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LEGAL HISTORY


Introduction to the                                                                      Winner of the Peter Birks Prize for Outstanding Legal
                                                                                         Scholarship, 2005
Legal System of the
United States                                                                            A History of Water   P
Third Edition                                                                            Rights at Common Law
Allan Farnsworth, formerly the Alfred McCormack                                          Joshua Getzler, Fellow and Tutor in Law at St Hugh’s
Professor of Law, Columbia Law School                                                    College, Oxford
In this classic text, translated into over a dozen languages,                            ‘Getzler’s work will bring the reader as close as any
constitutional scholar and Columbia Law School professor E. Allan Farnsworth
                                                                                         study could to what happened, and to what was in
provides a clear explanation of the structure and function of the U.S. legal
system, analyzing the legislative and judicial systems on both the federal and           the minds of those who made it happen.’
state levels. For decades, students of American law have relied on this lucid text       — James Gordley, Law Quarterly Review
as an invaluable guide to basic case law and as a means of interpreting statutes,
differences between civil and criminal procedure, and the distinction between            ‘The research is exhaustive and meticulously executed, and the resulting
private and public law.                                                                  analysis is clearly and articulately communicated.’
                                                                                         — Charlotte Smith, Journal of Environmental Law
Oceana Publications
1996 (1951)                                                                              This volume describes how the courts created rights for land owners and
Paperback / 0-379-21373-7 / 978-0-379-21373-7 / $29.50                                   users competing to appropriate water for factories, town supply, drainage, and
1996 / 210 pp                                                                            transport. It covers the period from early times to the late nineteenth century,
                                                                                         illustrating the changing common law of property and tort, and throwing new
History of the Federal Courts                                                            light on the growth of the economy and the social and legal dimensions of
                                                                                         technological innovation.
Second Edition
Erwin Surrency, Professor Emeritus University of Georgia Law School                      Oxford Studies in Modern Legal History
                                                                                         Paperback / 0-19-920760-7 /978-0-19920760-2 / $45.00
This pioneering text presents the history of the federal courts since their              June 2006
establishment in 1789 and the changes that have occurred in the years since.The          Hardback / 0-19-826581-6 / 978-0-19-826581-8 / $144.00
author examines the historical context from which the federal court system grew          2004 / 446 pp
and explores the expansion of the court system in response to procedural,
conceptual, and historical influences.                                                   A Jurisprudence of Power
Oceana Publications                                                                      Victorian Empire and the Rule of Law
Hardback / 0-379-21433-4 / 978-0-379-21433-8 / $125.00                                   R.W. Kostal, Associate Professor of Law and History,
2002 / 558 pp
                                                                                         University of Western Ontario
Law without Justice                                                                      A Jurisprudence of Power concerns the brutal suppression under
Why Criminal Law Doesn’t Give People                                                     martial law of the Jamaica uprising of 1865, and the explosive
                                                                                         debate and litigation these events spawned in England.The
What They Deserve                                                                        book explores the centrality of legal ideas and institutions in
Paul H. Robinson, Colin S. Diver Distinguished Professor of                              English politics, and of political ideas that give rise to great
Law, University of Pennsylvania Law School, and Michael T.                               questions of English law.
Cahill, Assistant Professor of Law, Brooklyn Law School                                  It documents how the world’s most powerful and articulate political elite struggled
                                                                                         with fundamental questions about law, morality, and power. Can a constitutional state
If an innocent person is sent to prison or if a killer walks free,                       rule a sprawling empire without breaking faith with the rule of law? Can it contend
we are outraged.The legal system assures us, and we expect                               with the violent resistance of subjugated peoples without corrupting the integrity of
and demand, that it will seek to “do justice” in criminal cases.                         its legal and political ideals?
So why, for some cases, does the criminal law deliberately and routinely sacrifice
justice? In this unflinching look at American criminal law, Paul Robinson and Michael    The book addresses these questions as it reconstructs the most prolonged and
Cahill demonstrate that cases with unjust outcome are not always irregular or            important conflict over martial law and the rule of law in the history of England in
unpredictable. Rather, that criminal law sometimes chooses not to give defendants        the nineteenth century.
what they deserve: that is, unsatisfying results occur even when the system works as
it is designed to work.With a panoramic view of the overlapping and often                Oxford Studies in Modern Legal History
competing goals that our legal institutions must balance on a daily basis, Law without   Hardback / 0-19-826076-8 / 978-0-19-826076-9 / $140.00
                                                                                         2005 / 544 pp
Justice challenges us to restore justice to the criminal justice system.
OUP USA
Paperback / 0-19-516015-0 / 978-0-19-516015-4 / $35.00
2005 / 332 pp                                                                            Revolution and the Making of the
                                                                                         Contemporary Legal Profession
                                                                                         England, France, and the United States
                                                                                         Michael Burrage, Research Fellow in Industrial Relations,
                                                                                         London School of Economics and Political Science
                                                                                         Examining the social revolutions in France, the United States,
                                                                                         and England during industrialization, this book looks at the
                                                                                         different ways in which social upheaval has prompted radical
                                                                                         divergences in the organisation and regulation of the legal profession.
                                                                                         Oxford Socio-Legal Studies
                                                                                         Hardback / 0-19-928298-6 / 978-0-19-928298-2 / $150.00
                                                                                         2005 / 704 pp




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LEGAL HISTORY                                                                                                                                                                                                                                                                                                                   LEGAL HISTORY


The American                                      NE                               American Legal History                                                                The Pursuit of Fairness                                                                 The World’s Richest Indian
                                                                                                                                                                         A History of Affirmative Action                                                         The Scandal over Jackson Barnett’s Oil Fortune
Judicial Tradition                                                                 Cases and Materials                                                                   Terry H. Anderson, Professor of History,Texas A&M University                            Tanis C.Thorne, University of California, Irvine, and Lecturer,
Profiles of Leading American Judges                                                Third Edition                                                                                                                                                                 Sacramento State University
                                                                                                                                                                         ‘Few books match the breadth of his story of affirmative action in the
Third Edition                                                                      Kermit L. Hall, Utah State University, Paul Finkelman, Chapman                        United States ....Anderson skillfully weaves the story of how racism, sexism            ‘A historical tour-de-force that dramatically and depressingly shows how a
                                                                                   Distinguished Professor of Law, University of Tulsa, and James W. Ely, Jr.,           and paternalism for the disabled come out of the common cloth of                        confluence of law, racial attitudes, scheming individuals, and bureaucratic
G. Edward White, University of Virginia                                            Professor of Law and History,Vanderbilt University                                    American prejudices.’                                                                   institutions devastated the considerable rights and resources of Jackson
‘A rich source of information and ideas....Worthwhile not only because,            Revised and expanded in this third edition, American Legal History now                — Timothy J. O’Neill, Law & Politics Book Review                                        Barnett, a Creek Nation citizen, and by extension the rights of other similarly
as history, it provides an excellent introduction to some of the most              features a new co-author, James Ely, who is a specialist on property rights.This      Affirmative action strikes at the heart of deeply held beliefs about employment and     situated indigenous people.Thorne’s lucid account is a worthy and timely
influential American judges and cases, but also because as theory it, like         highly acclaimed text provides a comprehensive selection of the most                  education, about the concepts of justice and fairness, and about the troubled history   successor to Angie Debo’s And Still the Waters Run, a penetrating analysis of
                                                                                   important documents in the field, which integrate the history of public and           of race relations in America.This is the only book available that gives readers a       the systematic fraud and dispossession that was perpetuated on the citizens
all good books, provokes as many questions as it resolves.’
                                                                                   private law from America’s colonial origins to the present. Devoting special          balanced, non-polemical, and lucid account of this highly contentious issue.
— Administrative Law Review                                                        attention to the interaction of social and legal change, it shows how legal ideas
                                                                                                                                                                                                                                                                 of the Five Civilized Tribes of Oklahoma by similar forces.’
