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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. Vladimir A. Tomsinov is the
Head of the Chair of the History of State and Law, Moscow Lomonosov
State University.
The first English translation of De Jure Belli et Pacis Libre Tres
(by Clement Barksdale). In this momentous work Grotius describes
situations in which war is a valid tool of law enforcement and
outlines principles for the use of force. Though based on Christian
natural law, Grotius advances the novel argument that his system
would still be valid if it lacked a divine basis. In this regard he
points to the future by moving international law in a secular
direction. This 1655 edition is the first English translation of De
Jure Belli et Pacis Libre Tres (1625). Barksdale's edition "is
perceived to be part of a larger movement in England aimed partly
at setting out an ideological alternative to reformation proposals
under discussion and to clarifying the relations between civil and
ecclesiastical authority in England" (Butler, xii). "Barksdale
became a veritable "Grotian" factory, the full measure of which has
never been appreciated." --WILLIAM E. BUTLER, xii HUGO GROTIUS
1583-1645], a pre-eminent contributor to international legal
doctrine, was an influential Dutch jurist, philosopher and
theologian. Grotius is also known for Mare Liberum (1609), which
argues against territorial sovereignty of the seas.
One of the greatest figures in modern international law, James
Brown Scott 1866-1943] intended to publish an autobiography titled
Adventures in Internationalism. He wrote a few paragraphs for this
book, but he never completed it. He decided instead to entrust his
life's story to George A. Finch, a protege and friend. Finch began
work on a biography with Scott's participation in the late 1930s,
but he never completed it. Using Finch's manuscripts and notes
Butler has produced a compelling study of Scott's key role in the
international law movement, participation in several important
diplomatic conferences and work as an author, secretary of the
Carnegie Endowment for International Peace and guiding force behind
the American Society of International Law. " Scott] fathered and
fostered the development of international law during the greatest
period of its history." --Manley O. Hudson, Harvard Alumni Bulletin
XXXIII No. 14 (1 January 1931) 419. George A. Finch 1884-1957] was
James Brown Scott's assistant and literary executor. He served as
assistant director of the Division of International Law at the
Carnegie Endowment, and, upon Dr. Scott's retirement, became that
division's secretary and director. He was president of the
Inter-American Academy of International and Comparative Law and
held several positions at the American Society of International
Law. At the time of his death he was honorary vice-president of the
society and the honorary editor of its journal. He was the author
of The Sources of Modern International Law (1937). William E.
Butler is the John Edward Fowler Distinguished Professor of Law at
Penn State University's Dickinson School of Law. He is the
preeminent authority on the law of Russia and other former Soviet
republics and the author, co-author, editor, or translator of more
than 120 books on Soviet, Russian, Ukrainian and other Commonwealth
of Independent States legal systems. Professor Emeritus of
Comparative Law at the University of London, Professor Butler is
the founder and director of The Vinogradoff Institute, which
operates as a unit of Penn State Dickinson. The recipient of
numerous honors for his service to Russian and international law,
Professor Butler is an Academician of the National Academy of
Sciences of Ukraine and the Russian Academy of Natural Sciences and
is serving his third term as a member of the Russian International
Court of Commercial Arbitration.
The First English-Language Treatise on Consular Law. Warden's was
the first English-language treatise on consular law and one of the
earliest workson the subject. Both a descriptive and prescriptive
work, it outlines the ideal qualities of a consul, his role in
diplomatic relations and legal status and a review of consular
treaties in force at the time. Highly regarded in its day, it was
translated into French, the language of nineteenth-century
diplomacy, and circulated widely among diplomatic circles. A scarce
work today, our edition is enhanced by Professor Butler's extensive
introduction, which examines the historical context of this book
and the life of its author. David Bailie Warden 1772-1845], an
Irish-born American diplomat, was distinguished for his scientific
attainments and varied learning. A member of the French Academy and
other prestigious learned societies, he was secretary of the United
States Legation to France, agent of prize causes, and for many
years the United States consul in Paris. "Consular law, it is
widely believed, is among the most venerable of the institutes of
the law of nations and an early example, in State practice and
doctrinal form, of the comparative investigation and analysis of
State practice in the form of treaties, national legislation, and
judicial application."--William E. Butler, iv
Pavil Gavrilovich, later Sir Paul, Vinogradoff [1854-1925] is well
known in Russia principally as a historian and abroad as a legal
historian and comparative lawyer. Few in either Russia or abroad
are aware that Vinogradoff also wrote on public international law.
