow of the Society of Antiquities
and a corresponding member of the royal academies of Lisbon, Munich,
Berlin and Brussels. He was appointed by the Public Records
Commission to locate all significant state records in England,
Scotland, Wales and Ireland, describe their physical condition and
summarize their contents. This extraordinary body of material
includes such landmarks as The Statutes of the Realm, The Exon
Domesday and the Red Book of the Exchequer. Cooper fulfilled this
daunting task with enviable skill. What is more, he added detailed
annotations that discuss the significance, reception history,
provenance and other notable features of each record. Published more
than 170 years ago, this study remains an incomparable guide.
Cooper,
Thomas. A Treatise
on the Law of Libel and the Liberty of the Press; Showing the
Origin, Use, and Abuse of the Law of Libel: With Copious Notes
and References to Authorities in Great Britain and the United
States: As Applicable to Individuals and to Political and Ecclesiastical
Bodies and Principles. New York: G.F. Hopkins & Son, 1830.
xxxviii, 184 pp. Reprinted 2002 by The Lawbook Exchange, Ltd.
ISBN 1-58477-134-8. Cloth. $95.
* Cooper
[1759-1835] was an attorney, chemistry professor and influential
Jeffersonian political pamphleteer who was, according to
Dictionary of American Biography, "one of the first to sow the
seeds of secession." DAB II: 415. His "passionate hostility
to tyranny in any form" (DAB II: 415) is evident in this
commentary on freedom of the press wherein he links the law of libel
to the Sedition Act of 1798. During the six months he spent in
prison for his objection to the Sedition Act he wrote the first
treatise on American bankruptcy laws, The Bankrupt Law of
America, Compared with The Bankrupt Law of England, which was
published in 1801. See Cohen, Bibliography of Early American Law
3445.
Corwin,
Edward. The
Doctrine of Judicial Review: Its Legal and Historical Basis and
Other Essays. Princeton: Princeton University Press, 1914.
ix, 178 pp. Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN
99-32362. ISBN 1-58477-011-2. Cloth. $60.
* Five
essays examine the concept of "judicial review" from a historical
perspective. The term is defined as the power and duty of a court to
disregard ultra vires legislative acts. The essays are
entitled "Marbury v. Madison and the Doctrine of Judicial
Review," "We, the People," "The Peletiah Webster Myth," "The Dred
Scott Decision," "Some Possibilities in the Way of Treaty-Making."
Cottu,
[Charles].
On the Administration of the Criminal Code, in England, and the
Spirit of the English Government. Translated Exclusively for
the Pamphleteer. London: Pam[phleteer], Volume XVI, Number 31,
1820. 152 pp. [With] "M. Cottu, Criminal Law of England,"
Quarterly Review 1820. 18 pp. Reprinted 2004 by The Lawbook Exchange,
Ltd. LCCN 2003044228. ISBN-13: 978-1-58477-383-2. ISBN-10: 1-58477-383-9.
Cloth. $90.
* Reprint
of the first English edition. Cottu [1777?-?] was a counsellor of
the Royal Court of Paris and Secretary-General to the Royal Society
of Prisons. In 1820 he was sent by his government to observe the
English criminal courts. He returned with a vivid description of a
system that had changed little since the days of Coke and Pulton. As
Langbein describes it, "the whole of the criminal trial was expected
to transpire as a lawyer-free contest of amateurs. In cases of
felony..., the prosecution was also not represented by counsel. The
victim of the crime commonly served as the prosecutor. (In homicide
cases, either the victim's kin prosecuted, or the local coroner
stood in.) Just as Blackstone summarized the common law on the cusp
of its transformation by modern capitalism, Cottu described a system
of criminal procedure that was about to be transformed into the
system we recognize today. This work was originally published in the
periodical The Pamphleteer. It was reissued as a book in 1822
with the title, On the Administration of Criminal Justice in
England. Langbein, The Origins of Adversary Criminal Trial
11. (Cottu is noted as one of Langbein's primary sources.) A
contemporary 18-page review of the French edition is appended to
this work.
Cowell,
John. The Interpreter:
Or Booke Containing the Signification of Words: Wherein is Set
Foorth the True Meaning of All, or the Most Part of Such Words
and Termes, as are Mentioned in the Lawe Writers, or Statutes
of This Victorious and Renowned Kingdome, Requiring Any Exposition
or Interpretation. A Worke not Onely Profitable, but Necessary
for Such as Desire Throughly to be Instructed in the Knowledge
of Our Lawes, Statutes, and Other Antiquities. Cambridge:
Printed by John Legate, 1607. Unpaginated. Reprinted 2002 by The
Lawbook Exchange, Ltd. ISBN-13: 978-1-58477-265-1. ISBN-10: 1-58477-265-4.
