Reprints of Legal Classics

81. Emery, Lucilius A. Concerning Justice. New Haven: Yale University Press, 1914. Reprint available 2002 by The Lawbook Exchange, Ltd. ISBN 1-58477-234-4. Cloth. $60.
* This volume reprints the Storrs lectures delivered by Emery [1840-1920] at Yale University in 1914. Emery's profound knowledge of constitutional law and keen interest in philosophy and history are clearly evident here. Beginning with conceptions of justice in Antiquity and in the Judeo-Christian tradition, Emery develops a general theory of rights, and uses it as a basis for his definition of justice. His other lectures deal with the securing of justice. Influenced perhaps by the outbreak of hostilities in Europe, Emery asserts that the United States has created the finest system yet for its preservation. "It is most emphatically a book which, once read, is kept on hand for a re-reading." H.W.C. Yale L.J. 24: 263 cited in Marke, A Catalogue of the Law Collection at New York University (1953) 191. Dictionary of American Biography 144-145.(33679)

82. Esmein, A[dhemar]. A History of Continental Criminal Procedure with Special Reference to France. Translated by John Simpson; with an editorial preface by William E. Mikell and introductions by Norman M. Trenholme and by William Renwick Riddell. Boston: Little, Brown and Company, 1913. xlv, 640 pp. Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN 99-045906. ISBN 1-58477-042-2. Cloth. $100.
* Reprint of volume 5, Continental Legal History Series. Esmein, "the foremost legal scholar of France if not of the world" has here analyzed criminal procedure from its Roman origin, through primitive Germanic, and throughout French criminal procedure from the 1200s to the 1800s, as well as 19th century criminal procedure in other countries in this "masterly work...This volume is to be unqualifiedly commended as a standard and sufficient history of continental criminal procedure." J.H.B. Harv. L. Rev. 27:294-295.(26998)

83. Evans, E.P. The Criminal Prosecution and Capital Punishment of Animals. New York: E.P. Dutton, 1906. x, 384pp. Reprinted 1998 by The Lawbook Exchange, Ltd. LCCN 98-12801. ISBN 1-886363-52-8. Cloth. $65.
* This pioneering work in English brings together an amazing assemblage of court cases in which animals have been named as defendants--chickens, rats, field mice, bees, gnats, and (in 34 recorded instances) pigs, among others--providing insight into such modern issues as animal rights, capital punishment, and social and criminal theory. Evans suggests an intriguing distinction between trials of specific animals or particular crimes (the "murder" of an infant by a pig, for example) and trials of animals for larger, catastrophic events such as plagues and infestations. In the latter case, Evans suggests a parallel to witchcraft.(21525)

84. Farnam, Henry W. Chapters in the History of Social Legislation in the United States to 1860. Washington: Carnegie Institution of Washington, 1938. xx, 496 pp. Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN 99-049362. ISBN 1-58477-054-6. Cloth. $100.
* A social history of the class system in the United States from the colonial period through the constitutional era that primarily concerns itself with the issue of slavery. Other legislative areas affected by the social structure of the times covered include laws of debt, land tenure, fair trade, and food supply. Marke, A Catalogue of the Law Collection of New York University (1953) 809.(26999)

85. [Field Codes]. [New York 1850-1865]. New York Field Codes. 1850-1865.
Vol. I. The Code of Civil Procedure of the State of New-York, Reported Complete by the Commissioners on Practice and Pleadings. 1850.
Vol. II. The Code of Criminal Procedure of the State of New York, Reported Complete by the Commissioners on Practice and Pleadings. 1850.
Vol. III. The Civil Code of the State of New York, Reported Complete by the Commissioners of the Code. 1865.
Vol. IV. The Penal Code of the State of New York, Reported Complete by the Commissioners of the Code. 1865.
Vol. V. The Political Code of the State of New York. 1860.
With a new introduction by Michael Weber. Reprinted 1998 by The Lawbook Exchange, Ltd. Five volume series. [8], xcvi, 791; liii, [1], 486; cxii, 776; lxiv, 406, clxvii; xlvii, 607 pp. ISBN 1-886363-40-4 (set). Cloth. $495.
* These five volumes contain the complete texts of the law codes drafted for New York State by David Dudley Field and his colleagues during the years 1847 to 1865. They include Field's two procedural codes and three substantive codes. Field was perhaps the leading American proponent of codification. He served with both groups of commissioners and, more than any other individual, was responsible for the drafting of all of the codes. He has been called "an inexhaustible one man codifying machine." Field's codes had great impact both in the United States and internationally and clearly are worthy of study today. Cohen, Bibliography of Early American Law 10358-10360. Sabin, A Dictionary of Books Relating to America 53857. This reprint is prefaced by a new introduction by Michael Weber.(21234)

