The Code Napoleon and the Common-law World


Book Description

Originally published: New York: New York University Press, 1956. x, 438 pp. This book consists of papers delivered by participants in the conference sponsored by the New York University Institute of Comparative Law to honor the 150th anniversary of the French Civil Code, which was the largest public celebration of the event in the legal world. The papers deal with the influence of the Code upon common-law countries in their efforts to manage statute and case law and gives examples of modern attempts at restatement of the law and uniform state laws as examples of the effect of the Code's coherence and logic. The papers were given by notable legal scholars such as Benjamin Akzin, Ren Cassin, C.J. Friedrich, Arthur von Mehren, Roscoe Pound, Thibadeau Rinfret, Max Rheinstein, Angelo Piero Sereni, Jack Bernard Tate and Arthur T. Vanderbilt. At the time of these lectures Schwartz was Director of the Institute. Includes a bibliography by Julius J. Marke. Reprint of the first edition. BERNARD SCHWARTZ 1923-1997] was professor of law and director of the Institute of Comparative Law, New York University. He was the author of over fifty books, including French Administrative Law and the Common-Law World (1954, reprinted 2006), the five-volume Commentary on the Constitution of the United States (1963-1968), Constitutional Law: A Textbook (2d ed., 1979), Administrative Law: A Casebook (4th ed., 1994) and A History of the Supreme Court (1993).




French Administrative Law and the Common-law World


Book Description

Schwartz provides a masterly exposition of administrative law through a comparative study of the French droit administratif, arguably the most sophisticated Continental model. As Vanderbilt points out in his introduction, this is an important field that involves much more than administrative procedure. It deals directly with some of the most crucial issues of modern government regarding the distribution of power between governmental units, the resulting effect on the freedom of the individual and on the strength and stability of the state. Reprint of the sole edition. "[T]his book represents a significant achievement.... Unlike so many volumes that roll off the press these days, it fills a real need; and, though perhaps not the definitive work in English on the subject, it fills it extremely well." --Frederic S. Burin, Columbia Law Review 54 (1954) 1016 Bernard Schwartz [1923-1997] was professor of law and director of the Institute of Comparative Law, New York University. He was the author of over fifty books, including The Code Napoleon and the Common-Law World (1956), the five-volume Commentary on the Constitution of the United States (1963-68), Constitutional Law: A Textbook (2d ed., 1979), Administrative Law: A Casebook (4th ed., 1994) and A History of the Supreme Court (1993).







Sovereignty, International Law, and the French Revolution


Book Description

This book argues that the introduction of popular sovereignty as the basis for government in France facilitated a dramatic transformation in international law in the eighteenth century.




Codification in the British Empire and America


Book Description

Lang analyzes efforts made in the United Kingdom and the United States to replace or modify the common law with codes since the origins of codification in the nineteenth century. Lang is especially interested in the tension between written codes, which are characteristic of continental law, and the common law, which is grounded in custom. Since its publication in 1924, this book has been cited often in articles dealing with codes and comparative law.




Napoleon and His Collaborators


Book Description

When we think of Napoleon, no names of trusty right-hand men jump to mind. Woloch (history, Columbia U., New York City) sets out to correct this in his study, which introduces the men that aided Napoleon's creation of a dictatorship. He does this through a series of narratives of key events and themes. He concludes with chapters on the routines of governance; difficult issues for Napoleon's liberal servitors of the un-liberal practices of preventive detention and censorship; and what happened to his minions following the Empire's collapse, the Bourbon Restoration, and Napoleon's return from Elba in 1815. Annotation copyrighted by Book News Inc., Portland, OR




Maps of World Financial Law


Book Description

Maps of World Financial Law - from the leading expert on global financial law and practice this is the only available series of maps and charts on key subjects in world financial law and practice allowing you to easily understand, explain and analyse information across the world's jurisdictions.




