‎Barker David, Padfield Colin‎
‎Law‎

‎Disputationes duae" I, De actoribus & spectatoribus fabularum non notandis. II. De abusu mendacii. Nunc primum in lucem editae. - [""LET THE SAFETY OF THE PEOPLE BE THE SUPREME LAW""]‎

‎Hannover, 1599. Small 8vo. Contemporary full vellum. Binding with some wear, especially to extremities. Lower spine restored. Evenly browned throughout. 210 pp. ‎

‎Extremely scarce first edition of Genitili's highly important ""Two Disputations"", including the first printing of his seminal treatise ""On Lying"", which is of fundamental importance to Gentili's legal system that was based on practice and experience and became extremely influential. ""In his disputation on lying, published in 1599, he defended the use of the ""officious lie"" in cases of ""great necessity"", and insisted that the law should be considered in the light of its ultimate aim, citing the maxim, ""Salus populi suprema lex esto"" (Let the safety of the people be the supreme law)."" (Note: Gentili, Disputationum Duae… 1599). (Kingsbury & Straumann, The Roman Foundations of the Law of Nations. Alberico Gentili and the Justice of Empire, p. 142). Alberico Gentili, the ""Father of international law"" (1552 -1608), was an Italian jurist, tutor of Queen Elizabeth I, and a standing advocate to the Spanish Embassy in London, who served as the Regius professor of civil law at the University of Oxford for 21 years. He was the earliest writer on public international law, and in 1587, he became the first non-English person to be a Regius Professor. Gentili's books are recognized to be among the most essential for international legal doctrines. ""A prominent early modern Italian legal theorist and practicing lawyer, Alberico Gentili is regarded, along with Francisco de Vitoria and Hugo Grotius, as one of the founders of the science of the modern law of nations (ius gentium) and a major figure in the development of international relations. He designed a solid and autonomous framework for the law of nations based on three pillars: the Greco-Roman idea of natural law, the Justinian compilation of Roman law, and the-then novel Bodinian notion of sovereignty as supreme, perpetual, and indivisible power. Gentili freed the law of nations from excessive scholastic influences and theological importations, avoiding metaphysical developments and overly subtle dialectics. He tried to build a system based on practice and experience. His legal construction is more inductive from events, episodes, customs, and facts, than deductive from unchanged premises. Providing some new arguments, he removed religion as a valid reason for conflict and war, he advocated for the legitimacy of non-Christian regimes, especially the Ottomans, and he tried to fix the tenuous lines of separation between jurisprudence and theology and between the internal forum and external forum of canon law. Neither the pope nor the Roman Catholic Church has a place in Gentili's systematic account. His world-famous saying - silete theologi in munere alieno! - commands the theologian not to be involved in other people's business and was claimed centuries later by the jurisprudence of European public law to argue in favor of the secularization of the law, beyond the limits Gentili himself intended."" (Domingo & Minucci, Alberigo Gentili and the Secularization of the Law of Nations, p. 1). Alberico Gentili was a transitional, erudite, legal thinker and practicing lawyer fully involved in the events of his lifetime and attentive to continuous and profound political and social changes. Educated in the Bartolist method, he gradually evolved to a more integrated jurisprudence, in accordance with the humanist approach. He elaborated a new framework for the law of nations as a part of the law of nature to be applied between and among sovereign states and governed by Justinian Roman law. He also offered a systematic account of two of the most relevant institutions of international relations: diplomacy and war. Gentili's severe critique of religious intolerance" his drawing of a demarcation between the spiritual and the temporal, the internal and the external forum of conscience his separation of functions between theologians and jurists his continuous interpretative effort to find principles of natural law-all of these ideas and attitudes, among others, contributed to the establishment of the theoretical basis of the European modern state and to the building up of an international society of sovereign nations. (Domingo & Minucci, Alberigo Gentili and the Secularization of the Law of Nations, p. 17). First editions by Gentili are exceedingly rare on the market. ‎

‎Kaczorowski K. The Peoples Law. In Russian (ask us if in doubt)‎

‎Kaczorowski K. The Peoples Law. In Russian (ask us if in doubt)/Kachorovskiy K. Narodnoe pravo.The Historical and Legal Study of M. Book Young Russia typified by G. Lissner and D. Sobko 1906. IV and 252 and 2. From the contents: No one knows the custom. Community law. Non-agricultural agricultural agricultural law. Common law among non-agricultural labor masses. V. Basic features of popular law. Type and degree of development of law. Common features of popular customary law. Subjectivism of popular law. Purpose In popular law. VI. Labor law. Labor law and anti-labor law as class legal consciousness. The prIn ciple of labor law and the domIn ant law. The prevalence of labor law. Labor law and personal and communal begIn nIn gs. SKUalb34601b0dac396329.‎