                                                                                   developed in tandem with specific historical events and reveals a rich legal          OUP USA                                                                                 — David E.Wilkins, University of Minnesota
‘Among the important books,The American Judicial Tradition deserves a                                                                                                    Paperback / 0-19-518245-6 / 978-0-19-518245-3 / $18.95
                                                                                   culture unique to America.The book also deals with state and federal courts                                                                                                   OUP USA
prominent place....In an era of growing concern about the ‘imperial                and looks at the relationship between the development of American society,            2005 / 344 pp
                                                                                                                                                                                                                                                                 Hardback / 0-19-516233-1 / 978-0-19-516233-2 / $65.00
judiciary,’ it merits the serious reader’s attention’                              politics, and economy, and how it relates to the evolution of American law.                                                                                                   Paperback / 0-19-518298-7 / 978-0-19-518298-9 / $19.95
— Jethro Lieberman,The New York Times Book Review                                  Introductions and instructive headnotes accompany each document, tying legal          James Madison and the Struggle                                           New            2005 / 312 pp
                                                                                   developments to broader historical themes and providing a social and political        for the Bill of Rights
‘A scholarly, well-informed, illuminating work that penetrates the                 context essential to an understanding of the history of law in America.
                                                                                                                                                                         Richard Labunski, Associate Professor, School of Journalism and                         Massive Resistance
mystique of the judicial mantle....White has superbly conveyed the                 Setting the legal challenges of the twenty-first century in a broad context,
morality of one of our most sacred institutions’                                                                                                                         Telecommunications, University of Kentucky                                              Southern Opposition to the Second Reconstruction
                                                                                   American Legal History,Third Edition, is an essential text for students and
— Trial Magazine                                                                   teachers of constitutional and legal history, the judicial process, and the effects   The untold story of the fiercely contested ratification of the United States
                                                                                                                                                                                                                                                                 Edited by Clive Webb, Lecturer in American Studies, University of Sussex
                                                                                   of law on society.                                                                    Constitution, and how Founding Father James Madison defied his fellow Virginians        Massive Resistance brings together ten essays that critically assess southern white
Now available in a newly revised and updated third edition, this highly
acclaimed volume presents a series of portraits of the most famous appellate                                                                                             who opposed the Constitution, to ensure that it, and the Bill of Rights, would bring    resistance to school desegregation.The collection examines in close detail the
                                                                                   OUP USA
judges in American history from John Marshall to the Rehnquist court. G.                                                                                                 the colonies together as a unified nation.                                              practice of massive resistance, revealing the ideological and tactical divisions that
                                                                                   Paperback / 0-19-516225-0 / 978-0-19-516225-7 / $49.95
Edward White traces the American judicial tradition through sketches of the        Hardback / 0-19-516224-2 / 978-0-19-516224-0 / $80.95                                                                                                                         characterized the southern white response to civil rights protest as well as the
                                                                                                                                                                         Pivotal Moments in American History
careers and contributions of such significant judges as John Marshall, Joseph      2004 / 734 pp                                                                         OUP USA                                                                                 illusion of the union of racial moderates and extremists in what has been called a
Story, Roger Taney, Oliver Wendell Holmes, Louis Brandeis, Charles Evans                                                                                                 Hardback / 0-19-518105-0 / 978-0-19-518105-0 / $28.00                                   solid white South.
Hughes, Felix Frankfurter, Hugo Black, Earl Warren,William Brennan, and Sandra                                                                                           July 2006 / 320 pp
Day O’Connor.This expanded edition contains a new preface, an updated              Conquest by Law                                          P                                                                                                                    OUP USA
                                                                                                                                                                                                                                                                 Paperback / 0-19-517786-X / 978-0-19-517786-2 / $19.95
bibliographical note, and a new chapter on the Rehnquist Court.
                                                                                   How the Discovery of America Dispossessed                                                                                                                                     Hardback / 0-19-517785-1 / 978-0-19-517785-5 / $65.00
                                                                                                                                                                                                                                                                 2005 / 258 pp
OUP USA
Hardback / 0-19-513962-3 / 978-0-19-513962-4 / $99.00
                                                                                   Indigenous Peoples of Their Lands
Paperback / 0-19-513963-1 / 978-0-19-513963-1 / $24.95                             Lindsay G. Robertson, University of Oklahoma College of Law                                                                                                                   Alger Hiss’s Looking-Glass Wars
December 2006 / 640 pp                                                                                                                                                                                                                                           The Covert Life of a Soviet Spy
                                                                                   ‘This is an exceptional work that breaks new ground and contributes to
                                                                                                                                                                                                                                                                 G. Edward White, David and Mary Harrison Distinguished Professor,
Oliver Wendell Holmes Jr.                                          New
                                                                                   our understanding not only of a specific case, but of the role of the
                                                                                   Supreme Court in the American Republic. An important contribution to
                                                                                                                                                                                                                                                                 University of Virginia School of Law
G. Edward White, University Professor                                              both the study of law and the history of the West.’                                                                                                                           ‘If you accept Hiss’s guilt, as most historians now do, you will profit from G.
Known as the ‘Great Dissenter,’ Oliver Wendell Holmes, Jr. wrote some of the       — Rennard Strickland, Philip H. Knight Professor of Law,                                                                                                                      Edward White’s supplementary speculations about why, after prison, that
most eloquent opinions in the history of the United States Supreme Court. A          University of Oregon                                                                                                                                                        serene and charming man sacrificed his marriage, exploited a son’s love and
brilliant legal mind who served on the high court into his nineties, Holmes was                                                                                                                                                                                  abused the trust of fervent supporters to wage a 42-year struggle for a
responsible for some of the most important judicial opinions of the twentieth      In 1823, Chief Justice John Marshall handed down a Supreme Court decision of
                                                                                   monumental importance in defining the rights of indigenous peoples                                                                                                            vindication that could never be honestly gained’
century. Now, in this superb short biography, G. Edward White offers readers a
lively, informative portrait of this singular individual.The book first sketches   throughout the English-speaking world. At the heart of the decision for Johnson                                                                                               — Max Frankel,The New York Times Book Review
Holmes’s early years, his childhood in Boston, his undergraduate years at          v. M’Intosh was a “discovery doctrine” that gave rights of ownership to the
                                                                                                                                                                                                                                                                 OUP USA
Harvard (which his father and both grandfathers also attended), and his valiant    European sovereigns who “discovered” the land and converted the indigenous
                                                                                                                                                                                                                                                                 Paperback / 0-19-518255-3 / 978-0-19-518255-2 / $16.95
service in the Civil War, during which he was severely wounded three times.        owners into tenants.Though its meaning and intention has been fiercely                                                                                                        2005 / 320 pp
After the war, Holmes went into private law practice, wrote his landmark           disputed, more than 175 years later, this doctrine remains the law of the land.
treatise The Common Law in 1881, had a short tenure on the Harvard Law             In 1991, while investigating the discovery doctrine’s historical origins Lindsay
School faculty, and spent 20 years as a judge on the Supreme Judicial Court of     Robertson made a startling find; in the basement of a Pennsylvania furniture-
Massachusetts before being named to the U.S. Supreme Court.The author              maker, he discovered a trunk with the complete corporate records of the
focuses on his remarkable 30-year service as a Supreme Court Justice,              Illinois and Wabash Land Companies, the plaintiffs in Johnson v. M’Intosh.
beginning in 1902, and details Holmes’s most significant cases – Abrams v.         Conquest by Law provides, for the first time, the complete and troubling
United States, Northern Securities Co. v. United States, Lochner v. New York,      account of the European “discovery” of the Americas.This is a gripping tale of
Schenck v. United States, and others – which limited working hours, set a          political collusion, detailing how a spurious claim gave rise to a doctrine--
mandatory minimum wage, protected women’s rights, legalized labor unions,          intended to be of limited application--which itself gave rise to a massive
and defined freedom of speech.These decisions as well as The Common Law are        displacement of persons and the creation of a law that governs indigenous
highly regarded to this day.                                                       people and their lands to this day.