86. Field, Oliver P. The Effect of an Unconstitutional Statute. Minneapolis: University of Minnesota Press, 1935. xi, 355 pp. Reprint available 2002 by The Lawbook Exchange, Ltd. LCCN 2001022508. ISBN 1-58477-181-X. Cloth. $80.
* State and federal courts have a long history of deeming statutes unconstitutional. Although there have been a number of treatises on the nature of judicial review, this volume treats the issue of the results of a statute deemed unconstitutional. "The varying meanings of the process of `declaring a statute unconstitutional' or unenforceable, the meaning of 'unconstitutionality,' the legal effect of the tainted statute or its defective part, and of the decision branding it, are the subject matter of this scholarly and effective book." Edwin Borchard. Yale Law Journal 45:1533. Marke, A Catalogue of the Law Collection at New York University (1953) 397-398.(33639)

87. Field, Stephen J[ohnson]. Personal Reminiscences of Early Days in California, with Other Sketches... To Which is added the Story of his Attempted Assassination by a Former Associate on the Supreme Bench of the State by Hon. George C. Gorman. [Washington, D.C.]: Printed for a Few Friends. Not Published, [1893]. vi, 406 pp. Reprinted 2001 by The Lawbook Exchange, Ltd. LCCN 00-067118. ISBN 1-58477-133-X. Cloth. $85.
* Field [1816-1899] was the draftsman of the 1851 California Practice Act and went on to become an associate justice of the Supreme Court of the United States in 1863. Having emigrated to California from New York in 1849, the experiences of his adventures there, personal and professional (he was both disbarred and then elected to the state legislature), are recounted in these his Reminiscences, which he dictated in his later years. "The book evinces devotion to the fact and energy of purpose, as well as some appreciation of humorous situations." Dictionary of American Biography III:373. Marke, Catalogue of the Law Collection at New York University 1082.(32376)

88. Finkelman, Paul, editor. A Brief Narrative of the Case and Tryal of John Peter Zenger Printer of the New York Weekly Journal. New York: Brandywine Press, [1997]. vii, 175 pp. Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN 99-049431. ISBN 1-58477-051-1. Cloth. $50.
* The 1736 edition of the trial narrative is reproduced in this edition, along with Finkelman's scholarly introduction that explains the legal significance of Zenger's case. Zenger was tried for seditious libel and his 1735 acquittal is generally regarded as the first major victory for freedom of the press in the American colonies.(26984)

89. Finkelman, Paul. An Imperfect Union: Slavery, Federalism and Comity. Chapel Hill: The University of North Carolina Press, 1981. xii, 378 pp. Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN 00-021509. ISBN 1-58477-092-9. Cloth. $85.
* Finkelman describes the judicial turmoil that ensued when slaves were taken into free states, and the resultant issues of the conflict of laws, comity and cooperation between the states, their Constitutional obligations, and the threat of the nationalization of slavery.(28529)

90. Finkelman, Paul. Slavery in the Courtroom. An Annotated Bibliography of American Cases. Washington:Library of Congress, 1985. Illustrated. xxvii, 312pp. Reprinted 1998 by The Lawbook Exchange, Ltd. LCCN 98-11284. ISBN 1-886363-48-X. Cloth. $85.
* Slavery in the Courtroom was first published in 1985 and the following year received the Joseph A. Andrews Award from the American Association of Law Libraries. The book provides a detailed discussion and analysis of the pamphlet materials on the law of slavery published in the United States and Great Britain. Slavery in the Courtroom also provides readers with easy access to an understanding of most of the important American and British cases on slavery, including Somerset v. Stewart (Eng., 1772), The United States v. Amistad (U.S., 1841), and Dred Scott v. Sanford (U.S., 1857). Paul Finkelman is the Chapman Distinguished Professor of Law at the University of Tulsa College of Law. He is the author of more than ten books and over 75 scholarly articles. He has lectured on American law throughout the United States, as well as in Europe and in South America.(21531)

