129. Austin, John
The Province of Jurisprudence Determined.
London: John Murray, 1832
xx, 392, lxxvi pp. Reprinted 2000
LCCN 99-33457. ISBN 1-58477-023-6. Cloth. $85.

130. Beale, Joseph Henry
Bartolus on the Conflict of Laws.
Translated into English by Joseph Henry Beale.
Cambridge: Harvard University Press, 1914
86 pp. Reprinted 2003
ISBN 1-58477-294-8. Cloth. $65.
* Probably the first doctrine on the conflict of laws, this is a portion of Bartolus’ commentary on Justinian’s Code and its glosses, his Super Primam et Secundam Partem Codicis Commentaria. Copied often in manuscript, it appeared in print in 1471. It takes into account local customs and statutes, and contains what may be the first clear recognition of the principle that the lex loci governs the validity of a legal act. Bartolus also appreciated the distinction between laws effective only within the territory and laws that might have operation outside the territory, a distinction that assumed great importance in later continental writings on the subject. One of the great medieval commentators, Bartolus di Sassoferrato [1313-1357] was a professor of law at the University of Perugia. His authority as an expositor of Roman law was immense, and it endured for centuries. A practical lawyer, Bartolus attempted to derive principles suitable to his time from the accumulated layers of local, feudal and Roman law.

131. Beck, Theodric Romeyn
Elements of Medical Jurisprudence.
Albany: Websters and Skinners, 1823
Two volumes. Reprinted 1997
LCCN 96-35845. ISBN 1-886363-24-2. Cloth. $125.

132. Bentham, Jeremy
A Fragment on Government.
Edited with an Introduction by F.C. Montague.
Oxford: The Clarendon Press, 1891
xii, 241 pp. Reprinted 2001
ISBN 1-58477-166-6. Cloth. $65.

133. Bentham, Jeremy
Plan of Parliamentary Reform, in the Form of a Catechism, with Reasons for each Article.
With an Introduction, Shewing the Necessity of Radical, and the Inadequacy of Moderate, Reform.
London: T.J. Wooler, 1818
156 pp. Reprinted 2002
LCCN 00-058816. ISBN 1-58477-121-6. Cloth. $75.

134. Berolzheimer, Fritz
The World’s Legal Philosophies.
Translated by Rachel Szold.
With an Introduction by Sir John MacDonell and Albert Kocourek.
New York: The MacMillan Co., 1929
lv, 490 pp. Reprinted 2002
ISBN 1-58477-255-7. Cloth. $95.
* This lucid, wide-ranging account traces the evolution of the philosophy of law and offers an introduction to its primary authors. Berolzheimer [1869-1920] is especially interested in the law’s ability to serve as a progressive humanitarian force. This is evident, for example, in the contribution it has made to the emancipation of repressed social classes.

135. Beth, Loren P.
The American Theory of Church and State.
Gainesville: University of Florida Press, 1958
vii, 183 pp. Reprinted 2002
LCCN 2001023455. ISBN 1-58477-179-8. Cloth. $65.

136. Browne, J.H. Balfour
The Medical Jurisprudence of Insanity.
Second Edition, with References to the Scotch and American Decisions.
San Francisco: Sumner Whitney & Co., 1875
vi, 713 pp. Reprint available 2003
LCCN 2002041365. ISBN 1-58477-322-7
Cloth $95.
* Reprint of second edition, enlarged with references to Scotch and American decisions. This treatise is notable for its insights into Victorian-era constructions of the legal relations of mental illness and criminal insanity. Topics include legal contracts involving the insane, capital punishment, homicide, property law, guidelines for establishing the burden of proof and for dealing with the insane in the courtroom, the admission of evidence demonstrating insanity, the use of medical experts as witnesses and other practical matters. It also offers classifications of insanity by experts and thorough definitions of the legal aspects of amentia, moral mania (including kleptomania, pyromania and erotomania), dementia, melancholia, somnambulism, epilepsy, drunkenness and other interesting topics. With a table of cases and thorough index.

