Law, history, and original sources

Legal History Library

Explore the sources behind historical legal arguments. The collection brings together English and American treatises, constitutional commentary, and related scholarship, with edition details and research paths for studying the development of rights.

Originalism and Historical Analogy

26 works
EDITION YEAR1879

De Legibus et Consuetudinibus Angliae

Henry de Bracton · England

Requested text available

Bracton’s treatise offers a starting point for studying medieval English law. This record identifies volume 2 of Travers Twiss’s 1879 edition and translation. The medieval composition, the first printed edition of 1569, and this nineteenth-century edition are separate dates.

EDITION YEAR1685

Fleta

Anonymous · England

Alternate edition

Fleta is an anonymous medieval treatise, rather than the name of an author. This record describes the 1685 Latin edition associated with John Selden’s editorial work. It is an alternate source for the collection’s requested 1955 Selden Society edition and translation.

EDITION YEAR1903

Leges Henrici Primi

Anonymous · England

Alternate edition

The text of Leges Henrici Primi appears within volume 1 of Felix Liebermann’s Die Gesetze der Angelsachsen. This 1903 collection supplies Latin text and German editorial material. It should be distinguished from the requested Downer edition of 1972.

EDITION YEAR1644

The Third Part of the Institutes of the Laws of England

Edward Coke · England

Requested text available

The third part of Coke’s Institutes belongs to the collection’s early English criminal-law materials. This record identifies the 1644 edition. Edition-specific citations and source images help researchers distinguish the historical text from later editorial treatments.

EDITION YEAR1694

Pleas of the Crown

Matthew Hale · England

Alternate edition

Hale’s Pleas of the Crown is cataloged separately from his longer History of the Pleas of the Crown. This record identifies the 1694 edition as an alternate to the requested 1972 Glazebrook edition. The distinction matters when following quotations, pagination, and editorial notes.

EDITION YEAR1736

The History of the Pleas of the Crown

Matthew Hale · England

Requested text available

This record identifies the first volume of Hale’s History of the Pleas of the Crown, edited by Sollom Emlyn and published in 1736. The title-page date has been checked against the scan. This work is distinct from Hale’s shorter Pleas of the Crown.

EDITION YEAR1853

A Treatise on Crimes and Misdemeanors

William Oldnall Russell · England and United States

Alternate edition

This record describes volume 1 of Russell’s treatise in the seventh American edition, from the third London edition, published in 1853. It is a substitute for the collection’s requested 1845 edition. Edition and editor information should travel with any quotation or citation.

EDITION YEAR1803

A Treatise of the Pleas of the Crown

Edward Hyde East · England

Requested text available

East’s treatise is part of the collection’s early nineteenth-century English criminal-law materials. This record identifies volume 1 of the London edition of 1803. The volume and edition are retained in citation information so that a reference can be traced to the source in hand.

EDITION YEAR2013

Blackstone’s Commentaries: Tucker’s American Edition

William Blackstone; St. George Tucker · United States

Related or partial text

The collection target is volumes 2 and 5 of Tucker’s 1803 American edition of Blackstone. The identified electronic text contains selected notes in a modern LONANG transcription. It is a partial source, and its pagination has not been verified against the corresponding pages of the 1803 volumes.

EDITION YEAR1749 / 1788

Conductor Generalis

Various editions · Colonial America and United States

Some requested editions available

This record brings together the 1749 and 1788 editions of Conductor Generalis. Each edition retains its own bibliographic identity. The collection also seeks the editions of 1722, 1794, and 1801; the existing copies do not establish the wording of those missing editions.

EDITION YEAR1762

The Justice of the Peace, and Parish Officer

Richard Burn · England

Requested text available

Burn’s manual appears in this collection as volume 2 of the seventh edition, published in 1762. The record supports research into the legal materials used by justices of the peace and parish officers. References should identify this volume and edition rather than assuming that later editions use the same text or pagination.

BIBLIOGRAPHY—

A Treatise on Criminal Law

John Anthony Gardner Davis · United States

Not yet available

This catalog entry identifies Davis’s A Treatise on Criminal Law, published in 1838, as a collection target. No copy of the requested text has been added. The entry is a bibliographic reference and does not provide a verified quotation, pinpoint, or complete digital edition.

