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BouvierLawDictionary2001
Library Guides — Various analyses of key ideas and how they were advanced by some of the works in this collection.
Code of Hammurabi (~1780 BCE) — Early Mesopotamian legal code laid basis for later Hebraic and European law.
Ancient Greek and Latin Library — Selected works on ancient history, customs and laws.
The Civil Law, tr. & ed. S. P. Scott (1932) — Includes the classics of ancient Roman law: the Law of the Twelve Tables (450 BCE), the Institutes of Gaius (180), the Rules of Ulpian (222), the Opinions of Paulus (224), the Corpus Juris Civilis of Justinian (533), which codified Roman Law, and the Constitutions of Leo.
"Constitution" of Medina (Dustur al-Madinah), Mohammed (622) — Not so much a constitution as a treaty which united Muslims, Jews, Christians and pagans, in the city-state of Medina, that exhibits some principles of constitutional design.
Policraticus, John of Salisbury (1159), various translations — Argued that citizens have the right to depose and kill tyrannical rulers.
Constitutions of Clarendon (1164) — Established rights of laymen and the church in England.
Assize of Clarendon (1166) — Defined rights and duties of courts and people in criminal cases.
Assize of Arms (1181) — Defined rights and duties of people and militias.
Magna Carta (1215) — Established the principle that no one, not even the king or a lawmaker, is above the law.
Britton, (written ~1290, printed ~1530) — Abridged, updated, more readable, and more widely used codification based on Bracton, originally in the French of the English court, reflecting changes in the law, including changes in juries.
Confirmatio Cartarum (1297) — United Magna Carta to the common law by declaring that the Magna Carta could be pled in court.
The Declaration of Arbroath (1320) — Scotland's declaration of independence from England.
The Prince, Niccolò Machiavelli (1513) — Practical advice on governance and statecraft, with thoughts on the kinds of problems any government must be able to solve to endure.
Utopia, Thomas More (1516) — Satirical analysis of shortcomings of his society and a vision of what could be.
Discourses on Livy, Niccolò Machiavelli (1517 tr. Henry Neville 1675) — Argues for the ideal form of government being a republic based on popular consent, defended by militia.
Relectiones, Franciscus de Victoria (lect. 1532, first pub. 1557) — Includes De Indis and De iure belli, arguing for humane treatment of native Americans and of enemies in war. Provided the basis for the law of nations doctrine.
Discourse on Voluntary Servitude, Étienne De La Boétie (1548, tr. Harry Kurz 1942) — People are ultimately responsible for their servitude, and non-violent resistance can win their freedom.
De Republica Anglorum, Thomas Smith (1565, 1583) — Written while he was ambassador to France, describes the constitution of England under Elizabeth I in a way that indicates tendencies toward republican ideals.
Vindiciae Contra Tyrannos (Defense of Liberty Against Tyrants), "Junius Brutus" (Orig. Fr. 1581, Eng. tr. 1622, 1689) — In 1683 it was ordered to be burned.
Six Books of the Commonwealth, Jean Bodin (~1590 tr. Richard Knolles 1606, tr. & abr. M.J. Tooley 1955) — Originated modern ideas of sovereignty, the state, and citizenship.
Politica, Johannes Althusius (1614, Abr. & tr. Frederick S. Carney) — First presented a comprehensive theory of federal republicanism based on a covenantal model of human society.
The Mayflower Compact (1620) — One of the first expressions of the social contract in written form.
The Law of War and Peace, Hugo Grotius (1625) — Sets out principles of natural law and the laws of nations.
Selected Works of Francis Bacon (1620-27). Includes Novum Organum and New Atlantis. Argued for scientific approach to problems of government.
Selected Works of Edward Coke (~1628) — Commentary on English common and statutory law, including the Institutes and the Reports.
The Petition of Right (1628) — The objectives of the reform movement that led to the English Civil War and the deposing of Charles I.
Fundamental Orders of Connecticut (1639) — The first written constitution in the Western tradition.
The Elements of Law Natural and Politic, Thomas Hobbes (1640) — Discussion of the natural law foundations of government.
Massachusetts Body of Liberties (1641) — Early written expression of the liberties asserted by the colonists in reaction to the oppressions of European governments.
A Plea for Religious Liberty, Roger Williams (1644) — Early expression of the principle of religious tolerance by the founder of the colony of Rhode Island.
Lex, Rex (The Law is King), Samuel Rutherford (1644) — Theological arguments for the rule of law over the rule of men.
