An Unsparing Analysis of the Legal Principles and Constitutional Developments of the Third Reich This classic study is widely considered one of the finest analyses of totalitarianism. It was written in Germany in the late 1930s and completed in the United States in 1940, where Fraenkel lived after fleeing the Nazis in 1938. The title derives from Fraenkel's thesis that National Socialism divided the law into two co-existing areas. The first of these, The Normative State, protects the legal order as expressed in statutes, decisions of courts and the activities of administrative agencies. Its counterpart is the Prerogative State, which is governed by the party. It exercised unlimited arbitrariness and violence unchecked by any legal guarantees (xiii). As a detailed record of what has happened to the Rechtstaat under totalitarian auspices, this book is without rival.--Fritz Morstein Marx, Harvard Law Review 54 (1940-1941), 1267 Several scholars have published authoritative descriptions of the German political and legal system. Fraenkel's book differs from its predecessors in so far as it represents, to the reviewer, the first attempt to provide a theoretical analysis of the German legal order.--Otto Kirchheimer, Political Science Quarterly, Vol. 56, No. 3 (Sep., 1941), 434-436 Ernst Fraenkel 1898-1975], the renowned political scientist, is widely considered the father of the theory of pluralism in Germany. He served in the German Army during the First World War from 1914 to 1918, worked as a labor lawyer with the left-wing political activist Franz Leopold Neumann, and as a Social Democrat and a Jew, fled Germany to the United Kingdom in 1938, and then to the United States in 1939. It is said that the manuscript of this book traveled ahead as contraband. He served as legal counsel to Korea before returning to Germany in 1951. In 1963 he founded The John F. Kennedy Institute in Berlin. CONTENTS Preface Introduction PART I THE LEGAL SYSTEM OF THE DUAL STATE CH. I. The Prerogative State CH. II. The Limits of the Prerogative State CH. III. The Normative State PART II THE LEGAL THEORY OF THE DUAL STATE CH. I. The Repudiation of Rational Natural Law by National-Socialism CH. II. The National-Socialist Campaign Against Natural Law CH. III. National-Socialism and Communal Natural Law PART III THE LEGAL REALITY OF THE DUAL STATE CH. I. The Legal History of the Dual State CH. II. The Economic Background of the Dual State CH. III. The Sociology of the Dual State Abbreviations Notes Appendix Table of Cases Index

Complete English translation with a running parallel transliteration of the original ideograms of The Code of Hammurabi, the longest surviving legal text from the Old Babylonian period The Code of Hammurabi is a collection of laws proscribed by Hammurabi, the sixth King of the First Dynasty of Babylon, and reigned from approximately 1792 BC to 1750 BC. These were inscribed on cuneiform tablets towards the end of his reign and discovered on the acropolis of Susa in 1901 by the Egyptologist Gustav J quier. The code consists of 282 case laws carved in forty-nine columns on a basalt stele. The code encompasses commercial, criminal and civil law. This edition contains a complete English translation of the code with a running parallel transliteration of the original ideograms. All corrections and erasures are included. This edition also includes facsimiles of all of the original cuneiform tablets, a thorough glossary and index of subjects, lists of proper names and tables of weights and currencies. Robert Francis Harper 1864-1914] was Professor of the Semitic Languages and Literatures in the University of Chicago, Director of the Babylonian Section of the Oriental Exploration Fund of the University of Chicago, Managing Editor of The American Journal of Semitic Languages and Literatures, and Fellow of the Royal Geographical Society. CONTENTS Frontispiece Preface Introduction Transliteration and Translation Index of Subjects List of Proper Names Glossary Photograph of Text Autographed Text List of Signs List of Numerals List of Scribal Errors List of Erasures Map of Babylonia

Originally published: New York: Harper Brothers Publishers, 1948]. xiv, 107 pp. Reprint of the sole edition.

Dr. Meiklejohn, in a book which greatly needed writing, has thought through anew the foundations and structure of our theory of free speech . . . he rejects all compromise. He reexamines the fundamental principles of Justice Holmes' theory of free speech and finds it wanting because, as he views it, under the Holmes doctrine speech is not free enough. In these few pages, Holmes meets an adversary worthy of him . . . Meiklejohn in his own way writes a prose as piercing as Holmes, and as a foremost American philosopher, the reach of his culture is as great . . . this is the most dangerous assault which the Holmes position has ever borne. -- John P. Frank, Texas Law Review 27:405-412.