‎Le Droit de la Guerre et de la Paix. Divisé en trois livres, Où il explique le Droit de la Nature, le droit des Gens, & les principaux Points du Droit public, ou qui concerne le gouvernement public d'un Etat. Traduit du Latin en Francois, par Monsie... - [THE FOUNDATION OF INTERNATIONAL LAW]‎

‎Paris, Arnould Seneuze, 1687. 4to. Two contemporary uniform full calf bindings with five raised bands to richly gilt spines. Capitals and upper front hinge of volume one worn and boards with a few scrapes. Internally very nice and clean with just the occasional light brownspotting. Engraved frontispiece in vol. 1, engraved title-vignettes, large engraved vignette to verso of title-page of vol. 1, engraved portrait in vol. 1, woodcut vignettes and initials. Printed on good paper and with wide margins. (48), 621, (3) pp. + frontispiece and portrait" (4), 197, (3) pp.‎

‎The very rare first edition of the first French translation of Grotius' groundbreaking magnum opus, ""De Jure Belli ac Pacis"", the founding work of international law. The profoundly influential masterpiece - written during the Thirty Years' War, in the hope that rational human beings might be able to agree to legal limits on war's destruction - ""made him famous throughout Europe... [t]he questions which he put forward have come to be the basis of the ultimate view of land and society. This was the first attempt to lay down a principle of right, and a basis for society and government, outside Church or Scripture... Grotius's principle of an immutable law, which God can no more alter than a mathematical axiom, was the first expression of the ""droit naturel"", the natural law which exercised the great political theorists of the eighteenth century, and is the foundation of modern international law."" (PMM 125). This magnum opus of legal philosophy played a tremendous role in French law and politics and in the entire development of international law in general. ""It is on the DIB (De Iure Bellis) that the bulk of Grotius' reputation rests. It consists of an introduction and three books, totaling more than 900 pages in translation. As with DIP, the introduction or ""Prolegomena"" holds the greatest interest for philosophers, for it is here that Grotius articulates and defends the philosophical foundations of the DIB. While philosophers are naturally attracted to the ""Prolegomena,"" the body of the DIB is also redolent with themes of philosophical interest. Book One defines the concept of war, argues for the legitimacy of war, and identifies who may legitimately wage war. Book Two deals with the causes of war, the origins of property, the transfer of rights and more, while Book Three is dedicated primarily to the rightful conduct of belligerents in war. After the initial publication in 1625, Grotius ushered several more editions to press during his life, each time adding more references without substantially changing the arguments."" (SEP).Living in the times of the Eighty Years' War between Spain and the Netherlands and the Thirty Years' War between Catholic and Protestant European nations (Catholic France being in the otherwise Protestant camp), Grotius was deeply concerned with matters of conflicts between nations and religions. His magnum opus was a monumental effort to restrain such conflicts on the basis of a broad moral consensus. It was begun in prison and published during his exile in Paris. ""In the dedication of his great work, ""De Jure Belli ac Pacis"", to Louis XIII of France, Grotius addresses the king as ""everywhere known by the name Just no less than that of Louis ... Just, when you call back to life laws that are on the verge of burial, and with all your strength set yourself against the trend of an age which is rushing headlong to destruction" ... when you offer no violence to souls that hold views different from your own in matter of religion" ... when by the exercise of your authority you lighten the burden of oppressed peoples.""When writing this dedication and the Prolegomena to ""De Jure Belli ac Pacis"" (originally published in Paris in 1625), Grotius was living in exile. Europe was war-torn and depression and suffering from hunger and cold prevailed in many regions, justifying Grotius' description of international law as such: ""in our day, as in former times, there is no lack of men who view this branch of law with contempt as having no reality outside of an empty name."" The treaty of peace, embodying many of the universal and permanent principles which Grotius abstracted ""from every particular fact"" in those dark days of the early part of the Thirty Years' War, was not concluded till 23 years later. The year 1624 was, in the negotiation of the treaty, assumed to be the norm year for restoration of the ""Status quo"".The more than three centuries since Grotius wrote his magnum opus seem to bear witness to his views upon war peace, in spite of the fact that many a state has not yet realized that the state is ""Truly fortunate which has justice for its own boundary line."" In 1625 Grotius famously stated: ""there is no state so powerful that it may not sometime need the help of others outside itself, either for the purposes of trade, or even ward off the forces of many foreign nations united against it.""Grotius's paramount influence upon international law is widely acknowledged worldwide. For instance, since 1999 the American Society of International Law holds an annual series of Grotius Lectures. Because of his theological underpinning of free trade, he is also considered an ""economic theologist"".""To those desirous of understanding the fundamental principles which have motivated some of the greatest statesmen of modern time and the bases upon which a state which is to remain essentially sound must rest, a reading of Grotius' Prolegomena to the ""Law of War and Peace"" is commended."" (George Grafton Wilson: ""Grotius: Law of War and Peace."", p. 1. In: The American Journal of International Law, vol. 35, nr. 2, 1941).‎