Cloth. $125.
* Reprint
of the rare first edition. The Interpreter was
considered to be the best law dictionary until Jacob's, and was, and
still is, used by scholars of early English legal texts. Indeed,
Walker describes Cowell [1554-1611] as "reputed the most learned
civilian of his time." But its publication sparked enormous
controversy. At a time when Parliament and crown were vying for
power, the Commons disapproved of Cowell's monarchical orientation,
which was evident in such definitions as "King," "Parliament,"
"Prerogative," "Recoveries" and "Subsidies." When a joint committee
of Lords and Councillors reviewed the work, the ensuing controversy
nearly halted the affairs of government. James I intervened in fear
that his own fiscal interests would not be approved by the
Parliament, and ordered a proclamation that imprisoned Cowell,
suppressed the book and ordered all copies burned by a public
hangman on March 10, 1610. Moreover, The Interpreter
contained a quotation that criticized Littleton's scholarship, which
alienated and enraged Sir Edward Coke. It comes as no surprise that
he was instrumental in the book's suppression and in Cowell's
persecution. Walker, The Oxford Companion to Law 311. Marvin,
Legal Bibliography (1847) 233-4. Catalogue of the Library
of the Law School of Harvard University (1909) I:477. Marke,
Vignettes of Legal History 309-312. Cowley, A Bibliography of
Abridgments, Digest, Dictionariesand Indexes to the Year 1800
106. Sweet and Maxwell, A Legal Bibliography of the British
Commonwealth of Nations I: 7 (18).
Cowel[l],
John [1554-1611].
[Manley, Tho(mas)]. NOMOTHETAS: The Interpreter, Containing
the Genuine Signification of Such Obscure Words and Terms Used
Either in the Common or Statute Laws of this Realm. First Compiled
by the Learned Dr. Cowel, and Now Enlarged from the Collections
of All Others Who Have Written in This Kind. With an Addition
of Many Words Omitted by All Former Writers, and Pertinent to
This Matter, with Their Etymologies as Often as They Occur: As
Also Tenures whether Jocular, or Others Statutes and Records,
Wherein the Alterations are Expressed, and their Agreement or
Dissonancy, with the Law at Present Declared. Whereto is Subjoyned,
An Appendix, containing the Ancient Names of Places Here in England,
Very Necessary for the Use of All Young Students, Who Intend to
Converse with Old Records, Deeds or Charters. The Second Edition,
Wherein Many Errors and Mistakes in the Former are Carefully Corrected.
London: Printed by the Assigns of Richard Atkins Esq; and Sir
Edward Atkins Knight, for H. Twyford, Tho. Buffet, J. Place, and
H. Sawbridge, 1684. Unpaginated. Printed in double columns. 9"
x 12". Reprinted 2004 by The Lawbook Exchange, Ltd. ISBN-13:
978-1-58477-406-8. ISBN-10: 1-58477-406-1. Cloth. $125.
* Reprint
of the fifth edition, the second edited by Manley [1628-1690].
The Interpreter is considered to be the best law dictionary
published before Jacob's A New Law-Dictionary (1729). Though
its significance was recognized almost immediately, it was not
approved by all. At a time when Parliament and crown were vying for
power, the Commons were angered by John Cowell's [1554-1611]
monarchical orientation, which was evident in such definitions as
"King," "Parliament," "Prerogative," "Recoveries," and "Subsidies."
When a joint committee of Lords and Councilors reviewed the work,
the ensuing controversy nearly halted the affairs of government.
James I intervened in fear that his own fiscal interests would not
be approved by Parliament, and ordered a proclamation that
imprisoned Cowell, suppressed the book and ordered all copies burned
by a public hangman on March 10, 1610. Moreover, it contained a
quotation critical of Littleton that angered Coke so much that he
helped to suppress the book and prosecute Cowell. It remained in
use, however, and went through several editions. Later enlarged
editions, such as this one, remain useful to scholars of early
English legal texts.
Coxe,
Brinton. An
Essay On Judicial Power and Unconstitutional Legislation, Being
a Commentary on Parts of the Constitution of the United States.
Philadelphia: Kay and Brother, 1893. xvi, 415 pp. Reprinted
2005 by The Lawbook Exchange Ltd. ISBN-13: 978-1-58477-534-8.
