International Law

January 8, 2018 | Author: Anonymous | Category: Social Science, Law
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The Making of the Modern Law Series (MoML)


Foreign, Comparative, and

International Law, c. 1600-1926

GALE: A Force in Legal History Publishing

Gale has produced five successful legal history digital products, collectively called The Making of Modern Law. To date the components of MoML are as follows. Year

Series Collection Title


MoML I: The Making of Modern Law: Legal Treatises, 1800-1926


MoML II: U.S. Supreme Court Records and Briefs, 1832-1978


MoML III: Trials, 1600-1926


MoML IV: Primary Sources I, 1620-1926


MoML V: Primary Sources II, 1763-1970


MoML VI: Foreign, Comparative, and International Law, 1600-1926

The Making of Modern Law

The Making of Modern Law has given all law libraries access to legal history materials previously available only at a few major repositories, and it has offered even the largest law libraries new capabilities for searching historical publications.

MoML I: Legal Treatises, the cornerstone of the Gale legal history collection, is the world’s most comprehensive collection of Anglo-American legal treatises from 1800 to 1926. Legal Treatises contains 22,000 works and over 10 million pages.

MoML I: Legal Treatises was selected by The American Association of Law Libraries BEST NEW PRODUCT, 2005

Making of Modern Law: Value Proposition

One way of presenting the suite of legal history products is to focus solely on each one as a free-standing entity. Another way is to describe them as building-blocks toward the end-result of recreating the world's great law libraries digitally on every researcher’s desktop.

Roundell Palmer, Lord High Chancellor (1812-1895)

Defining the Next MoML Component… Topic areas (a finalized title list under development): • International and Comparative Law. A collection of international law titles in English and major western European languages. Primarily a monograph collection corresponding to the period of MoML Legal Treatises, with “classics” such as Grotius and early modern writers. • Classics of European Law. Encompasses foreign legal treatises. The term "treatise" is more of a common-law category and the equivalent works in civil-law systems may have other names such as commentaries, encyclopedias, textbooks, monographs, or festschriften. Languages would include French, German, Spanish, Portuguese, Latin, Dutch, Italian, and other Western languages, with English language titles favored. • Roman and Canon Law. Complements treatises included in MOML: Legal Treatises. Recognizes that the roots of English common law will be found in the deep recesses of European history.

Broad Editorial Scope: Addresses the needs of FCIL Librarians Foreign Law Foreign law covers the national and sub-national (e.g., provincial) laws or other jurisdictions. Although “foreign law” often refers to the law of any jurisdiction other than the United States, it also has a narrower connotation; some law librarians restrict the term foreign law to jurisdictions out the Anglo-American legal family.

Comparative Law From the FCIL Librarian’s perspective, comparative law plays out as a foreign law question. Scholars do not agree on how many types of legal systems exist in the world, but the major types are common law, civil law, Islamic, and mixed (a combination of one or more legal systems). Other types are the Talmudic, customary, indigenous, and socialist legal system.

International Law Classical public international law deals exclusively with the legal system governing relations between nations, such as the law of the sea. The modern concept extends to international organizations, nations, and individuals. Human rights, international trade, and the environment are among new subjects in public international law.

Identifying the North American Audience: FCIL Special Interest Section of AALL

FCIL: A Growing Career Field

Proof of Concept

§ MOML FCIL is not the initial installment of a non-Anglo-American legal product line strategy.

§ Rather it is a logical (but not exclusive) extension of MOML 1. It’s the expansion of legal treatises along various complementary fronts: international law; comparative law; civil and European law; the history of law since Roman times in English and Western languages up until the 1920s. In the tradition of many American jurists and legal theorists, it seeks a comparative approach to answer questions about human rights, civil liberties, freedom of speech, freedom of religion, property rights, licensing, extraterritoriality, judicial procedure, capital punishment, the sentencing of felons, the role of the state, the role of attorneys and judges, and other topics. § If there is a common theme here it’s that “comparative” and “foreign” law is built into the curriculum because the theoretical and practical questions of law must be placed in a broad historical context. MoML FCIL is not a departure into unchartered territory. It’s an extension of the scope outlined in MOML: Legal Treatises.

Proof of Concept: Topics in Law Courses at GWU, Maryland, UCLA, Penn, and Elsewhere § the history and development of the great European civil codes § similarities and differences between "civil law" and "common law“ § the court systems, legal education and professions, sources of law, and procedural law of the civil law tradition, with particular emphasis on France and Germany § the relationship of international law to United States law § rise of the individual as a subject of international law § U.S. versus the Continental and Asia Pacific vision of privacy § the rich diversity of cultural, historical, philosophical and religious traditions within which legal concepts and rules have been formulated § transformative jurisprudence through a comparative examination of courts treatment of socio-economic rights

§ the emergence of the concept of humanitarian law § critiques of Western human rights schemes § essential themes in Jewish, Christian and Islamic jurisprudence

Proof of Concept: Questions Raised in Courses at GWU, Maryland, UCLA, Penn, and Elsewhere § What are the various methodological and theoretical approaches to comparative law? § How may we compare and contrast civil liberties in the United States and other countries? § What is the justification for punishment and how do the various debates in this area play out in specific controversial cases? § Is targeted killing a permissible part of just war theory? § What should be our stance to government officials who violate the law? § Is law central to Christianity, Judaism, and Islam? And if so, in what manner? What are their respective attitudes to revelation, sacred texts and oral traditions? How much autonomy are humans granted to interpret and adapt sacral law? What is the relationship of law to the state and power? § How may we explore the most controversial aspects of International Human Rights law such as the universalism versus relativism debate, cultural and religious exceptions to global human rights standards, hypocrisy and double standards in human rights enforcement, the war on terrorism, and the use of torture?

