A Treatise On Obligations Considered In A Moral And Legal View

Translated by Francois-Xavier Martin. Originally published: NewBern, N.C.: Martin & Ogden, 1802. 2 vols. in 1 book. xii (iii-xii new introduction), xii], 364; ix], 315, 1] pp. With a new introduction by Warren M. Billings, Distinguished Professor of History, Emeritus, University of New Orleans and Bicentennial Historian of the Supreme Court of Louisiana. Reprint of the rare New Bern edition. In the decades before the Civil War this classic treatise was required reading for practitioners, scholars and law students. Martin, an attorney and printer in New Bern, North Carolina, later a distinguished lawyer in Louisiana, gained distinction for this translation. This treatise was an important influence on British and American contract law. Marvin quotes and endorses an assessment by Luther Cushing that includes the following remark by one of Pothier's earlier editors, Andr Dupin: " Pothier on Obligations] is not only a good book of law, but an excellent book on morals; a work of all countries, of all nations; a book, to which antiquity can present to rival but the Offices of Cicero." John Gage Marvin, Legal Bibliography (1847) 578. "The Treatise on Obligations was soon recognized as a major contribution to legal science."--David M. Walker, Oxford Companion to Law 973. ROBERT JOSEPH POTHIER 1699-1772] was arguably the greatest French jurist of the eighteenth century. A brilliant scholar, he is renowned for his treatises on Roman law and the various branches of French civil law, which were primary sources for the French Civil Code. FRANCOIS-XAVIER MARTIN 1762-1846], a Frenchborn lawyer, judge, author, translator, printer and historian, is an important figure in the legal history of the south. His career began in North Carolina. He later moved to the Louisiana territory, where he played the central role in the reorganization of its legal system. Appointed attorney-general when Louisiana became a state, he is considered the father of Louisiana jurisprudence.

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'Law Books in Action: Essays on the Anglo-American Legal Treatise' explores the history of the legal treatise in the common law world. Rather than looking at treatises as shortcuts from 'law in books' to 'law in action', the essays in this collection ask what treatises can tell us about what troubled legal professionals at a given time, what motivated them to write what they did, and what they hoped to achieve. This book, then, is the first study of the legal treatise as a 'law book in action', an active text produced by individuals with ideas about what they wanted the law to be, not a mere stepping-stone to codes and other forms of legal writing, but a multifaceted genre of legal literature in its own right, practical and fanciful, dogmatic and ornamental in turn. This book will be of interest to legal scholars, lawyers and judges, as well as to anyone else with a scholarly interest in law in general, and legal history in particular.

Black, Henry Campbell. A Treatise on the Law of Income Taxation under Federal and State Laws. Kansas City: Vernon Law Book Co., 1913. xlii, 403 pp. Reprinted 2002 by The Lawbook Exchange, Ltd. ISBN 1-58477-237-9. Cloth. $85. * In 1913, the Sixteenth Amendment, which authorized income taxation, was ratified by the required three-fourths majority of states. Black [1860-1927] published this work soon after this historic event in order to define the nature of taxable income, explain the history of income taxation and defend the government's right to impose it. He is guided throughout by a Progressive-Era belief in the federal government as an agent of social reform. Black is also the author of the well-known Law Dictionary.

Although presented as being derived from the past, principles in contract law have been subject to constant reformulation, thereby facilitating legal change while simultaneously seeming to preclude it. Principle and policy have been mutually interdependent, propositions not usually being called principles unless they have been perceived to lead to just results in particular cases, and as likely to produce results in future cases that accord with common sense, commercial convenience and sound public policy. The influence of policy has been frequent in contract law, but Stephen Waddams argues that an unmediated appeal to non-legal sources of policy has been constrained by the need to formulate generalised propositions recognised as legal principles. This interrelation of principle and policy has played an important role in enabling an uncodified system to hold a middle course between a rigid formalism on the one hand and an unconstrained instrumentalism on the other.

Laussat, Anthony. An Essay on Equity in Pennsylvania. Philadelphia: Published for the Institution, by Robert Desilver, 1826. vi, [7]-157, [2] pp. Reprinted 2002 by The Lawbook Exchange, Ltd. LCCN 00-067115. ISBN 1-58477-139-9. Cloth. $60. * Written in 1825 and submitted as a dissertation to the Law Academy of Philadelphia. Laussat [1806-1833], a Philadelphia lawyer, traces the history of equity in the state, paying particular attention to the influence of Quaker beliefs and English Common Law. Although the work takes as its subject the law of equity in Pennsylvania, he views equity in its most profound sense, as the foundation of moral law. This study received high praise from Chancellor Kent, John Marshall, and George Sharswood. Cohen, Bibliography of Early American Law 4976.