137. Burlamaqui, J[ean] J[aques].
The Principles of Natural Law. In Which the True Systems of Morality and Civil Government are Established; and the Different Sentiments of Grotius, Hobbes, Puffendorf, Barbeyrac, Locke, Clark, and Hutchinson, occasionally considered.
Translated into English by Mr. Nugent.
London: J. Nourse, 1748. xlii, 312 pp.
Reprint available 2003
LCCN 2002038862.
ISBN 1-58477-295-6. Cloth. $95.
* Special reprint edition of the first English translation combining the author’s major works. Burlamaqui [1694-1748], a Swiss jurist and professor of civil and natural law at Geneva, outlined a constitutional system based on principles similar to those of the American founding fathers. “Burlamaqui formulated the principles of popular sovereignty, of delegated power, of a constitution as a fundamental law, of a personal and functional separation of powers into three independent departments... and finally, he provided for an institutional guardian of the fundamental law” (Harvey). Burlamaqui’s other great achievement was to put Pufendorf’s theories into systematic form. Marvin stated a general opinion when he observed that “his works are deservedly held in high esteem.” Blackstone was one of many jurists influenced by Burlamaqui’s work. See Marvin, Legal Bibliography (1847) 162, Harvey, Jean Jacques Burlamaqui: A Liberal Tradition in American Constitutionalism 178-179.

138. Burlamaqui, J[ean] J[aques].
The Principles of Politic Law: Being a Sequel to the Principles of Natural Law.
Translated into English by Mr. Nugent.
London: J. Nourse, 1752.
viii, 372 pp. Reprint available 2003
ISBN 1-58477-380-4. Cloth. $95.
* Reprint of first English translation. Sequel to Burlamaqui's [1694-1748] other major work, The Principles of Natural Law, above.

139. Calabresi, Guido
A Common Law for the Age of Statutes.
Cambridge: Harvard University Press, 1982
xi, 319 pp. Reprinted 2000
LCCN 99-44889. ISBN 1-58477-040-6. Cloth. $85.

140. Cardozo, Benjamin
The Paradoxes of Legal Science.
New York: Columbia University Press, 1928
v, 142 pp. Reprinted 2000
LCCN 00-024469. ISBN 1-58477-097-X. Cloth. $75.

141. Davis, Horace A.
The Judicial Veto.
Boston: Houghton Mifflin Company, 1914
vi, 148 pp. Reprinted 2002
LCCN 2001045982. ISBN 1-58477-212-3. Cloth. $60.

142. Emery, Lucilius A.
Concerning Justice.
New Haven: Yale University Press, 1914
vii, 170 pp. Reprinted 2002
ISBN 1-58477-234-4. Cloth. $60.

143. Fuller, Lon L.
The Law in Quest of Itself.
Boston: Beacon Press, 1966
[vi], 150 pp. Reprinted 1999
LCCN 99-32863. ISBN 1-58477-016-3. Cloth. $60.

144. Gierke, Otto
Natural Law and the Theory of Society 1500 to 1800.
With a Lecture on the Ideas of Natural Law and Humanity by Ernst Troeltsch.
Translated with an Introduction by Ernest Barker. Complete in one volume.
Cambridge: The University Press, 1950
xci, 423 pp. Reprinted 2001
LCCN 2001016483. ISBN 1-58477-149-6. Cloth. $110.

145. Gierke, Otto
Political Theories of the Middle Ages.
Translated with an introduction by Frederick William Maitland.
Cambridge: At the University Press, 1913
lxxx, 197 pp. Reprinted 2002
LCCN 2001041398. ISBN 1-58477-186-0. Cloth. $70.