Alexander Meiklejohn 1872-1964] was dean of Brown University from 1901-1913, when he became president of Amherst College. In 1923 Meiklejohn moved to the University of Wisconsin-Madison, where he set up an experimental college. He was a longtime member of the National Committee of the American Civil Liberties Union. In 1945 he was a United States delegate to the charter meeting of UNESCO in London. Lectureships have been named for him at Brown University and at the University of Wisconsin. He was awarded the Presidential Medal of Freedom in 1963.

With a New Introduction by Benjamin Ferencz, Chief Prosecutor for the United States at the Nuremberg War Crimes Trial Originally published three years before the withdrawal of U.S. troops in 1973, this important book was not a polemic, but a sober account of the Vietnam conflict from the perspective of international law. Framed in reference to the Nuremberg Trials that followed the Second World War, it described problems the United States may have to face due to its involvement in the Vietnam conflict. After presenting a general history of war crimes and an account of the Nuremberg Trials, Taylor turns his attention to Vietnam. Among other points, he examined parallels between actions committed by American troops during the then-recent My Lai Massacre of 1968 and Hitler's SS in Nazi-occupied Europe. Commissioned for this edition, Ferencz's introduction evaluates Taylor's study and its lessons for the present and future. When this book was published in 1970, Telford Taylor had concluded that U.S. involvement in the war in Vietnam was an American tragedy: Somehow we failed ourselves to learn the lessons we undertook to teach at Nuremberg. What were those lessons? How acceptable were they? Which laws of war could realistically be enforced on a raging battlefield against an implacable foe? Forty years later, it is worth re-examining how it came about that this powerful and humanitarian country could have come to be seen by many as a giant prone to shatter what we try to save. -From the Introduction by Benjamin B. Ferencz Telford Taylor [1908-1998] was chief counsel for the prosecution at the Nuremberg Trials. Later Professor of Law at Columbia University, he was a vigorous opponent of Senator Joseph McCarthy and an outspoken critic of U.S. actions during the Vietnam War. His books include Sword and Swastika: Generals and Nazis in the Third Reich (1952), Grand Inquest: The Story of Congressional Investigations (1955) and The Anatomy of the Nuremberg Trials: A Personal Memoir (1992). Benjamin Ferencz, a member of Taylor's legal staff, was the Chief Prosecutor for the United States at the Nuremberg War Crimes Trial. He is the author of Defining International Aggression-The Search for World Peace (1975), Adjunct Professor of International Law, Pace University and founder of the Pace Peace Center.

This analytical study provides a fascinating examination of the circumstances of African-Americans during the first thirty years following the abolition of slavery and insights into the biases of nineteenth-century social science. Its chapters consider population factors, vital statistics, including anthropometry, race amalgamation and social and economic conditions. Hoffman, the statistician of the Prudential Insurance Company of America, based his book on research materials collected in his study of African-Americans. He concludes that, as of 1896, the lives of African-Americans did not demonstrably improve after abolition. As the legal historian Paul Finkelman notes in the introduction: By employing the beguiling methodology of statistical analysis and other tools of the emerging social sciences, the work justified, among other things, massive racial discrimination in the insurance industry.

vii (i-vii new Introduction), x, 329 pp.

Widely read and used as a political science textbook, this is the best known of Lieber's work. He was a prominent political philosopher who helped lay the foundation for the study of political science in the United States. Renowned for his theory of civil liberty presented here, which combined an appreciation for the English concept of decentralized political institutions with the German idea of an overall national purpose, he bridged the intellectual gap between Europe and America. Enlarged edition in one volume, having first been published in two volumes in 1853. xiv, 629 pp.

CLASSIC STUDY OF AMERICAN LABOR ECONOMICS 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, Commons 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 forces shaping the economic system. John R. Commons has contributed in one way or another to practically every piece of social and labor legislation that has been enacted in the 20th century. --JACK BARBASH, Monthly Labor Review, May 1989, Vol. 112, No. 5 An] . . . 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.-- WESLEY MITCHELL, American Economic Review, XIV (1924) 253 John R. Commons 1862-1945] was a Professor of Economics at the University of Wisconsin. He was the author and editor of numerous works, and established his reputation with his editorial contributions to A Documentary History of American Industrial Society (1910-1911). He was the author of The Distribution of Wealth (1893), Institutional Economics (1934) and co-author of the History of Labor in the United States (1918-1935). Commons drafted much of the nationally influential labor legislation for the state of Wisconsin that gave unions legal privileges, offered compulsory unemployment insurance to workers and established the first system of workers' compensation in the United States. Due to these path-breaking reforms, he is considered to be the spiritual father of the Social Security Act.