On Liberty, John Winthrop (1645) — Discusses liberties demanded by the colonists.
The Constitutional Documents of the Puritan Revolution: 1625-1660, Samuel Rawson Gardiner, ed. (1906) — The English "commonwealth" led by Cromwell didn't endure, but many of its ideas did.
Selected Works of the Levellers and their Allies (1645-56) — Militia leaders who sought legal reforms later sought by the American Revolution and embodied in the U.S. Constitution and Bill of Rights. Includes An Agreement of the Free People of England, an early attempt at a republican constitution.
De Cive (The Citizen), Thomas Hobbes (1641-47) — Discussion of the natural law foundations of government.
Leviathan, Thomas Hobbes (1651) — Laid basis for social contract theory, providing branching point for the theories of constitutionalism and fascism.
Selected Political Works of John Milton — Includes Areopagitica (1644), Tenure of Kings and Magistrates (1649), and Defense of the People of England (1651).
Selected Works of James Harrington (~1656) — Includes The Commonwealth of Oceana.
Selected Political Works of Baruch de Spinoza (1670-7) — Includes Theologico-Political Treatise and Political Treatise.
On the Duty of Man and Citizen According to Natural Law, Samuel Pufendorf (1673, 1682 tr. Frank Gardner Moore) — Based law and right on natural law.
I The Law of Nature and of Nations, Samuel Pufendorf (1674, tr. Basil Kennett 1703) — Derived justice and the law of nations from natural law.
Bacon's Declaration in the Name of the People (1676) — The manifesto of a rebellion in Virginia led by Nathaniel Bacon.
Habeas Corpus Act (1679) — English Parliament established key right.
Patriarcha, Robert Filmer (1680) — This defense of absolute monarchy provoked Locke and Sidney to write their major works.
Plato Redivivus, Henry Neville (1681) — Argued for limits on the powers of government.
Frame of Government of Pennsylvania, William Penn (1682) — Early model for written constitutions.
I Selected Political Works, James Tyrrell (1681-1694) — Inspired Locke and other political philosophers.
English Bill of Rights (1689) — Early model for recognizing natural rights in writing. Much of its language appeared later in the Declaration of Independence and U.S. Constitution.
A Letter Concerning Toleration, John Locke (1689) — Classic statement of the case for toleration of those holding different views.
Second Treatise on Government, John Locke (1690) — Principal proponent of the social contract theory which forms the basis for modern constitutional republican government.
A Discourse of Government with Relation to Militias, Andrew Fletcher (1698) — Analyzes importance of the militia to legitimate government, law enforcement, and national defense.
Discourses Concerning Government, Algernon Sidney (1698) — Built principles of popular government from foundation of natural law and the social contract.
Constitution of the Iroquois Confederacy — A model for a federal system of government for several Native American nations, it influenced Franklin's proposed Albany Plan of Union.
Pennsylvania Charter of Privileges, William Penn (1701) — Better model adopted later.
Selected Works of Walter Moyle, (~1696-1721, pub. 1796) — Includes Constitution of the Roman State, a commentary on English constitutional issues from a Whig perspective.
W Questions of Public Law, Cornelius van Bynkershoek (1737) — Develops the law of nations and constitutional (public) law beyond Grotius and Pufendorf.
The Principles of Natural and Politic Law, J. Burlamaqui (1748, tr. Thomas Nugent 1752) — Commentary on the natural law ideas of Grotius, Hobbes, Puffendorf, Barbeyrac, Locke, Clarke, and Hutchinson.
The Spirit of Laws, Charles de Montesquieu, (1748, tr. Thomas Nugent 1752) — Laid the foundations for the theory of republican government, particularly the concepts of the separation of powers into legislative, executive, and judicial, a federal republic, representatives elected from political subdivisions, a bicameral legislature, and a system of checks and balances.
Selected Essays of David Hume, (1754) — Includes "Idea of a Perfect Commonwealth", which inspired the federal design of the U.S. Constitution.
Albany Plan of Union, Benjamin Franklin (1754) — An early model for union that laid the foundation for what would eventually become the federal union.
In Defense of a Plan for Colonial Union, Benjamin Franklin (1754) — Arguments in favor of the Albany Plan of Union, which was rejected as too democratic.
Institutes of natural law, Thomas Rutherforth (1754) — Lectures on Grotius De jure belli et pacis.
Selected Political Works of Jean Jacques Rousseau, (1754-1772) — Includes Social Contract and A Discourse on Political Economy.