This volume collects four of his most important contributions to
this field: The Legal and Political Aspects of the League of
Nations (1918), The Reality of the League of Nations (c. 1919), The
Covenant of the League: Great and Small Powers (1919) and History
of the Law of Nations, a series of six lectures delivered at the
University of Leiden in 1921.
With a preface by Michael H. Hoeflich, John H. & John M. Kane
Professor of Law, University of Kansas School of Law and an
introduction by William E. Butler, John Edward Fowler Distinguished
Professor of Law, 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.
Includes the text of Vol. 1, No. 1 (Oct. 21, 1876) to Vol. 1, No.
26 (April 14, 1877), originally published: St. Paul, Minn.: J.B.
West & Co. 1876-1877. "In 1876, John B. West, twenty-four years
old, launched a new publication that would within a decade evolve
into the National Reporter System. As a traveling salesman for an
office supply company in St. Paul, young West visited many
Minnesota attorneys. He learned that the official publishers of
court reports were chronically slow. West was later to say that if
the official state publishers had been properly doing their jobs
there would have been no need for his reporters. His first
publication, The Syllabi was an eight-page weekly news-sheet that
contained "prompt and reliable intelligence as to the various
questions adjudicated by the Minnesota Courts at a date long prior
to the publication of the State Reports." Its immediate popularity
among the bar soon forced it to outgrow its original format and
coverage. In early 1877, only six months after it had begun, The
Syllabi was replaced by the North-Western Reporter. The reporter,
another weekly, was also a transitional publication. It contained
the full text of all Minnesota Supreme Court decisions and
Minnesota federal court decisions, as well as those from the
Wisconsin Supreme Court in cases "of special importance." This
publication lasted two years, four semi-annual volumes. In 1879,
West announced a new series of the North Western Reporter (the
first of the modern West regional reporters) that would publish the
full text of all current supreme court decisions from Iowa,
Minnesota, Michigan, Nebraska, Wisconsin, and the Dakota Territory.
The Federal Reporter and the Supreme Court Reporter began within
the next two years and, in 1885, West Publishing (as it was
incorporated in 1882) announced the publication of four new
reporters that, along with its current reports, gave it nationwide
coverage. (.) The National Reporter System was soon proclaimed to
have "Unquestionably revolutionized the whole plan of law
reporting." --Thomas A. Woxland & Patti J. Ogden, Landmarks in
American Legal Publishing. An Exhibit Catalogue 38-40.