ISBN-10: 1-58477-534-3. Cloth. $95.
* Coxe's main argument is that the "Constitution contains express texts providing for judicial competency to decide questioned legislation to be constitutional or unconstitutional and to hold it valid or void accordingly" (4). There are four subordinate arguments: First, that the framers of the constitution specifically granted the courts the power to hold a law unconstitutional by dint of the Supremacy Clause and by Article III, Section 2 defining judicial power. Second, that documents written before the constitution were influential in framing the text and establishing the idea of judicial review. The third looks at the era before and during the confederation with an eye toward the court's power to rule on constitutionality. The fourth argument finds analogies and precedents in foreign law, including Roman and Canon law.
Crandall,
Samuel B. Treaties,
Their Making and Enforcement. Washington, D.C.: John Bryne
& Co., 1916. xxxii, 663 pp. Reprinted 2005 by The Lawbook
Exchange, Ltd. ISBN 1-58477-492-4. Cloth. $140.
* Reprint of the second edition. Crandall analyzes agency and the right of ratification, the essentials of validity, the reality of consent and the operation of treaties from the date they take effect to their interpretation and termination. It explores treaty-making in the United States in great depth, including treaties made before and during the Articles of Confederation era, and discusses treaty-making in Germany, Great Britain, France, Belgium, Italy, Denmark, Switzerland and other countries. This important treatise was first published in 1904. The second edition is preferable because it is a substantially expanded work.
Cunningham,
T[imothy]. A
New and Complete Law-Dictionary, or, General Abridgment of the
Law: On a More Extensive Plan than any Law-Dictionary Hitherto
Published. Containing not only the Explanation of the Terms but
also the Law itself, Both with Regard to Theory and Practice.
Also the Interpretations of the Words Made Use of in our Ancient
Charters, Chronicles, Histories, Records, and Registers. Together
with such Knowledge as is Necessary to Illustrate the Antiquity
of the Law and our Original Government and Customs in Former Times.
London: J.F. and C. Rivington, 1783. Two volumes, 9" x 14."
Reprinted 2004 by The Lawbook Exchange, Ltd. With a new introduction
by Bryan A. Garner. ISBN 1-58477-274-3. Cloth. $495.
* Third
and final edition. "The first dictionary which aimed at completeness
as regards legal terms only was that of Cunningham..." Hicks,
Materials and Methods of Legal Research. Third Rev. Edition 247.
The author of more than twenty books, Cunningham [1718?-1789] was
one of the most prolific legal writers of the eighteenth century.
Like Jacob, Cunningham aimed to create a dictionary that would give
a complete account of the law. The result is a work that is also an
abridgment, and includes summaries of cases and precedents in equity
and statutes. Along with those of Jacob and Marriot, it was one of
the most popular comprehensive English dictionaries of the period,
and was found in Thomas Jefferson's library. Sowerby, Catalogue
of the Library of Thomas Jefferson 1814. Sweet & Maxwell, A
Legal Bibliography of the British Commonwealth of Nations I:8
(22). Marvin, Legal Bibliography (1847) 245. Holdsworth, A
History of English Law XII:177.
Cunningham,
Timothy. The
History of Our Customs, Aids, Subsidies, National Debts, and Taxes
from William the Conqueror to the Present Year MDCCLXXIII.
Corrected, With Several Improvements Suggested by Sir Charles
Whitworth, Chairman of the Committee of Supply and Ways and Means.
London: Printed for W. Griffin, 1773. [1], 396 pp. Reprinted 2006
by The Lawbook Exchange, Ltd. ISBN-13: 978-1-58477-649-9. ISBN-10:
1-58477-649-8. Cloth. $95.
* Reprint of the second corrected edition. Originally published in 1761, this is one of the first studies of the history of taxation and, apparently, the first history of English taxation. As the title suggests, this book provides a history of taxation from the Domesday Book to 1778. The various taxing acts are summarized and, after the reign of William III, are divided into the categories of customs, excise and inland duties. It is more than a bare chronicle, however. Going beyond lists of titles and summaries of the various taxing acts, it offers extensive commentary on their design and effect.
Curran,
Francis X. Catholics
in Colonial Law.
Chicago: Loyola University Press, [1963]. vii, 129 pp. Reprinted
2003 by The Lawbook Exchange, Ltd. ISBN 1-58477-298-0. Cloth.
$60.
* A
useful collection of annotated source texts concerning the
persecution of Catholics under the laws of the American colonies
from 1607 to 1776. The selections are arranged by period and colony.
