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French Legal Bibliographies

Published online by Cambridge University Press:  13 February 2019

Extract

For some time I have been aware of the need for law librarians, not merely in Louisiana (with its system of Civil Law and its special relationship to French Civil Law) but elsewhere as well to have access to the bibliographical works which guide us through the corpus of French law. At the American Association of Law Libraries Institute on the Civil Law in Montreal in 1977, I was extremely gratified to note the high level of interest in French law—even by librarians trained in Common Law! My experiences with the Institute, coupled with the reprinting in recent years of several of the most significant French legal bibliographies convinced me that greater exposure of these works is in order. Because of the introductory nature of this article, my tendency is to omit bibliographies which are virtually unobtainable. Also omitted are general bibliographies, even though law is included, and bibliographies which simply list materials. My obvious preferences are for those works which organize, systematize and classify legal works; those which describe or evaluate the works in question; and those which provide several points of entry by means of tables and indices.

Type
Bibliographies
Copyright
Copyright © International Association of Law Libraries. 1979 

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References

1 There are numerous works which provide excellent English language introductions to French law. For example, René David's French Law (Kindred translation) Baton Rouge, Louisiana State University Press, 1972; David, Rene and DeVries, Henry P., The French Legal System, New York, Oceana Publications, 1958; and Szladits, Charles, Guide to Foreign Legal Materials—French, German, Swiss, New York, Oceana Publications, 1959 (pp. 6116).Google Scholar

2 For a more comprehensive array of French legal bibliographies, see Vallée, Leon, Bibliographie des Bibliographies, Paris, E. M. Terquem, 1883 and Villalon-Galdames, Alberto, Bibliografia Jurídica de América Latina (1810-1965), Santiago de Chile, Editorial Jurídica de Chile (1969). French legal bibliographies appear in Section 3 of Chapter 1 (Bibliografias por temas y, en especial, bibliografias jurídicas). For many entries the author includes detailed notes. See also Besterman, , A World Bibliography of Bibliographies, 4th ed., Lausanne, Sociétas Bibliographica. (Volume 3 under Law, Laws); Konrad Stollreither, Internationale Bibliographie der juristischen Nachschlagewerke, Frankfurt, Vittorio Klostermann, 1955, pp. 64 et seq; and Bibliographie Juridique, in Volume 1 of Fuzier-Herman, Repertoire General Alphabetique du Droit Français, Paris, Larose et Forcel, 1886, pp. XVII-XXXVIII.Google Scholar

3 Wallach, Kate, Bibliographical History of Louisiana Civil Law Sources—Roman, French and Spanish, Baton Rouge, Louisiana State Law Institute, 1955. French law is treated on pp. 1760.Google Scholar

4 David, Rene, French Bibliographical Digest—Law, New York, Cultural Division of the French Embassy (1952). It is, unfortunately, out-of-print.Google Scholar

5 Stumberg, George, Guide to the Law and Legal Literature of France, Washington, D.C., United States Govt. Printing Office (1931).Google Scholar

6 Borchard, Edwin, The Bibliography of International Law and Continental Law, Washington, D.C., United States Government Printing Office (1913).Google Scholar

7 New York, Cultural Divisions of the French Embassy, 1952.Google Scholar

8 Ibid. at 15.Google Scholar

9 Ibid. at 14. These are still very much in use in Louisiana. In a landmark personal injury case, the Louisiana Supreme Court cited, inter alia, Toullier and Laurent, and the dissenting opinion also cited Laurent. See Holland v. Buckley, 305 So.2d 113, 115, 118, 122 (1974).Google Scholar

10 The discussion of French legal bibliographies appears on pp. 712.Google Scholar

11 Dramard, Eugene, Bibliographie Raisonnee du Droit Civil Comprenant les Matieres du Code Civil et des Lois Posterieures Qui en Forment le Complement. Paris, Firmin-Didot, 1879. Reprint Glashutten im Taunus, 1976.Google Scholar

12 Ibid. Preface, p. IX.Google Scholar

13 An example is the annotation on Zachariae (in English translation):Google Scholar

Zachariae—Handbuch des Franzoesischen Civil Rechts, (Manuel du Droit Civil Français, Manual of French Civil Law), by Zachariae, Professor at the University of Heidelberg. 5th ed., 4 volumes, in-8°.Google Scholar

Zachariae is one of the first who, with Delvincourt and Pigeau, wrote a treatise on the New French civil law which was then being used in several German states and taught in the universities. The first edition of his Manuel appeared in 1808, 2 volumes in-8°, at Heidelberg; the 2nd came soon after (1811-12). A third appeared in 1827 at Heidelberg, Mohr, 3 volumes in-8°. At this time M. Verny, lawyer of Colmar, undertook the translation with the approval of Zachariae who corrected the proofs. It was never published. See Sup. Aubry and Rau;—Massé and Vergé.Google Scholar

Zachariae's work is not an in-depth treatise on French civil law, it is simply a study consisting of an explanation which summarized the principles of this law, in an order essentially different from that of the Civil Code. “Zachariae divides this law into two large parts: theoretical law and practical law. Theoretical law is, according to him, that which determines the rights of men in relation to one another, that which includes on one hand their civil and political states and on the other, the rights of the individual in relation to the objects to which these rights apply (people and things), from whence comes another subdivision of personal and real rights.—As far as practical law is concerned, Zachariae includes in it, as the subject of his study, the theory of actions, that of proof, and that of extinctive prescription, omitting from his work actual procedure. —Such a plan, with such an order of ideas, whatever be its scientific merit, or logical strictness, was not of a nature to easily make its way into the minds of French readers.” (Devilleneuve.)Google Scholar