Kant's Master Work Published in 1797, The Philosophy of Law Rechtslehre] stands as one of the most significant late works by the great Prussian philosopher. Though he lived in an atmosphere of political and social repression, it is evident that Kant was sensitive to the revolutionary spirit that was spreading throughout Europe in the wake of Napoleon's armies. Claiming that man is born with reason and an innate desire for freedom, he argued that the union of these natural gifts could bring about a new sense of order and harmony in future generations. This edition also reprints Kant's later Supplementary Explanations (1797), which was added to the second edition (1798). Immanuel Kant 1724-1804] was the foremost thinker of the late Enlightenment and one of the greatest figures in the history of Western philosophy. Concerned principally with epistemology, ethics and aesthetics, his work synthesized trends initiated by Rationalism and Empiricism; it has been a significant influence in the subsequent development of philosophy, religion and law.

Two Important Early Accounts of the Infamous Salem Witchcraft Trials Based on Primary Sources, with Notes and Explanations by Samuel P. Fowler.

Published in 1693, Wonders of the Invisible World by Cotton Mather 1663-1728] is an account of selected trials written at the request of the judges, who wished to address claims of impropriety. Though he believed in witchcraft, Mather was critical of the judges' conduct when the trials were underway. After reading the transcripts, however, he concluded that the verdicts rested on ample evidence according to the standards of English and American law.

Published in 1700, More Wonders of the Invisible World, Or The Wonders of the Invisible World Displayed by Robert Calef 1648-1719] attacked Mather's account. Skeptical about the existence of witchcraft, he argued for the injustice of the trials and suggested, moreover, that Mather influenced the judges and public opinion. A well-documented and devastating account, it was the first important publication to show that the trials were a miscarriage of justice.

More Wonders of the Invisible World engendered a critical reaction in the form of a book entitled Some Few Remarks, upon a Scandalous Book, against the Government and Ministry of New-England. Written, by one Robert Calef. Detecting the Unparrallel'd Malice and Falsehood of the said Book; and Defending the Names of several particular Gentlemen, by him therein aspersed and abused. Composed and Published by several Persons belonging to the Flock of some of the Injured Pastors, and concerned for their Just Vindication (Boston: Printed by T. Green, Sold by Nicholas Boone, 1701). In the section To the Christian reader it describes Calef's book as containing venome (sic) and false narrations, and odious representations.

Originally published: Salem: H.P. Ives and A.A. Smith, 1861. xxi, 22]-450 pp.

Samuel P. Fowler 1800-1888] was a member of the Massachusetts Constitutional Convention held in Boston in 1853. He is the author of An account of the life, character, &c., of the Rev. Samuel Parris, of Salem Village, and of his connection with the witchcraft delusion of 1692 (1857). Fowler's library was recognized for its breadth of works related to witchcraft and American history.

Cotton Mather 1662-1728], the son of Increase Mather, took over for his father as Pastor of the Old North Church in Boston in 1685. Mather is known for his founding role in the Salem witchcraft trials.

Robert Calef 1648-1719], a member of the Baptist Church in Boston, denounced the Salem witchcraft trials and in particular criticized Mather's zeal in promoting the trials.

A comprehensive reference that includes a useful English-Latin law glossary and an extensive bibliography (centered on English-language publications) that covers all of the dictionary's topics. A formidable research tool. Originally published: Philadelphia: The American Philosophical Society, 1953] (Transactions of the American Philosophical Society; New Series, Volume 43, Part 2, 1953). ii], 333-808 pp.