‎Le Droit de la Guerre et de la Paix. Divisé en trois livres, Où il explique le Droit de la Nature, le droit des Gens, & les principaux Points du Droit public, ou qui concerne le gouvernement public d'un Etat. Traduit dy Latin en Francois, par Monsieu... - [THE FOUNDATION OF INTERNATIONAL LAW]‎

‎Paris, Arnould Seneuze, 1687. 4to. Two contemporary uniform full calf bindings with five raised bands to richly gilt spines. All edges of boards gilt. Hinges and capitals worn, with some loss, but still tight. A damp stain to first and last leaves of both volumes (affecting about 17 leaves in all, mostly marginal). Otherwise a nice and clean copy with just the occassional brownspotting. Engraved frontispiece in vol. 1, engraved title-vignettes, large engraved vignette to verso of title-page of vol. 1, engraved portrait in vol. 1, woodcut vignettes and initials. Printed on good paper and with wide margins. (48), 621, (3) pp. + frontispiece and portrait" (4), 197, (3) pp.‎

‎The very rare first edition of the first French translation of Grotius' groundbreaking magnum opus, ""De Jure Belli ac Pacis"", the founding work of international law. The profoundly influential masterpiece - written during the Thirty Years' War, in the hope that rational human beings might be able to agree to legal limits on war's destruction - ""made him famous throughout Europe... [t]he questions which he put forward have come to be the basis of the ultimate view of land and society. This was the first attempt to lay down a principle of right, and a basis for society and government, outside Church or Scripture... Grotius's principle of an immutable law, which God can no more alter than a mathematical axiom, was the first expression of the ""droit naturel"", the natural law which exercised the great political theorists of the eighteenth century, and is the foundation of modern international law."" (PMM 125). This magnum opus of legal philosophy played a tremendous role in French law and politics and in the entire development of international law in general. ""It is on the DIB (De Iure Bellis) that the bulk of Grotius' reputation rests. It consists of an introduction and three books, totaling more than 900 pages in translation. As with DIP, the introduction or ""Prolegomena"" holds the greatest interest for philosophers, for it is here that Grotius articulates and defends the philosophical foundations of the DIB. While philosophers are naturally attracted to the ""Prolegomena,"" the body of the DIB is also redolent with themes of philosophical interest. Book One defines the concept of war, argues for the legitimacy of war, and identifies who may legitimately wage war. Book Two deals with the causes of war, the origins of property, the transfer of rights and more, while Book Three is dedicated primarily to the rightful conduct of belligerents in war. After the initial publication in 1625, Grotius ushered several more editions to press during his life, each time adding more references without substantially changing the arguments."" (SEP).Living in the times of the Eighty Years' War between Spain and the Netherlands and the Thirty Years' War between Catholic and Protestant European nations (Catholic France being in the otherwise Protestant camp), Grotius was deeply concerned with matters of conflicts between nations and religions. His magnum opus was a monumental effort to restrain such conflicts on the basis of a broad moral consensus. It was begun in prison and published during his exile in Paris. ""In the dedication of his great work, ""De Jure Belli ac Pacis"", to Louis XIII of France, Grotius addresses the king as ""everywhere known by the name Just no less than that of Louis ... Just, when you call back to life laws that are on the verge of burial, and with all your strength set yourself against the trend of an age which is rushing headlong to destruction" ... when you offer no violence to souls that hold views different from your own in matter of religion" ... when by the exercise of your authority you lighten the burden of oppressed peoples.""When writing this dedication and the Prolegomena to ""De Jure Belli ac Pacis"" (originally published in Paris in 1625), Grotius was living in exile. Europe was war-torn and depression and suffering from hunger and cold prevailed in many regions, justifying Grotius' description of international law as such: ""in our day, as in former times, there is no lack of men who view this branch of law with contempt as having no reality outside of an empty name."" The treaty of peace, embodying many of the universal and permanent principles which Grotius abstracted ""from every particular fact"" in those dark days of the early part of the Thirty Years' War, was not concluded till 23 years later. The year 1624 was, in the negotiation of the treaty, assumed to be the norm year for restoration of the ""Status quo"".The more than three centuries since Grotius wrote his magnum opus seem to bear witness to his views upon war peace, in spite of the fact that many a state has not yet realized that the state is ""Truly fortunate which has justice for its own boundary line."" In 1625 Grotius famously stated: ""there is no state so powerful that it may not sometime need the help of others outside itself, either for the purposes of trade, or even ward off the forces of many foreign nations united against it.""Grotius's paramount influence upon international law is widely acknowledged worldwide. For instance, since 1999 the American Society of International Law holds an annual series of Grotius Lectures. Because of his theological underpinning of free trade, he is also considered an ""economic theologist"".""To those desirous of understanding the fundamental principles which have motivated some of the greatest statesmen of modern time and the bases upon which a state which is to remain essentially sound must rest, a reading of Grotius' Prolegomena to the ""Law of War and Peace"" is commended."" (George Grafton Wilson: ""Grotius: Law of War and Peace."", p. 1. In: The American Journal of International Law, vol. 35, nr. 2, 1941).‎