The Law of Nations, Emmerich de Vattel (1758) — Based constitutional and civil law on the law of nations.
The Rights of the British Colonies Asserted and Proved, James Otis (1764) — A position statement that laid the foundation for the Declaration of Independence.
Of Crimes and Punishments, Cesare Beccaria (1764) — Set out rights of the accused in criminal proceedings. Argues for crime prevention over punishment, and against the death penalty and torture.
Virginia Resolves on the Stamp Act, Patrick Henry (1765 May 30) — Protest of a tax without representation.
The Declaration of Rights of the Stamp Act Congress (1765) — Asserted the position that people could not legitimately be taxed except by their elected representatives.
The Declaratory Act (1766) — The English Parliament repealed the Stamp Act, but couldn't leave well enough alone, and adopted this statement of parliamentary supremacy over the British colonies.
An Essay on the History of Civil Society, Adam Ferguson (1767) — The evolution of societies and their forms of government.
I Camden, Mansfield and the English Constitution — The rivalry between two British jurists helped provoke the American Revolution and shaped the evolution of the jury system in both Britain and the United States.
W Letters of Junius, Unknown (1767-72) — Letters from an English Whig and ally of Lord Camden against the efforts of Lord Mansfield to restrict the role of juries, and on other constitutional topics.
W The English Constitution, John Louis De Lolme (1771) — Discusses separation of powers, the jury system, and habeas corpus.
The Rights of the Colonists, Samuel Adams (1772) — The Report of the Committee of Correspondence to the Boston Town Meeting.
Fairfax County Resolves (1774) — Developed the issues that led to the Declaration of Independence.
Declaration of Colonial Rights, First Continental Congress (1774) — Developed the principles being violated by British rule.
Articles of Association (1774) — Protest of British acts resulted in this prelude to the Articles of Confederation.
Charlotte Town Resolves, sometimes called the Mecklenburg Resolves (May 31, 1775) — Another step toward declaring independence.
Declaration of Taking Up Arms, Second Continental Congress (July 6, 1775) — Last step before declaring independence.
On Civil Liberty, Passive Obedience, and Nonresistance, Jonathan Boucher (1775) — Urged obedience to established authority, representing statist view of constitutional principles.
Selected Writings of Thomas Paine — Includes Common Sense (1776) and Rights of Man (1792).
The Virginia Declaration of Rights (1776) — Further developed principles being violated by British rule, adopted as part of Virginia Constitution. Contains accepted definition of militia.
U.S. Declaration of Independence (July 4, 1776) — Classic statement of what constitutes legitimate government and under what conditions men were justified in resorting to armed revolution to change it.
Selected Political Works of Richard Price — Includes Civil Liberty (1776) and Importance of the American Revolution (1784).
Articles of Confederation (1777) — First attempt to form a common government for the newly independent states.
The Principles of Morals and Legislation, Jeremy Bentham (1781) — Introduced utilitarianism, to provide a better theoretical foundation for penal statutory law than natural law theory.
Criminal Libel and the Duty of Juries, Joseph Towers (1764, 1784), Francis Maseres (1792) — Three essays on the right of defendants, especially in criminal libel cases, to have the jury decide the law as well as the fact issues.
Selected Political Works of Immanual Kant (~1785-95) — Includes Metaphysics of Morals.
The Northwest Ordinance (1787) — Model for administration of common territory not yet a part of any state.
Constitutional Ratification Debates
Debates in the Federal Convention of 1787, James Madison. — These are the proceedings of the Constitutional Convention held in Philadelphia, an essential guide to interpreting the intent of the Framers.
Constitution for the United States (1787) — Annotated and linked to other documents in this collection.
The Federalist Papers, James Madison, Alexander Hamilton, John Jay (1787-88) — Arguments for ratification of the proposed Constitution.
Anti-Federalist Papers (1787-89) — Various essays criticizing the proposed Constitution and urging changes.
The Debates in the Several Conventions on the Adoption of the Federal Constitution, Jonathan Elliot (1836) — A collection of documents, including proceedings of the ratifying state conventions.
Documentary History of the Constitution of the United States of America, U.S. State Department (1894, 1900) — A collection of documents, including some not in Elliot's Debates or the other works listed.
Documentary History of the Bill of Rights — From the English Bill of Rights through the proposed amendments of the state ratifying conventions to the drafts debated in Congress before adopting the final version.
W Selected Essays from the Founding Period — Lectures, newspaper articles, and sermons which reflect the understanding of constitutional issues during the founding period.
