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

Along with those of Black and Anderson, Ballentine's is one of the most important American dictionaries of the modern era. Originally published: Indianapolis: The Bobbs-Merrill Company, 1916]. vi], 632 pp. Reprint of the uncommon first edition. Containing over 18,000 entries and a 97-page index of American and English law and equity reports, it is renowned for its concision and accuracy. Immediately popular, it went through three editions by 1969 and served as the basis of Ballentine's College Law Dictionary (first edition, 1931) and the Self-Pronouncing Law Dictionary (1948). The 1916 edition retains its value as a handy but thorough one-volume reference.

JAMES A. BALLENTINE was Assistant Professor of Law at the University of California and Dean of the San Francisco Law School.

Originally published: Chapel Hill: The University of North Carolina Press, 1940. viii, 436 pp. This was the first comprehensive treatise on the legal status of the African-American as interpreted by United States courts in cases involving civil rights and citizenship. Some of the topics examined in this work are land ownership, involuntary servitude, segregation, failure to provide accommodations in charitable and penal institutions, interracial marriage, illegitimate offspring and adoption, as well as consideration of such factors as mob domination at trials of African-Americans, race discrimination in jury selection, racial prejudice of jurors, the voting franchise during reconstruction and its aftermath and attempts to keep African-Americans away from the polls. While lacking a table of cases per se, the treatise is well-annotated with citations to relevant cases, and includes a bibliography and index.

Charles S. Mangum, Jr. 1902-1980] was a Research Fellow at the University of North Carolina. His other notable work is The Legal Status of the Tenant Farmer in the Southeast (1952).

An enormous compendium of cases, it is a product of sound and painstaking scholarship, brilliant in design, thorough in execution, and deft in style.
-Jerome H. Springarn, Columbia Law Review (1940) 40:1118.

It is the first comprehensive collection of legal materials in its field. Marke, A Catalogue of the Law Collection of New York University (1953) 334.

Upon publication The Law Quarterly Review praised this book, noting that great learning is manifest in these pages. Originally published: Ithaca: Cornell University Press, 1940. ix, 162 pp. McIlwain examines of the rise of constitutionalism from the democratic strands in the works of Aristotle and Cicero through the transitional moment between the medieval and the modern eras. He concludes with a discussion of the forces of despotism that were threatening constitutionally based individual freedom in the 1930s. Reprint of the first edition.

Biblical Law: Being a Text of the Statutes, Ordinances, and Judgments Established in the Holy Bible with Many Allusions to Secular Laws: Ancient, Medieval, and Modern, Documented to the Scriptures, Judicial Decisions, and Legal Literature Clark offers a systematic presentation of the commandments, precedents and customs found in the King James Version of the Bible. Following the organization of a legal text, the work is divided into sections on General Principles, Political Law, Civil Law, Economics and Welfare, General Laws, Penal Law, Crimes and Punishment, and Procedure and Administration of Law. 'A PANDECT of Profitable Laws, against Rebellious Spirits ' Thus the Scriptures are described in the preface to the King James Version. Indeed, the Holy Bible is not only a repository of early laws; it is the code at once most ancient and best known by those who have been observers of the Christian Creed; and to it our later laws and governmental processes are, in essential and enduring parts, immediately indebted. (. . .) T]he author, in order that Biblical law may be of easy access-has extracted the many commandments, precedents and customs which are to be found throughout the sacred writings and has sought to present them logically and systematically, in the style of a modern law book. -- Preface, v

Lauterpacht's influential study uses models drawn from private law for the interpretation and development of international law. Lauterpacht expounds upon this subject with a useful discussion of international arbitration and international tribunals, and refers to numerous cases. Sir Hersch Lauterpacht 1897-1960], one of the greatest scholars of modern international law, was the Whewell Professor of International Law at Cambridge and a judge of the International Court of Justice. The Lauterpacht Centre for International Law at Cambridge University is named in his honor. Dr. Lauterpacht has made a valuable and scholarly addition to the literature on international law. There has been a good deal of adverse criticism-some of it quite just-on the practice of conducting the argument of a question of international law by pure analogies to civil law. The learned author deprecates the rejection of this mode of reasoning, and develops the thesis that in the great majority of cases its employment has had a beneficial influence on the development of international law. It seems to us that Article 38 (3) of the Statute of the Permanent Court of International Justice, by adopting 'general principles of law recognized by civilized states' as ancillary sources of law for use by the Court, made Dr. Lauterpacht's view not only correct but also inevitable. A book of this kind was bound to come sooner or later, and it is satisfactory that it has been written by one who is an expert. --Percy H. Winfield, Cambridge Law Journal 3 (1927-1929) 322.

Reprint of the second revised and enlarged edition, being a completely revised version of the first edition which was published in 1934. Kelsen 1881-1973], was the author of more than forty works on law and legal philosophy, and is best known for this title and General Theory of Law and State. He was also the author of the Austrian Democratic Constitution, which was published in 1920, abolished during the Nazi regime, restored in 1945, and in force today. Walker calls Kelsen possibly the most influential jurisprudent of the twentieth century. Walker, Oxford Companion to Law 699.