Compiled and annotated by a Jesuit scholar.
Curtis,
Benjamin R. A
Memoir of Benjamin Robbins Curtis, LL.D. with some of his Professional
and Miscellaneous Writings. Boston: Little Brown, and Company,
1879. Two volumes. Illustrated. Reprinted 2002 by The Lawbook
Exchange, Ltd. ISBN 1-58477-235-2. Cloth. $175.
* Edited
by his son of the same name [1855-1891], the first volume being a
memoir by his brother, the author George Ticknor Curtis [1812-1894],
the second containing selections from his writings. Benjamin Robbins
Curtis [1809-1874], an eminent Massachusetts jurist, was appointed
to the United States Supreme Court in 1851 where he achieved his
greatest fame in 1857 by his dissenting opinion in the Dred Scott
case. Curtis argued in a lengthy opinion that residence of a slave
with his owner in free territory conferred freedom that the slave
could vindicate on his return to slave territory. He claimed also
that the Court could not try the case because a slave was not
considered a citizen. After resigning his seat after a series of
acrimonious disputes about the case with Chief Justice Taney, he
achieved eminence as an attorney, one who was esteemed for his
dignity, coolness, and clear, logical mind. Indeed, he was
considered one of the leaders of the American Bar, arguing
fifty-four cases before the Supreme Court and eighty before the
supreme court of Massachusetts. The impeachment trial of Andrew
Johnson, in which he served as the president's leading counsel, was
perhaps his finest hour. Many considered his opening statement for
the defense to be his greatest forensic effort. The second volume
consists of reprints of his articles and a selection of his
addresses and judicial statements. See Dictionary of American
Biography 610-611.
Curtis,
George Ticknor and Joseph Culbertson Clayton.
Constitutional History of the United States from their Declaration
of Independence to the Close of the Civil War. New York: Harper
& Brothers, 1889, 1896. Two volumes. xiii, 774; x, 780 pp.
Reprinted 2002 by The Lawbook Exchange, Ltd. LCCN 00-065554. ISBN
1-58477-129-1. Cloth. $250.
* Curtis
[1812-1894] was a prominent New York patent attorney whose interest
in Constitutional matters led to the publication of two works on the
subject. Of this, arguably his most important, DAB praises it
as "...likely to remain standard. This work is the classic treatment
of the Constitution from the Federalist, Websterian point of view."
Dictionary of American Biography II:614. Volume I is a
revised edition of his first, highly-regarded work on the subject,
History of the Origin, Formation, and Adoption of the
Constitution of the United States that was originally published
in 1854 and often cited by the Supreme Court. Volume II was edited
posthumously from the author's notes, covers the period from the
adoption of the Constitution to the close of the Civil War and
includes a substantial appendix. The appendix includes numerous
historical documents such as The Provisional and Final Constitutions
of the Federal States, various anti-slavery tracts published circa
1833, an Analytical Index to the Constitution of the United States
and the Amendments thereto, a Bibliography of the Constitution
compiled and annotated by Paul Leicester Ford in 1896, which
incidentally praises this work: "The two volumes constitute the most
convenient apparatus for the study of the Constitution." Each volume
is thoroughly indexed.
Curtis,
George Ticknor.
A Treatise on the Law of Copyright in Books, Dramatic and Musical
Compositions, Letters and Other Manuscripts, Engravings and Sculpture,
as Enacted and Administered in England and America with some Notices
of the History of Literary Property. Boston: Charles C. Little
and James Brown, 1847. xi, 450 pp. Reprinted 2005 by The Lawbook
Exchange, Ltd. ISBN-13: 978-1-58477-565-2. ISBN-10: 1-58477-565-3.
Cloth. $125.
* Reprint of the first edition of the first comprehensive study of copyright law. A comprehensive and scholarly treatise that considers the history and theory of the subject, it summarizes all of the English and American statute enacted since the Act of Queen Anne of 1709-10, the first formal recognition of a law of literary property separate from the law of censorship. Curtis [1812-1894], an eminent patent attorney, was renowned for his intellect and literary skill. He is also the author of the important Constitutional History of the United States, which is available as a Lawbook Exchange reprint.
Curtis,
George Ticknor.
A Treatise on the Law of Patents for Useful Inventions, as
Enacted and Administered in the United States of America. Fourth
Edition. Boston: Little, Brown and Co., 1873. xxxvii, 749 pp.
Reprinted 2006 by The Lawbook Exchange, Ltd. ISBN 1-58477-580-7.
Cloth. $150.