“MOML FCIL”: The logical extension of MOML Foreign, Comparative, and International Law: Relevant topics to be found in MOML Legal Treatises Advanced Search include:

Administrative Law

Constitutional Law Family Law International Law

Jurisprudence Law Legal History Maritime Law Real Property Penology Politics and Government

Family Law, an example: Marriage and Divorce Law in Europe: A Study of Comparative Legislation (1893)

International Law

“International Law” in MoML Legal Treatises: Vattel’s classic Law of Nations and American Diplomacy by Freeman Snow None of the titles in existing Gale databases will appear in the forthcoming MoML: FCIL.

Examples of Comparative Law in MoML LEGAL TREATISES Defining the product:

Examples of comparative law in Legal Treatises: Left: Patent and Trademark Laws (1899) and Right: Waters: French Law and Common Law (1918)

Synergy with Legal Treatises in the Exploration of the Origins of English Common Law MOML FCIL explores the roots of English and American law in the development of continental civil law: “Oath helper” = 13 results Pollock and Maitland, The history of English law before the time of Edward I (1895) “Jury” + “Early Middle Ages” = 99 results Stubbs, William, The constitutional history of England (1874-1878) English and foreign-language sources expand the coverage of the Middle Ages and Renaissance.

“mens rea” + “Middle Ages” + discovery = 66 results Best, W.M., Treatise on the principles of the law of evidence: with elementary rules for examination and cross-examination of witnesses

Synergy with the ECCO Law Module Classic texts in ECCO: Left: Grotius, The Rights of War and Peace (London, 1715) Right: Summary of the law of nations, founded on the treaties and customs of the modern nations of Europe; with a list of the principal treaties (London, 1795) Note: There will be no duplication of these books in MoML: FCIL.

Cornelius van Bynkershoek

Synergy with US Supreme Court Records and Briefs: “Muller v. Oregon” (1908)

The “Brandeis brief” in Muller v. Oregon – a celebrated example of “comparative” law

Synergy with US Supreme Court Records and Briefs: Cases in International Law Left: Banco Mexicano De Commercio E Industria v. Deutsche Bank, 263 U.S. 591 (1924) Right: Direction Der Disconto-Gesellschaft v. U S Steel Corporation, 267 U.S. 22 (1925)

Synergy with Trials, 1600-1926 International Law: The Case of the United States of America Before the International

Boundary Commission Under the Provisions of the Convention Between The United States of America and The United States of Mexico, June 24, 1910.

Chamizal Dispute (1911). This dispute over 600 acres along the U.S./Mexico border took 50 years to settle and raised significant issues on the nature of treaties and the resolution of international disputes.

Synergy with Trials, 1600-1926

Examples of International Law in TRIALS:

Left: The Case of the Armed Brig of War (New York and Albany, 1857)

Right: An Account of the War Criminals Trial and a Study of German Mentality (London, 1921) Note: There will be no duplication of these documents in MOML FCIL

Synergy with Gale’s Sabin and Making of the Modern World

Complements the European and Latin American legal history in Gale’s historical archives, including Making of the Modern World and Sabin.

Evidence of Interest in Comparative Legal History Associations • American Society of International Law • American Society for Legal History • Australian and New Zealand Law and History Society • Criminal Justice/Legal History Network • European Society for the History of Law • International Association for the History of Crime and Criminal Justice • Max Planck Institute for European Legal History • Osgoode Society for Canadian Legal History • Scottish Legal History Group • Selden Society • SOLON: Promoting Interdisciplinary Studies in Crime and Bad Behaviour • Toronto Legal History Group

Appendix: The KZs -- for the librarian in all of us! .

Appendix: In Library of Congress cataloguing terms we are pursuing the KZs -- a rich subject area that fits well with what we have so far published. KZ 1-6785 Law of nations 27-38 By region or country (60)-62.5 Intergovernmental congresses and conferences 184-194 Peace treaties 1249-1252 International law and other disciplines 1255-1273 Theory and principles 1267-1273 Domain of the law of nations 1287-1296 Codification of the law of nations 1298-1304 The law of treaties. System of treaty Law 1321-1323.5 International legal regimes 1328 Ancient history and theory 1329-3085 Early/Medieval development to ca. 1900 Ius Naturae et Gentium 1330-1338 Peace of Westphalia to the French Revolution (1648-1789) 1345-1369 French Revolution to the American Civil War (1789-1861) 1373-1387.2 American Civil War to the First Conference of the Hague (1861-1899) 2064-3085 Publicists. Writers on public international law

Journals of Interest to FCIL Patrons

Our Partners for this Component: Yale Law Library and George Washington University, among others…

Lilian Goldman Law Library, Yale University

Jacob Burns Law Library, George Washington University

MOML FCIL: Product Snapshot  Product title (tentative): Making of Modern Law: Foreign, Comparative, and International Law, c. 1600-1926

 Scope: International and comparative law, including monographs on the laws of foreign jurisdictions  Languages: 50% in English; 50% in Western European languages  Number of pages: ~1.2 million  Document “type”: Monographs  Contributing libraries: Yale Law Library; George Washington University  Publication date:: 20 June 2012  MARC records: Yes (in December 2012)

Breakdown of pages - ROUGH ESTIMATES Yale University: ~840,000 pages Other sources to be named: ~240,000 pages GWU: ~120,000 pages

MOML FCIL: Potential Subject Categories (Rough Draft) International law

French and Belgian law German, Swiss and Austrian law Italian law Spanish and Portuguese law

Comparative law Roman law Ancient law Canon law

Jewish law Islamic law

50% in English; 50% in Western European languages

Dutch law Scandinavian law Russian and Eastern European law Mexican law Latin American law African and Middle Eastern law Indian law Chinese and Japanese law Canadian law Australian and New Zealand law British Colonies law

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