This dictionary is intended to meet the needs of the student with little or no knowledge of Roman law or indeed of Latin. It seeks to provide a brief picture of Roman legal institutions and sources as a sort of first introduction to them. A very large number of brief-usually very brief-entries provide explanations of Roman legal terms, civil and criminal, and summary accounts of the sources. This is a formidable task to undertake single-handed, and Dr. Berger is to be congratulated on the great learning and thoroughness with which he has carried it through. ... The work ends with a remarkable general bibliography listing some fifteen hundred works under headings ranging from the main divisions of the law to 'Christianity and Roman Law' and 'Roman law in non-juristic sources.' This last is particularly valuable.--BARRY NICHOLAS 44 Journal of Roman Studies 160 (1954)

The publication of Mr. Adolf Berger's encyclopedic dictionary of Roman law is a very important accomplishment in the recent history of American legal scholarship. The American legal world owes him homage for putting at its disposal the scholarship of twentieth-century European Romanism, or indicating the entrances thereto. --MITCHELL FRANKLIN 28 Tulane Law Review 412 (1953-1954)

A Useful Compendium of Legal Maxims and Phrases

Originally published: London: Sweet & Maxwell, 1915. viii, 300 pp. The perfect book for that considerable number of law students and lawyers with little or no knowledge of Latin. For those already proficient in Latin, the interest in this volume will lie in the large collection of legal maxims and phrases. The annotations are commendable for their brevity and unpretentious simplicity.

E. Hilton Jackson 1869-1950] was a Latin instructor at Columbia University.

Originally published: San Francisco: Bancroft-Whitney Co., 1886. lx, 702 pp. Reprint of the first edition. This comprehensive work discusses all aspects of the writ of habeas corpus and its jurisdiction in English common law and United States federal and state courts. Includes an examination of issues of bail, foreign and interstate extradition, the return, pardon, custody, etc. and a thorough history of the writ that traces its history to the Roman edict.

William S mithers] Church is the author of several works including New Probate Law and Practice (1909) and A Digest of the Decisions of the Courts of Last Resort of the Several States (1896).

This treatise was the first comprehensive study of the United States Constitution, and one of the most important. Originally published: Philadelphia: Philip H. Nicklin, 1829. viii, 349 pp. Though concise, Rawle provides a systematic analysis of the Constitution's articles, as well as its historical background and philosophy. It is also a historically significant work because it suggests that states have a right to secede from the Union. A popular textbook used in schools with large numbers of southern pupils, such as the U.S. Military Academy, it and is generally considered to have influenced the leaders and supporters of the Confederacy).

Though admittedly a valuable and able study, Rawle's View of the Constitution stirred up controversy. Rawle himself was a Federalist, but his studies in government had led him to the judgment that the Union was not irrevocable. His final chapter on The Union includes a detailed statement that the right of secession was necessary to the fundamental right of a people to choose their own form of government. (. . .) In several ways, Rawle may be considered as providing the transitional step between the North and the South. His View was published midway between the inauguration of the Federal Government and the outbreak of the War Between the States. --Elizabeth Kelley Bauer, Commentaries on the Constitution, 1790-1860 63).

WILLIAM RAWLE 1759-1836] was a pillar of Pennsylvania's legal establishment and a highly regarded attorney and educator. In 1791 President George Washington appointed him the U.S. district attorney for Pennsylvania. In 1830 Rawle helped revise the civil code of Pennsylvania.

Originally published: Cambridge: Cambridge University Press, 1908. xxviii, 547 pp. Although Maitland never intended to publish these lectures, they have long been regarded as one of the best introductions to the English Constitution. Delivered in the winter of 1887 and spring of 1888, and edited and published in 1908 by one of Maitland's students, Herbert A.L. Fisher, they cover the period from 1066 to the end of the nineteenth century. Rather than a narrative historical format, they focus on describing the work of the constitution during five distinct moments in English history: 1307, 1509, 1625, 1702 and 1887. They provide an entry to some of the major concepts he later expounded in his seminal work written with Sir Frederick Pollock, The History of English Law.

Widely considered the father of modern legal history, FREDERIC WILLIAM MAITLAND 1850-1906] was an English jurist and historian best known for The History of English Law Before the Time of Edward I (1895), written with Sir Frederick Pollock. He was educated at Eton and Cambridge and studied at Lincoln's Inn, London. Maitland was called to the bar in1876 and practiced until 1884, when he became a reader in English law (1884) and professor (1888) at Cambridge. He founded the Selden Society in 1887. Hailed for his original outlook on history, his works had a profound influence on legal scholarship and remain important today.

