The Making of the Modern Law Series ( MoML ). INTRODUCING MoML, PART VI: Foreign, Comparative, and International Law, c. 1600-1926. GALE: A Force in Legal History Publishing.
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The Making of the Modern Law Series (MoML)
INTRODUCING MoML, PART VI: Foreign, Comparative, and International Law, c. 1600-1926
2004MoML I: The Making of Modern Law: Legal Treatises, 1800-1926
2006MoML II: U.S. Supreme Court Records and Briefs, 1832-1978
2007MoML III: Trials, 1600-1926
2010MoML IV: Primary Sources I, 1620-1926
2011MoML V: Primary Sources II, 1763-1970
2012MoML VI: Foreign, Comparative, and International Law, 1600-1926
The Making of Modern Law has given all law libraries access to legal history materials previously available only at a few major repositories, and it has offered even the largest law libraries new capabilities for searching historical publications.
MoML I: Legal Treatises, the cornerstone of the Gale legal history collection, is the world’s most comprehensive collection of Anglo-American legal treatises from 1800 to 1926.Legal Treatises contains 22,000 works and over 10 million pages.
MoML I: Legal Treatises was selected by The American Association of Law Libraries
BEST NEW PRODUCT, 2005
One way of presenting the suite of legal history products is to focus solely on each one as a free-standing entity.
Another way is to describe them as building-blocks toward the end-result of recreating the world's great law libraries digitally on every researcher’s desktop.
Roundell Palmer, Lord High Chancellor (1812-1895)
Foreign LawForeign law covers the national and sub-national (e.g., provincial) laws or other jurisdictions. Although “foreign law” often refers to the law of any jurisdiction other than the United States, it also has a narrower connotation; some law librarians restrict the term foreign law to jurisdictions out the Anglo-American legal family.
Comparative LawFrom the FCIL Librarian’s perspective, comparative law plays out as a foreign law question. Scholars do not agree on how many types of legal systems exist in the world, but the major types are common law, civil law, Islamic, and mixed (a combination of one or more legal systems). Other types are the Talmudic, customary, indigenous, and socialist legal system.
International LawClassical public international law deals exclusively with the legal system governing relations between nations, such as the law of the sea. The modern concept extends to international organizations, nations, and individuals. Human rights, international trade, and the environment are among new subjects in public international law.
MOML FCIL is not the initial installment of a non-Anglo-American legal product line strategy.
Rather it is a logical (but not exclusive) extension of MOML 1. It’s the expansion of legal treatises along various complementary fronts: international law; comparative law; civil and European law; the history of law since Roman times in English and Western languages up until the 1920s. In the tradition of many American jurists and legal theorists, it seeks a comparative approach to answer questions about human rights, civil liberties, freedom of speech, freedom of religion, property rights, licensing, extraterritoriality, judicial procedure, capital punishment, the sentencing of felons, the role of the state, the role of attorneys and judges, and other topics.
If there is a common theme here it’s that “comparative” and “foreign” law is built into the curriculum because the theoretical and practical questions of law must be placed in a broad historical context. MoML FCILis not a departure into unchartered territory. It’s an extension of the scope outlined in MOML: Legal Treatises.
the history and development of the great European civil codes
similarities and differences between "civil law" and "common law“
the court systems, legal education and professions, sources of law, and procedural law of the civil law tradition, with particular emphasis on France and Germany
the relationship of international law to United States law
rise of the individual as a subject of international law
U.S. versus the Continental and Asia Pacific vision of privacy
the rich diversity of cultural, historical, philosophical and religious traditions within which legal concepts and rules have been formulated
transformative jurisprudence through a comparative examination of courts treatment of socio-economic rights
the emergence of the concept of humanitarian law
critiques of Western human rights schemes
essential themes in Jewish, Christian and Islamic jurisprudence
What are the various methodological and theoretical approaches to comparative law?
How may we compare and contrast civil liberties in the United States and other countries?
What is the justification for punishment and how do the various debates in this area play out in specific controversial cases?
Is targeted killing a permissible part of just war theory?
What should be our stance to government officials who violate the law?
Is law central to Christianity, Judaism, and Islam? And if so, in what manner? What are their respective attitudes to revelation, sacred texts and oral traditions? How much autonomy are humans granted to interpret and adapt sacral law? What is the relationship of law to the state and power?