EDITION YEAR1736

The Office and Authority of a Justice of Peace

George Webb · Colonial America

Requested text available

Webb’s manual is cataloged in its 1736 Williamsburg edition, printed by William Parks. It belongs to the collection’s materials on the administration of law in colonial America. The record preserves the edition and place of publication for researchers tracing the use of English legal materials in that setting.

EDITION YEAR1861

A Treatise on the Criminal Law of the United States

Francis Wharton · United States

Alternate edition

The catalog identifies volume 1 of Wharton’s fifth revised edition of 1861. The collection target remains the fourth revised edition of 1857. These editions should not be treated as interchangeable when dating a proposition, comparing language, or supplying a pinpoint citation.

EDITION YEAR1873 / 1901

Commentaries on the Law of Statutory Crimes

Joel Prentiss Bishop · United States

Requested text available

This record identifies the original 1873 edition and the third edition of 1901, revised by Marion C. Early. The earlier copy was reconstructed from source scans. The later edition provides a comparison text, with its separate editorial and publication details retained.

EDITION YEAR1833

Commentaries on the Constitution of the United States

Joseph Story · United States

Requested text available

Story’s first volume supplies an American constitutional context for the collection’s English legal sources. This record identifies the 1833 edition. The judicial-power research path points to selected passages on interpretation while preserving the distinction between Story’s commentary and the constitutional text.

EDITION YEAR1991 / 1992

The Bill of Rights: Creation and Reconstruction

Akhil Reed Amar · United States

Related or partial text

The collection target is Amar’s 1998 book, The Bill of Rights: Creation and Reconstruction. The associated sources are three related law review articles. Each article has its own title, date, and citation; they do not constitute a digital copy of the book.

BIBLIOGRAPHY—

Democracy and Distrust: A Theory of Judicial Review

John Hart Ely · United States

Not yet available

Ely’s Democracy and Distrust: A Theory of Judicial Review is included as a modern scholarly work in the bibliography. The collection target is the 1980 edition. No copy of that book has been added, so this record does not provide a source image or a verified pinpoint.

BIBLIOGRAPHY—

Politics and the Constitution in the History of the United States

William Winslow Crosskey · United States

Not yet available

The bibliography identifies volume 2 of Crosskey’s Politics and the Constitution in the History of the United States, published in 1953. A copy of the requested volume has not yet been added. This entry records the research target without representing that its text or pagination has been checked.

BIBLIOGRAPHY—

Dispelling the Myths of Abortion History

Joseph W. Dellapenna · United States

Not yet available

Dellapenna’s 2006 book is included among the collection’s modern works on legal history. A copy has not yet been added. This bibliographic record identifies the work but does not offer a verified extract or endorse a particular historical conclusion.

BIBLIOGRAPHY—

Abortion, Doctors and the Law

John Keown · England

Not yet available

Keown’s Abortion, Doctors and the Law is cataloged as a modern work on English legal history. The collection target is the 1988 edition. No copy has yet been added, and the entry does not provide independently checked quotations or page references.

BIBLIOGRAPHY—

Liberty and Sexuality

David J. Garrow · United States

Not yet available

Garrow’s Liberty and Sexuality appears in the collection’s bibliography of modern historical scholarship. The requested edition was published in 1994. This is a catalog record for a work still to be obtained, rather than a representation that the book is available in the reader.

BIBLIOGRAPHY—

Doing It by the Book

John A. Conley · England and Colonial America

Not yet available

Conley’s article concerns justice-of-the-peace manuals and the use of English law in eighteenth-century America. It appeared in the Journal of Legal History in 1985. The bibliography identifies the article, but the collection does not yet provide a copy for reading or quotation verification.

EDITION YEAR1960 / 1960–1961 / 1961

Justifiable Abortion—Medical and Legal Foundations

Eugene Quay · United States

Requested text available

Quay’s article appeared in two parts in volume 49 of the Georgetown Law Journal. Part 1 begins at page 173 in 1960; part 2 begins at page 395 in 1961. The catalog distinguishes the separate parts, the combined file, and the complete journal issues so that citations identify the relevant article pages.

EDITION YEAR1985

Reexamining Roe

James S. Witherspoon · United States

Requested text available

Witherspoon’s article is cataloged with its appendix in volume 17 of the St. Mary’s Law Journal. The record identifies its 1985 publication and starting page. Researchers should distinguish the article’s account of historical statutes from the statutes themselves and check any quoted source independently.