* Reprint of the fourth and final edition of one of the earliest American treatises on the subject. The Anglo-American tradition of granting patents has often been marked by confusion over their scope and intent. Reflecting, for example, on the fundamental question of whether patents create monopolies, juridical commentators and the bench had come down firmly both in favor and against the idea. Curtis argued that it did not according to the common law. Instead, a patent was a "grant by the government to the author of a new and useful invention, of the exclusive right, for a term of years, of practising that invention" (xxi). Better known for his Federalist interpretation of the Constitution, Curtis [1812-1894] was prominent New York patent attorney and the author of works on admiralty and equity jurisprudence.
Dalton,
Michael. The
Countrey Justice, Conteyning the Practice of the Justices of the
Peace out of their Sessions. Gathered for the Better Helpe of
Such Justices of Peace as Have Not Beene Much Conversant in the
Studie of the Lawes of this Realme. London: Printed for the
Societie of Stationers, 1618. [xi], 370, [xiii] pp. Folio. 9"
x 12." Reprinted 2003 by The Lawbook Exchange, Ltd. LCCN
2002041103. ISBN 1-58477-299-9. Cloth. $150.
* Reprint
of the rare first edition. This venerable early English justice of
the peace manual went through some twenty editions between 1618 and
1746. Rooted in Crompton, Fitzherbert and Lambard, The Countrey
Justice offers advice on such matters as customs, highways,
prisons, riots, soldiers, murder, felonies, rogues and vagabonds,
wool, and high treason. It is also noteworthy for originating an
alphabetically arranged topical structure which was adopted in later
texts.
Damhouder,
Josse (Joost) de.
Praxis Rerum Criminalium: Praetoribus, Propraetoribus, Consulibus,
Proconsulibus, Magistratibus, Reliquisque id Genus Iustitiariis
[Justitiariis] ac Officiaiis, Apprime Utilis & Necessaria.
Antwerp: Ioan Belleri, 1601. xii, 637 pp. Reprinted 2005 by The
Lawbook Exchange, Ltd. ISBN 1-58477-560-2. Cloth. $150.
* Reprint of the definitive revised edition. First published in 1554, this was the first comprehensive study of criminal procedure published in northern Europe. A synthetic work drawn mostly from Roman-Dutch sources, it was based on Philip Wielant's Practycke Crimineele (1439-1519) and other earlier treatises. Published in Latin, Dutch and French, it was standard authority throughout the continent for many years. This Dutch edition from 1601 is illustrated throughout with woodcuts depicting adultery, murder, theft and many other crimes. Damhouder [1507-1581] was an advisor to the Duke of Burgandy and a prolific author of legal and religious treatises. This edition published in conjunction with Damhouder's Sententiae Selectae Pertinentes ad Materiam Praxios Rerum Criminalium (1601), which is available as a Lawbook Exchange, Ltd. reprint.
Damhouder,
Josse De. Sententiae
Selectae Pertinentes ad Materiam Praxis Rerum Criminalium
et Aliarum Partium Iuris Scientiarumque; Ex Variis Authoribus
in Classes Ordine Alphabetico Dictionum Digestae. Antwerp:
Ioan Belleri, 1601. pp. [xii], 192 pp. Reprinted 2005 by The Lawbook
Exchange Ltd. ISBN 1-58477-535-1. Cloth. $90.
* Published posthumously, this book is a useful appendix to the definitive 1601 edition of his Praxis Rerum Criminalium, which is available as a Lawbook Exchange, Ltd. reprint. Positioned between a dictionary and a compendium of authorities, it contains an alphabetical list of topics and corresponding definitions drawn from Roman, canon, and biblical law sources and commentators, along with citations. Damhouder [1507-1581] studied law at Louvain and was Paymaster General to Charles V and then Philip II for the Spanish occupation troops in the Low Countries.
Darrow,
Clarence and William J. Bryan. The
World's Most Famous Court Trial. Tennessee Evolution Case. A Complete
Stenographic Report of the Famous Court Test of the Anti-Evolution
Act, at Dayton July 10 to 21, 1925, Including Speeches and Arguments
of Attorneys. Cincinnati:
National Book Company, [1925]. [4], 339 pp. Reprinted 1997 by
The Lawbook Exchange, Ltd. LCCN 97-38485. ISBN 1-886363-31-5.
Cloth. $75.
*
Complete transcript of the celebrated "monkey trial," the case of
the State of Tennessee vs. John Thomas Scopes, a 24-year old high
school teacher accused of violating a recently enacted state law
that banned the teaching of Charles Darwin's theory of evolution.
