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Law & Legal History

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Law & Legal History

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Portraits of the English, Volume II: Law and Order, Audrey Collins

1 Portraits of the English, Volume II: Law and Order
Audrey Collins
(1999), 2004, 5½x8½, paper, 60 pp, Heritage Books
"Heads of the People" was published in 1840 as a two-volume set, edited by Douglas Jerrold, who also contributed several chapters. This volume contains extracts from that work. A number of the contributors, including Jerrold, were liberal or radical journalists who went on to write for Punch, which was established in the following year. The aim was to entertain the reader, but the authors also claimed a "moral seriousness of purpose" in portraying the many faces of the English, with their faults as well as their virtues. As well as describing the current state of affairs, the writers made no secret of their opinions. In particular, Douglas Jerrold's description of a public hanging is a strong condemnation of capital punishment. For the modern reader, these extracts provide a fascinating insight into life in the early years of Queen Victoria's reign. The Metropolitan Police was still in its infancy, but the image of the policeman even in those early days is one which endured for many years. The description of the judge has also changed remarkably little, even up to the present. Volume II engages the reader with characterizations of the policeman, the exciseman, the common informer, the judge, and the hangman.
Price: 6.50 USD



2 Inheritance in America: From Colonial Times to the Present
Carole Shammas, Marylyn Salmon, and Michel Dahlin
paper, 320 pages, index, bibliography
This is a highly recommended title for those researching their family history or interested in legal history.
Price: 24.95 USD



3 CD: Abridgement and Collection of the Acts of Assembly of the Province of Maryland
James Bisset
(1759), 2005, CD, Graphic Images, Adobe Acrobat, PC and Mac, 373 pp, Heritage Books
Mr. Bisset, as an attorney, believed that the inhabitants of the Province of Maryland should be familiar with the laws regulating their conduct, securing their liberties and properties and settling their social and mutual obligations and ties with one another. Since laws change over time, being repealed or amended, and new laws are passed, he felt that this volume would remedy any "uncertainty of what was and what was not Law…" since the last collection published in 1726. Mr. Bisset presents every "material Act at present in force, with all the subsequent Acts relating to any original Act immediately following…" and notes in the margin the year when enacted. He includes a full index, a table of the Acts contained in the collection and a table of all the Acts not inserted in this collection "so that upon comparing of both tables, any person will directly see that no material Law is omitted, nor any expired or repealed Act inserted."
Price: 15.95 USD

English Common Law in the Age of Mansfield, James Oldham.

4 English Common Law in the Age of Mansfield
James Oldham.
448 pages, 6 x 9 1/4, 20 illus., append., notes, bibl., index , paperback, University of North Carolina Press
In the eighteenth century, the English common law courts laid the foundation that continues to support present-day Anglo-American law. Lord Mansfield, Chief Justice of the Court of King's Bench, 1756-1788, was the dominant judicial force behind these developments. In this abridgment of his two-volume book, The Mansfield Manuscripts and the Growth of English Law in the Eighteenth Century, James Oldham presents the fundamentals of the English common law during this period, with a detailed description of the operational features of the common law courts. This work includes revised and updated versions of the historical and analytical essays that introduced the case transcriptions in the original volumes, with each chapter focusing on a different aspect of the law.
While considerable scholarship has been devoted to the eighteenth-century English criminal trial, little attention has been given to the civil side. This book helps to fill that gap, providing an understanding of the principal body of substantive law with which America's founding fathers would have been familiar. It is an invaluable reference for practicing lawyers, scholars, and students of Anglo-American legal history.

About Author
James Oldham is St. Thomas More Professor of Law and Legal History at Georgetown University Law Center.