How may we explore the most controversial aspects of International Human Rights law such as the universalism versus relativism debate, cultural and religious exceptions to global human rights standards, hypocrisy and double standards in human rights enforcement, the war on terrorism, and the use of torture?
Foreign, Comparative, and International Law: Relevant topics to be found in MOML Legal Treatises Advanced Searchinclude:
Politics and Government
Family Law, an example:
Marriage and Divorce Law in Europe: A Study of Comparative Legislation (1893)
“International Law” in MoML Legal Treatises: Vattel’s classic Law of Nations and American Diplomacy by Freeman Snow
None of the titles in existing Gale databases will appear in the forthcoming MoML: FCIL.
Defining the product:
Examples of comparative law in Legal Treatises:
Left: Patent and Trademark Laws (1899)
Right: Waters: French Law and Common Law (1918)
MOML FCIL explores the roots of English and American law in the development of continental civil law:
“Oath helper” = 13 results
Pollock and Maitland, The history of English law before the time of Edward I (1895)
“Jury” + “Early Middle Ages” = 99 results
Stubbs, William, The constitutional history of England (1874-1878)
“mens rea” + “Middle Ages” + discovery = 66 results
Best, W.M., Treatise on the principles of the law of evidence: with elementary rules for examination and cross-examination of witnesses
English and foreign-language sources expand the coverage of the Middle Ages and Renaissance.
Classic texts in ECCO: Left: Grotius, The Rights of War and Peace (London, 1715)
Right: Summary of the law of nations, founded on the treaties and customs of the modern nations of Europe; with a list of the principal treaties (London, 1795)
Note: There will be no duplication of these books in MoML: FCIL.
Cornelius van Bynkershoek
The “Brandeis brief” in Muller v. Oregon – a celebrated example of “comparative” law
Banco Mexicano De Commercio E Industria v. Deutsche Bank, 263 U.S. 591 (1924)
Direction Der Disconto-Gesellschaft v. U S Steel Corporation, 267 U.S. 22 (1925)
International Law: The Case of the United States of America Before the International Boundary Commission Under the Provisions of the Convention Between The United States of America and The United States of Mexico,
June 24, 1910.
Chamizal Dispute (1911). This dispute over 600 acres along the U.S./Mexico
border took 50 years to settle and raised significant issues on the nature of
treaties and the resolution of international disputes.
Examples of International Law in TRIALS:
Left: The Case of the Armed Brig of War (New York and Albany, 1857)
Right: An Account of the War Criminals Trial and a Study of German Mentality (London, 1921)
Note: There will be no duplication of these documents in MOML FCIL
Complements the European and Latin American legal history in Gale’s historical archives, including Making of the Modern World and Sabin.
Appendix: In Library of Congress cataloguing terms we are pursuing the KZs -- a rich subject area that fits well with what we have so far published.
KZ 1-6785 Law of nations
27-38 By region or country
(60)-62.5 Intergovernmental congresses and conferences
184-194 Peace treaties
1249-1252 International law and other disciplines
1255-1273 Theory and principles
1267-1273 Domain of the law of nations
1287-1296 Codification of the law of nations
1298-1304 The law of treaties. System of treaty Law
1321-1323.5 International legal regimes
1328 Ancient history and theory
1329-3085 Early/Medieval development to ca. 1900 Ius Naturae et Gentium
1330-1338 Peace of Westphalia to the French Revolution (1648-1789)
1345-1369 French Revolution to the American Civil War (1789-1861)
1373-1387.2 American Civil War to the First Conference of the Hague (1861-1899)
2064-3085 Publicists. Writers on public international law
Lilian Goldman Law Library, Yale University
Jacob Burns Law Library,
George Washington University
Product title (tentative): Making of Modern Law: Foreign, Comparative, and International Law, c. 1600-1926
Scope: International and comparative law, including monographs on the laws of foreign jurisdictions
Languages: 50% in English; 50% in Western European languages
Number of pages: ~1.2 million
Document “type”: Monographs
Contributing libraries: Yale Law Library; George Washington University
Publication date:: 20 June 2012
MARC records: Yes (in December 2012)
Breakdown of pages - ROUGH ESTIMATES
Yale University: ~840,000 pages
Other sources to be named: ~240,000 pages
GWU: ~120,000 pages
French and Belgian law
German, Swiss and Austrian law
Spanish and Portuguese law
Russian and Eastern European law
Latin American law
African and Middle Eastern law
Chinese and Japanese law
Australian and New Zealand law
British Colonies law
50% in English; 50% in Western European languages