I A Defense of the Constitutions of Government of the United States of America, John Adams (1787-89) — Comprehensive historical review of how various national constitutions worked, with quotes from political philosophers and historians, that influenced the Founders in their drafting of state and federal constitutions.
Declaration of the Rights of Man and the Citizen (Marquis de Lafayette, Thomas Jefferson, 1789) — Manifesto of the French Revolution, expressing its ideals.
Selected Works of Edmund Burke (1788-92) — Commentary on the American and French Revolutions and the political issues they raised.
A Vindication of the Rights of Women, Mary Wollstonecraft (1792) — Set forth the arguments for women's rights. Mother of Mary Wollstonecraft Shelley, the author of Frankenstein.
Tracts on Political and Other Subjects, Joseph Towers (1796) — Followup on his earlier writings on the role of juries.
Federalist-Republican Debates 1792-1800
Against the Constitutionality of the Bank of the United States, Thomas Jefferson.
For the Constitutionality of the Bank of the United States, Alexander Hamilton.
Farewell Address, George Washington (1796).
The Virginia Report, J.W. Randolph, ed. (1850) — Documents and commentary arising out of the controversies attending the Alien and Sedition Acts, including the Kentucky Resolutions of 1798 and 1799 and the Virginia Resolution of 1798, which set forth the "Doctrine of '98" concerning constitutional interpretation, and led to the "Revolution of 1800", the dominance of the Jeffersonians, and the demise of the Federalist Party.
First Inaugural Address, Thomas Jefferson (1801) — Represents the triumph of the strict constructionists following the excesses represented by the Alien and Sedition Acts.
Selected Works of Thomas Jefferson — Includes complete Writings of Thomas Jefferson, Albert Ellery Bergh, ed., 19 vol. (1905).
Selected Works of James Madison — Selected writings bearing on constitutional interpretation.
Tucker's Blackstone, St. George Tucker (1803) — The Commentaries on the Laws of England by William Blackstone (1769), with additional commentaries by Tucker adapting the common law to the needs of the U.S. Constitution.
Works of James Wilson (1804) — Includes "Lectures on Law, 1790-1792" and other writings of the Pennsylvania delegate to the Constitutional Convention.
W Dallas, Cranch and Wheaton — Three successive collections of U.S. Supreme Court decisions covering 1789-1816.
Journal of William Maclay — Maclay served as senator from Pennslyvania from 1789 to 1791 and kept a private journal of his experiences that is highly revealing.
Selections from Annals of Congress and Statutes at Large — Records of debates and statutes in the first years of the U.S. Congress on matters of constitutional significance.
W An Inquiry into the Principles and Policy of the Government of the United States, John Taylor (1814) — A response to John Adams' A Defense of the Constitutions of Government of the United States of America by a leading theorist of the Jeffersonian republicans.
Construction Contrued and Constitutions Vindicated, John Taylor (1820) — A commentary on some of the misconstructions of the Constitution by the Marshall Court.
Tyranny Unmasked, John Taylor (1821) — An attack on the constitutionality of protective tariffs and other violations of the original understanding of the Constitution, as seen by the leading spokesman for the Jeffersonian "Old Republicans".
The Elements of the Art of Packing, As Applied to Special Juries, Particularly in Cases of Libel Law, Jeremy Bentham (written 1809, published 1821) — Critical treatise on abuses of the English jury system and ways to reform it, which provides a historical background to practices that continue to this day. The first publisher in 1817 of excerpts from this work was prosecuted twice for doing so, and the second three times, but in each attempt, juries acquitted them.
New Views of the Constitution of the United States, John Taylor (1823) — A discourse on the constitutional nature of the American union reflecting views of Jefferson and Madison.
I Commentaries on American Law, James Kent (1826) — Kent's Commentaries succeeded Tucker's Blackstone by reformulating the relevant content of Blackstone's Commentaries and integrating Common Law with Constitutional Law up to that time.
A View of the Constitution, William Rawle (1829) — Early commentary on the Constitution and how it should be interpreted. Made point that the Bill of Rights also applied to the states, something that would later be denied, then partially reassserted by the 14th Amendment and the doctrine of (selective) incorporation.
Selected Works of Daniel Webster (1782-1852) — Selected writings bearing on constitutional interpretation.
Hayne-Webster Debate (1830) — Debates between Daniel Webster, representing a broader construction of federal powers, and Robert Y. Hayne, representing strict construction and the views of John C. Calhoun.