146. Grotius, Hugo
De Jure Praedae Commentarius.
Ex Auctoris Codice Descripsit et Vulgavat H[endrick] G[erard] Hammaker.
[with]
Fruin, Robert J.
An Unpublished Work of Hugo Grotius’s.
The Hague: Apud Martinum Nijhoff, 1868
xvi, 359 pp. Reprint available 2003
ISBN 1-58477-346-4. Cloth. $100.
* Reprint of the first edition. Written between 1604 and 1605, De Jure Praedae [On the Law of Prize], which remained in manuscript until 1868, is the earliest significant legal work by Grotius [1583-1645]. His discussion of prize is not restricted to issues of legality; he seeks to determine also whether the capture of enemy material is honorable or expedient. He pursues these issues through an elegant argument based on natural law. Remarkable for its intellectual finesse and literary quality, De Jure Praedae is equally significant as the source of two of his most important writings. Mare Liberum (1609) is based on one of its chapters. It also contains an early version of De Jure Belli et Pacis (1625). In this regard, the book offers a valuable introduction to the issues explored in these later works. Appended to this reprint is Robert J. Fruin’s valuable essay An Unpublished Work of Hugo Grotius’s. Written in 1868 and later republished in English in 1925, it remains the principal study of this work.

See item 14 in section Admiralty & Maritime Law for another work by Hugo Grotius.

 

147. Hohfeld, Wesley
Fundamental Legal Conceptions as Applied in Judicial Reasoning.
Edited by Walter Wheeler Cook, with a New Foreword by Arthur L. Corbin.
New Haven: Yale University Press, 1964
xv, 114 pp. Reprinted 2000
LCCN 00-064108. ISBN 1-58477-162-3. Cloth. $55.

148. Jhering, Rudolf Von
Law as a Means to an End.
Translated from the German by Isaac Husik with an Editorial Preface by
Joseph H. Drake and with Introductions by Henry Lamm and W.M. Geldart.
Boston: The Boston Book Company, 1913
lxi, 483 pp. Reprinted 1999
LCCN 99-23754. ISBN 1-58477-009-0. Cloth. $80.

149. Jhering, Rudolph Von
The Struggle for Law.
Translated from the Fifth German Edition by John J. Lalor.
Second Edition, with an Introduction by Albert Kocourek.
Chicago: Callaghan and Company, 1915
lii, 138 pp. Reprinted 1997
LCCN 97-6826. ISBN 1-886363-25-0. Cloth. $65.

150. Kant, Immanuel
The Philosophy of Law. An Exposition of the Fundamental
Principles of Jurisprudence as the Science of Right.
Translated from the German by W. Hastie, B.D.
Edinburgh: T. & T. Clark, 1887
xxxvi, 265 pp. Reprinted 2002
LCCN 00-066332. ISBN 1-58477-131-3. Cloth. $70.

151. Kelsen, Hans
General Theory of Law and State.
Translated by Anders Wedberg.
Cambridge: Harvard University Press, 1945
xxxiii, 516pp. Reprinted 1999
LCCN 98-32334. ISBN 1-886363-74-9. Cloth. $95.

152. Kelsen, Hans
Peace Through Law.
Chapel Hill: The University of North Carolina Press, 1944
xii, 155 pp. Reprinted 2001
ISBN 1-58477-103-8. Cloth. $60.

153. Kelsen, Hans
Pure Theory of Law.
Translation from the Second German Edition by Max Knight.
Berkeley: University of California Press, 1967
x, 356 pp. Reprinted 2002
ISBN 1-58477-206-9. Cloth. $95.

154. Kelsen, Hans
Society and Nature: A Sociological Inquiry
London: K. Kegan Paul, Trench, Trubner & Co., Ltd., [1946]
viii, 391 pp. Reprinted 2000
LCCN 99-054869. ISBN 1-58477-064-3. Cloth. $85.

155. Kelsen, Hans
What is Justice? Justice, Law and Politics in the Mirror of Science.
Berkeley: University of California Press, 1957
[vi], 397 pp. Reprinted 2000
ISBN 1-58477-101-1. Cloth. $95.

 

Harold J. Laski [1893-1950] was a teacher, political scientist, and leader of the Labour Party. His ideas influenced the work of Felix Frankfurter and Oliver Wendell Holmes, who were two of his closest friends.

