An Historical Essay on the Magna Charta of King John: to which are Added, the Great Charter in Latin and English; the Charters of Liberties and Confirmations, Granted by Henry 3. and Edward 1.; the Original Charter of the Forests; and Various Authentic Instruments Connected with Them: Explanatory Notes on Their Several Privileges; a Descriptive Account of the Principal Originals and Editions Extant, Both in Print and Manuscript; and Other Illustrations, Derived from the Most Interesting and Authentic Sources. By Richard Thomson


Book Description







The History of American Customs Jurisprudence


Book Description

Futrell, William H. The History of American Customs Jurisprudence. New York: Published privately, 1941. 314pp. Reprinted 1998 by The Lawbook Exchange, Ltd. LCCN 98-11342. ISBN 1-886363-51-X. Cloth. $75. * Originally privately printed and scarce, this work gives the historic background of the powers derived from the Constitution and covers all aspects of U.S. customs law. Pound commended it as "a thoroughly workmanlike job."




A Fragment on Government


Book Description

Bentham, Jeremy. A Fragment on Government. Edited with an Introduction by F.C. Montague. Oxford: The Clarendon Press, 1891. xii, 241 pp. Reprinted 2001 by The Lawbook Exchange, Ltd. ISBN 1-58477-166-6. Cloth. $65. * Bentham's first published work, an essay on sovereignty that criticizes Blackstone's Commentaries and attacks contemporary views on politics and law. This edition includes F.C. Montague's scholarly introduction that shows the significance of the Fragment and includes a biography of Bentham [1748-1832] and a discussion of his role in the history of jurisprudence. "The Fragment on Government is primarily a criticism. If it were nothing more, it would have no interest for later generations, which do not regard Blackstone as an authority upon speculative questions of politics or history, and therefore do not need to have Blackstone's theories corrected or disproved. But in criticizing Blackstone's views, Bentham necessarily expounds his own. As Bentham is one of the few English writers of mark upon the theory of political institutions, and as his doctrine forms a link in the chain of English political philosophy, we still read the Fragment of Government in order to see, not how far Blackstone was wrong, but how far Bentham was right.": Introduction 59.




The Supreme Court and the Constitution


Book Description

Beard, Charles A. The Supreme Court and the Constitution. New York: The Macmillan Company, 1912. vii, 127 pp. Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN 98-50368. ISBN 1-886363-78-1. Cloth. $45. * A thorough analysis of the early history and development of judicial review, from 1787 through Marbury v. Madison. "A strong argument that the constitutional fathers intended to establish judicial review." Carr, The Supreme Court and Judicial Review 293. "The book is based on the most exhaustive examination which has so far been made of the expressed opinions of the men who were most responsible for the adoption of the United States Constitution." Col. L. Rev. 13:87 as cited in Marke, A Catalogue of the Law Collection at New York University 172. Chapters include "The Constitutional Convention of 1787 and Judicial Control," "John Marshall and the Fathers," and "Marbury v. Madison."




The Courts, the Constitution, and Parties


Book Description

McLaughlin, Andrew C. The Courts, The Constitution and Parties. Studies in Constitutional History and Politics. Chicago: University of Chicago Press, 1912. vii, 299 pp. Reprinted 2001 by The Lawbook Exchange, Ltd. LCCN 00-058812. ISBN 1-58477-155-0. Cloth. $95. * "This volume is composed of five papers or addresses. Two of them are careful historical discussions of the origin of the American doctrine that courts can declare acts of the legislature void; a third shows the influence of theories of political philosophy upon the ante-bellum controversy regarding the nature of the Union; and the remaining two consider the significance of American political parties and their real function in popular government. The two papers first mentioned seem to be contributions of great and permanent value to the discussion of their topic. The style of all of these essays is easy and delightful and their argument sane, thoughtful, and persuasive." J.P.H. Harv. L. Rev. 26:280-281 cited in Marke, A Catalogue of the Law Collection at New York University (1953) 377.




Memoirs and Letters of James Kent, LL.D.


Book Description

Kent, William. Memoirs and Letters of James Kent, L.L.D. Boston: Little, Brown, and Company, 1898. x, 341 pp. Reprinted 2001 by The Lawbook Exchange, Ltd. LCCN 00-026688. ISBN 1-58477-100-3. Cloth. $75. * Kent's great-grandson William has collected James Kent's memoirs and selected letters in one of "the chief sources of information on James Kent." Hicks, Dictionary of American Biography V:347. His own words reveal Kent as a man of wide learning and literary acumen, gathered here in his views on the Federalist cause, secession, the political situation in Europe, his love of literature, his admiration for Alexander Hamilton and Washington Irving, his career before and on the bench, his life as chancellor, and his correspondence regarding the Commentaries. "Next to my wife, my library has been the source of my greatest pleasure and devoted attachment," he wrote in 1828. (DAB V:347). Included here are notes penned in some of his volumes. Of special interest are the notes that he wrote in Wollstonecraft's Rights of Woman and Tucker's Life of Jefferson. Marke, A Catalogue of the Law Collection at New York University (1953) 1103.




The Law in Quest of Itself


Book Description

Fuller, Lon L. The Law in Quest of Itself. Boston: Beacon Press, 1966. [vi], 150 pp. Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN 99-32863. ISBN-13: 978-1-58477-016-9. ISBN-10: 1-58477-016-3. Cloth. $60.* Three lectures by the Harvard Law School professor examine legal positivism and natural law. In the course of his analysis Fuller discusses Kelsen's theory as a reactionary theory, and Hobbes' theory of sovereignty. He defines legal positivism as the viewpoint that draws a distinction "between the law that is and the law that ought to be..." (p.5) and interprets natural law as that which tolerates a combination of the two. He looks at the effects of positivism's continued influence on American legal thinking and concludes that law as a principle of order is necessary in a democracy.







The Aryan Household


Book Description

Hearn, William Edward. The Aryan Household Its Structure and its Development. An Introduction to Comparative Jurisprudence. London and New York: Longmans, Green, and Co., 1891. viii, 494 pp. Reprinted 2002 by The Lawbook Exchange, Ltd. ISBN 1-58477-124-0. Cloth. $100. * Originally published in Melbourne in 1878, this is a reprint of the first Anglo-American edition. "Recommended by Pound for 'the legal institutions of Indo-European peoples.' Pound. Outlines [of Lectures on Jurisprudence]: 229." Marke, A Catalogue of the Law Collection at New York University (1953) 108. Chapter titles include Law and Custom, The Law and Custom of Property, The Rise of Civil Jurisdiction.