Lives and Legacies Series                                                          OUP USA
OUP USA                                                                            Paperback / 0-19-531489-1 / 978-0-19-531489-2 / $19.95
Hardback / 0-19-530536-1 / 978-0-19-530536-4 / $17.95                              April 2007
2006 / 172 pp                                                                      Hardback / 0-19-514869-X / 978-0-19-514869-5 / $29.95
                                                                                   2005 / 272 pp




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LEGAL HISTORY                                                                                                                                                                                                                                                                                                                      LEGAL HISTORY


Partners for Democracy                                                                    The Oxford History of the Laws of England Volume VI                             Property and Civil Society in                                                             Litigation in Roman Law
Crafting the New Japanese State under MacArthur                                           1483-1558                                                                       South-Western Germany 1820-1914                                                           Ernest Metzger, Senior Lecturer in Law,
Ray A. Moore, Professor of History and Asian Studies,                                     Sir John Baker                                                                                                                                                            University of Aberdeen
                                                                                                                                                                          Jonathan Sperber, Curators’ Professor of History,
                                                                                          Hardback / 0-19-825817-8 / 978-0-19-825817-9 / $324.00
Amherst College, and Donald L. Robinson, Charles N. Clark                                 2003 / 1,024 pp                                                                 University of Missouri                                                                    Most modern accounts of how the classical Romans sued each
Professor of Government and American Studies, Smith College                                                                                                                                                                                                         other tend to show the opponents willingly cooperating under
                                                                                                                                                                          Based on extensive documentation from civil court records,
                                                                                          Anne Orthwood’s Bastard                                                                                                                                                   the guidance of a magistrate, until their case was ready for
In 1945, Japan surrendered unconditionally to the United States                                                                                                           this book provides important new insights into the nature of
                                                                                          Sex and Law in Early Virginia                                                                                                                                             trial.This view of relatively polite and orderly initiation of suits
and its allies, thereby planting the seed from which would spring                                                                                                         civil society, forms of social conflict, and the application of the
                                                                                                                                                                                                                                                                    was based on tiny amounts of evidence. Metzger examines a
one of the world’s most successful and stable democracies.                                John Ruston Pagan                                                               law to everyday life.The book’s intriguing, sometimes bizarre,
                                                                                                                                                                                                                                                                    flood of new evidence, painting a picture of litigation that is far
Here is the story of how a devastated land came to construct— at times                    OUP USA                                                                         and always revealing stories of legal disputes offer an ironic and bemused
                                                                                                                                                                                                                                                                    less polite and far less orderly. He examines how the rules of procedure coped with
aggressively and rapidly, at times deliberately and only after much debate-a              Paperback / 0-19-514479-1 / 978-0-19-514479-6 / $24.95                          view of the past human condition.
                                                                                                                                                                                                                                                                    the typical pretrial delays that the Roman system, and indeed any legal system, faces.
democracy that stands today as the envy of many other nations.                            2003 / 232 pp
                                                                                                                                                                          Hardback / 0-19-928475-X / 978-0-19-928475-7 / $99.00
                                                                                                                                                                          2005 / 295 pp                                                                             Hardback / 0-19-829855-2 / 978-0-19-829855-7 / $99.00
OUP USA                                                                                   Reconstructing the Dreamland                                                                                                                                              2005 / 232 pp
Paperback / 0-19-517176-4 / 978-0-19-517176-1 / $27.50                                    The Tulsa Race Riot of 1921. Race, Reparations, and Reconciliation
2003 / 424 pp
                                                                                          Alfred L. Brophy                                                                Genocide on Trial                                                                         A Casebook on Roman Family Law
                                                                                          Foreword by Randall Kennedy                                                     War Crimes Trials and the Formation of
The Proprietary Church in the Medieval West                                                                                                                                                                                                                         Bruce W. Frier, Professor of Classics and Roman Law,
                                                                                          OUP USA
                                                                                                                                                                          Holocaust History and Memory
Susan Wood, Emeritus Fellow, St Hugh’s College, Oxford                                                                                                                                                                                                              University of Michigan, and Thomas A. J. McGinn,
                                                                                          Paperback / 0-19-516103-3 / 978-0-19-516103-8 / $16.95                          Donald Bloxham, Lecturer in History,                                                      Associate Professor of Classicical Studies,
This book examines in what ways and how far medieval churches were treated as                                                                                             University of Edinburgh
items of property.The approach is as much social and religious as legal and
                                                                                          The Detection of Heresy in Late Medieval England                                                                                                                          Vanderbilt University
administrative, and explores ideas and assumptions as well as practical exploitation      Ian Forrest, Research Fellow, All Souls College, Oxford                         ‘Dr. Bloxham writes so well and manages the three-                                        This Casebook presents representative texts from Roman
and property dealings.                                                                    Oxford Historical Monographs                                                    ringed circus of his argument so deftly that his book is a                                legal sources that introduce the basic problems arising in
                                                                                          Clarendon Press
                                                                                                                                                                          lot easier to read and its argument easier to follow than                                 Roman families, including marriage and divorce, the pattern of
Hardback / 0-19-820697-6 / 978-0-19-820697-2 / $199.00                                    Hardback / 0-19-928692-2 / 978-0-19-928692-8 / $95.00
2006 / 1,008 pp                                                                           2005 / 292 pp                                                                   might have been expected of an enterprise boldly transcending the                         authority within households, the transmission of property
                                                                                                                                                                                                                                                                    between generations, and the supervision of orphans.
                                                                                                                                                                          departmental boundaries of law, history and politics.’
                                                                                          Essex Pauper Letters, 1731-1837
Frederick Pollock and the English Juristic Tradition                                      Edited by Thomas Sokoll
                                                                                                                                                                          — Geoffrey Best, English Historical Review                                                American Philological Association Classical Resources Series
                                                                                                                                                                                                                                                                    OUP USA
Neil Duxbury                                                                              OUP/British Academy                                                             Paperback / 0-19-925904-6 / 978-0-19-925904-5 / $29.95                                    Paperback / 0-19-516186-6/ 978-0-19-516186-1 / $39.95
                                                                                          Paperback / 0-19-726348-8 / 978-0-19-726348-8 / $55.00                          2003 / 294 pp                                                                             Hardback / 0-19-516185-8 / 978-0-19-516185-4 / $99.00
‘Thorough in its detail and meticulous in its research, this work is written in           2005 / 772 pp                                                                                                                                                             2003 / 528 pp
a stylish and entertaining manner, and sparkles with lively turns of phrase. It
                                                                                          Crime, Justice and Discretion in England 1740-1820                              Courts and Conflict in
is a first-rate piece of history, setting Pollock into his Victorian and Edwardian
                                                                                          Peter King, Professor of Social History, University College Northampton         Twelfth-Century Tuscany                                                                   Aboriginal Societies and the Common Law
context, and describing the academic and public world of late nineteenth
                                                                                          Paperback / 0-19-925907-0 / 978-0-19-925907-6 / $55.00                          Chris Wickham, Professor of Early Medieval History, University of Birmingham              A History of Sovereignty, Status, and Self-Determination
and early twentieth century law.’