‎De mercatura, seu Mercatore tractatus. - [INTRODUCING MARITIME AND COMMERCIAL LAW]‎

‎Venetiis [Venice], Cum Preivilegio [Paolo Manuzio], 1553. 8vo. In a contemporary unrestored vellum binding with three raised bands. Later paper labels pasted on to upper and lower part of spine. ""Stracc. / de /Mercat."" written in contemporary hand to spine. Upper and lower part of front hinge slightly cracked. ""sum Marii D'Abbatis"" written in contemporary hand to pasted down front free end-paper. Early oval stamp on verso of title-page with monogram. Aldine woodcut device to title-page (Ahmanson-Murphy device no: B2). Occasional marginal annotations and very light occasional marginal water-staining. Tiny wormhole in blank outer margin not affecting text. A very nice, clean, and completely unrestored copy. (40), 287, (1) ff. (with the four blanks 5+6-8 and 2N8). As usual with the typopgraphical errors: ""63 '64', 85 '87', 87 '85', 102 '106', 165 '167', 174 '176', 176 '178'"". These errors are to be found in all published copies.‎

‎Exceedingly rare first edition of Stracca's highly important work on merchant-, economic insurance-, and insurance-law. With the present work, Stracca provided the first systematic exposition of commercial law, in particular maritime law, which he was the first to view as distinct from civil law. He was furthermore the first to consider these aspects of the law from a practical point of view, thereby breaking with the late Medieval scholastic law-tradition. Maritime law, often referred to as admiralty law, was developed in Venice in the middle of the 13th century, prompted by the extensive Mediterranean sea trade in which the republic engaged. Legal agreements concluded between consortiums were ad hoc and even though by the time of Straccha, the practice was both well-established and quite refined when one compares to the rest of Europe, no full and systematic exposition of the subject had been published, until Straccha wrote his influential treatise. The work was extremely influential and extremely popular with eight reprints in the 17th century (after the present first edition from 1553: 1555, 1556, 1558, 1575, 1576, 1595, 1599). Numerous reprints in the course of the 17th century bear witness to its longstanding influence. ""In the sixteenth and seventeenth centuries, continental jurists began to regard the affairs of merchants as matter of sufficient interest to warrant special attention and separate treatment in legal writing. Beginning with Benvenuto Straccha's De Mercatura, seu Mercatore Tractatus published in Venice in 1553, a substantial literature on commercial law developed."" (Rogers, The Early History of the Law of Bills and Notes, p. 151)Stracca's work deals with the merchant class and commerce in general"" mercantile contracts, maritime law, and how to deal with bankruptcy. ""His work contains information of interest to economists. He shows the usefulness of trade and navigation"" discusses the restrictions on certain branches of trade, and expresses comparatively moderate opinions on the theory of usury."" (Palgrave).The aspect of insurance was particularly important to Venetian traders, for whom the loss of a single ship could mean bankruptcy. Initially, smaller companies went into coorporation with other smaller companies and created consortiums in order to spread out the risk. Eventually, the practice of insuring oneself through such consortiums became commercialized which lead to the emergence of companies that profited from this line of business: ""A separate sector in which there were many opportunities for making profit from money was insurance. In this sector the damnum emergens [ensuing expense] had a purely hypothetical basis, not a real one. Certainly the element of risk played a plausible role in the case of transport by sea: a subject that was particularly dear to the Ancona jurist Benvenuto Stracca, author of one of the first treatises on trade law and editor of a large collection of writings on mercantile doctrine and jurisprudence."" (Palgrave).Not in BM STC Renouard 156:6. ""Ce volume imprimé en petites lettres rondes est rare."" Einaudi 5491. Kress 69. Goldsmiths 52. Adams S.1911.Ahmanson-Murphy 444Houkes p. 237‎