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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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Introducing moml part vi foreign comparative and international law c 1600 1926

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
GALE: A Force in Legal History Publishing

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

  • YearSeries Collection Title

    2004MoML I: The Making of Modern Law: Legal Treatises, 1800-1926

    2006 MoML 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

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.

The Making of Modern Law

MoML I: Legal Treatises was selected by The American Association of Law Libraries


Making of modern law value proposition

One way of presenting the suite of legal history products is to focus solely on each one as a free-standing entity.

Another way is to describe them as building-blocks toward the end-result of recreating the world's great law libraries digitally on every researcher’s desktop.

Making of Modern Law: Value Proposition

Roundell Palmer, Lord High Chancellor (1812-1895)

Defining the next moml component
Defining the Next MoML Component… to focus solely on each one as a

  • Topic areas (a finalized title list under development):

  • International and Comparative Law. A collection of international law titles in English and major western European languages. Primarily a monograph collection corresponding to the period of MoML Legal Treatises, with “classics” such as Grotius and early modern writers.

  • Classics of European Law. Encompasses foreign legal treatises. The term "treatise" is more of a common-law category and the equivalent works in civil-law systems may have other names such as commentaries, encyclopedias, textbooks, monographs, or festschriften. Languages would include French, German, Spanish, Portuguese, Latin, Dutch, Italian, and other Western languages, with English language titles favored.

  • Roman and Canon Law. Complements treatises included in MOML: Legal Treatises. Recognizes that the roots of English common law will be found in the deep recesses of European history.

Broad editorial scope addresses the needs of fcil librarians

Foreign Law to focus solely on each one as aForeign 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.

Broad Editorial Scope: Addresses the needs of FCIL Librarians

Identifying the north american audience fcil special interest section of aall
Identifying the North American Audience: to focus solely on each one as aFCIL Special Interest Section of AALL

Fcil a growing career field
FCIL: A Growing Career Field to focus solely on each one as a

Proof of concept

MOML FCIL to focus solely on each one as ais 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.

Proof of Concept

Proof of concept topics in law courses at gwu maryland ucla penn and elsewhere

the history and development of the great European civil codes

similarities and differences between "civil law" and "common law“

the court systems, legal education and professions, sources of law, and procedural law of the civil law tradition, with particular emphasis on France and Germany

the relationship of international law to United States law

rise of the individual as a subject of international law

U.S. versus the Continental and Asia Pacific vision of privacy

the rich diversity of cultural, historical, philosophical and religious traditions within which legal concepts and rules have been formulated

transformative jurisprudence through a comparative examination of courts treatment of socio-economic rights

the emergence of the concept of humanitarian law

critiques of Western human rights schemes

essential themes in Jewish, Christian and Islamic jurisprudence

Proof of Concept: Topics in Law Courses at GWU, Maryland, UCLA, Penn, and Elsewhere

Proof of concept questions raised in courses at gwu maryland ucla penn and elsewhere

What are the various methodological and theoretical approaches to comparative law?

How may we compare and contrast civil liberties in the United States and other countries?

What is the justification for punishment and how do the various debates in this area play out in specific controversial cases?

Is targeted killing a permissible part of just war theory?

What should be our stance to government officials who violate the law?

Is law central to Christianity, Judaism, and Islam? And if so, in what manner? What are their respective attitudes to revelation, sacred texts and oral traditions? How much autonomy are humans granted to interpret and adapt sacral law? What is the relationship of law to the state and power?

How may we explore the most controversial aspects of International Human Rights law such as the universalism versus relativism debate, cultural and religious exceptions to global human rights standards, hypocrisy and double standards in human rights enforcement, the war on terrorism, and the use of torture?

Proof of Concept: Questions Raised in Courses at GWU, Maryland, UCLA, Penn, and Elsewhere

Moml fcil the logical extension of moml

Foreign, Comparative, and International Law: Relevant topics to be found in MOML Legal Treatises Advanced Searchinclude:

Administrative Law

Constitutional Law

Family Law

International Law

Jurisprudence Law

Legal History

Maritime Law

Real Property


Politics and Government

“MOML FCIL”: The logical extension of MOML

Family Law, an example:

Marriage and Divorce Law in Europe: A Study of Comparative Legislation (1893)

International law
International Law to be found in MOML Legal Treatises Advanced Search

“International Law” in MoML Legal Treatises: Vattel’s classic Law of Nations and American Diplomacy by Freeman Snow

None of the titles in existing Gale databases will appear in the forthcoming MoML: FCIL.