91. Fisher, Sydney George. The Evolution of the Constitution of the United States. Showing That It Is a Development of Progressive History and Not an Isolated Document Struck Off at a Given Time or an Imitation of English or Dutch Forms of Government. Philadelphia: J.B. Lippincott, 1897. 398 pp. Reprinted 1996 by The Lawbook Exchange, Ltd. LCCN 97-41054. ISBN 1-886363-08-0. Cloth. $65.
* Fisher [1856-1927] was a prominent historian and lawyer, who was admitted to the Pennsylvania bar in 1883 after legal studies at Harvard University. His Evolution of the Constitution collates for the first time all the various provisions of colonial documents that served as source material for the Constitution. Asserting that the Constitution was neither an imitation nor an invention, Fisher traces every material clause back to its origin. Twenty-nine colonial charters and constitutions, seventeen Revolutionary constitutions, and twenty-three plans of union are the resulting source materials from which Fisher draws his analysis. Abundant quotations from the sixty-nine documents illustrate the evolutionary nature of the Constitution and make this a valuable sourcebook for the reader who desires to find in one volume the Constitution's many and varied origins.(16258)

92. Flanders, Henry. An Exposition of the Constitution of the United States. Designed as a Manual of Instruction. Philadelphia: E.H. Butler & Co., 1860. xii, 311 pp. Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN 99-31594. ISBN 1-58477-014-7. Cloth. $60.
* Flanders [1824-1911], a well-known and highly regarded Philadelphia lawyer of his time, clearly describes the origin and organization of the Constitution and the legislature and its branches, the power of Congress and the power denied to Congress and the states under the Constitution. Written for students, and thus written in a lucid and organized manner, with questions for the reader in the notes on each page. The work went through several editions, this being a reprint of the first edition. Cohen, Bibliography of Early American Law 2821. Bauer, Commentaries on the Constitution 362. Flanders is also the author of A Treatise on Maritime Law which is also available in reprint from The Lawbook Exchange.(25908)

93. Flanders, Henry. A Treatise on Maritime Law. Boston: Little, Brown and Company, 1852. xvi, 444 pp. Reprinted 1999 by The Lawbook Exchange, Ltd. ISBN 1-886363-72-2. Cloth. $75.
* One of the most admired admiralty lawyers in the country, Flanders [1824-1911] had been a member of the New Hampshire Bar who moved his practice to Philadelphia after the publication of this successful work. Dictionary of American Biography describes this and his later work A Treatise on the Law of Shipping (1853) as works that "gave evidence of deep research and unusual ability. Distinguished for lucid exposition and attractive style, these works in a short time became acknowledged authorities upon the subject with which they dealt." DAB III:454. Marke, A Catalogue of the Law Collection of New York University (1953) 266. Cohen, Bibliography of Early American Law 1584. Sabin, A Dictionary of Books Relating to America 24673.(24022)

94. Ford, Paul Leicester. Pamphlets on the Constitution of the United States, Published During Its Discussion by the People 1787-1788. Brooklyn, N.Y., 1888. viii, 451 pp. Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN 99-25089. ISBN 1-886363-95-1. Cloth. $75.
* A collection of rare pamphlets that treat the question of the Constitution, with annotations and a bibliography by Ford, author of a bibliography of Franklin's works. "Recommended by Warren for `The sources from which interpretations of the meaning of the provisions of the Constitution (U.S.) have been obtained at various times in the past...' Warren, The Making of the Constitution 784." Marke, A Catalogue of the Law Collection at New York University (1953) 375.(26760)