"A proper understanding and appreciation of the role of this immensely important chief justice are essential for any scholar of English and American legal history. James Oldham has provided both, with erudition and skill."--David Konig, Washington University at St. Louis

"Until Oldham's original two-volume Mansfield Manuscripts was published, the legal history of the eighteenth century was something of a black hole, the subject having been very patchily investigated. This new volume makes Oldham's work on Mansfield more readily accessible, providing a history of English law in the age of Mansfield. Given the fact that contemporary Anglo-American common law has been developed out of that body of law, this volume is bound to be welcomed by the scholarly community."--A. W. Brian Simpson, University of Michigan Law School

Table of Contents
Editorial Statement
Part I: Mansfield and the Court of King's Bench
1 Lord Mansfield
2 The Court of King's Bench
Part II: Commerce and Contract
3 Contract and Quasi-Contract
4 Bankruptcy
5 Insurance
6 Negotiable Instruments
7 Usury
8 Prize and Trade
9 Intellectual Property
Part III: Crime and Tort
10 Libel
11 Restrictions on Religious Observance
12 Nuisance
13 Assault, False Imprisonment, and Offenses against Public Order and Welfare
14 Perjury
15 Negligence
16 Trespass and Trover
Part IV: Status and Property
17 Slavery
18 Marriage
19 Labor and Employment
20 Property and Wills
Appendix: Table of Regnal Years
Table of Statutes
Table of Cases
General Index
Price: 27.50 USD

Controlling Vice: Regulating Brothel Prostitution in St. Paul, 1865–1883, Joel Best

5 Controlling Vice: Regulating Brothel Prostitution in St. Paul, 1865–1883
Joel Best
184 pages, 6 x 9, paperback / softcover, Ohio State University Press
For eighteen years following the Civil War, the police in St. Paul, Minnesota, informally regulated brothel prostitution. Each month, the madams who ran the brothels were charged with keeping houses of ill fame and fined in the city's municipal court. In effect, they were paying licensing fees in order to operate illegal enterprises. This arrangement was open; during this period, the city's newspapers published hundreds of articles about vice and its regulation.
Joel Best claims that the sort of informal regulation in St. Paul was common in the late nineteenth century and was far more typical than the better known but brief experiment with legalization tried in St. Louis. With few exceptions, the usual approach to these issues of social control has been to treat informal regulation as a form of corruption, but Best's view is that St. Paul's arrangement exposes the assumption that the criminal justice system must seek to eradicate crime. He maintains that other policies are possible.
In a book that integrates history and sociology, the author has reconstructed the municipal court records for most of 1865-83, using newspaper articles, an arrest ledger kept by the St. Paul police, and municipal court dockets. He has been able to trace which madams operated brothels and the identities of many of the prostitutes who lived and worked in them.

About Author
Joel Best is a professor of sociology and chair of the Department of Sociology at Southern Illinois University. He is editor of the journal Social Problems and coauthor of Organizing Deviance.
Price: 17.95 USD

Law for the Elephant: Property & Social Behavior on the Overland Trail, John Phillip Reid

6 Law for the Elephant: Property & Social Behavior on the Overland Trail
John Phillip Reid
448 pages, 6 x 9, 1 map, 7 line illustrations, Huntington Library
For most of their journey, travelers on the overland trail to California in the 1840s and 1850s were beyond the reach of the law and its enforcers, the police and the courts. Yet, not only did the law play a large role in life on the trail, it was a law hardly distinguishable from the one the emigrants had left behind. John Phillip Reid demonstrates how seriously overlanders regarded the rights of property and personal ownership when they went west as he explores their diaries, letters, and memoirs, giving an unusually rich and vivid picture of life on the overland trail.

About Author
John Phillip Reid, Russell D. Niles Professor of Law at New York University School of Law, is the author of Policing the Elephant, Chief Justice: The Judicial World of Charles Doe and A Law of Blood: The Primitive Law of the Cherokee Nation, among many other works.

