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Livingston, Edward:
A SYSTEM OF PENAL LAW FOR THE UNITED STATES OF AMERICA: CONSISTING OF A CODE OF CRIMES AND PUNISHMENTS; A CODE OF PROCEDURE IN CRIMINAL CASES; A CODE OF PRISON DISCIPLINE; AND A BOOK OF DEFINITIONS. PREPARED AND PRESENTED TO THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES. BY...ONE OF THE REPRESENTATIVES FROM THE STATE OF LOUISIANA.
Gales & Seaton, Washington:, 1828
x, [1], [1 blank], 142, [2 blanks], 187, [1 blank], 51, [1 blank], 45, [3 blanks], 21 pp. Folio (12" x 7-3/4"). Fore-edge and extreme outer margin of about fifty leaves significantly darkened. Else Very Good with light toning, two inconspicuous rubberstamps. Bound in attractive modern black cloth, with spine title stamped in gilt. Livingston was the leading proponent of legislative Codes, as distinct from judge-made common law, and one of the great legal reformers of the 19th century. He had a remarkable career-- in New York, Washington, and New Orleans-- as a lawyer, politician, and diplomat. Though this Code, like his earlier Code for Louisiana, was not adopted, his influence was far-reaching. His work emphasized rehabilitation and prevention rather than revenge and punishment, and is considered by many to be one of the finest American works on jurisprudence. "Writing in 1902, Eugene Smith states what may be taken to be the modern view of Livingston's work. 'Seventy-five years have since elapsed,' he wrote, 'and yet it is probably safe now to say that these Codes embody the most comprehensive and enlightened system of criminal law that has ever been presented to the world. They constitute a thesaurus from which the world has ever since been drawing ideas and principles. The Code of Reform and Prison Discipline is especially striking from its breadth of its view, and in some particulars its wisdom is yet in advance of even the present age.'" Hicks, Men and Books Famous in the Law 180. Cohen 1031. I Harv. Law Cat. 1188.

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Livingston, Edward:
EXTRACTS FROM TWO REPORTS, MADE TO THE GENERAL ASSEMBLY OF LOUISIANA, BY EDWARD LIVINGSTON, LATE SECRETARY OF STATE OF THE UNITED STATES. CONTAINING HIS ARGUMENTS FOR THE ABOLISHMENT OF CAPITAL PUNISHMENTS.
Knowles, Vose & Company, Providence:, 1838
24pp. Disbound without wraps, several fox spots, else Very Good. Renowned for his groundbreaking work in establishing penal codes, Livingston explains here why capital punishment should be banished from the criminal justice system. "The exalted standing and character of the author", according to the introductory Note, require "the attention of the members of the General Assembly of this State, and to the citizens generally." Livingston rebuts the argument of deterrence: "The fear of death will rarely deter from the commission of great crimes." And even those who commit horrible crimes may be capable of rehabilitation-- indeed, some such crimes "are, sometimes, produced by a single error." Moreover, Livingston reminds his readers, if more persuasion is needed, of the Holy command, "Thou Shall not Kill." Cohen 3820. AI 51308 [4].

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Livingston, Edward:
INTRODUCTORY REPORT TO THE CODE OF PRISON DISCIPLINE: EXPLANATORY OF THE PRINCIPLES ON WHICH THE CODE IS FOUNDED. BEING PART OF THE SYSTEM OF PENAL LAW, PREPARED FOR THE STATE OF LOUISIANA.
John Miller, London:, 1827
78pp. Disbound and lightly worn; some marginalia and underlining, slight printer's flaw which does not eliminate any letters. Errata on verso of title page. Good+. This London edition was printed in the same year as the Philadelphia first American edition. Livingston, the pioneer of Codification in America, prepared this introduction "after having, about two years ago, lost by an accidental fire, his first manuscript and all his notes." "Should this introduction receive the public patronage" the Code of Prison Discipline will be published. Livingston's great purpose is to determine the optimal "manner in which confinement is to be inflicted as a punishment, or used as a means of detention... In preparing the plan now submitted, I kept in view, as the great objects to be attained-- restraint, example, and reformation." Marvin writes of Livingston: "No single writer, except Jeremy Bentham, has written so much upon Codification, or as learnedly, as Livingston. His Codes are much admired for their philosophy, apparent practicability, and the characteristic wisdom of their provisions." Marke 455. Sabin 41617n. I Harv. Law Cat. 1187.