A Documentary History of the Campaign to Create the American
Institute of International LawThe American Institute of
International Law was established in 1912 by James Brown Scott and
Dr. Alejandro Alvarez, a distinguished Chilean international
lawyer. It aimed primarily to foster better relations between the
United States and Latin America. Active until 1938, it submitted
several recommendations concerning international organizations,
including 30 draft projects to the Pan American Union, which placed
27 of them before the International Commission of American Jurists
for the Codification of International Law. Among the subjects were
statehood, aliens, law of treaties, diplomatic and consular agents,
neutrality at sea, asylum, duties of states in the event of civil
war, and the peaceful settlement of disputes. No less than thirteen
of these drafts were incorporated into the codifications produced
by the Commission. This volume documents the campaign to create the
American Institute of International Law and reproduces the original
proposal and the principal documents leading to the creation of the
Institute. In a broader sense, it offers an interesting legal
perspective on the history of inter-American relations and the
period when international lawyers began to influence the direction
American of foreign policy.James Brown Scott 1866-1943] played a
leading role in the establishment of public international law from
the 1890s to the 1940s. The author of over 1,000 books and
articles, he was a professor, administrator, editor, public
lecturer, as well as a lawyer, diplomat and an advisor to seven
presidents, ten secretaries of state and several foreign
governments. He was also a tireless organizer. In addition to his
leading role in the creation of American Institute of International
Law, he helped to establish the American Society for Judicial
Settlement of International Disputes and the American Society of
International Law (ASIL)."Before Dr. Scott began his crusade,
international law as a science had barely emerged from the
cloister; indeed, not so many years before it had been taught in
connection with theology. The subject is now included in the
curricula of many colleges and universities and of the larger law
schools in the United States. Specially qualified professors, in
the larger institutions more than one, devote their whole time to
teaching it. The classes are numbered by the hundreds and the
students by the thousands. No statement made by informed leaders of
opinion in this and other countries has been or can be made
regarding the restoration of peace and order in the world without
basing their hopes upon the foundations of international
law."George A. Finch, "James Brown Scott, 1866-1943," American
Journal of International Law 38 (1944) 217. 38 Am.
REPRINT OF THE RARE EVATS TRANSLATION The second English
translation of Hugo Grotius' landmark work, De Jure Belli Ac Pacis
(1625), translated by William Evats (c.1606/7-1677) and published
in London in 1682. As William E. Butler points out in his
introduction to this reprint: "The early English translations of
the works of Hugo Grotius on the law of nations are not the product
of legal scholars or legal scholarship. We are indebted primarily
to theologians for their appearance, either because Grotius figured
prominently in theological discourse at various periods after his
death or because his legal writings were espoused by dons dedicated
to the cause of peace who considered the Grotian contributions to
the law of nations to be a constructive step in the direction of a
more peaceful world community." --William E. Butler, X HUGO GROTIUS
1583-1645], a pre-eminent contributor to international legal
doctrine, was an influential Dutch jurist, philosopher and
theologian. His many important works include De Jure Belli ac Pacis
The Law of War and Peace] (1625), which is widely considered to be
the first master treatise on international law, and Mare Liberum
The Freedom of the Seas] (1609), in which he argues against
territorial sovereignty of the seas.
This addition to the Elements of International Law series explores
the role of international law as an integral part of the Russian
legal system, with particular reference to the role of
international treaties and of generally-recognized principles and
norms of international law. Following a discussion of the
historical place of treaties in Russian legal history and the
sources of the Russian law of treaties, the book strikes new ground
in exploring contemporary treaty-making in the Russian Federation
by drawing upon sources not believed to have been previously used
in Russian or western doctrinal writings. Special attention is
devoted to investment protection treaties. The importance of
publishing treaties as a condition of their application by Russian
courts is explored. For the first time a detailed account is given
of the constitutional history of treaty ratification in Russia, the
outcome being that present constitutional practice is inconsistent
with the drafting history of the relevant constitutional
provisions. The volume gives attention to the role of the Russian
Supreme Court in developing treaty practice through the issuance of
"guiding documents" binding on lower courts, the reaction of the
Russian Constitutional Court to judgments of the European Court of
Human Rights, and the place of treaties as an integral part of the
Russian legal system. Butler further explores the hierarchy of
sources of law, together with other facets of Russian arbitral and
judicial practice with respect to treaties and other sources of
international law. He concludes with a consideration of the
'generally-recognized principles and norms of international law'
and their role as part of the Russian system.
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On the Freedom of the Sea (Hardcover)
Joseph Mathias Gerard De Rayneval; Translated by Peter Stephen Du Ponceau; Edited by Williams E. Butler
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R2,100
Discovery Miles 21 000
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Ships in 12 - 17 working days
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Transcribed by William E. Butler into English for the first time,
from Du Ponceau's hand, a translation of Gerard de Rayneval's On
the Freedom of the Sea. A previously overlooked and unpublished
contemporary translation by Peter S. Du Ponceau of the classic
treatise by Joseph-Mathias Gerard de Rayneval, De la liberte des
mers (Paris, 1811), edited with an extensive introduction by
William E. Butler.
