A Treatise on Obligations, Considered in a Moral and Legal View

A Treatise on Obligations, Considered in a Moral and Legal View
Author: Robert Joseph Pothier
Publisher: The Lawbook Exchange, Ltd.
Total Pages: 716
Release: 1999
Genre: Law
ISBN: 1886363625

Translated by Francois-Xavier Martin. Originally published: NewBern, N.C.: Martin & Ogden, 1802. 2 vols. in 1 book. xii (iii-xii new introduction), xii], 364; ix], 315, 1] pp. With a new introduction by Warren M. Billings, Distinguished Professor of History, Emeritus, University of New Orleans and Bicentennial Historian of the Supreme Court of Louisiana. Reprint of the rare New Bern edition. In the decades before the Civil War this classic treatise was required reading for practitioners, scholars and law students. Martin, an attorney and printer in New Bern, North Carolina, later a distinguished lawyer in Louisiana, gained distinction for this translation. This treatise was an important influence on British and American contract law. Marvin quotes and endorses an assessment by Luther Cushing that includes the following remark by one of Pothier's earlier editors, Andr Dupin: " Pothier on Obligations] is not only a good book of law, but an excellent book on morals; a work of all countries, of all nations; a book, to which antiquity can present to rival but the Offices of Cicero." John Gage Marvin, Legal Bibliography (1847) 578. "The Treatise on Obligations was soon recognized as a major contribution to legal science."--David M. Walker, Oxford Companion to Law 973. ROBERT JOSEPH POTHIER 1699-1772] was arguably the greatest French jurist of the eighteenth century. A brilliant scholar, he is renowned for his treatises on Roman law and the various branches of French civil law, which were primary sources for the French Civil Code. FRANCOIS-XAVIER MARTIN 1762-1846], a Frenchborn lawyer, judge, author, translator, printer and historian, is an important figure in the legal history of the south. His career began in North Carolina. He later moved to the Louisiana territory, where he played the central role in the reorganization of its legal system. Appointed attorney-general when Louisiana became a state, he is considered the father of Louisiana jurisprudence.

A Peculiar Humanism

A Peculiar Humanism
Author: William E. Wiethoff
Publisher: University of Georgia Press
Total Pages: 264
Release: 2010
Genre: Law
ISBN: 0820336327

In early-nineteenth-century America, and especially in the Old South, the use of oratory appealed to legal professionals--judges as well as advocates. Consistent with the humanism proclaimed in classical and neoclassical works, appellate judges perceived their civic duties to demand oratorical skill as well as legal expertise. In A Peculiar Humanism, William E. Wiethoff assesses the judicial use of oratory in reviewing slave cases and the struggle to fashion a humanist jurisprudence on slavery despite the customary restraints placed on judicial advocacy. Drawing attention to a neglected intersection of law and letters, Wiethoff analyzes the proslavery discourse embedded in antebellum judicial opinions by examining the public addresses, judicial narratives, and private papers of sixty-nine appellate judges. By contrasting the judges' proslavery appeals in a variety of cases in the upper and deep South, Wiethoff shows how context shaped the judges' perceptions, priorities, and arguments. An outstanding contribution to the literature on law and slavery, A Peculiar Humanism testifies to the character of the legal profession in the Old South and serves as an index of the beliefs and attitudes that coexisted with legal decision making.

Law Library Journal

Law Library Journal
Author:
Publisher:
Total Pages: 904
Release: 1988
Genre: Electronic journals
ISBN:

Vols. 1- include Proceedings of the annual meeting of the American Association of Law Libraries.