On Zachariae, see Vie et Travaux de Zachariae (Life and Work of Zachariae) (Kar Salomon, by Joseph Orsier, Paris, 1869). Dramard, infra, p. 17.Google Scholar

14 Paris, Larose, 1899; reprinted by Verlag Sauer and Auvermann, Frankfurt, 1968. This is also true of Viollet's Histoire du Droit Civil Français Accompagnee de Notions de Droit Canonique et d'Indications Bibliographiques, 3d ed., Paris, 1905. (Reprinted by Scientia Verlag Aalen, 1966.) Viollet's work will be consulted more by those interested in French legal history than by librarians. It was honored by the Grand Prix Gobert of the Academie de Inscriptions et Belles-Lettres.Google Scholar

15 Stumberg, George W., Guide to the Law and Legal Literature of France. Washington, D.C. United States Government Printing Office, 1931, at p. 9.Google Scholar

16 Koenigswarter, L. J., Sources et Monuments du Droit Français Anterieurs au XV. Siecle ou Bibliotheque de l'Histoire du Droit Civil Français, depuis la Premiere Origine jusqu'a la Redaction Officielle Redaction Officielle des Coutumes. Paris, Durand, 1853. It should be noted that this work was reprinted by Verlag Sauer and Auvermann, Frankfurt, 1968.Google Scholar

17 Koenigswarter, L. J., Lettre de M. Dupin, p. X.Google Scholar

18 Koenigswarter, L. J., Introduction, p. 8.Google Scholar

19 Camus, Armand-Gaston, Lettres Sur la Profession d'Avocat et les Etudes Necessaires pour se Rendre Capable de l'Exercer. 5th ed., revised and entitled Profession d’ Avocat. Paris, Gobelet-Warée, 1832. Reprint George Olms, 1976. Volume one: Recueil de Pièces Concernant l'Exercise de Cette Profession. Volume two: Bibliotheque Choisie des Livres de Droit qu'il est le plus Utile d'Acquérir et de Connaitre. Previous editions were published in 1777, 1805, 1818, and 1830-32. The last two editions (the 4th and 5th) contain corrections and additional materials by A. M. Dupin. The last edition to appear was the Brussels (5th ed.) in 1833. See also Villalon-Galdames, Bibliografia Jurídica de América Latina (1810-1965), pp. 6263 (notes).Google Scholar

20 This is the plan of the 5th edition, Paris, 1832, and the 5th edition, Brussels, 1833.Google Scholar

21 For example:Google Scholar

Les Lois Civiles dans Leur Ordre Naturel (Civil Law in its Natural Order), by Jean Domat. Paris, 1689-1697, 5 volumes, in -4°—ex libris Digestorum et Codiciis … Paris, 1700, in-4°. (1st edition).—Luxembourg, 1702, in–fol.—The same with supplement by Hericourt. Paris, 1724.—With notes by Bouchevret, Berroyer and Chevalier. Paris, 1744, in–fol.—The same with a supplement by Jouy. Paris, 1756, in–fol.—The same with a supplement reworked into the book, 1767, 1777, in–fol.Google Scholar

This last edition is the most complete, the best and the most sought after. There appeared at the same time, 1777, or in other years, two counterfeits of the Lois Civiles; they are easily distinguished in that the print is much smaller than that of the true edition of Paris, and in that one of them is in the format in-4° in 2 volumes, a format in which only the first edition was printed in Paris in 5 volumes, or in 6 when the Legum delectus is included.Google Scholar

Domat was born in Clermont on November 30, 1625; he was lawyer to the king. His great merit caused him to be called to Paris where he was granted a pension by the king. He died in this city on March 14, 1695.Google Scholar

The chancellor d'Aguesseau was honored by Domat's friendship. In his own Instructions on the Development of a Magistrate (volume 1 of his works, page 389), he highly praises the Lois Civiles. “One can,” he says, “call Domat the jurisconsult of magistrates; and whosoever has a good knowledge of his work, will perhaps not be the most profound of jurisconsults, but he will be the most reliable and the most staunch of all judges.” (Bibliotheque Choisie …., Dupin Aine, Brussels, 5th ed., 1833. no. 1458, p. 133–34).Google Scholar

22 Grandin, A., Bibliographie Generale des Sciences Juridiques, Politiques, Economiques et Sociales, Paris, Recueil Sirey, 1926. 3 volumes. Annual Supplements to 1951. Reprint Vaduz, 1978. The first three volumes cover the years 1800-1926. In the introduction the author states that the year 1800 was chosen as a starting point “since it corresponds almost exactly to the preparation of our Codes.” The bibliographies of Grandin and Camus-Dupin were described by Saleilles as “les deux colonnes mattresses de la bibliographie juridique de notre pays.” (Calot et Thomas, Guide Pratique de Bibliographie, Paris, Librairie Delagrave, 1936, at p. 150.)Google Scholar

See Wallach, , p. 59, and Stumberg, , p. 7. Today French law book dealers will ask for a reference to Grandin or Camus for identification of a requested item. Catalogues of European book dealers, for example Martinus Nijhoff, regularly annotate items in their catalogues with references to Camus by item number and Grandin by page number.Google Scholar

23 David, René, Bibliographie du Droit Français 1945-1960. Paris, Mouton, 1964.Google Scholar

24 Malcles, Louise-Noëlle, Cours de Bibliographie. Geneva, Droz, 1954, (Introduction, p. VII).Google Scholar