Catalogue Number 12 - Susanne Schulz-Falster

Contracts in Commercial Law
35 GHIO, Giuseppe. Della Clausula all’Ordine o sia all’Ordine
S.P. Adoprata nelle Cambiali e del suo vero SigniWcato. Pisa,
Carotti, 1772. £480
4to, pp. 75; title vignette, elaborate illustrated initials; uncut in the original
buV stiV wrappers; wrapper with some dust-soiling, else a Wne copy,
with ownership inscription of Tommaso del Santo to inside front
wrapper.
First edition of an interesting treatise on commercial law. Ghio, a lawyer by
profession, discusses diVerent types of contract in bills of exchange and
letters of credit. He discusses the minutiae of Wnancial transactions and
banking procedure, and especially concentrates on the diVerence between
money transfers being agreed under speciWc terms, either payment
‘all’ordine’ or payment ‘all’ordine S.P ’ (senza procura). He apparently also
treats triangular contracts where the debtor does not pay the lender directly,
but clears his debts by transferring the debt. He also discusses guaranteed
loans, and their legal provisions.
A second edition was published in 1787.
Goldsmiths’–Kress 10921.4.
Enlightenment Reforms in Tuscany
36 GIANNI, Francesco Maria. Governo della Toscana sotto il
Regno di sua Maestà il Re Leopoldo II. Firenze, Gaetano Cambiagi
Stampatore Reale, 1790. £1500
Tall 4to, pp. [iv] including Wrst blank, 76, 60 unnumbered leaves and 4
folding sheets, tables A–DD, dimostrazione I–V; bound in contemporary
vellum-backed pattern paper boards; a very crisp Wne copy,
printed on strong paper.
First edition of Gianni’s account of the economic reforms carried out during
Leopold II’s rule as grand duke of Tuscany, before he became emperor
of the Austro-Hungarian Empire in 1790. Leopold II was one of the most
capable and remarkable of the reforming princes of the eighteenth century.
Advised by the liberal economist Bandini, he introduced a system of free
trade in grain and foodstuVs, promoted agriculture, and reclaimed
marshlands for intensive cultivation. Taxation was reformed on the basis of
equality for all citizens, which abolished the privileges of the nobility. Local
government and the administration of justice were also revised, and torture
and capital punishment abolished.
Written by the economist and administrator Gianni (1728–1821) in
close collaboration with Leopold II, this account was clearly modelled on
Necker’s famous Compte Rendu. Gianni gives a detailed, and Wrst-hand report
of these economic reforms, which in the Wrst part are described in great
detail, with clear reference to the legislation passed and new rules introduced.
In the second section the achievements are presented in detailed ac-
susanne schulz-falster rare books catalogue twelve
count form, presenting the ‘end-of-year’ accounts of Leopold’s last year in
oYce in Tuscany, compared to 1765, the beginning of his reign. In a clear
cost versus result analysis, all aspects of public Wnance are covered, ranging
from the Tuscan tax income, public accounts and the national debt, to local
accounts of cities such as Siena, and state expenditure on speciWc areas, such
as prisons, Wne arts, and public administration. Even the accounts of the
grand duke himself are laid open.
A fascinating document of enlightened administration, which shows an
astonishing degree of openness and accountability of an absolute ruler. The
work was widely distributed through two reprints in 1791 and even translated
into German in 1795.
Cossa 143, 87; Einaudi 2668; Kress Italian 595.
37 GLOBIG, Hans Ernst von & Johann Georg HUSTER.
Abhandlung von der Criminalgesetzgebung. Eine von der
ökonomischen Gesellschaft in Bern gekrönte Preisschrift. Zürich, J.
C. Fuessly, 1783. £650
8vo, pp. [viii], 440, 1 errata; some light browning and spotting, due to
paper quality; contemporary buV boards, gilt-lettered spine label, shelf
label to spine, head and tail of spine a little bumped, else a Wne copy,
with manuscript note to front free endpaper giving purchase
information of 1786, price and binding cost.
First edition of Globig and Huster’s prize winning work on the criminal
justice system, submitted in response to a prize question of the economic
society in Berne, posed in the wake of Beccaria’s De delitti e delle Pene,
Montesquieu, and other expressions of enlightenment reform spirit. The
substantial work is clearly organised. After a brief introduction into criminal
law in general, Globig discusses crime and its appropriate punishment.
Here he gives extensive examples, and maintains that Beccaria ignored the
individuality of crime and its exponents. He discusses individually all manner
of oVences ranging from regicide to insulting oYcials, from Wrst degree
murder to manslaughter, from oVences against property to oVences against
people. Amongst these he individually treats both suicide and abortion.
The second section deals with criminal investigation, evidence, and conclusive
proof. Here Globig deals with witnesses, incriminating evidence, ‘corpus
delicti’. In part three he analyses how criminal procedure should
combine quick but decisive investigation, torture-free interrogation, and a
well organised trial, to result in an exemplary punishment, which guarantees
the safety and security of the public. He describes criminal procedure in
great detail, and in particular insists on both verdicts and punishments being
made and carried out in public, for optimum deterrent eVect.
Globig’s detailed observations, which he had prepared together with his
colleague J. G. Huster, are particularly pertinent, as he was later asked by
Frederic the Great to be involved in the reform of the Prussian penal code.
After a number of political positions the lawyer Globig (1755–1826) be-