Perhaps the first modern media event, the trial attracted enormous
national and international attention. A star-studded cast of trial
attorneys included the great orator and three time Democratic
presidential candidate William Jennings Bryan and the brilliant
trial lawyer and champion of the downtrodden, Clarence Darrow, among
others. The climax of the trial came on the seventh day when the
defense put the senior Bryan on the stand as an expert on the Bible
and he was ruthlessly interrogated by Darrow. As a milestone in the
American struggle between modernity and the forces of Protestant
fundamentalism, and a vivid manifestation of the clash between two
valid principles, academic freedom and democratic control of the
public schools, the Scopes case has tremendous historical
significance. This edition also includes statements by scientists
entered at the defense's request, and the text of a lengthy
concluding speech that Bryan prepared but never delivered.
Darrow,
Clarence. A
Persian Pearl. And Other Essays. East Aurora, NY: The Roycroft
Shop, 1899. 175 pp. Reprinted 1997 by The Lawbook Exchange, Ltd.
LCCN 97-5174. ISBN 1-886363-27-7. Cloth. $60.
* Reprint
of the first edition, which was printed by Elbert Hubbard at the
Roycroft Shop in an edition of 980 copies. Darrow's first book is
rare and the cornerstone of any Darrow collection. It was preceded
by only a few newspaper and periodical contributions and by two or
three pamphlets. It consists of five essays, the title essay
treating the Rubaiyat of Omar Khayam, with others on
philosophical matters, Walt Whitman, realism in art and literature,
and Robert Burns.
Darrow,
Clarence S. An
Eye for an Eye. New York: Fox Duffield & Company, 1905.
213 pp. Reprinted 1996 by The Lawbook Exchange, Ltd. LCCN 99-047232.
ISBN 1-886363-07-2. Cloth. $55.
* An
Eye for an Eye was Darrow's only fictional work, aside from his
autobiographical novel, Farmington, published in 1904. It
tells the story of Jim Jackson, who struggles with poverty and harsh
circumstances, before finally murdering his wife in a fit of rage.
Faced with the gallows, Jackson confesses: "If ther'd been forty
scaffolds right before my eyes, I'd have brought down the poker just
the same." Darrow's novel is a sociological polemic which
foreshadows such later works as Theodore Dreiser's An American
Tragedy and Upton Sinclair's The Jungle. Abe Ravitz in
his Clarence Darrow and the American Literary Tradition
(1962) observed that An Eye for an Eye was worthy of a trophy
not only for sociological veracity but also for genuine literary
achievement.
Daube,
David. Studies
in Biblical Law. Cambridge: At the University Press, 1947.
viii, 328 pp. Reprinted 2004 by The Lawbook Exchange, Ltd. ISBN
1-58477-431-2. Cloth. $85.
* Daube
[1909-1999], a formidably learned scholar who held doctorates in
biblical law and Roman law, was Regius Professor of Civil Law at
Cambridge and a Professor of Law at the University of California,
Berkeley. An orthodox Jew, he received a thorough education in
Hebrew, Aramaic and Talmudic law. This book collects five of his
more important essays: "Law in the Narratives," "Codes and Codas," "Lex
Talionis," "Communal Responsibility" and "Summum Ius-Summa
Iniuria."
Davenport,
Frances Gardiner, Editor.
European Treaties Bearing on the History of the United States
and Its Dependencies. Washington, D.C.: Published by the Carnegie
Institution of Washington, 1917-1937. Four volumes. Reprinted
2004 by The Lawbook Exchange, Ltd. ISBN 1-58477-422-3. Cloth.
$395.
* Volume
I: to 1648, Volume II: 1650-1697, Volume III: 1698-1715, Volume IV
(edited posthumously by Oscar Charles Paullin): 1716-1815. This
valuable compilation contains treaties and papal bulls dealing with
colonial matters. Although they are fundamental documents for the
study of early American history, they are not widely available in
print form. Containing 203 treaties with historical introductions
and extensive bibliographical notes, this book does much to remedy
this situation. With the exception of those written in French, the
treaties are printed with parallel translations. Each volume
contains a thorough index. "[This work is] of the greatest value to
the student of America as a factor in European diplomacy, or of
European diplomacy as a factor in American history.": Bemis,
Guide to the Diplomatic History of the United States, 1775-1921
823-823 cited in Marke, A Catalogue of the Law Collection of New
York University (1953) 587.