"Reid's research makes it clear from a cultural, political, and legal standpoint that respect for property and law was deep-seated in Americans. . . . A masterful example of the application of behavioral perspectives and legal analysis to a historical problem."--Reviews in American History
"Law for the Elephantis a significant and timely contribution to the maturing scholarship of American legal history. Fortunately, for the legal historians and scholars of the American frontier, John Reid, who must have 'seen the Elephant' more than once in blazing his own overland trail in quest of the sources for this book, proved as disciplined and imaginative as the emigrants he studies."--Kermit L. Hall, Detroit College of Law Review

"One need not be a lawyer, a student of the law, or a legal historian to enjoy this book, for its style and appeal are broad. . . . highly recommended and belongs on the 'must read' list for anyone interested in the westward movement."--Utah Historical Quarterly

"Reid has been incredibly imaginative in discovering the sources for law on the overland trail, and his pioneering work is likely to open up an entirely new field in the study of the American legal experience. This is a splendid and marvelously readable book."--Stanley N. Katz, Princeton University
Price: 15.00 USD

Black Laws of Virginia, June Purcell Guild

7 Black Laws of Virginia
June Purcell Guild
(1936), 1996, index, 249 pp, Heritage Books
A clasic treatment of the laws that affected blacks in Virginia. It illustrates the importance of knowledge of the law in doing historical or genealogical research. "Black Laws of Virginia" was originally published in 1936 this book deals exclusively with the status of the Virginia Negro, bond and free, as tracted through the laws, resolutions and ordinances of the Virginia Assembly beginning with the earliest records and coming down to the present [1936], with the addition of a few pertinent sections from Virginia constitutions.The content of _Black Laws_ is organized chronologically within generally thematic chapters. The chapter headings are as follows:1. The Struggle for Racial Integrity, 1630-19322. Servants and Slaves in the Sixteen Hundreds, 1623-16913. Slaves and Servants in the Seventeen Hundreds, 1701-17984. Slaves in the Eighteen Hundreds, 1801-18665. Free Persons of Color and Slaves, 1670-18826. Taxes, Civil Rights and Duties of Negroes and Others, 1623-19307. Criminal Law and the Negro, 1692-19288. The Development of Free Compulsory Education for Negroes and Whites, 1631-19369. War and the Negro, 1723-192810. Abolition and Emancipation, 1776-1870
Price: 18.00 USD

Women and the Law of Property in Early America, Marylynn Salmon.

8 Women and the Law of Property in Early America
Marylynn Salmon.
285 pages, paperback, University of North Carolina Press
In this first comprehensive study of women's property rights in early America, Marylynn Salmon discusses the effect of formal rules of law on women's lives. By focusing on such areas such as conveyancing, contracts, divorce, separate estates, and widows' provisions, Salmon presents a full picture of women's legal rights from 1750 to 1830.
Salmon shows that the law assumes women would remain dependent and subservient after marriage. She documents the legal rights of women prior to the Revolution and traces a gradual but steady extension of the ability of wives to own and control property during the decades following the Revolution. The forces of change in colonial and early national law were various, but Salmon believes ideological considerations were just as important as economic ones.
Women did not all fare equally under the law. In this illuminating survey of the jurisdictions of Connecticut, Massachusetts, New York, Pennsylvania, Maryland, Virginia, and South Carolina, Salmon shows regional variations in the law that affected women's autonomous control over property. She demonstrates the importance of understanding the effects of formal law on women' s lives in order to analyze the wider social context of women's experience.

About Author
Marylynn Salmon is coauthor of Inheritance and the Evolution of Capitalism and the Family in America.

"Provides a clear and systematic empirical survey of the evolution of women's property rights; all students of women's history, legal history, and early American history should read it."--Southern Historian
Price: 23.95 USD