156. Laski, Harold J.
Authority in the Modern State.
New Haven: Yale University Press, 1919
x, 398 pp. Reprinted 2003
LCCN 2002072858. ISBN 1-58477-275-1
Cloth. $85.
* Laski intended this work to be a sequel to Studies in the Problem of Sovereignty (1917) (see below). He argues that sovereignty is best understood as a type of authority, and he supports his case with examples drawn principally from modern French history. After tracing the origins of his subject, Laski considers the significance of Bonald, Lamennais, Royer-Collard and the Syndicalist movement. “This book is especially valuable because it warns us not to exaggerate the importance of law.. If the individuals in the legislatures and the departments of justice and on the bench do not stand for the best things men stand for, men begin to wonder whether, after all, that government ought to endure. (...) So, in order to make people loyal to the state, you must make the state the kind of institution that they want to be loyal to. Such is the lesson of this very able book.” Zachariah Chafee, Jr., Harvard Law Review 32:979-83.

157. Laski, Harold J.
The Foundations of Sovereignty and Other Essays.
New York: Harcourt, Brace and Company, 1921
xi, 317 pp. Reprint available 2003
LCCN 2002044372. ISBN 1-58477-330-8
Cloth. $80.
* This influential study develops aspects of his theory of the state, ideas he introduced in his first important publication, Authority in the Modern State (1919). According to Laski, the state is not a supreme entity, but is rather one association among many that must compete for the people’s loyalty and obedience.

158. Laski, Harold J.
Studies in the Problem of Sovereignty.
New Haven: Yale University Press, 1917
x, 297 pp. Reprinted 2003
LCCN 2002024320. ISBN 1-58477-240-9
Cloth. $75.
* This volume (Laski’s first) addresses aspects of the theory of the state. Laski’s theoretical ideas are elaborated through examples drawn from recent political and religious movements, such as the Catholic Revival and the creation of the German Empire. He concludes that the state is not a supreme entity, but is rather one association among many that must compete for the people’s loyalty and obedience.

159. Lieber, Francis
Legal and Political Hermeneutics, or Principles of Interpretation and Construction in Law and Politics, with Remarks on Precedents and Authorities.
Enlarged Edition.
Boston: Charles C. Little and James Brown, 1839
xii, [13]-240 pp. Reprinted 2002
ISBN 1-58477-226-3. Cloth. $65.

160. Lieber, Francis
Manual of Political Ethics,
Designed Chiefly for the Use of Colleges and Students at Law.
Second Edition, Revised. Edited by Theodore D. Woolsey.
Philadelphia: J.B. Lippincott Company, 1890
Two volumes. Reprint available 2003
LCCN 2002044392. ISBN 1-58477-345-6
Cloth $160.
* Reprint of second edition. First published in 1838 and 1839, Lieber’s Manual of Political Ethics, a comprehensive theory of the state, is one of his most significant and influential works. It was one of the first treatises on political science, and the first written in the United States. Strongly influenced by German Idealism, it argues that the state is the ultimate expression of humanity’s ancient quest for moral, ethical and spiritual fulfillment. As much a work of advocacy as it is of theory, it urges the reader to consider the moral obligations that arise from his participation in government and other civil institutions. Theodore D. Woolsey [1801-1889], a professor at Yale (and later its president), was one of the founding fathers of America political science. Lieber’s influence as an educator will make the work of interest to scholars of legal education as well as students of law and government.
See items 249, 250, and 250a in section Legal Biography & Personages, and item 273 in section Legal Education. for more works by Francis Lieber.

161. Llewellyn, Karl N.
Jurisprudence. Realism in Theory and Practice.
[Chicago]: The University of Chicago Press, 1962
viii, 531 pp. Reprinted 2000
LCCN 99-056923. ISBN 1-58477-067-8. Cloth. $95.

162. Mill, John Stuart
On Liberty.
London: John W. Parker and Son, 1859
Reprinted 2002
LCCN 2001053980. ISBN 1-58477-221-2. Cloth. $65.

163. Phillimore, John George
Principles and Maxims of Jurisprudence.
London: John W. Parker and Son, 1856
xxiv, 408 pp. Reprinted 2001
ISBN 1-58477-177-1. Cloth. $85.

164. Pollock, Sir Frederick
The Expansion of the Common Law.
London: Stevens and Sons, Limited, 1904
vii, 164 pp. Reprinted 2002
LCCN 00-067015. ISBN 1-58477-169-0. Cloth. $65.

