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Full-Text Articles in Legal History

Book Review: Better Kind Of Hatchet: Law, Trade And Diplomacy In The Cherokee Nation During The Early Years Of European Contact, William E. Nelson Jan 1977

Book Review: Better Kind Of Hatchet: Law, Trade And Diplomacy In The Cherokee Nation During The Early Years Of European Contact, William E. Nelson

Faculty Scholarship Series

John Phillip Reid's latest book, A Better Kind of Hatchet: Law,
Trade, and Diplomacy in the Cherokee Nation during the Early
Years of European Contact, is ostensibly a study of trade relations
between South Carolina and the Cherokee Indians during the first
third of the eighteenth century. But taken in conjunction with his
earlier book, A Law of Blood: The Primitive Law of the Cherokee
Nation, the new book is, in truth, much more. At the deepest level,
Reid's achievement in the two books is to suggest to white Americans,
first, some ways in which our understanding of ...


Obstacles To A World Legal Order And Their Removal, F. S. C. Northrop Jan 1952

Obstacles To A World Legal Order And Their Removal, F. S. C. Northrop

Faculty Scholarship Series

T HE present need for a world legal order is obvious. In an atomic
age the settlement of international disputes by resort to force
rather than by recourse to law is so likely, if not absolutely certain,
to mean the end of civilization that it involves a risk which no wise
man, if he can avoid it, will take.
One may well ask why in the face of this fact, evident to all, recent
attempts at a legal world order have failed to achieve their goal. Certainly
the time has come when the cause of this failure must be determined ...


Relation Between International Law And Municipal Law, Edwin Borchard Jan 1940

Relation Between International Law And Municipal Law, Edwin Borchard

Faculty Scholarship Series

Recent events on this continent make it seem appropriate once more to discuss the much – debated question of the relation between international law and municipal law. For one school, the dualists, municipal law prevails in case of conflict; for the other school, the monists international law prevails. There are two special features about the debate which warrant mention: first, that while the disputants do not widely differ in the ultimate solution of practical problems, they do differ considerably in their major premises and in the resulting theories; and second, that the attempt of various countries on occasion to escape the ...


International Law Of War Since The War, Edwin Borchard Jan 1934

International Law Of War Since The War, Edwin Borchard

Faculty Scholarship Series

In all revolutionary periods customary law tends to suffer from emotional attack and from the popular demand for shortcuts to salvation. The function of law as a guaranty of general security, as a source of reliance for the weak, as a necessary foundation for enterprise 'and commitments, as an alternative to force, corruption, and favoritism, is forgotten in the hysterical exaltation of panaceas, punitive methods, and radical departures from tried experience. This is usually accompanied by depreciation of tradition and precedent as obstacles in the way of the new revelation.


Protection Of Citizens Abroad And Change Of Original Nationality, Edwin Borchard Jan 1934

Protection Of Citizens Abroad And Change Of Original Nationality, Edwin Borchard

Faculty Scholarship Series

Precedent and time are the creators and preservers of customary law. So strong is the force of habit in human behavior that man in doubt or distress instinctively turns to past experience to see how his forbears dealt with similar problems. The law, which is the cement holding together the social structure, is, in its evolution as a conservative force, of necessity driven to search for precedents and to profit by them in building certainty and thereby security. Without landmarks there is no system; and for the very reason that international law is deficient in its lack of a legislature ...


Strength And Weakness Of The New International Court, Edwin Borchard Jan 1922

Strength And Weakness Of The New International Court, Edwin Borchard

Faculty Scholarship Series

For an adequate understanding of the origin, jurisdiction and functions of the newly established court of international justice at the Hague, it will be necessary to revert to the two Hague Conferences of 1899 and 1907 and to examine the organization of the Permanent Court of Arbitration at the Hague created and developed at: those Conferences. The characteristic feature of the Court of Arbitration as distinguished from the new Permanent Court of Justice lies in the fact that the personnel of the former consists of an eligible list or panel, of which there are now some one hundred and twenty ...


Debt Of Modern Japanese Law To French Law, Charles P. Sherman Jan 1918

Debt Of Modern Japanese Law To French Law, Charles P. Sherman

Faculty Scholarship Series

"Rome," says the great Jhering,"conquered the world three times: first by her armies, second by her religion, third by her law. This third conquest, most pacific of all, is perhaps the most surpassing of all." Not the least among
the juridical conquests of Roman law is modern Japanese law via the world-influence of French law.
The story of the creation and development of the present law of Japan, through vivifying contact with western civilization, which began barely half a century ago, is nothing short of marvelous.
Modern Japan had its beginning irs 1868, when the Shogunate
was destroyeda nd ...


International Pecuniary Claims Against Mexico, Edwin Borchard Jan 1917

International Pecuniary Claims Against Mexico, Edwin Borchard

Faculty Scholarship Series

The Claims Commission which will ultimately be established to adjudicate upon claims of citizens of the United States and other countries against Mexico will have to decide some of the most interesting and practical questions of international law. Not the least important of these are the fundamental questions of the liability of the Carranza government for its own acts while a revolutionary faction (the Constitutionalists) and for those of the Huerta government it has displaced. An examination of these questions in the light of international law and precedents may not prove without interest. Assuming that the Carranza government will maintain ...


Romanization Of English Law, Charles P. Sherman Jan 1914

Romanization Of English Law, Charles P. Sherman

Faculty Scholarship Series

In the Island of Britain was established a Roman province
which lasted four hundred years. Julius Caesar's expedition into
Britain 55 B. C. was followed a century later by permanent conquest
and occupation of the island, and the introduction of Roman
civilization. Britain was from the outset an imperial command
of the first rank, garrisoned at one time by about 30,000 Roman
soldiers, and became an important Roman governorship.
Roman law made rapid strides in Britain during the second and
third centuries A. D., as is attested by the writings of the Roman
jurists Javolenus and Ulpian, who ...