Cardozo examines the meaning of justice, the science of values and the relationship between individual and society. Originally published: New York: Columbia University Press, 1928. v, 142 pp.

His many references in these lectures to Greek philosophy show how great a part his early classical training played in the formation of his ideas; in relating his general principles to the concrete cases which, in his words, he used as a kind of legal litmus paper, he was a true Aristotelian. --ARTHUR L. GOODHART, Five Jewish Lawyers of the Common Law 59-60.

The 'paradoxes' or puzzles of legal science are, in many cases, not peculiar to the law, as Judge Cardozo's discussion impliedly recognizes. In legal controversies there happen to be presented, in formal opposition, the conflicting claims which it is the function of all who work with and for men -- legislators, administrators and judges -- to attempt to adjust in some manner that will result in a minimum of friction in the social order. -- U.S. Law Review 63 (1929):555

BENJAMIN N. CARDOZO 1870-1938] was an associate justice of the Supreme Court and one of the most influential American jurists of the twentieth century. The Paradoxes of Legal Science was published when he was chief judge of the New York Court of Appeals. It is based on his James S. Carpentier Lectures delivered at Columbia University in 1927-1928.

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).

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

A Substantial Collection of Legal Maxims That is Now an Accepted Classic Each maxim is expertly translated, and enhanced by Broom's knowledgeable explanatory essays that provide the source and meaning, and are in themselves extremely well-annotated. Taken in light of his excellent classification system, Broom's essays will facilitate an understanding of the principles of common law. This popular book obtained a wide circulation and went through many editions, this being a reprint of the eighth (and last) American edition of 1882. Includes an Alphabetical List of Legal Maxims, a Table of Cases and Index. His is the very best book of the kind extant. -J.G. Marvin, Legal Bibliography 152 Herbert Broom 1815-1822] was educated at Trinity College, Cambridge, and was called to the bar at the Inner Temple in 1840, where he occupied the post of reader of common law. He was the author of two novels and several works on different aspects of law, including Commentaries on the Common Law (1856), Constitutional Law Viewed in Relation to Common Law and Exemplified by Cases (1866) and Philosophy of Law: Notes and Lectures 1876-8. CONTENTS Ch.I. Sec. I. Rules Founded in Public Policy Sec. II. Rules of Legislative Policy Ch. II. Maxims Relating to the Crown Ch. III. Sec. I. The Judicial Office Sec. II. The Mode of Administering Justice Ch. IV. Rules of Logic Ch. V. Fundamental Legal Principles Ch. VI. Acquisition, Enjoyment and Transfer of Property Sec. I. The Mode of Acquiring Property Sec. II. Property-Its Rights and Liabilities Sec. III. The Transfer of Property Ch. VII. Rules Relating to Marriage and Descent Ch. VIII. The Interpretation of Deeds and Written Instruments Ch. IX. The Law of Contracts Ch. X. Maxims Applicable to the Law of Evidence

Originally published: Baltimore: Geo. Dobbin and Murphy, 1809. xxviii, iv, 211, 5] pp. Reprint of the first significant American treatise on admiralty law. An extended discussion of American admiralty practice and a useful compendium of relevant cases, Hall's treatise includes a history of Anglo-American admiralty law. First published posthumously in London in 1667 and translated into English in 1722, a valuable feature of this work is its translation of Francis Clerke's Praxis Curiae Admiralitatis Angliae, a work of unquestionable credit according to Lord Chancellor Hardwicke. Hall's 1809 translation, which is better than its predecessor, incorporated materials from manuscripts unavailable previously. In addition, he added a history of Anglo-American admiralty law, an extended discussion of American admiralty practice and a useful compendium of relevant cases.

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. William Forsyth 1812-1899] was an English lawyer and author of many works on law and literature, including History Of Trial By Jury (1852). CONTENTS CHAPTER I. Advocacy in Theory CHAPTER II. The Athenian Courts CHAPTER III. Sketch of the Roman Law and the Roman Courts During the Republic CHAPTER IV. Advocacy in Ancient Rome CHAPTER V. Some Account of the Advocates or Rome During the Republic CHAPTER VI. The Bar Under the Empire, and in the Middle Ages CHAPTER VII. The Noblesse de la Robe CHAPTER VIII. Advocacy in England CHAPTER IX. The Honorarium CHAPTER X. Forensic Casuistry

Reprint of the fifth edition, the final authorial edition of Cooley's most important work. It went through six editions by 1890 and was cited more often that any other legal text in the late nineteenth century. This classic legal commentary on the Constitution examines the construction of state constitutions and the enactment of laws and ranks with Story among the foremost commentators on the Constitution. Walker, Oxford Companion to Law 288. Originally published: Boston: Little, Brown and Co., 1883.

xii], 250 pp. Originally published: San Francisco: Austin & Winfield, 1992. Palmer's fascinating study analyzes the ingrained tendency to prevent third party beneficiary actions through a historical account of privity of contract. Chapter I discusses the origins and historical questions surrounding the issue of privity. Chapter II covers the triumph of consideration in the formative period, 1500-1680. Chapter III outlines the expansion in the chancery phase, 1680-1800, and Chapter IV deals with the rise of the parties-only principle at law and equity during the 1800s.

