"A Prequel to Law and Revolution: A Long Lost Manuscript of Harold J. Berman Comes to Light" Free Download
Journal of Law and Religion, Vol. 29 (2014) 142-169
Emory Legal Studies Research Paper No. 14-313

JOHN WITTE, Emory University School of Law

The late Harold Berman was a pioneering scholar of Soviet law, legal history, jurisprudence, and law and religion; he is best known today for his monumental Law and Revolution series on the Western legal tradition. In the early 1960s, Berman wrote a short book, Law and Language, which was only recently discovered and published in 2013. In this early text, he adumbrated many of the main themes of his later work, including Law and Revolution. He also anticipated a good deal of the interdisciplinary and comparative methodology that we take for granted today, even though it was rare in the intense legal positivist era during which he was writing. This essay contextualizes Berman’s Law and Language within the development of his own legal thought and in the evolution of interdisciplinary legal studies. It focuses particularly on the themes of law and religion, law and history, and law and communication that dominated Berman’s writing until his death in 2007.

"Political Vengeance and Remorse in 1912 Arizona" Free Download
Arizona Attorney, November 2014

ANTHONY TSONTAKIS, Arizona Legislative Council

This article recounts the political firestorm triggered by President Taft's appointment of Territorial Governor and Territorial Supreme Court Justice Richard Sloan to be the first federal judge for the new district court formed in the State of Arizona in 1912.

"European and American Political Architects: Prince Klemens Wenzel von Metternich, Lord Castlereagh, Benjamin Franklin – What Did They Expect?" Free Download

MAGDALENA LASKOWSKA, Université Paris II - Panthéon-Assas

The object of this paper is to present the historiographic image of Prince Klemens Wenzel von Metternich - an Austrian minister of foreign affairs (1809-1848), chancellor (1821-1848), and a champion of conservatism - as written down in many Western historical textbooks and articles, and oppose it to the real position of this famous politician. My main discovery is that this Architect of the Congress of Vienna and the one that is considered to have proclaimed peace-building European political order until the First World War has written almost nothing about his political and personal experience concerning the foundations of the European political order - the Congress of Vienna in his fundamental political work: the Memoirs.

Another political figure that I present explicitly and implicitly is Robert Stewart Viscount of Castlereagh - a Secretary of State for Foreign Affairs (1812-1822), the Leader of the House of Commons (1812-1822), and a Secretary of State for War and the Colonies (1805-1806, 1807-1809) of British nationality. John Bew stated that his life should be required reading by anyone who wants to be at the center of action, and my paper aims to show that there is perhaps some political truth therein. On Castlereagh, one can find hagiographies, spirited defenses of his statesmanship, and highly caustic contemporary and historical critiques. My paper is implicitly asking what this famous politician, universally presented as a statesman, has really achieved in European politics.

Finally, I also present the figure of American politician and scientist - Benjamin Franklin. I reveal that in his autobiography he wrote nothing (at all) about the Declaration of Independence, the Treaty of Alliance with France, the Treaty of Peace with England, and the U.S. Constitution. Why was it the case? It is hard to establish it more than two centuries after his death.

"Money Is Rights in Rem: A Note on the Nature of Money" Free Download
Journal of Economic Issues, December 2014

JONGCHUL KIM, Columbia Law School

This paper argues that the development of money and the legal concept of property has been intertwined. That is, money and rights in rem have tended to mirror each other historically. The fictional concept of rights in rem was arguably created in the image of money in the late Roman Republic, where the concept of dominium or rights in rem was first settled at law and money became a predominant medium for social relations. The paper demonstrates that contemporary banking, including commercial and shadow banking, creates money by mirroring credit in the image of rights in rem.

"Introduction: The Great War and its Significance for Law, Legal Thinking and Jurisprudence" Free Download
Erasmus Law Review, Vol. 7, No. 2, 2014

WILLEM H. VAN BOOM, Leiden Law School

This year we commemorate the centenary of the outbreak of the Great War, the First World War. Obviously, in the past century much scholarly work has been dedicated to the Great War, its causes and consequences and its lasting impact on individuals, societies, economies and cultures. However, considerably less material is available on what effects – if any – the Great War had on the development of law, legal thinking and jurisprudence. This issue of Erasmus Law Review is dedicated to that particular significance of the Great War, be it confirmed, alleged or disputed significance. In the contributions to this issue, four different viewpoints of this topic are presented: colonial constitutional law and governance, contract law, international relations and public international law, and finally international criminal law.


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Legal History eJournal

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Andrew W. Mellon Foundation Scholar, Center for Human Values, Peter Brooks, Princeton University

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Columbia Law School

Harvard University - Department of African-American Studies

Nelson Bowman Sweitzer & Marie B. Sweitzer Professor of Law, Stanford Law School

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Harvard Law School

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