Designed for the general reader, this is a concise history and analysis of the civil law tradition, which is dominant in most of Western Europe, all of Latin America, and many parts of Asia, Africa, and the Middle East. The second edition describes changes in civil law procedures since the book was first published in 1969, and includes a new chapter on the future of the civil law tradition.

The Civil Law Tradition

John Henry Merryman

Administrative Law

Stanford University Press

This book, intended for use in introductory courses in comparative law or civil law systems, is the successor edition to John Henry Merryman and David S. Clark, Comparative Law: Western European and Latin American Legal Systems (1978). It is a successor edition rather than a second edition because it reflects the truly fundamental changes that have occurred in the relationships among the world's major legal systems. 
The aim of this book is to introduce the student to the family of legal systems common to Europe, Latin America, and East Asia. The materials include readings that explain what binds together countries that participate in the world's oldest, most widely distributed, and most influential legal tradition. At the same time, the authors use materials from or about specific countries to illustrate the many fascinating variations that exist within the civil law tradition. The principal countries utilized for this purpose are France, Germany, Italy, and Spain within Europe; Argentina, Brazil, Columbia, and Mexico within Latin America; and Indonesia, Japan, South Korea, Taiwan, and Thailand in East Asia. 
A distinguishing feature of this book is its relative deemphasis of rules and related doctrine and greater attention to the intellectual history, structure, professional actors, and processes that are characteristic of civil law systems.

The Contemporary Civil Law Tradition: Europe, Latin America, and East Asia: Cases and Materials (Contemporary Legal Education Series)

John O. Haley

David S. Clark

Foreign & International Law

The Michie Company

Law, Ethics, And the Visual Arts

Since its first edition in 1979, Law, Ethics and the Visual Arts established itself as the leading art law text among law professors, students, and practitioners. This new and newly illustrated, fifth edition, revised in collaboration with Stephen K. Urice, incorporates recent changes in treaty, statutory, and case law. It includes discussion of recent developments from the resurgence of iconoclasm to military conflicts' depredations on cultural property. As in earlier editions, the authors present legal issues in their historical contexts. 
 The broad range of topics addressed in the 5th edition, makes the text especially adaptable for use in multiple classroom settings. These topics include: <ul>
<li> U.S. museums' return of works of art and antiquities to claimants such as Holocaust survivors and foreign nations </li> <li> Artist's rights such as copyright and moral rights </li> <li> International movement of art and antiquities </li> <li> Fakes and forgeries in the art market </li> <li> The inner workings of art auctions </li> <li> Plundering and destruction of works of art in times of war and military conflict </li> <li> Censorship of obscene or politically challenging works of art </li> <li> And many more </li> </ul>
 In this edition, documents previously presented in a separate documentary appendix have been integrated into the text to provide immediate access to important treaties and other materials. Whether you need to understand something as provocative as who owns the past, or something as mundane as whether a museum can sell a work of art to fix the roof, Law, Ethics and the Visual Arts provides the information you need. It combines unassailable scholarship with a deeply humanistic approach, recognizing that law and art each "impose a measure of order on the disorder of experience without stifling the underlying diversity, spontaneity, and disarray" (Paul Freund).

Ethics & Professional Responsibility

Kluwer Law Intl

The new edition of this insightful work begins with a critical reexamination of the rival Greek and British claims to the Elgin Marbles. That case study identifies the questions that continue to dominate the growing international debate about cultural property policy and which are subsequently explored in a newly-expanded array of essays: <ul>
<li> Why are people concerned about cultural property? </li> <li> Is cultural nationalism a sound organizing principle for dealing with cultural property questions? </li> <li> Or is it a relic of 19th century romanticism, kept alive by the power of Byron's poetry? </li> <li> How can one rationalize cultural nationalism with the idea that works of art and antiquities are ‘the cultural heritage of all mankind?’ </li> <li> What are alternative ways of thinking about cultural property policy and law? </li> </ul> The work goes on to pay particular attention to the law and policy relating to cultural property export controls and the evolution and development of the 1995 UNIDROIT Convention on the Return of Stolen and Illegally Exported Cultural Property. The second part of this highly-regarded book addresses a number of contemporary art law issues in essays on counterfeit art, the moral rights of artists, the artist's resale right (droit de suite), the litigation over the Mark Rothko estate, and problems of museum trustee negligence, conflict of interests, and misuse of inside information. The author, John Henry Merryman, is an Emeritus and Affiliated Professor in the Department of Art at Stanford Law School. He is a widely respected authority in the fields of international cultural property and art law.

Thinking About the Elgin Marbles: Critical Essays on Cultural Property, Art and Law Second edition

Wolters Kluwer/Law & Business

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Books by John Henry Merryman