Legal History Commons^™

The Old Roman Law And A Modern American Code, Joseph H. Drake

Michigan Law Review

In Book II, on Property, Ownership, and its Modifications, the Porto Rican Code follows closely its Spanish prototype. The main variation in general outline is the omission from the American code of the special property in minerals and in intellectual productions.

The Old Common Law And The New Trusts, Ditlew M. Frederiksen

Michigan Law Review

T HE Civil Code of Porto Rico, our latest Roman American code, gives interesting proof of the fact that the two systems of law, the Roman and the English, which control most of the nations of the civilized world and their dependencies, are, in their essence, but slightly different enunciations of the same principles of natural justice. The parent of the Civil Code of Porto Rico1 is the Spanish Civil Code,2 in force in Spain since May I, 1889, and extended to Cuba, Porto Rico, and the Philippines on July 31, 1889. The Spanish Civil-Code is the result of the …

English History And The Study Of English Law, Arthur Lyon Cross

Michigan Law Review

Ranke, the Nestor of modern historical research, was wont to say that he only wanted to know how things had happened. Lamprecht, however, more truly indicated the aim and purpose of the investigation of the past when he said that be wanted to know how things had become. Another distinction between the schools which these two men represent is, that one is primarily interested in political affairs, while the other would include within the historical field all phases of social activity. A survey of the course of scholarship during the century just closed, leads to the conclusion that this latter …

The Courts Of Judea, Jerome C. Knowlton

Articles

The study of Jewish jurisprudence has become interesting during the past ten years through the efforts of some painstaking scholars, who have not been burdened with any particular dogma, but have been actuated by a true Christian spirit. They have been close students of those portions of the Talmud which throw light on the jurisprudence of the Jews.

Commentaries On The Laws Of England : In Four Books, William Blackstone, Thomas M. Cooley

Books

From Editor's Preface, v.1: "Believing that the time has come when this work would be increased in value by discarding altogether the notes of English editors, and substituting matter more especially important to American practitioners and students, the editor has prepared this edition under that conviction.... To the Review of the recent progress of the law appended to the Fourth Book, there has been also added a summary account of the British Colonial System and the System of Local Government, and the means given for comparison of these with analogous institutions in the United States."

Commentaries On The Laws Of England : In Four Books, William Blackstone, Thomas M. Cooley

Books

"Believing that the time has come when this work would be increased in value by discarding altogether the notes of English editors, and substituting matter more especially important to American practitioners and students, the editor has prepared this edition under that conviction.... To the Review of the recent progress of the law appended to the Fourth Book, there has been also added a summary account of the British Colonial System and the System of Local Government, and the means given for comparison of these with analogous institutions in the United States."

Local Government In Great Britain, Thomas M. Cooley

Book Chapters

Professor Cooley's brief overview of the subject as context for his editing of the Commentaries: "As the local institutions of Great Britain have very largely been remodeled in our day, it seems desirable to give some brief account of them, as they exist at the present time..."

The Territories Of The United States, Thomas M. Cooley

Book Chapters

Writing to flesh out the comparisons between the United States and Great Britain following previous such chapters, Professor Cooley writes: "In the common acceptation of those terms the United States has no colonies and no foreign possessions." Professor Cooley then gives a relatively brief history of the admission of new states in constitutional philosophy and history. Later in the chapter he asserts, "Before any states can be admitted to the union, there must be a state ready to admit; and this implies that there shall be a state with a constitution and laws, so when admitted, it can proceed at …

The British Colonial System, Thomas M. Cooley

Book Chapters

Regarding the subject, Professor Cooley writes: "In a note to the first book of these Commentaries (p.109), the Colonial System of Great Britain is spoken of as the grandest in extent and power that the world has ever known. A more detailed account of the system, and of the countries and places embraced within it, than was given in the place referred to, will justify the statement there made, and at the same time will give us particulars of British Colonial government in all its varieties."

Local Government In The United States, Thomas M. Cooley

Book Chapters

Professor Cooley offers the readers of the Commentaries a brief statement regarding laws of the United States in local jurisdictions: "To present completely local government as it exists in the United States would require a volume.... What we shall say, therefore, will be aimed at an explanation of certain general features, which are to be met with in all the states, and of some of the most important peculiarities."

Commentaries On The Laws Of England : In Four Books, William Blackstone, Thomas M. Cooley

Books

“The main purpose in giving to the public a new edition of the Commentaries of Blackstone, was to present the changes in the law which had taken place since the last preceding edition appeared, that the reader, while informing himself concerning the law of England of a century since, might not be misled in respect to its present condition. With this object before him, while avoiding the detail which might be useful to the English practitioner, but which would merely cumber the pages for American use, the editor has sought to indicate the statutory changes sufficiently to give a general …

Commentaries On The Laws Of England : In Four Books, William Blackstone, Thomas M. Cooley

Books

“The main purpose in giving to the public a new edition of the Commentaries of Blackstone, was to present the changes in the law which had taken place since the last preceding edition appeared, that the reader, while informing himself concerning the law of England of a century since, might not be misled in respect to its present condition. With this object before him, while avoiding the detail which might be useful to the English practitioner, but which would merely cumber the pages for American use, the editor has sought to indicate the statutory changes sufficiently to give a general …

Commentaries On The Laws Of England : In Four Books, William Blackstone, Thomas M. Cooley

Books

From Editor's Preface, Volume I:

“The Commentaries of Mr. Justice Blackstone have now for more than a century been the wonder and delight of persons whose curiosity or interest have led them to investigate the constitution and laws of Great Britain, the condition of things from which they grew, and the reasons upon which they rest….

“In preparation of the present edition it has not been thought unimportant to call attention from time to time to the differences which exist between the constitutions of Great Britain and of the United States. Some of those differences, however, are too subtle to …

With Some Considerations Regarding The Study Of The Law, Thomas M. Cooley

Other Publications

Thomas M. Cooley's editions of Blackstone's Commentaries were the 19th century's "standard editions" of American analyses of the title. "The Commentaries of Mr. Justice Blackstone have now for more than a century been the wonder and delight of persons whose curiosity or interest have led hem to investigate the constitution and laws of Great Britain, the condition of things from which they grew, and the reasons upon which they rest. Lapse of time does not seem to diminish their attractions, or to lesson materially their practical value." Cooley's Preface explains that he came to edit the Commentaries with the awareness …

Commentaries On The Laws Of England : In Four Books, William Blackstone, Thomas M. Cooley

Books

“The Commentaries of Mr. Justice Blackstone have now for more than a century been the wonder and delight of persons whose curiosity or interest have led them to investigate the constitution and laws of Great Britain, the condition of things from which they grew, and the reasons upon which they rest….

“In preparation of the present edition it has not been thought unimportant to call attention from time to time to the differences which exist between the constitutions of Great Britain and of the United States. Some of those differences, however, are too subtle to be put upon paper, and …