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Livingston, Edward:
LETTER...TO ROBERTS VAUX, ON THE ADVANTAGES OF THE PENNSYLVANIA SYSTEM OF PRISON DISCIPLINE, FOR THE APPLICATION OF WHICH THE NEW PENITENTIARY HAS BEEN CONSTRUCTED NEAR PHILADELPHIA.
15pp, foxed moderately, bound in modern grey-blue wrappers. About Good+. The foremost proponent of Codification, Livingston writes to one of America's major philanthropists and social reformers, Vaux, from Red Hook, N.Y., advocating "that seclusion and laborious habits may be made the means at once of punishment, reformation and example." "The corrupting influence of promiscuous association" requires "a separate dormitory for each convict." Hence Livingston proposes a system "based upon labour in seclusion...succeeded gradually by instruction, and labour in classified society." FIRST EDITION. Sabin 41617n. AI 33888 [many]. BEAL 4499. Not in Marvin, Marke, Harv. Law Cat., Eberstadt, Decker.

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Livingston, [Edward]:
MR. LIVINGSTON'S MOTION.
13TH FEBRUARY, 1800. ORDERED TO LIE ON THE TABLE. [PUBLISHED BY ORDER OF THE HOUSE OF REPRESENTATIVES]. [Philadelphia: 1800]. 4pp, disbound, printed on rectos only. Very Good to Near Fine. Livingston introduces his proposed constitutional amendment, that "No Judge of any Court of the United States shall, during his continuance in office, or within six months after he may have resigned the same, be appointed to any other than a judiciary office under the United States." Representative Livingston of New York would later become a Louisiana Congressman and Senator, and one of the most influential leaders of the legal codification movement. FIRST EDITION. Evans 38790. NAIP w026298 [9].

Price: $75.00
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Livingston, [Edward]:
MR. LIVINGSTON'S MOTION. 20TH FEBRUARY, 1800. COMMITTED TO THE COMMITTEE OF THE WHOLE HOUSE, TO WHOM WAS COMMITTED ON THE 7TH INSTANT, THE MESSAGE OF THE PRESIDENT, TRANSMITTING THE PAPERS, RELATIVE TO THE REQUISITION FOR, AND DELIVERY OF JONATHAN ROBBINS. PUBLISHED BY ORDER OF THE HOUSE OF REPRESENTATIVES.
4pp, dbd and moderately foxed. Good+. Representative Livingston of New York would later become a Louisiana Congressman and Senator, and one of the most influential leaders of the legal codification movement. Robbins claimed American citizenship by virtue of his birth in Danbury, Connecticut; he had allegedly participated in a mutiny aboard the British frigate Hermione, and was then jailed in South Carolina. The British requested his extradition. A Jeffersonian [until his dispute with Jefferson over the Louisiana batture], Livingston here emphasizes the Constitution's grant of power to the Courts to decide the case, and warns President Adams not to interfere. "The several questions whether the alledged crime of piracy, and murder, was committed within the exclusive jurisdiction of Great Britain...are all matters exclusively of judicial inquiry." FIRST EDITION. Evans 38791. Not in Jenkins.

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[Livingston, Edward]:
AUTOGRAPH LETTER SIGNED, FROM NEW YORK, NOVEMBER 12, 1825, TO UNKNOWN CORRESPONDENT: MY DEAR SIR
7.75" x 9.5", completed in manuscript. Lightly tanned, a few very short closed tears at blank left edge [repaired with archival tape]. Very Good. Livingston [1764-1836] signs his name 'E.L.'; the writing matches his. He began his career as a lawyer in New York City in 1785, became a Representative from New York in Congress, United States District Attorney for the State of New York, and mayor of New York City. He moved to Louisiana in 1804 and opened a successful law practice in New Orleans. Over the next twenty years, he engaged in highly politicized litigation with the City of New Orleans and the United States concerning ownership of the New Orleans Batture.

Price: $75.00
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