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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
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.
This Major Reference series brings together a wide range of key international articles in law and legal theory. Many of these essays are not readily accessible, and their presentation in these volumes will provide a vital new resource for both research and teaching. Each volume is edited by leading international authorities who explain the significance and context of articles in an informative and complete introduction.
In a draft attached to a letter to his friend and confidante
Wilhelm Fliess (May 31, 1897), Freud develops an idea: The
mechanism of fiction is the same as that of hysterical fantasies.
He supports this thought with a brief analysis of the biographical
sources of Goethe's Werther. A few months later, on October 15,
1897, Freud mails Fliess a detailed account of remembered events
from his childhood that, Freud believed, underlined the
universality of Oedipus Rex and Hamlet. Freud's foray into
literature initiated the beginning of a new critical
approach.
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.
Even though the economic union of Russia and Belarus is virtually complete, important material differences persist between the civil codes of the two countries. Of particular significance to foreign investors in Belarus are the provisions regulating intellectual property, inheritance, and private international law - provisions that set Belarus apart from other CIS jurisdictions and that make it especially attractive to businesses critically affected by these considerations. This fourth volume in the CIS Civil Code series presents the Belarus Civil Code that entered into force on 1 July 1999. William E. Butler's English translation is of the high quality that has come to be expected by counsel for international investors with a special interest in the CIS countries.
With a mature market economy and political stability, Uzbekistan has developed a strong legal regime that both fosters and protects business activity. Among the CIS countries it is considered to be second only to Russia in its attractiveness to foreign investors. This updated edition of a resource for businesses and their counsel presents reliable English texts, in the translations of W.E. Butler, of all the principal enactments affecting business activity in Uzbekistan. All texts are current as of April 2000. The book provides laws and implementing rules covering such areas as the following: joint-stock societies and other corporate vehicles; regulation of enterprises with foreign investments; business incentives; rights of stockholders; registration and liquidation procedures; banking; securities and the stock exchange; taxation; and bankruptcy.
This volume contains the Turkmenistan Civil Code as adopted in December 1998. The translation by William E. Butler is based on the official text and any differences with the Russian language version are noted in footnote annotations. The Turkmenistan Civil Code is unique in the CIS for incorporating as part of its official title the name of the President of Turkmenistan, Saparmurat Turkmenbashi. This gives the Civil Code a special symbolic value in the hierarchy of sources of Turkmenistan Law. Another important feature of the Civil Code is its lack of a section devoted to private international law, or "conflicts of law". Until this position is rectified or clarified, Turkmenistan law is the sole applicable law.
This volume contains a collection of Tadzhikistan legal texts translated and edited by the author. All material is translated anew and is prefaced by a note on the legislative history of each enactment and a contextual observation. The documents translated in this volume have been chosen for their importance in understanding the Tadzhikistan state structure and legal system and the peace process intended to achieve civil accord. There is also a strong emphasis upon the enactments of key importance to the foreign investor. The scope of this work should provide the practitioner, legal scholar, government legal advisor, and student a reference tool for understanding contemporary Tadzhikistan legal structures.
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. |
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