Davis,
C.K. The Law
in Shakespeare. Washington, D.C.: Washington Law Book Co.,
[1883]. 303 pp. Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN
98-32333. ISBN 1-886363-75-7. Cloth. $60.
*
Definitions obtained from existing law dictionaries illustrated with
annotations and, most important, by hundreds of quotations from
Shakespeare's 37 plays, poems & sonnets. "A fascinating course in
Common Law." Marke, A Catalogue of the Law Collection at New York
University (1953) 1141.
Davis,
George B. A
Treatise on the Military Law of the United States: Together with
the Practice and Procedure of Courts-Martial and Other Military
Tribunals. Third Edition, Revised. New York: John Wiley &
Sons, 1915. xv, 813 pp. Reprint available July 2006 by The Lawbook
Exchange, Ltd. ISBN 1-58477-650-1. Cloth. $125.
* Reprint of the final edition. Although title leads one to expect a basic procedural manual, this book goes well beyond its stated purpose to offer a great deal of historical and jurisprudential information. Davis [1847-1914] examines the authority and sources of military law and its relation to civilian law. He also pays close attention to its debt to English military law and custom, some of it dating back to the middle ages. Davis was Judge-Advocate General of the U.S. Army and Professor of Law at West Point.
Davis,
Horace A. The
Judicial Veto. Boston: Houghton Mifflin Company, 1914. vi,
148 pp. Reprinted 2002 by The Lawbook Exchange, Ltd. LCCN 2001045982.
ISBN 1-58477-212-3. Cloth. $60.
* To support his view that judicial review is not a branch of jurisprudence, and that the constitutionality of statutes is a political rather than a legal function, Davis offers three essays: "Extra-Constitutional Review," which lays out his argument in terms of the political activity of the time, "Judicial Review," an essay in which he offers solutions and "Annulment of Legislation by the Supreme Court," an historical study of the origin of the concept of judicial review in the Court.
Davis,
Joseph Stancliffe.
Essays in the Earlier History of American Corporations.
Cambridge: Harvard University Press, 1917. 2 Vols. Reprinted 2006
by The Lawbook Exchange, Ltd. ISBN-13: 978-1-58477-427-3. ISBN-10:
1-58477-427-4. Cloth. $195.
* This collection of four broadly-conceived essays discuss the corporation and its relation to legal, legislative, social and economic issues. "Corporations in the American Colonies" outlines the types of corporations that were established in the British colonies. "William Duer, Entrepreneur, 1747-99" deals with the career of an important businessman who had much to do with several corporate enterprises, and whose activities reveal significant aspects of the contemporary business environment. "The S.U.M.": the First New Jersey Business Corporation" is a detailed study of a single manufacturing corporation during its formative years. The final essay, "Eighteenth Century Business Corporations in the United States," summarizes the primary feature of the more than 300 business corporations chartered during the eighteenth century. Recommended by Goebel for the study of colonial corporations. See Cases and Materials on the Development of Legal Institutions 418.
Dawson,
John P. A History
of Lay Judges. Cambridge, Mass.: Harvard University Press,
1960. viii, [2], 310 pp. Reprinted 1999 by The Lawbook Exchange,
Ltd. LCCN 98-50812. ISBN 1-886363-69-2. Cloth. $75.
* An
analysis of the divergent legal systems in England, France, Germany
and Rome showing the relationship of the courts to the community,
the legal structure and political organizations. The work examines
the evolution of medieval French and German courts from the Roman
canonist system. This study also explores the role of the local
courts in England and examines in detail the workings and influence
of a typical manor court, Redgrave, in Suffolk, England, (which was
owned by Sir Nicholas Bacon, the father of Sir Francis Bacon) for
the period up to 1711. Extensive notes, indexed. Scholars interested
in the roots of the modern political structures in Europe will find
this work of supreme benefit.
DePuy,
Henry F. A Bibliography
of the English Colonial Treaties with the American Indians.
New York: The Lenox Club, 1917. [108] pp. Reprinted 2001 by The
Lawbook Exchange, Ltd. ISBN 1-58477-163-1. Cloth. New. $50.
* Many of
the records of the various treaties with the Indians exist only in
manuscript. This bibliography locates and describes fifty treaties
that were separately printed in small print quantities and thus are
exceedingly rare. For each treaty De Puy provides full collation, a
brief synopsis of the contents, an illustration, and the location of
copies in principal libraries and private collections. See
Besterman, A World Bibliography of Bibliographies 352.
[Destutt
de Tracy, Antoine Louis Claude, Comte. [Jefferson, Thomas]. A
Commentary and Review of Montesquieu's Spirit of Laws, Prepared
For Press From the Original Manuscript in the Hands of the Publisher.