VERNON VALENTINE PALMER is the Thomas Pickles Professor of Law and Co-Director of the Eason Weinmann Center for Comparative Law at Tulane University. He is the author of more than forty books and articles, including Through the Codes Darkly: Slave Law and Civil Law in Louisiana (2012), Mixed Jurisdictions Worldwide: The Third Legal Family (2nd ed., 2012), Mixed Jurisdictions Compared: The Private Law of Louisiana and Scotland (co-edited with Elspeth Reid) (2009), The Louisiana Civilian Experience: Critiques of Codification in a Mixed Jurisdiction (2005), Strict Liability in Europe (co-edited with Franz Werro) (2004), Pure Economic Loss in Europe (co-edited with Mauro Bussani) (2003) and Louisiana: Microcosm of a Mixed Jurisdiction (1999).

The landmark work that influenced the development of modern American law. Originally published: Boston: Little, Brown & Co., 1881. xvi, 422 pp. This landmark work, which, according to Winfield, blew fresh air into lawyer's minds encrusted with Blackstone and Kent, was a decisive influence on sociological jurisprudence, legal realism and the general development of American law in the twentieth century. (Percy H. Winfield, Chief Sources of Anglo-American Law 38.)

Rejecting the reigning positivist ethos of the nineteenth century, Holmes proposed that the law was not a science founded on abstract universal principles but a body of practices that responded to particular situations. This functionalist interpretation led to his radical conclusion that law was not discovered, but invented. This theme is announced in the famous quote at the beginning of Lecture I: The life of the law has not been logic: it has been experience.

xv, 302 pp. Originally published: Oxford: At the Clarendon Press, 1946. Compiled and edited by A.L. Goodhart and H.G. Hanbury, editors of the last four volumes of Holdsworth's History of English Law, this volume presents a selection of seventeen essays by the great legal scholar. Highlights from his long and prolific career, they address such topics as martial law, the English constitution, case law, equity, trusts, libel, law reporting, contracts and land law.

These essays tend to enlarge the mind and to stir the imagination. They are the work of one of the most distinguished of the great line of English legal historians. --Bernard L. Shientag, Columbia Law Review 47 (1947) 1255

WILLIAM S. HOLDSWORTH 1871-1944] was a professor of constitutional law at Cambridge from 1903-1908 and the Vinerian Professor of English Law at Oxford from 1922-1944. He is well-known for his monumental History of English Law (1st ed. 1908) and other works, such as Charles Dickens as a Legal Historian (1929) and Some Makers of English Law (1938).

ARTHUR LEHMAN GOODHARD 1891-1978] was an American-born British academic jurist and lawyer. He was editor of the Cambridge Law Journal from 1921 to 1925, editor the Law Quarterly Review in 1926, a professor of jurisprudence at Oxford University from 1931-1951 and the first American to be the master of an Oxford College.

HAROLD GREVILLE HANBURY 1898-1993] was a Fellow at Lincoln College, Oxford, from 1921-1949 and All Souls College, Oxford, from 1949-1964. His works include Modern Equity: Being the Principles of Equity (1935), The Principles of Agency (1952) and The Vinerian Chair and Legal Education (1958).

From the Celebrated Four-language Edition of the Nakaz. A major document of the Enlightenment, the Nakaz, or Instruction, composed by Catherine the Great served to guide the assembly summoned in 1766 to draft a new code of laws for the Russian Empire. Drawn from Montesquieu, Rousseau, and other Enlightenment thinkers, the Nakaz condemned torture and capital punishment and endorsed such principles as the equality of all before the law. Published in the principal European tongues, it proved to be a statement to the world as much as a practical legal text. The present edition contains the Russian, French, German, Latin, and two contemporary English translations, biographical notes, and a bibliography. William E. Butler is the John Edward Fowler Distinguished Professor of Law and Director of the Vinogradoff Institute at the Pennsylvania State University Dickinson School of Law and Emeritus Professor of Comparative Law at University College London; Academician of the National Academy of Sciences of Ukraine and the Russian Academy of Natural Sciences.

Renowned for its impeccable legal reasoning and lucid prose, this compelling study is based on a close reading of the four gospels. It reconstructs the accounts of Mathew, Mark, Luke and John and examines their discrepancies. The final two chapters put these accounts into the context of Jerusalem's legal and political environment. Radin's goal is not to pass judgment, but to reconstruct one of the most significant events in history, which he does with remarkable skill. ix, 266 pp.