95. Forsyth, William. The History of Lawyers. Ancient and Modern. Boston: Estes & Lauriat, 1875. Illustrated. xvii, 404 pp. Reprinted 1996 by the Lawbook Exchange, Ltd. LCCN 95-51103. ISBN 1-886363-14-5. Cloth. $60.
* First published in 1849 in London under the title Hortensius: or, The Advocate, Forsyth's History of Lawyers is a spirited account of advocacy in ancient Greece, Rome, and England and of the bar in France. Acknowledging that "[w]e are too apt to cloth the ancients in buckram, and view them, as it were, through a magnifying glass, so that they loom before us in the dim distance in almost colossal proportions," Forsyth presents in familiar terms the language of the law and how advocates behaved. Frequently citing classical sources with his own translations, he describes in impressive detail such things as curious trials and the rights and obligations of counsel. Chapter headings include: The Athenian Courts; Advocacy in Ancient Rome; The Bar under the Empire and in the Middle Ages; The Noblesse de la Robe; The Honorarium; ad, Forensic Casuistry.(16257)

96. Forsyth, William. History of Trial by Jury [Second edition]. Jersey City: Frederick D. Linn, [1875]. x, 388 pp. Reprinted 1994 by The Lawbook Exchange, Ltd. LCCN 96-14505. ISBN 0-9630106-8-9. Cloth. $65.
* First published in England in 1852, Forsyth's Trial by Jury is the first full-scale historical account of the rise and growth of the jury system in England. The American edition adds a number of notes, as well as making several corrections to American references.(13868)

97. Fortescue, Sir John. [?1394-1476?]. The Governance of England: Otherwise Called The Difference between an Absolute and a Limited Monarchy. A Revised Text edited with Introduction, Notes, and Appendices by Charles Plummer. London: Oxford University Press, 1885. xxiii, 387pp. Reprinted 1999 by The Lawbook Exchange, Ltd. ISBN 1-886363-79-X. Cloth. $65.
* "This work cannot be described as the first law book written in English, but it has the distinction of being the first book about law in that language..." Winfield, The Chief Sources of English Legal History 317-318. Examines and compares the value of absolute and limited monarchy in the governments of France and England. First published in 1714, this edition, which was edited by Christopher Plummer, was published in 1885. Winfield also describes this edition as "The best edition." Marke, A Catalogue of the Law Collection at New York University (1953) 365.(24080)

98. Fortescue, Sir John. DeLaudibus Legum Angliae. A Treatise in Commendation of the Laws of England. With Translation by Francis Gregor. Notes by Andrew Amos and a Life of the Author by Thomas (Fortescue) Lord Clermont. Cincinnati: Robert Clarke & Co., 1874. lxiv, 302 pp. Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN 99-16485. ISBN 1-58477-019-8. Cloth. $65.
* Written in 1470, De Laudibus was intended for the instruction of Edward, Prince of Wales. Written in the form of a dialogue, this book contains one of the earliest sketches of the English legal system. This is the first appearance of the modern edition, based on the 1825 Amos edition, which includes for the first time the life of the author by Lord Clermont, a direct descendant, as well as his corrected version of both the text and translation, these having appeared only in an 1869 privately published edition of Fortescue's works limited to 120 family copies.(26071)

99. Foss, Edward. A Biographical Dictionary of the Judges of England From the Conquest to the Present Time 1066-1870. London: John Murray, 1870. xv, 792 pp. Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN 99-12577. ISBN 1-886363-86-2. Cloth. $100.
* Foss [1787-1870] was a founder and later president of the Incorporated Law Society. A biographical dictionary that provides authoritative factual data about every judge in England who served from the reign of William the Conqueror to 1870, and based on original sources, it is an important and handy one volume work of reference for legal historians.(25892)

100. Freeman, A.C. A Treatise of the Law of Judgments. Including All Final Determinations of the Rights of Parties in Actions or Proceedings at Law or in Equity. Revised, and Greatly Enlarged by Edward W. Tuttle. San Francisco: Bancroft-Whitney, 1925. Three volumes. 1216; 1280; 1264 pp. Reprinted 1993 by The Lawbook Exchange, Ltd. LCCN 99-047228. ISBN 0-9630106-6-2. Cloth. $295.
* Considered by Vanderbilt to be one of the great textbooks in which the history of American law might well be traced. Men and Measures in the Law, p. 21. In the present treatise (which cites over 35,000 cases), the editor has analyzed the cases with care.... The book will be of great assistance to lawyers searching for authorities in the important field it covers. Harvard Law Review 32(2):283-5.(12142)

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