Understanding the Sources of Early Modern and Modern Commercial Law


Book Description

The contributions of Understanding the Sources of Early Modern and Modern Commercial Law: Courts, Statutes, Contracts, and Legal Scholarship show the wealth of sources which historians of commercial law use to approach their subject. Depending on the subject, historical research on mercantile law must be ready to open up to different approaches and sources in a truly imaginative and interdisciplinary way. This, more than many other branches of law, has always been largely non-state law. Normative, ‘official’, sources are important in commercial law as well, but other sources are often needed to complement them. The articles of the volume present an excellent assemblage of those sources. Anja Amend-Traut, Albrecht Cordes, Serge Dauchy, Dave De ruysscher, Olivier Descamps, Ricardo Galliano Court, Eberhard Isenmann, Mia Korpiola, Peter Oestmann, Heikki Pihlajamäki, Edouard Richard, Margrit Schulte Beerbühl, Guido Rossi, Bram Van Hofstraeten, Boudewijn Sirks, Alain Wijffels, and Justyna Wubs-Mrozewicz.




A Continental Distinction in the Common Law


Book Description

The development of an autonomous English public law has been accompanied by persistent problems - a lack of systematic principles, dissatisfaction with judicial procedures, and uncertainty about the judicial role. It has provoked an ongoing debate on the very desirability of the distinctionbetween public and private law. In this debate, a historical and comparative perspective has been lacking. A Continental Distinction in the Common Law introduces such a perspective. It compares the recent emergence of a significant English distinction with the entrenchment of the traditional Frenchdistinction. It explains how persistent problems of English public law are related to fundamental differences between the English and French legal and political traditions, differences in their conception of the state administration, their approach to law, their separation of powers, and theirjudicial procedures in public-law cases. The author argues that a satisfactory distinction between public and private law depends on a particular legal and political context, a context which was evident in late nineteenth-century France and is absent in twentieth-century England. He concludes byidentifying the far-reaching theoretical, institutional, and procedural changes required to accommodate English public law.




Napoleon the Great


Book Description

'A Napoleonic triumph of a book, irresistibly galloping with the momentum of a cavalry charge' Simon Sebag Montefiore 'Simply dynamite' Bernard Cornwell From Andrew Roberts, author of the bestsellers The Storm of War and Churchill: Walking with Destiny, this is the definitive modern biography of Napoleon. Napoleon Bonaparte lived one of the most extraordinary of all human lives. In the space of just twenty years, from October 1795 when as a young artillery captain he cleared the streets of Paris of insurrectionists, to his final defeat at the (horribly mismanaged) battle of Waterloo in June 1815, Napoleon transformed France and Europe. After seizing power in a coup d'état he ended the corruption and incompetence into which the Revolution had descended. In a series of dazzling battles he reinvented the art of warfare; in peace, he completely remade the laws of France, modernised her systems of education and administration, and presided over a flourishing of the beautiful 'Empire style' in the arts. The impossibility of defeating his most persistent enemy, Great Britain, led him to make draining and ultimately fatal expeditions into Spain and Russia, where half a million Frenchmen died and his Empire began to unravel. More than any other modern biographer, Andrew Roberts conveys Napoleon's tremendous energy, both physical and intellectual, and the attractiveness of his personality, even to his enemies. He has walked 53 of Napoleon's 60 battlefields, and has absorbed the gigantic new French edition of Napoleon's letters, which allows a complete re-evaluation of this exceptional man. He overturns many received opinions, including the myth of a great romance with Josephine: she took a lover immediately after their marriage, and, as Roberts shows, he had three times as many mistresses as he acknowledged. Of the climactic Battle of Leipzig in 1813, as the fighting closed around them, a French sergeant-major wrote, 'No-one who has not experienced it can have any idea of the enthusiasm that burst forth among the half-starved, exhausted soldiers when the Emperor was there in person. If all were demoralised and he appeared, his presence was like an electric shock. All shouted "Vive l'Empereur!" and everyone charged blindly into the fire.' The reader of this biography will understand why this was so.