Gierke [1841-1921] was one of the most influential legal scholars of the 19th and 20th centuries. As a jurist, he played an important role in the creation of Germany's 1900 Civil Code and the Weimar 1919 Constitution. As a legal historian, he was one of the first to study the role of social groups and the importance of associations in German life. Political Theories of the Middle Age is drawn from his definitive four-volume study on that subject, Das deutsche Genossenschaftsrecht [The German Law of Associations]. Maitland held this work in the highest esteem, not just for its command of sources, but for its conceptual framework. As he states in his introductory essay, which adds valuable insight into the nature of the state in Germany and England, it creates a perspective in which the outlines are large, the strokes are firm, and medieval appears as an introduction to modern thought.

lxxx, 197 pp.

Published after the Glorious Revolution of 1688 brought William of Orange and Mary to the throne, but written in the throes of the Whig revolutionary plots against Charles II in the early 1680s, John Locke offers a theory of natural law and natural rights which distinguish between legitimate and illegitimate civil governments, and argues for the legitimacy of revolt against tyrannical governments. These radical ideas remain influential today. In these two treatises the political philosopher John Locke espouses radical theories which influenced the ideologies of the American and French revolutions, and became the basis for the social and political philosophies of Rousseau, Voltaire and the United States founding fathers. In the first treatise Locke aims to refute the doctrine of the patriarchal and absolute right of the Divine Right of Kings doctrine put forth by Sir Robert Filmer's Patriarcha. He examines key Biblical passages to prove that scripture does not support Filmer's premise. The second treatise offers Locke's positive theory of government in which he establishes a theory which reconciles the liberty of the citizen with political order. His basic premise is founded on the independence of the individual. He declares that men are born free and equal in their rights and that wealth is the product of labor. In his revolutionary theory of the social contract he proposes that a legitimate civil government must preserve the rights to life, liberty, health and property of its citizens, and prosecute and punish those in violation of those rights. Reprint of the 1698 third edition.

A Rosetta Stone for Early English Legal Documents

By 1776, the year Wright published the first edition of Court-Hand Restored, the written conventions of early English legal documents, which had been taught for generations, were becoming esoteric. Concerned that younger lawyers would be unable to understand the work of their predecessors, Wright intended his work to be a kind of Rosetta stone. Long a standard work, this reference went through ten editions by 1912. It remains an indispensable guide when consulting early charters, deeds or records. The ninth edition, the source of our reprint, is preferred because it is the last issued with engraved plates (rather than the photostat plates used in the otherwise-identical tenth edition).

xviii, [94], 99 pp. Illustrated.

The Law of Nations outlined a plan for international law and diplomacy as we now know it. It set forth a system of international law that included principles of relationships between nations, international treaties, declarations of law and peace, rights and obligations of citizens and states, military service and commerce among nations. The Law of Nations had a profound influence on the Founding Fathers, most notably George Washington and Benjamin Franklin. Originally published in 1758, it was translated into English in 1760. Joseph Chitty, the distinguished English legal scholar, produced this edition to bring it to the attention of a wider audience. This is a reprint of the 1854 American edition of Chitty's edition with notes and references by Edward D. Ingraham.

The ornament of the Common Law. Lyttleton, His Treatise of Tenures, in French and English. A New Edition, Printed From the Most Ancient Copies, And Collated With the Various Readings of the Cambridge MSS. To Which Are Added The Ancient Treatise of the Olde Tenures, And the Customs of Kent. Originally published: London: S. Sweet, 1841. lv, 1], 727 pp. Paperback. New.

With index. Parallel text in Law-French and English. Written during the reign of Edward IV 1442-1483], Littleton's Tenures was much admired for its learning and style. It is concerned with the doctrines of old English Common Law regarding the tenures of real estate as well as issues related to real property. This venerable work, which Coke called the ornament of the Common Law, and the most perfect and absolute work that ever was written in any humane science, is a considered a landmark because it renounced the principles of Roman law in favor of a set of guidelines and doctrines drawn from the Year Books, and when necessary, hypothetical cases.

Sir Thomas Littleton 1402-1481] was a King's Serjeant, Judge of Assize and Justice of the Common Pleas.

T.E. Tomlins 1804-1872] was a notable legal writer and antiquarian. His is best known for his Popular-Law Dictionary (1838). (He is confused sometime with his uncle, Sir Thomas Edlyne Tomlins, the prolific legal writer and editor of the later editions of Jacob's Law-Dictionary.)