To Which Are Annexed, Observations on the Thirty-First Book, by
the Late M. Condorcet: And Two Letters of Helveticus, on the Merits
of the Same Work.
Philadelphia: Duane, 1811. viii, 292 pp. Reprinted 2006 by The
Lawbook Exchange, Ltd. ISBN-13: 978-1-58477-654-3. ISBN-10: 1-58477-654-4.
Cloth. $75.
* Reprint of the first edition. This incisive critique was written around 1807 by Tracy [1754-1836], a French philosopher and path-breaking psychologist who was a friend of Jefferson [1743-1826]. He saw the Commentary when it was still a manuscript and was so impressed that he took pains to have it printed. He even helped with the translation and corrected the page proofs. Although the translation was published anonymously, we can identify the author and translators through a letter by Jefferson dated January 26, 1811. Elsewhere in this letter he commends it for correcting the Spirit of the Laws. While other studies had merely "nibbled only at its errors...This want is now supplied, and with a depth of thought, recision of idea, of language and of logic, which will force conviction into every mind. I declare to you, Sir, in the spirit of truth and sincerity, that I consider it the most precious gift the present age has received.": The Writings of Thomas Jefferson V:566-571.
Devecmon,
William C. In
Re Shakespeare's "Legal Acquirements": Notes by an Unbeliever
Therein. New York: The Shakespeare Press, 1899. iii, 51 pp.
Reprinted 2005 by The Lawbook Exchange, Ltd. ISBN-13: 978-1-58477-439-6.
ISBN-10: 1-58477-439-8. Cloth. $60.
* The large number of sophisticated legal references in Shakespeare's work and his association with the Inns of Court led many to conclude that he was once a barrister, clerk or law student. This idea took root in the late eighteenth century and reached fruition in such works as Shakespeare A Lawyer (1858) by William L. Rushton and Shakespeare's Legal Acquirements Considered (1859) by John Campbell (which is available as a Lawbook Exchange reprint). Devecmon refutes this view, arguing that the Bard's knowledge was that of a well-read layman.
DeWitt,
David Miller. The
Judicial Murder of Mary Surratt.
Baltimore: John Murphy & Co., 1895. vi, 259 pp. Reprinted
2003 by The Lawbook Exchange, Ltd. ISBN 1-58477-352-9. Cloth.
$65.
* Reprint
of first edition. Mary Surratt was the first woman tried and
executed by the United States. She owned and ran a boardinghouse in
Washington, D.C. where John Wilkes Booth and other conspirators in
the assassination of Abraham Lincoln often met. She was tried and
convicted of complicity in Abraham Lincoln's assassination and
hanged on July 7, 1865. Though current scholarship indicates
otherwise, many writers have portrayed her as an innocent victim of
a vengeful military tribunal that did not have the right to try her
for her involvement in the assassination plot. Two events supported
this view. One was the 1866 Supreme Court decision Ex parte
Milligan, which invalidated the authority of military courts to
try civilians in places where civil courts were functioning.
Ambiguity concerning military and civil authority in Washington,
D.C. in 1865 raised questions about the legality of her trial. The
other event was the trial of her co-conspirator son, John Surratt,
before a civil jury in 1867, two years after her death. Surratt's
testimony was similar to that of his mother. When his trial ended in
a hung jury, it seemed to many that the military court had executed
an innocent woman.
[Dickens,
Charles]. Bardell
v. Pickwick: The Trial for Breach of Promise of Marriage Held
at the Guildhall Sittings, on April 1, 1828, Before Mr. Justice
Stareleigh and a Special Jury of the City of London. Edited
with Notes and Commentaries by Percy Fitzgerald. London: Elliot
Stock, 1902. [vii], 116 pp. Illustrated. Reprinted 2005 by The
Lawbook Exchange, Ltd. ISBN 1-58477-420-7. Cloth. $75.
* One of the most famous legal cases in English literature, Bardell v. Pickwick is an episode from The Pickwick Papers (1836-1837) by Charles Dickens [1812-1870] in which the hero becomes the defendant in a breach of promise of marriage suit. Mr. Justice Gaselee and Serjeants Snubbin and Buzfuz are among the characters introduced here. One of the most popular episodes in the novel, it was often dramatized or read aloud as a parlor entertainment. It also inspired several legal analyses, most notably Frank Lockwood's The Law and Lawyers of Pickwick, which is available as a Lawbook Exchange reprint.
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