The History of Ohio Law, Michael Les Benedict and John F. Winkler

9 The History of Ohio Law
Michael Les Benedict and John F. Winkler
952 pages, 6 x 9 1/4, 952 pages • 2-volume boxed set, 6¹/8 × 9¼ in. • Hardcover, 2004, cloth, Ohio University Press / Swallow Press
History of Ohio Law is a complete sourcebook on the origin and development of Ohio law and its relationship to society. A model for work in this field, it is the starting point for any investigation of the subject.
In the two-volume The History of Ohio Law, distinguished legal historians, practicing Ohio attorneys, and judges present the history of Ohio law and the interaction between law and society in the state. The first history of Ohio law in nearly seventy years- and the most comprehensive compilation of essays on any state's law- its twenty-two topics range from the history of Ohio's constitutional conventions and legal institutions to the history of civil procedure, evidence, land use, civil liberties, and utility regulation.
The essays describe Ohio's legal institutions, legal procedures, and the substance of Ohio law as it has changed over time. Other essays describe how social, cultural, political, and economic institutions have affected Ohio law and how the law has affected them. The essays provide important information to practitioners and offer attorneys, legal scholars, historians, and the public a broad understanding of the relationship between law and society in Ohio.
Going beyond the technical law, The History of Ohio Law deals with the intersections between law and race, gender, and labor. Insightful essays also discuss the development of Ohio's legal literature, the impact of federal courts, and Ohio's most important contributions to American constitutional development. Written by twenty-two leading lawyers and historians, The History of Ohio Law will be the indispensable reference and invaluable first source for learning about law and society in Ohio.

About Author
Michael Les Benedict is a professor of history at the Ohio State University. He is a noted scholar of American legal and constitutional history and the author of The Blessings of Liberty, a leading constitutional history textbook.

John F. Winkler is a Columbus lawyer with a civil litigation practice. A graduate of Yale College, he has graduate degrees from McGill and Harvard and a law degree from Ohio State.

“(A)n utterly exceptional publication.” —Ohioana Quarterly
Price: 75.00 USD

The Most Dangerous Branch: Slavery, the Courts and the Constitution, Randall C. Young

10 The Most Dangerous Branch: Slavery, the Courts and the Constitution
Randall C. Young
2005, 5½x8½, paper, index, 362 pp, Heritage Books
A comprehensive history of the Federal jurisprudence of slavery, The Most Dangerous Branch offers a unique perspective on slavery as an American institution. This thorough review of all-but-forgotten pleas for freedom will challenge many popularly held beliefs about American history, including the meaning of the Constitution, the South's purported quest for states' rights, and the limits of modern judicial authority. It will also change how many people feel about the role of judges in our society. The early chapters of the book explain how the Founding Fathers wrestled with the idea of slavery as they drafted the Constitution. The Fugitive Slave Clause, the Commerce Clause, the Privileges and Immunities Clause and other provisions created Constitutional questions regarding slavery. The balance of the book presents and evaluates many forgotten legal cases pertaining to slavery. It also examines the impact of infamous cases such as the Dred Scott Decision and the Amistad. Knowing that a case would be decided differently today indicates the role that perception and prejudice play in the courts. This fluid and orderly narrative brings into focus the influence of slavery in the history of our legal system.
Price: 34.00 USD



11 CD: The Statutes at Large; Being a Collection of all the Laws of Virginia from the First Session of the Legislature, in the Year 1619. Volumes 1-13
William Waller Hening
(1819-23), 2003, CD, Graphic Images, Adobe Acrobat, v5, PC and Mac, 8501 pp, Heritage Books
In 1795 the Virginia Legislature passed an act directing that all laws and clauses of laws, public or private, relating to lands, tenements, or hereditaments, within the commonwealth, passed since the first settlement of Virginia should be collected. These 13 volumes covering the years 1619-1792 were the result of this legislation. In addition to the text of the acts, Mr. Hening included a number of historical documents: ancient charters, extracts from the records of the General Court, proclamations, documents pertaining to Bacon's rebellion, and other material of historical importance (some no longer available from any other source). "No other state in the Union possesses so excellent a work on its legislative history." In Hening's own words, these volumes "will be found to contain a rich treasure of information relative to the state of society among the first settlers; their religious intolerance; the rise, progress and establishment of our civil institutions; and…such political events as afford a lesson to posterity of something worthy to be imitated and something to be shunned." Each volume contains a general index to aid the researcher.
Price: 49.95 USD


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