Successor two centuries later to Grotius' classic writings on the
freedom of the seas, Gerard de Rayneval's work affirmed the
principles of natural and positive law applicable to naval warfare,
privateers, the law of prize, the deep seabed and high seas,
neutrality, and international straits from a French perspective
deeply sympathetic to American views of the time. Gerard de
Rayneval cherished the hope that Napoleon might be inspired by the
work to draft a code of maritime law. This treatise informed
negotiations that led to the 1856 Declaration of Paris and was
widely cited by continental jurists during the 19th century.
"Professor William Butler's careful scholarship and clear
presentation bring to life an important translation of Gerard de
Rayneval's work on the law of the sea, a topic of continuing
interest to scholars and mariners alike in the 21st century.
Professor Butler's detailed introduction and editing of Du
Ponceau's translation offer essential background for familiar
maritime concepts and adds richness to the body of work explaining
the legal regimes surrounding the use of the world's seas." --James
W. Houck Vice Admiral, Judge Advocate General's Corps, U.S. Navy
(Ret.), Interim Dean and Distinguished Scholar in Residence, Penn
State, The Dickinson School of Law
WILLIAM E. BUTLER is the John Edward Fowler Distinguished
Professor of Law, Dickinson School of Law, Pennsylvania State
University, Emeritus Professor of Comparative Law, University of
London, Foreign Member, National Academy of Sciences of Ukraine and
National Academy of Legal Sciences of Ukraine.
JOSEPH-MATHIAS GERARD DE RAYNEVAL (1736-1812) was First Deputy
Minister of Foreign Affairs and an international lawyer. He was a
significant mediator in Anglo-French relations who composed an
important memorandum of French strategy for secret assistance to
the Americans entitled "Reflections on the Situation in America"
(1776). He was a key negotiator in the commercial Eden Treaty
(1786), which was signed by him on behalf of France. In 1804 he was
awarded the Cross of the Legion of Honor for his contributions to
the literature of international law.
PETER STEPHEN DU PONCEAU (1760-1844) was a Franco-American jurist
who came to America at the age of 17 and lived in Philadelphia,
where he practiced international law until his death. He was
president of the American Philosophical Society. In 1810 he
published a translation of Bynkershoek's A Treatise on the Law of
War.
This volume contains the revisions up to August 15, 1999 to Parts
One and Two, often referred to as the "General Part", of the
Russian Civil Code. Butler's translation presents a clear
interpretation of this text for all involved in Russian legal and
commercial matters. As the Russian Civil Code is often the standard
model for the other CIS states, amendments to this legislation are
important to monitor.
Nowhere today is constitutional law more avidly debated and studied
than in the 12 post-Soviet republics known as the Commonwealth of
Independent States (CIS). Drawing on past experience as well as on
European, American and Asian models, the constitutions of these
countries have a great deal to tell the legal scholar about how the
independent states of the post-Cold-War world understand the
transition to a market economy. This text contains English
translations which accurately present the current (1999)
constitutional laws of all 12 CIS countries. The author and
translator - himself active as an adviser on constitutional reform
in several of these states - has taken care to establish the most
authentic sources through an investigation of the existing
documents and through personal interviews. From a great mass of
confusing and often contradictory material in a dozen languages, he
has assembled a coherent collection of documents that allows us to
see the lineaments of constitutional law at a crucial stage of
development in this fast-changing region of great economic
significance.
Uzbekistan was the first of the CIS countries to formulate and
adopt a new Civil Code. The initial Civil Code came into force on
March 1, 1997. Although based largely on the Russian Civil Code,
the Uzbekistan Code has evolved its own distinct characteristics.
This edition of William E. Butler's translation contains the latest
revisions up to August 15, 1999.
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