Selected Works of John C. Calhoun, (1831) — Includes "A Disquisition on Government" and "A Discourse on the Constitution and Government of the United States". Developed the doctrines of concurrent majority, interposition, nullification and state secession, to correct what he perceived as a defect in the design of the Constitution that permits a persistent majority to dominate all three branches of government and legislate against the interests of a minority to the point where they would consider their rights violated.
W Commentaries on the Constitution of the United States, Joseph Story (1833) — Authoritative commentaries by an early Supreme Court justice who helped shape interpretation of the Constitution for the next century.
A Brief Enquiry into the True Nature and Character of our Federal Government, ..., Abel Parker Upshur (1840, 1868) — A review of Joseph Story's Commentaries on the Constitution of the United States, arguing against some of Story's expansive interpretations of national powers.
Seneca Falls Declaration, Elizabeth Cady Stanton (1848). Manifesto of the women's equality movement.
Civil Disobedience, Henry David Thoreau (1849) — Discusses duty of individuals to resist government excesses.
The Law, Frederick Bastiat (1850) — Classic treatment of one of the main challenges to the survival of democratic government.
Law Dictionary, John Bouvier (1856). Also available as two self-extracting executables: Part 1 and Part 2.
Selected Political Works of John Stuart Mill (~1860-9) — Includes On Liberty, Representative Government, Utilitarianism, and The Subjection of Women.
I Documents and Commentary on Slavery, the Confederate States of America, and the 1861-65 War of Secession.
The American Republic: its Constitution, Tendencies, and Destiny, O. A. Brownson (1866) — Argument against secession, distinguishes the constitution of government from the underlying constitution of the society, and territorial from socialistic or egoistic democracy.
W A Treatise on the Constitutional Limitations Which Rest Upon the Legislative Powers of The States of the American Union, Thomas M. Cooley (1868, 1883) — Commentary reflecting constitutional thought at the time.
W The General Principles of Constitutional Law in the United States of America, Thomas M. Cooley (1891) — Introduction by the leading constitutional scholar of his era.
The Evolution of the Constitution of the United States, Sydney George Fisher (1897). Traces each of the clauses of the U.S. Constitution back to previous colonial, state and other government documents.
The Grand Jury, George J. Edwards (1906) — Classic treatise on the grand jury, unequalled to this day.
Federal Usurpation, Franklin Pierce (1908) — Historical and constitutional analysis of how corruption, zealotry, and incompetence combined to violate the Constitution.
State Documents on Federal Relations, Herman V. Ames (1911) — Debates among the states on the Constitution, 1789-1861.
Robert's Rules of Order Revised, Henry Robert (1915) — Essential manual for parliamentarians of deliberative assemblies.
Constitutional Conventions, Roger Sherman Hoar (1917) — Treatise on the way a body politic manifests its sovereignty.
Recent Changes in American Constitutional Theory, John W. Burgess (1923) — Constitutional scholar surveys departures from constitutional compliance from 1898 through 1920.
The Revival of Natural Law Concepts, Charles Grove Haines (1930) — Review of natural law theory as the foundation of constitutional law.
Sources of English Constitutional History: 600-1937, Carl Stephenson & Frederick George Marcham (1937) — Collection of the documents that define the English "constitution".
Union Now, Clarence K. Streit (1939) — Classic treatise on international conflict and federalism.
Constitutionalism: Ancient and Modern, Charles Howard McIlwain (1947) — Discourse on the origins and development of constitution theory.
The Origins of Modern Constitutionalism, Francis D. Wormuth (1949) — Historical analysis of the key constitutional concepts.
Jurisdiction over Federal Areas within the States — Report of the Interdepartmental Committee for the Study of Jurisdiction over Federal Areas within the States (1956).
Militia Treatises, James B. Whisker — Standard references on the subject. Includes The Militia (1992) and The American Colonial Militia (1997).
Selected Works on Tyranny — To understand the principles of constitutional republican government, one must understand the principles of its opposite.
Trials of Liberty — Some of the best expositions of law and constitutional principles are made during trials.
Landmark Court Decisions — Includes commentaries on the rulings and the opinions.
Constitutional History & Commentary — Books, anthologies, and essays.
History & Economics Background — Books, anthologies, and essays.
Legal Briefs Collection — Organized by subject.
Law Review Article Collection — Organized by subject.
Common Law Writs — Sometimes called Extraordinary Remedies, they are key to understanding the Constitution.
U.S. State Constitutions and Web Sites
National Constitutions — The supreme laws of many of the most important countries, for comparative analysis.
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