                                                                                          2003 / 398 pp                                                                                                                                                             P.G. McHugh
— Michael Lobban, Modern Law Review                                                                                                                                       ‘a brilliant work of exceptional relevance, destined to hold an important
                                                                                          Cannabis Britannica                                                                                                                                                       Hardback / 0-19-825248-X / 978-0-19-825248-1 / $165.00
Oxford Studies in Modern Legal History                                                                                                                                    place in future studies’                                                                  2004 / 778 pp
Hardback / 0-19-927022-8 / 978-0-19-927022-4 / $125.00                                    Empire,Trade, and Prohibition 1800-1928                                         — Historia Agraria
2004 / 458 pp                                                                             James H. Mills                                                                                                                                                            Behind The Mask
                                                                                          Paperback / 0-19-927881-4 / 978-0-19-927881-7 / $27.50                          Hardback / 0-19-926586-0 / 978-0-19-926586-2 / $129.95                                    The Cultural Definition of the Legal Subject in Colonial Bengal (1715-1911)
                                                                                                                                                                          2003 / 376 pp
House of Lords Sessional Papers,                                                          2005 / 252 pp                                                                                                                                                             Anindita Mukhopadhyay
1714-1805                                                                                 Governments, Labour, and                                                        The Justice of Venice
                                                                                                                                                                                                                                                                    Hardback / 0-19-568083-9 / 978-0-19-568083-6 / $29.95
                                                                                                                                                                                                                                                                    November 2006 / 296 pp
With Index                                                                                the Law in Mid-Victorian Britain                                                Authorities and Liberties in the Urban Economy, 1550-1700
Compiled by F.William Torrington                                                          The Trade Union Legislation of the 1870s                                                                                                                                  East Pakistan:The Endgame
                                                                                                                                                                          James E Shaw, Lecturer in Early Modern History, University of Sheffield                   An Onlooker’s Journal 1969-1971
                                                                                          Mark Curthoys
This compilation of the parliamentary papers of the House of Lords is one of the                                                                                          By studying one of the oldest courts of the city, this volume discusses the impact of
                                                                                          Oxford Historical Monographs                                                                                                                                              Abdul Rehman Siddiqi
richest and most substantial sources of British legal history ever published. It                                                                                          Venice’s unique brand of justice on its ordinary citizens.The criminal cases shed light
                                                                                          Clarendon Press                                                                                                                                                           OUP Pakistan
consists of all the surviving reports, bills, accounts, resolutions, orders, ordinances                                                                                   on the black market economy; the civil cases demonstrate that justice was cheap,
                                                                                          Hardback / 0-19-926889-4 / 978-0-19-926889-4 / $129.95                                                                                                                    Hardback / 0-19-579993-3 / 978-0-19-579993-4 / $19.95
presented to the House of Lords and ordered to be printed.This set is the result of       2004 / 292 pp                                                                   fast and accessible to all.                                                               2004 / 350 pp
a unique collaboration among the House of Lords Library, the National Library of
Scotland, and the Treasury, Home Office, and Department of Trade and Industry,            The Government of Scotland 1560-1625                                            British Academy Postdoctoral Fellowship Monographs                                        Faithlines:
under the coordination of the editor, F.William Torrington. Handsomely produced in        Julian Goodare                                                                  OUP/British Academy
                                                                                                                                                                          Hardback / 0-19-726377-1 / 978-0-19726377-8 / $65.00
                                                                                                                                                                                                                                                                    Muslim Conceptions of Islam and Society
quarter bound folio volumes with distinctive gold lettering, this set is a must for any   Hardback / 0-19-924354-9 / 978-0-19-924354-9 / $165.00
serious legislative collection.                                                                                                                                           2006 / 256 pp                                                                             Riaz Hassan
                                                                                          2004 / 352 pp / None
                                                                                                                                                                                                                                                                    OUP Pakistan
Oceana Publications                                                                       Anglo-Scottish Relations from 1603 to 1900                                                                                                                                Paperback / 0-19-579930-5 / 978-0-19-579930-9 / $24.95
65 bound volumes / 0-379-20014-7 / 978-0-379-20014-0 / $51.95                                                                                                                                                                                                       2004 / 294 pp
1972                                                                                      Edited by T C Smout,
                                                                                          Proceedings of the British Academy No. 127                                                                                                                                Wisdom-Laws
                                                                                          OUP/British Academy                                                                                                                                                       A Study of the Mishpatim of Exodus 21:1-22:16
The Oxford History of the Laws of England Volume I                                        Hardback / 0-19-726330-5 / 978-0-19-726330-3 / $85.00
The Canon Law and Ecclesiastical Jurisdiction from 597 to the 1640s                       2005 / 288 pp                                                                                                                                                             Bernard S Jackson
R. H. Helmholz                                                                                                                                                                                                                                                      Hardback / 0-19-826931-5 / 978-0-19-826931-1/ $150.00
                                                                                          Anglo-Scottish Relations, from 1900 to Devolution                                                                                                                         2006 / 576 pp
Hardback / 0-19-825897-6 / 978-0-19-825897-1 / $335.00                                    and Beyond
2004 / 726 pp                                                                                                                                                                                                                                                       A History of Public Law in Germany 1914-1945
                                                                                          Edited by William L Miller
                                                                                                                                                                                                                                                                    Michael Stolleis and Thomas Dunlap
                                                                                          Proceedings of the British Academy No.Volume 128
                                                                                          OUP/British Academy                                                                                                                                                       Hardback / 0-19-926936-X / 978-0-19-926936-5 / $145.00
                                                                                          Hardback / 0-19-726331-3 / 978-0-19-726331-0 / $74.00                                                                                                                     2004 / 504 pp
                                                                                          2005 / 272 pp / 4 figures, 38 tables




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LEGAL HISTORY


Cicero the Advocate                                                                       Menander
                                                             P
Jonathan Powell, Professor of Latin, Royal Holloway,                                      A Rhetor in Context
University of London, and Jeremy Paterson, Senior Lecturer                                Malcolm Heath, Professor of Greek, Department of Classics, University of Leeds
in Ancient History, University of Newcastle upon Tyne
                                                                                          This detailed reassessment of the history and social significance of rhetoric in late
‘Skilled editors and a team of experts offer what is                                      antiquity shows how it was taught, and why the skills it promoted were still believed
effectively an ‘Oxford Companion to Cicero’s Forensic                                     to have a direct application in the subsequent careers of the rhetoricians’ pupils.
Speeches’- and a boon companion it is . . . Highly                                        Hardback / 0-19-925920-8 / 978-0-19-925920-5 / $165.00
recommended.’                                                                             2004 / 392 pp
— CHOICE
Cicero’s courtroom speeches are the most significant examples we have of the art
                                                                                          Ancient Supplication
of the ancient Roman advocate.This book is the first in English to take them              F. S. Naiden, Assistant Professor, Department of Classical Studies,Tulane University
seriously as examples of advocacy designed to secure a verdict.
                                                                                          Ancient Supplication is the first book-length treatment of a key religious practice in
Hardback / 0-19-815280-9 / 978-0-19-815280-4 / $195.00                                    ancient Mediterranean civilizations. Besides setting forth a typology that applies to
2004                                                                                      hundreds of acts of supplication in both Greek and Latin sources, this book traces
Paperback / 0-19-929829-7 / 978-0-19929829-7 / $55.00                                     the links between an originally quasi-legal practice into features of Greek and Roman
2006 / 460 pp                                                                             legal systems.
                                                                                          OUP USA
The Attic Orators                                                         New             Hardback / 0-19-518341-X / 978-0-19-518341-2 / $74.00
Edited by Edwin Carawan, Professor of Classics,                                           August 2006 / 480 pp
Missouri State University
                                                                                          Marsilius of Padua and ‘the Truth of History’
A collection of fourteen essays by influential scholars on the `Attic Orators’, the ten
or so speechwriters who developed rhetoric in democratic Athens from c.420 to             George Garnett, Fellow and Tutor in Modern History, St Hugh’s College, Oxford
c.320 BC. All Greek quotations have been translated.                                      George Garnett’s iconoclastic re-reading of Marsilius’s work - based on a careful
Oxford Readings in Classical Studies                                                      attention to the texts - overturns the widely accepted view of him as a secular
Paperback / 0-19-927993-4 / 978-0-19927993-7 / $45.00                                     political theorist and proponent of republicanism, and re-establishes him in his
Hardback / 0-19-927992-6 / 978-0-19-927992-0 / $130.00                                    proper historical context.
