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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.
In Essential Papers on Literature and Psychoanalysis, Emanuel
Berman presents classic and contemporary papers written at the
intersection of literature and psychoanalysis. In bringing these
essays together Berman traces the development of a discipline that
has often been plagued by a polarization between self-confident,
single-minded psychoanalysts reading literature as a series of case
studies and literary loyalists who cling to manifest content or to
the declared intentions of the authors, accepting them at face
value and depriving the work of its emotional complexity. Berman
covers the full range of old and new perspectives, and presents
selections from today's mature phase.
This collection includes papers by Sigmund Freud, Steven Marcus,
Patrick J. Mahoney, Donald Spence, Otto Rank, Ernest Jones, Ernst
Kris, Phyllis Greenacre, Florence Bonime and Maryanne Eckardt,
David Werman, Ellen Handler Spitz, Jacques Lacan, Shoshana Felman,
Norman N. Holland, Roy Schafer, Meredith Anne Skura, Gail S. Reed,
Francis Baudry, Rivka R. Eifermann, and Bennett Simon.
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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