165. Pollock, Sir Frederick
The Genius of the Common Law.
New York: The Columbia University Press, 1912
vii, 141 pp. Reprinted 2000
LCCN 99-047160. ISBN 1-58477-043-0-1. Cloth. $60.

165a. Pomeroy, John N.
A Treatise on Equity Jurisprudence As Administered in the United States of America.
San Francisco and New York: Bancroft-Whitney and Lawyers Cooperative, 1941.
Five volumes. Reprinted 1995 ISBN 1-886363-05-6. Cloth. $595.

166. Pound, Roscoe
The Ideal Element in Law.
[Calcutta]: University of Calcutta, 1958
xiii, 370 pp. Reprinted 2003
LCCN 2002073034. ISBN 1-58477-279-4
Cloth. $90.
* Roscoe Pound [1870-1964] was the dean Harvard Law School and one of the most important legal scholars of the early twentieth century. This book reprints a series of lectures he delivered at the University of Calcutta in 1948. Pound was deeply critical of contemporary legal interpretation because he believed it had abandoned its commitment to enduring ideals. By relying instead on sociological theories, political ends, or other objectives, legal practice loses its connection to both the rule of law and the idea of law itself. The resulting loss of boundaries, he warned, would enable government to encroach on individual rights. With a table of cases, index and bibliography.

167. Pound, Roscoe
An Introduction to the Philosophy of Law.
New Haven: Yale University Press, 1922
307 pp. Reprint available 2003
LCCN 2002044351. ISBN 1-58477-327-8
Cloth. $70.
* Pound’s Introduction outlines the philosophical foundations that support Anglo-American common law. A written version of the Storrs Lectures delivered at Yale University during the academic year 1921-1922. “Dean Pound has given us a clear, concise introduction to the philosophy of the law. It is so concise that it is impossible to summarize it so as to give any idea of its wealth of learning....An excellent, impartial and concise presentation of the subject...” William Herbert Page, Harvard Law Review 36:115-117 cited in Marke, A Catalogue of the Law Collection at New York University (1953) 922.

168. Pound, Roscoe
Jurisprudence.
St. Paul, Minn.: West Publishing Co., 1959
Five volumes. Reprinted 2000
ISBN 1-58477-119-4. Cloth. $495.

Roscoe Pound [1870-1964] was a pre-eminent legal educator, scholar and prolific author of influential writings on law. After private practice he was for many years a law professor, dean of Harvard law school from 1916-1936, and in his later years taught all over the world. Sayre, The Life of Roscoe Pound.

 

169. Radin, Max
Law as Logic and Experience.
New Haven: Yale University Press, 1940
ix, [1], 171 pp. Reprinted 2000
LCCN 99-30670. ISBN 1-58477-008-2. Cloth. $55.

170. Sidney, Algernon
Discourses on Government.
To which is Added, An Account of the Author’s Life, and a Copious Index.
New York: Richard Lee, 1805
Three volumes. Reprinted 2002
LCCN 2001038948. ISBN 1-58477-209-3. Cloth. $275.

171. Spooner, Lysander
An Essay on the Trial by Jury.
Boston: Bela Marsh, 1852
224 pp. Reprinted 2002
LCCN 00-058811.
ISBN 1-58477-156-9. Cloth. $70.

172. Stammler, Rudolph
The Theory of Justice.
Translated by Isaak Husik.
New York: The Macmillan Company, 1925
xli, 591 pp. Reprinted 2000
LCCN 99-054019. ISBN 1-58477-066-X. Cloth. $95.

173. Vinogradoff, Sir Paul
Custom and Right.
Oslo: H. Aschehoug, 1925
110 pp. Reprinted 2000
LCCN 99-0474851. ISBN 1-58477-048-1. Cloth. $45.

174. Vinogradoff, Sir Paul
Outlines of Historical Jurisprudence.
London: Oxford University Press, 1920
Two volumes. Reprinted 1999
LCCN 98-42298. ISBN 1-886363-64-1. Cloth. $150.

175. Walker, James
The Theory of the Common Law.
Boston: Little, Brown and Co., 1852
xxiv, 130pp. Reprinted 1998
LCCN 98-9522. ISBN 1-886363-45-5. Cloth. $65.

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