April 2007 / 350 pp
                                                                                          Hardback / 0-19-929156-X / 978-0-19-929156-4 / $80.00
                                                                                          June 2006 / 240 pp
The Constitution of the Roman Republic
Andrew Lintott                                                                            An Introduction to Roman Law
Paperback / 0-19-926108-3 / 978-0-19-926108-6 / $39.95
                                                                                                                                                                            i
                                                                                          The Late Barry Nicholas
2003 / 310 pp
                                                                                          An Introduction to Roman Law sketches the history of Roman Private Law from the
Prostitution, Sexuality, and the Law in                                                   Twelve Tables to modern times, and sets out the elements of the system.Without
Ancient Rome                                                                              attempting to summarize the whole law, it explains and evaluates its most
Thomas A. J. McGinn, Associate Professor of Classical Studies,                            characteristic and influential features.
Vanderbilt University, USA
                                                                                          Clarendon Law Series
OUP USA                                                                                   Paperback / 0-19-876063-9 / 978-0-19-876063-4 / $55.00
Paperback / 0-19-516132-7 / 978-0-19-516132-8 / $45.00                                    1975 / 298 pp
2003 / 432 pp

The Roman World of Cicero’s De Oratore
Elaine Fantham, Giger Professor of Latin Emerita, Princeton University
                                                                                 P        STUDENT TEXTBOOKS IN
Hardback / 0-19-926315-9 / 978-0-19-926315-8 / $150.00
2004
                                                                                          LEGAL HISTORY
Paperback / 0-19-920773-9 / 978-0-19920773-2 / $45.00
October 2006 / 368 pp                                                                     Textbook on Roman Law                                                    @        i
                                                                                          Third Edition
Cicero’s Topica                                                                           Andrew Borkowski, Reader in Law at the University of Bristol, Paul du Plessis,
Edited with an Introduction,Translation, and Commentary                          P        Lecturer in Law at Edinburgh University
Edited by Tobias Reinhardt, Fellow and Tutor in Classics at                               Paperback / 0-19-927607-2 / 978-0-19-927607-3 / $49.95
Somerville College, Oxford                                                                2005 / 436 pp
Oxford Classical Monographs
Hardback / 0-19-926346-9 / 978-0-19-926346-2 / $150.00
                                                                                          An Introduction to English Legal History                                          i
2003                                                                                      Fourth Edition
Paperback / 0-19-920771-2 / 978-0-19920771-8 / $55.00                                     J.H. Baker, Downing Professor of the Laws of England and Fellow of St Catharine’s
October 2006 / 452 pp                                                                     College, Cambridge; Honorary Bencher of the Inner Temple
                                                                                          Paperback / 0-40-693053-8 / 978-0-40-693053-8 / $55.00
                                                                                          2002 / 650 pp




156          1                                                                                                                 T 1-866-445-8685          F 1-919-677-1303

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Introduction To The Legal System Of The United States A History Of

  • 1. LEGAL HISTORY Introduction to the Winner of the Peter Birks Prize for Outstanding Legal Scholarship, 2005 Legal System of the United States A History of Water P Third Edition Rights at Common Law Allan Farnsworth, formerly the Alfred McCormack Joshua Getzler, Fellow and Tutor in Law at St Hugh’s Professor of Law, Columbia Law School College, Oxford In this classic text, translated into over a dozen languages, ‘Getzler’s work will bring the reader as close as any constitutional scholar and Columbia Law School professor E. Allan Farnsworth study could to what happened, and to what was in provides a clear explanation of the structure and function of the U.S. legal system, analyzing the legislative and judicial systems on both the federal and the minds of those who made it happen.’ state levels. For decades, students of American law have relied on this lucid text — James Gordley, Law Quarterly Review as an invaluable guide to basic case law and as a means of interpreting statutes, differences between civil and criminal procedure, and the distinction between ‘The research is exhaustive and meticulously executed, and the resulting private and public law. analysis is clearly and articulately communicated.’ — Charlotte Smith, Journal of Environmental Law Oceana Publications 1996 (1951) This volume describes how the courts created rights for land owners and Paperback / 0-379-21373-7 / 978-0-379-21373-7 / $29.50 users competing to appropriate water for factories, town supply, drainage, and 1996 / 210 pp transport. It covers the period from early times to the late nineteenth century, illustrating the changing common law of property and tort, and throwing new History of the Federal Courts light on the growth of the economy and the social and legal dimensions of technological innovation. Second Edition Erwin Surrency, Professor Emeritus University of Georgia Law School Oxford Studies in Modern Legal History Paperback / 0-19-920760-7 /978-0-19920760-2 / $45.00 This pioneering text presents the history of the federal courts since their June 2006 establishment in 1789 and the changes that have occurred in the years since.The Hardback / 0-19-826581-6 / 978-0-19-826581-8 / $144.00 author examines the historical context from which the federal court system grew 2004 / 446 pp and explores the expansion of the court system in response to procedural, conceptual, and historical influences. A Jurisprudence of Power Oceana Publications Victorian Empire and the Rule of Law Hardback / 0-379-21433-4 / 978-0-379-21433-8 / $125.00 R.W. Kostal, Associate Professor of Law and History, 2002 / 558 pp University of Western Ontario Law without Justice A Jurisprudence of Power concerns the brutal suppression under Why Criminal Law Doesn’t Give People martial law of the Jamaica uprising of 1865, and the explosive debate and litigation these events spawned in England.The What They Deserve book explores the centrality of legal ideas and institutions in Paul H. Robinson, Colin S. Diver Distinguished Professor of English politics, and of political ideas that give rise to great Law, University of Pennsylvania Law School, and Michael T. questions of English law. Cahill, Assistant Professor of Law, Brooklyn Law School It documents how the world’s most powerful and articulate political elite struggled with fundamental questions about law, morality, and power. Can a constitutional state If an innocent person is sent to prison or if a killer walks free, rule a sprawling empire without breaking faith with the rule of law? Can it contend we are outraged.The legal system assures us, and we expect with the violent resistance of subjugated peoples without corrupting the integrity of and demand, that it will seek to “do justice” in criminal cases. its legal and political ideals? So why, for some cases, does the criminal law deliberately and routinely sacrifice justice? In this unflinching look at American criminal law, Paul Robinson and Michael The book addresses these questions as it reconstructs the most prolonged and Cahill demonstrate that cases with unjust outcome are not always irregular or important conflict over martial law and the rule of law in the history of England in unpredictable. Rather, that criminal law sometimes chooses not to give defendants the nineteenth century. what they deserve: that is, unsatisfying results occur even when the system works as it is designed to work.With a panoramic view of the overlapping and often Oxford Studies in Modern Legal History competing goals that our legal institutions must balance on a daily basis, Law without Hardback / 0-19-826076-8 / 978-0-19-826076-9 / $140.00 2005 / 544 pp Justice challenges us to restore justice to the criminal justice system. OUP USA Paperback / 0-19-516015-0 / 978-0-19-516015-4 / $35.00 2005 / 332 pp Revolution and the Making of the Contemporary Legal Profession England, France, and the United States Michael Burrage, Research Fellow in Industrial Relations, London School of Economics and Political Science Examining the social revolutions in France, the United States, and England during industrialization, this book looks at the different ways in which social upheaval has prompted radical divergences in the organisation and regulation of the legal profession. Oxford Socio-Legal Studies Hardback / 0-19-928298-6 / 978-0-19-928298-2 / $150.00 2005 / 704 pp www.oup.com 1 151