Examples of comparative law in moml legal treatises
Examples of Comparative Law in to be found in MOML Legal Treatises Advanced SearchMoML LEGAL TREATISES

Defining the product:

Examples of comparative law in Legal Treatises:

Left: Patent and Trademark Laws (1899)


Right: Waters: French Law and Common Law (1918)

Synergy with legal treatises in the exploration of the origins of english common law

MOML FCIL explores the roots of English and American law in the development of continental civil law:

“Oath helper” = 13 results

Pollock and Maitland, The history of English law before the time of Edward I (1895)

“Jury” + “Early Middle Ages” = 99 results

Stubbs, William, The constitutional history of England (1874-1878)

“mens rea” + “Middle Ages” + discovery = 66 results

Best, W.M., Treatise on the principles of the law of evidence: with elementary rules for examination and cross-examination of witnesses

Synergy with Legal Treatises in the Exploration of the Origins of English Common Law

English and foreign-language sources expand the coverage of the Middle Ages and Renaissance.

Synergy with the ecco law module
Synergy with the ECCO Law Module the development of continental civil law:

Classic texts in ECCO: Left: Grotius, The Rights of War and Peace (London, 1715)

Right: Summary of the law of nations, founded on the treaties and customs of the modern nations of Europe; with a list of the principal treaties (London, 1795)

Note: There will be no duplication of these books in MoML: FCIL.

Cornelius van Bynkershoek

Synergy with us supreme court records and briefs muller v oregon 1908
Synergy with the development of continental civil law:US Supreme Court Records and Briefs:“Muller v. Oregon” (1908)

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

Synergy with us supreme court records and briefs cases in international law
Synergy with the development of continental civil law:US Supreme Court Records and Briefs:Cases in International 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)

Synergy with trials 1600 1926
Synergy with the development of continental civil law:Trials, 1600-1926

International Law: The Case of the United States of America Before the International Boundary Commission Under the Provisions of the Convention Between The United States of America and The United States of Mexico,

June 24, 1910.

Chamizal Dispute (1911). This dispute over 600 acres along the U.S./Mexico

border took 50 years to settle and raised significant issues on the nature of

treaties and the resolution of international disputes.

Synergy with trials 1600 19261

Examples of the development of continental civil law:International Law in TRIALS:

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

Right: An Account of the War Criminals Trial and a Study of German Mentality (London, 1921)

Note: There will be no duplication of these documents in MOML FCIL

Synergy with Trials, 1600-1926

Synergy with gale s sabin and making of the modern world
Synergy with Gale’s the development of continental civil law:Sabin and Making of the Modern World

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

Evidence of interest in comparative legal history
Evidence of Interest in Comparative Legal History the development of continental civil law:

  • Associations

  •  • American Society of International Law

  • • American Society for Legal History

  • • Australian and New Zealand Law and History Society

  • • Criminal Justice/Legal History Network

  • • European Society for the History of Law

  • • International Association for the History of Crime and Criminal Justice

  • • Max Planck Institute for European Legal History

  • • Osgoode Society for Canadian Legal History

  • • Scottish Legal History Group

  • • Selden Society

  • • SOLON: Promoting Interdisciplinary Studies in Crime and Bad Behaviour

  • • Toronto Legal History Group

Appendix the kzs for the librarian in all of us

. the development of continental civil law:

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

Appendix: In Library of Congress cataloguing terms we are pursuing the KZs -- a rich subject area that fits well with what we have so far published.

 KZ 1-6785 Law of nations

27-38 By region or country

(60)-62.5 Intergovernmental congresses and conferences

184-194 Peace treaties

1249-1252 International law and other disciplines

1255-1273 Theory and principles

1267-1273 Domain of the law of nations

1287-1296 Codification of the law of nations

1298-1304 The law of treaties. System of treaty Law

1321-1323.5 International legal regimes

1328 Ancient history and theory

1329-3085 Early/Medieval development to ca. 1900 Ius Naturae et Gentium

1330-1338 Peace of Westphalia to the French Revolution (1648-1789)

1345-1369 French Revolution to the American Civil War (1789-1861)

1373-1387.2 American Civil War to the First Conference of the Hague (1861-1899)

2064-3085 Publicists. Writers on public international law

Journals of interest to fcil patrons
Journals of Interest to FCIL Patrons the development of continental civil law:

Our partners for this component yale law library and george washington university among others
Our Partners for this Component: Yale Law Library and George Washington University, among others…

Lilian Goldman Law Library, Yale University

Jacob Burns Law Library,

George Washington University

Moml fcil product snapshot

Product title Washington University, among others…(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)

MOML FCIL: Product Snapshot

Breakdown of pages - ROUGH ESTIMATES

Yale University: ~840,000 pages

Other sources to be named: ~240,000 pages

GWU: ~120,000 pages

Moml fcil potential subject categories rough draft

International law Washington University, among others…

Comparative law

Roman law

Ancient law

Canon law

Jewish law

Islamic law

MOML FCIL: Potential Subject Categories (Rough Draft)

French and Belgian law

German, Swiss and Austrian law

Italian law

Spanish and Portuguese law

Dutch law

Scandinavian law

Russian and Eastern European law

Mexican law

Latin American law

African and Middle Eastern law

Indian law

Chinese and Japanese law

Canadian law

Australian and New Zealand law

British Colonies law

50% in English; 50% in Western European languages