  • 2. LEGAL HISTORY LEGAL HISTORY The American NE American Legal History The Pursuit of Fairness The World’s Richest Indian A History of Affirmative Action The Scandal over Jackson Barnett’s Oil Fortune Judicial Tradition Cases and Materials Terry H. Anderson, Professor of History,Texas A&M University Tanis C.Thorne, University of California, Irvine, and Lecturer, Profiles of Leading American Judges Third Edition Sacramento State University ‘Few books match the breadth of his story of affirmative action in the Third Edition Kermit L. Hall, Utah State University, Paul Finkelman, Chapman United States ....Anderson skillfully weaves the story of how racism, sexism ‘A historical tour-de-force that dramatically and depressingly shows how a Distinguished Professor of Law, University of Tulsa, and James W. Ely, Jr., and paternalism for the disabled come out of the common cloth of confluence of law, racial attitudes, scheming individuals, and bureaucratic G. Edward White, University of Virginia Professor of Law and History,Vanderbilt University American prejudices.’ institutions devastated the considerable rights and resources of Jackson ‘A rich source of information and ideas....Worthwhile not only because, Revised and expanded in this third edition, American Legal History now — Timothy J. O’Neill, Law & Politics Book Review Barnett, a Creek Nation citizen, and by extension the rights of other similarly as history, it provides an excellent introduction to some of the most features a new co-author, James Ely, who is a specialist on property rights.This Affirmative action strikes at the heart of deeply held beliefs about employment and situated indigenous people.Thorne’s lucid account is a worthy and timely influential American judges and cases, but also because as theory it, like highly acclaimed text provides a comprehensive selection of the most education, about the concepts of justice and fairness, and about the troubled history successor to Angie Debo’s And Still the Waters Run, a penetrating analysis of important documents in the field, which integrate the history of public and of race relations in America.This is the only book available that gives readers a the systematic fraud and dispossession that was perpetuated on the citizens all good books, provokes as many questions as it resolves.’ private law from America’s colonial origins to the present. Devoting special balanced, non-polemical, and lucid account of this highly contentious issue. — Administrative Law Review attention to the interaction of social and legal change, it shows how legal ideas of the Five Civilized Tribes of Oklahoma by similar forces.’ developed in tandem with specific historical events and reveals a rich legal OUP USA — David E.Wilkins, University of Minnesota ‘Among the important books,The American Judicial Tradition deserves a Paperback / 0-19-518245-6 / 978-0-19-518245-3 / $18.95 culture unique to America.The book also deals with state and federal courts OUP USA prominent place....In an era of growing concern about the ‘imperial and looks at the relationship between the development of American society, 2005 / 344 pp Hardback / 0-19-516233-1 / 978-0-19-516233-2 / $65.00 judiciary,’ it merits the serious reader’s attention’ politics, and economy, and how it relates to the evolution of American law. Paperback / 0-19-518298-7 / 978-0-19-518298-9 / $19.95 — Jethro Lieberman,The New York Times Book Review Introductions and instructive headnotes accompany each document, tying legal James Madison and the Struggle New 2005 / 312 pp developments to broader historical themes and providing a social and political for the Bill of Rights ‘A scholarly, well-informed, illuminating work that penetrates the context essential to an understanding of the history of law in America. Richard Labunski, Associate Professor, School of Journalism and Massive Resistance mystique of the judicial mantle....White has superbly conveyed the Setting the legal challenges of the twenty-first century in a broad context, morality of one of our most sacred institutions’ Telecommunications, University of Kentucky Southern Opposition to the Second Reconstruction American Legal History,Third Edition, is an essential text for students and — Trial Magazine teachers of constitutional and legal history, the judicial process, and the effects The untold story of the fiercely contested ratification of the United States Edited by Clive Webb, Lecturer in American Studies, University of Sussex of law on society. Constitution, and how Founding Father James Madison defied his fellow Virginians Massive Resistance brings together ten essays that critically assess southern white Now available in a newly revised and updated third edition, this highly acclaimed volume presents a series of portraits of the most famous appellate who opposed the Constitution, to ensure that it, and the Bill of Rights, would bring resistance to school desegregation.The collection examines in close detail the OUP USA judges in American history from John Marshall to the Rehnquist court. G. the colonies together as a unified nation. practice of massive resistance, revealing the ideological and tactical divisions that Paperback / 0-19-516225-0 / 978-0-19-516225-7 / $49.95 Edward White traces the American judicial tradition through sketches of the Hardback / 0-19-516224-2 / 978-0-19-516224-0 / $80.95 characterized the southern white response to civil rights protest as well as the Pivotal Moments in American History careers and contributions of such significant judges as John Marshall, Joseph 2004 / 734 pp OUP USA illusion of the union of racial moderates and extremists in what has been called a Story, Roger Taney, Oliver Wendell Holmes, Louis Brandeis, Charles Evans Hardback / 0-19-518105-0 / 978-0-19-518105-0 / $28.00 solid white South. Hughes, Felix Frankfurter, Hugo Black, Earl Warren,William Brennan, and Sandra July 2006 / 320 pp Day O’Connor.This expanded edition contains a new preface, an updated Conquest by Law P OUP USA Paperback / 0-19-517786-X / 978-0-19-517786-2 / $19.95 bibliographical note, and a new chapter on the Rehnquist Court. How the Discovery of America Dispossessed Hardback / 0-19-517785-1 / 978-0-19-517785-5 / $65.00 2005 / 258 pp OUP USA Hardback / 0-19-513962-3 / 978-0-19-513962-4 / $99.00 Indigenous Peoples of Their Lands Paperback / 0-19-513963-1 / 978-0-19-513963-1 / $24.95 Lindsay G. Robertson, University of Oklahoma College of Law Alger Hiss’s Looking-Glass Wars December 2006 / 640 pp The Covert Life of a Soviet Spy ‘This is an exceptional work that breaks new ground and contributes to G. Edward White, David and Mary Harrison Distinguished Professor, Oliver Wendell Holmes Jr. New our understanding not only of a specific case, but of the role of the Supreme Court in the American Republic. An important contribution to University of Virginia School of Law G. Edward White, University Professor both the study of law and the history of the West.’ ‘If you accept Hiss’s guilt, as most historians now do, you will profit from G. Known as the ‘Great Dissenter,’ Oliver Wendell Holmes, Jr. wrote some of the — Rennard Strickland, Philip H. Knight Professor of Law, Edward White’s supplementary speculations about why, after prison, that most eloquent opinions in the history of the United States Supreme Court. A University of Oregon serene and charming man sacrificed his marriage, exploited a son’s love and brilliant legal mind who served on the high court into his nineties, Holmes was abused the trust of fervent supporters to wage a 42-year struggle for a responsible for some of the most important judicial opinions of the twentieth In 1823, Chief Justice John Marshall handed down a Supreme Court decision of monumental importance in defining the rights of indigenous peoples vindication that could never be honestly gained’ century. Now, in this superb short biography, G. Edward White offers readers a lively, informative portrait of this singular individual.The book first sketches throughout the English-speaking world. At the heart of the decision for Johnson — Max Frankel,The New York Times Book Review Holmes’s early years, his childhood in Boston, his undergraduate years at v. M’Intosh was a “discovery doctrine” that gave rights of ownership to the OUP USA Harvard (which his father and both grandfathers also attended), and his valiant European sovereigns who “discovered” the land and converted the indigenous Paperback / 0-19-518255-3 / 978-0-19-518255-2 / $16.95 service in the Civil War, during which he was severely wounded three times. owners into tenants.Though its meaning and intention has been fiercely 2005 / 320 pp After the war, Holmes went into private law practice, wrote his landmark disputed, more than 175 years later, this doctrine remains the law of the land. treatise The Common Law in 1881, had a short tenure on the Harvard Law In 1991, while investigating the discovery doctrine’s historical origins Lindsay School faculty, and spent 20 years as a judge on the Supreme Judicial Court of Robertson made a startling find; in the basement of a Pennsylvania furniture- Massachusetts before being named to the U.S. Supreme Court.The author maker, he discovered a trunk with the complete corporate records of the focuses on his remarkable 30-year service as a Supreme Court Justice, Illinois and Wabash Land Companies, the plaintiffs in Johnson v. M’Intosh. beginning in 1902, and details Holmes’s most significant cases – Abrams v. Conquest by Law provides, for the first time, the complete and troubling United States, Northern Securities Co. v. United States, Lochner v. New York, account of the European “discovery” of the Americas.This is a gripping tale of Schenck v. United States, and others – which limited working hours, set a political collusion, detailing how a spurious claim gave rise to a doctrine-- mandatory minimum wage, protected women’s rights, legalized labor unions, intended to be of limited application--which itself gave rise to a massive and defined freedom of speech.These decisions as well as The Common Law are displacement of persons and the creation of a law that governs indigenous highly regarded to this day. people and their lands to this day. Lives and Legacies Series OUP USA OUP USA Paperback / 0-19-531489-1 / 978-0-19-531489-2 / $19.95 Hardback / 0-19-530536-1 / 978-0-19-530536-4 / $17.95 April 2007 2006 / 172 pp Hardback / 0-19-514869-X / 978-0-19-514869-5 / $29.95 2005 / 272 pp 152 1 T 1-866-445-8685 F 1-919-677-1303 www.oup.com 1 153
  • 3. LEGAL HISTORY LEGAL HISTORY Partners for Democracy The Oxford History of the Laws of England Volume VI Property and Civil Society in Litigation in Roman Law Crafting the New Japanese State under MacArthur 1483-1558 South-Western Germany 1820-1914 Ernest Metzger, Senior Lecturer in Law, Ray A. Moore, Professor of History and Asian Studies, Sir John Baker University of Aberdeen Jonathan Sperber, Curators’ Professor of History, Hardback / 0-19-825817-8 / 978-0-19-825817-9 / $324.00 Amherst College, and Donald L. Robinson, Charles N. Clark 2003 / 1,024 pp University of Missouri Most modern accounts of how the classical Romans sued each Professor of Government and American Studies, Smith College other tend to show the opponents willingly cooperating under Based on extensive documentation from civil court records, Anne Orthwood’s Bastard the guidance of a magistrate, until their case was ready for In 1945, Japan surrendered unconditionally to the United States this book provides important new insights into the nature of Sex and Law in Early Virginia trial.This view of relatively polite and orderly initiation of suits and its allies, thereby planting the seed from which would spring civil society, forms of social conflict, and the application of the was based on tiny amounts of evidence. Metzger examines a one of the world’s most successful and stable democracies. John Ruston Pagan law to everyday life.The book’s intriguing, sometimes bizarre, flood of new evidence, painting a picture of litigation that is far Here is the story of how a devastated land came to construct— at times OUP USA and always revealing stories of legal disputes offer an ironic and bemused less polite and far less orderly. He examines how the rules of procedure coped with aggressively and rapidly, at times deliberately and only after much debate-a Paperback / 0-19-514479-1 / 978-0-19-514479-6 / $24.95 view of the past human condition. the typical pretrial delays that the Roman system, and indeed any legal system, faces. democracy that stands today as the envy of many other nations. 2003 / 232 pp Hardback / 0-19-928475-X / 978-0-19-928475-7 / $99.00 2005 / 295 pp Hardback / 0-19-829855-2 / 978-0-19-829855-7 / $99.00 OUP USA Reconstructing the Dreamland 2005 / 232 pp Paperback / 0-19-517176-4 / 978-0-19-517176-1 / $27.50 The Tulsa Race Riot of 1921. Race, Reparations, and Reconciliation 2003 / 424 pp Alfred L. Brophy Genocide on Trial A Casebook on Roman Family Law Foreword by Randall Kennedy War Crimes Trials and the Formation of The Proprietary Church in the Medieval West Bruce W. Frier, Professor of Classics and Roman Law, OUP USA Holocaust History and Memory Susan Wood, Emeritus Fellow, St Hugh’s College, Oxford University of Michigan, and Thomas A. J. McGinn, Paperback / 0-19-516103-3 / 978-0-19-516103-8 / $16.95 Donald Bloxham, Lecturer in History, Associate Professor of Classicical Studies, This book examines in what ways and how far medieval churches were treated as University of Edinburgh items of property.The approach is as much social and religious as legal and The Detection of Heresy in Late Medieval England Vanderbilt University administrative, and explores ideas and assumptions as well as practical exploitation Ian Forrest, Research Fellow, All Souls College, Oxford ‘Dr. Bloxham writes so well and manages the three- This Casebook presents representative texts from Roman and property dealings. Oxford Historical Monographs ringed circus of his argument so deftly that his book is a legal sources that introduce the basic problems arising in Clarendon Press lot easier to read and its argument easier to follow than Roman families, including marriage and divorce, the pattern of Hardback / 0-19-820697-6 / 978-0-19-820697-2 / $199.00 Hardback / 0-19-928692-2 / 978-0-19-928692-8 / $95.00 2006 / 1,008 pp 2005 / 292 pp might have been expected of an enterprise boldly transcending the authority within households, the transmission of property between generations, and the supervision of orphans. departmental boundaries of law, history and politics.’ Essex Pauper Letters, 1731-1837 Frederick Pollock and the English Juristic Tradition Edited by Thomas Sokoll — Geoffrey Best, English Historical Review American Philological Association Classical Resources Series OUP USA Neil Duxbury OUP/British Academy Paperback / 0-19-925904-6 / 978-0-19-925904-5 / $29.95 Paperback / 0-19-516186-6/ 978-0-19-516186-1 / $39.95 Paperback / 0-19-726348-8 / 978-0-19-726348-8 / $55.00 2003 / 294 pp Hardback / 0-19-516185-8 / 978-0-19-516185-4 / $99.00 ‘Thorough in its detail and meticulous in its research, this work is written in 2005 / 772 pp 2003 / 528 pp a stylish and entertaining manner, and sparkles with lively turns of phrase. It Crime, Justice and Discretion in England 1740-1820 Courts and Conflict in is a first-rate piece of history, setting Pollock into his Victorian and Edwardian Peter King, Professor of Social History, University College Northampton Twelfth-Century Tuscany Aboriginal Societies and the Common Law context, and describing the academic and public world of late nineteenth Paperback / 0-19-925907-0 / 978-0-19-925907-6 / $55.00 Chris Wickham, Professor of Early Medieval History, University of Birmingham A History of Sovereignty, Status, and Self-Determination and early twentieth century law.’ 2003 / 398 pp P.G. McHugh — Michael Lobban, Modern Law Review ‘a brilliant work of exceptional relevance, destined to hold an important Cannabis Britannica Hardback / 0-19-825248-X / 978-0-19-825248-1 / $165.00 Oxford Studies in Modern Legal History place in future studies’ 2004 / 778 pp Hardback / 0-19-927022-8 / 978-0-19-927022-4 / $125.00 Empire,Trade, and Prohibition 1800-1928 — Historia Agraria 2004 / 458 pp James H. Mills Behind The Mask Paperback / 0-19-927881-4 / 978-0-19-927881-7 / $27.50 Hardback / 0-19-926586-0 / 978-0-19-926586-2 / $129.95 The Cultural Definition of the Legal Subject in Colonial Bengal (1715-1911) 2003 / 376 pp House of Lords Sessional Papers, 2005 / 252 pp Anindita Mukhopadhyay 1714-1805 Governments, Labour, and The Justice of Venice Hardback / 0-19-568083-9 / 978-0-19-568083-6 / $29.95 November 2006 / 296 pp With Index the Law in Mid-Victorian Britain Authorities and Liberties in the Urban Economy, 1550-1700 Compiled by F.William Torrington The Trade Union Legislation of the 1870s East Pakistan:The Endgame James E Shaw, Lecturer in Early Modern History, University of Sheffield An Onlooker’s Journal 1969-1971 Mark Curthoys This compilation of the parliamentary papers of the House of Lords is one of the By studying one of the oldest courts of the city, this volume discusses the impact of Oxford Historical Monographs Abdul Rehman Siddiqi richest and most substantial sources of British legal history ever published. It Venice’s unique brand of justice on its ordinary citizens.The criminal cases shed light Clarendon Press OUP Pakistan consists of all the surviving reports, bills, accounts, resolutions, orders, ordinances on the black market economy; the civil cases demonstrate that justice was cheap, Hardback / 0-19-926889-4 / 978-0-19-926889-4 / $129.95 Hardback / 0-19-579993-3 / 978-0-19-579993-4 / $19.95 presented to the House of Lords and ordered to be printed.This set is the result of 2004 / 292 pp fast and accessible to all. 2004 / 350 pp a unique collaboration among the House of Lords Library, the National Library of Scotland, and the Treasury, Home Office, and Department of Trade and Industry, The Government of Scotland 1560-1625 British Academy Postdoctoral Fellowship Monographs Faithlines: under the coordination of the editor, F.William Torrington. Handsomely produced in Julian Goodare OUP/British Academy Hardback / 0-19-726377-1 / 978-0-19726377-8 / $65.00 Muslim Conceptions of Islam and Society quarter bound folio volumes with distinctive gold lettering, this set is a must for any Hardback / 0-19-924354-9 / 978-0-19-924354-9 / $165.00 serious legislative collection. 2006 / 256 pp Riaz Hassan 2004 / 352 pp / None OUP Pakistan Oceana Publications Anglo-Scottish Relations from 1603 to 1900 Paperback / 0-19-579930-5 / 978-0-19-579930-9 / $24.95 65 bound volumes / 0-379-20014-7 / 978-0-379-20014-0 / $51.95 2004 / 294 pp 1972 Edited by T C Smout, Proceedings of the British Academy No. 127 Wisdom-Laws OUP/British Academy A Study of the Mishpatim of Exodus 21:1-22:16 The Oxford History of the Laws of England Volume I Hardback / 0-19-726330-5 / 978-0-19-726330-3 / $85.00 The Canon Law and Ecclesiastical Jurisdiction from 597 to the 1640s 2005 / 288 pp Bernard S Jackson R. H. Helmholz Hardback / 0-19-826931-5 / 978-0-19-826931-1/ $150.00 Anglo-Scottish Relations, from 1900 to Devolution 2006 / 576 pp Hardback / 0-19-825897-6 / 978-0-19-825897-1 / $335.00 and Beyond 2004 / 726 pp A History of Public Law in Germany 1914-1945 Edited by William L Miller Michael Stolleis and Thomas Dunlap Proceedings of the British Academy No.Volume 128 OUP/British Academy Hardback / 0-19-926936-X / 978-0-19-926936-5 / $145.00 Hardback / 0-19-726331-3 / 978-0-19-726331-0 / $74.00 2004 / 504 pp 2005 / 272 pp / 4 figures, 38 tables 154 1 T 1-866-445-8685 F 1-919-677-1303 www.oup.com 1 155
  • 4. LEGAL HISTORY Cicero the Advocate Menander P Jonathan Powell, Professor of Latin, Royal Holloway, A Rhetor in Context University of London, and Jeremy Paterson, Senior Lecturer Malcolm Heath, Professor of Greek, Department of Classics, University of Leeds in Ancient History, University of Newcastle upon Tyne This detailed reassessment of the history and social significance of rhetoric in late ‘Skilled editors and a team of experts offer what is antiquity shows how it was taught, and why the skills it promoted were still believed effectively an ‘Oxford Companion to Cicero’s Forensic to have a direct application in the subsequent careers of the rhetoricians’ pupils. Speeches’- and a boon companion it is . . . Highly Hardback / 0-19-925920-8 / 978-0-19-925920-5 / $165.00 recommended.’ 2004 / 392 pp — CHOICE Cicero’s courtroom speeches are the most significant examples we have of the art Ancient Supplication of the ancient Roman advocate.This book is the first in English to take them F. S. Naiden, Assistant Professor, Department of Classical Studies,Tulane University seriously as examples of advocacy designed to secure a verdict. Ancient Supplication is the first book-length treatment of a key religious practice in Hardback / 0-19-815280-9 / 978-0-19-815280-4 / $195.00 ancient Mediterranean civilizations. Besides setting forth a typology that applies to 2004 hundreds of acts of supplication in both Greek and Latin sources, this book traces Paperback / 0-19-929829-7 / 978-0-19929829-7 / $55.00 the links between an originally quasi-legal practice into features of Greek and Roman 2006 / 460 pp legal systems. OUP USA The Attic Orators New Hardback / 0-19-518341-X / 978-0-19-518341-2 / $74.00 Edited by Edwin Carawan, Professor of Classics, August 2006 / 480 pp Missouri State University Marsilius of Padua and ‘the Truth of History’ A collection of fourteen essays by influential scholars on the `Attic Orators’, the ten or so speechwriters who developed rhetoric in democratic Athens from c.420 to George Garnett, Fellow and Tutor in Modern History, St Hugh’s College, Oxford c.320 BC. All Greek quotations have been translated. George Garnett’s iconoclastic re-reading of Marsilius’s work - based on a careful Oxford Readings in Classical Studies attention to the texts - overturns the widely accepted view of him as a secular Paperback / 0-19-927993-4 / 978-0-19927993-7 / $45.00 political theorist and proponent of republicanism, and re-establishes him in his Hardback / 0-19-927992-6 / 978-0-19-927992-0 / $130.00 proper historical context. April 2007 / 350 pp Hardback / 0-19-929156-X / 978-0-19-929156-4 / $80.00 June 2006 / 240 pp The Constitution of the Roman Republic Andrew Lintott An Introduction to Roman Law Paperback / 0-19-926108-3 / 978-0-19-926108-6 / $39.95 i The Late Barry Nicholas 2003 / 310 pp An Introduction to Roman Law sketches the history of Roman Private Law from the Prostitution, Sexuality, and the Law in Twelve Tables to modern times, and sets out the elements of the system.Without Ancient Rome attempting to summarize the whole law, it explains and evaluates its most Thomas A. J. McGinn, Associate Professor of Classical Studies, characteristic and influential features. Vanderbilt University, USA Clarendon Law Series OUP USA Paperback / 0-19-876063-9 / 978-0-19-876063-4 / $55.00 Paperback / 0-19-516132-7 / 978-0-19-516132-8 / $45.00 1975 / 298 pp 2003 / 432 pp The Roman World of Cicero’s De Oratore Elaine Fantham, Giger Professor of Latin Emerita, Princeton University P STUDENT TEXTBOOKS IN Hardback / 0-19-926315-9 / 978-0-19-926315-8 / $150.00 2004 LEGAL HISTORY Paperback / 0-19-920773-9 / 978-0-19920773-2 / $45.00 October 2006 / 368 pp Textbook on Roman Law @ i Third Edition Cicero’s Topica Andrew Borkowski, Reader in Law at the University of Bristol, Paul du Plessis, Edited with an Introduction,Translation, and Commentary P Lecturer in Law at Edinburgh University Edited by Tobias Reinhardt, Fellow and Tutor in Classics at Paperback / 0-19-927607-2 / 978-0-19-927607-3 / $49.95 Somerville College, Oxford 2005 / 436 pp Oxford Classical Monographs Hardback / 0-19-926346-9 / 978-0-19-926346-2 / $150.00 An Introduction to English Legal History i 2003 Fourth Edition Paperback / 0-19-920771-2 / 978-0-19920771-8 / $55.00 J.H. Baker, Downing Professor of the Laws of England and Fellow of St Catharine’s October 2006 / 452 pp College, Cambridge; Honorary Bencher of the Inner Temple Paperback / 0-40-693053-8 / 978-0-40-693053-8 / $55.00 2002 / 650 pp 156 1 T 1-866-445-8685 F 1-919-677-1303