Faculty Books & Edited Works

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  Regulation of Lawyers: Statutes and Regulations

  Stephen Gillers and Roy D. Simon

  Prior edition of Regulation of Lawyers: Statutes and Regulations.

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  The Anatomy of Corporate Law: A Comparative and Functional Approach

  Reinier Kraakman, Paul Davies, Henry Hansmann, Gerard Hertig, Klaus Hopt, Hideki Kanda, and Edward B. Rock

  This volume is a concise analytical overview of the field of corporate Law. The authors start from the premise that corporate (or company) law across jurisdictions addresses the same three basic agency problems: (1) the opportunism of managers vis-à-vis shareholders; (2) the opportunism of controlling shareholders vis-à-vis minority shareholders; and (3) the opportunism of shareholders as a class vis-à-vis other corporate constituencies, such as corporate creditors and employees.Every jurisdiction must address these problems in a variety of contexts framed by the corporation's internal dynamics and its interactions with the product, labor, capital, and takeover markets. The authors' central claim, however, is that corporate (or company) forms are fundamentally similar and that, to a surprising degree, jurisdictions pick from among the same handful of legal strategies—although not always the same strategy—to address the three basic agency issues. This volume explains in detail how (and why) the principal European jurisdictions, Japan, and the United States sometimes select identical legal strategies to address a given corporate law problem, and sometimes make divergent choices. After an introductory discussion of agency issues and legal strategies, the book addresses the basic governance structure of the corporation, including the powers of the board of directors and the shareholders meeting. It proceeds to creditor protection measures, related-party transactions, and fundamental corporate actions such as mergers and charter amendments. Finally, it examines friendly acquisitions, hostile takeovers, and the regulation of issuers traded on capital markets. This volume should be of great interest to scholars and students of corporate and comparative law and to persons interested in business, finance, and economics who wish to deepen their understanding of corporate law.

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  International Law in the Age of Human Rights: General Course on Public International Law

  Theodor Meron

  In his course, Theodor Meron, President of the International Tribunal for the Former Yugoslavia, sets out to study the influence of human rights on general international law. Although human rights are central to this course, this is not a course about human rights, but rather about the reforming effect that human rights have on other fields of public international law. By examining most of the general areas of public international law, the author attempts to demonstrate that the influence of human rights is not restricted to one single sector of international law, but that its influence has spread to many other parts, in varying degrees. The humanization of public international law under the impact of human rights has shifted its focus from being State-centred to individual-centred. The author proceeds to study the impact of human rights on public international law in seven chapters. He successively focuses on the humanization of the law of war, the criminalization of violations of international humanitarian law, the law of treaties, the humanization of state responsibility, subjects of international law, sources of international law, and international institutions.

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  In Pursuit of Right and Justice: Edward Weinfeld as Lawyer and Judge

  William E. Nelson

  In Pursuit of Right and Justice chronicles the life of the United States District Court's Judge Edward Weinfeld, from his humble Lower East Side origins to his distinction as one of the nation's most respected federal judges. Judge Edward Weinfeld's personal growth and socio-economic mobility provides an excellent illustration of how Catholics and Jews descended from turn-of-the-century immigrants were assimilated into the mainstream of New York and American life during the course of the twentieth century. Weinfeld left a rich collection of personal papers that William E. Nelson examines, which depict the compromises and sacrifices Weinfeld had to make to attain professional advancement. Weinfeld's jurisprudence remained closely tied to his own personal values and to the historical contexts in which cases came to his court. Nelson aptly describes how Weinfeld strove to avoid making new law. He tried to make decisions on preexisting rules or bedrock legal principles; he achieved just results by searching for and finding facts that called those rules into play. Weinfeld's vision of justice was simultaneously a liberal one that enabled him to develop law that reflected societal change, and an apolitical one that did not rest on contested policy judgments.

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  Tragic Manhood and Democracy: Verdi's Voice and the Powers of Musical Art

  David A.J. Richards

  What is tragedy? This work argues that it is, at once, art and science - an absorbing art and precisely observed empirical inquiry into human psychology, whose subject matter is the dilemma of manhood under democracy. The author expands discussion of the idea of the tragic to include music drama in general and the operas of Verdi in particular, and explores the indispensable contribution of tragedy to an understanding of personal and political psychology through discussion of: the political theory of structural injustice resting on the suppression of voice (underlying evils like racism, sexism, and homophobia); a developmental psychology of gender (drawing on the work of Carol Gilligan [the Harvard Project on Women's Psychology, Boy's Development and the Culture of Manhood]); and an interpretation of tragic art (including the expressive role of music in it). Exploration of the tragic impact of patriarchy on democratic voice is at the heart of the power and appeal of Verdi's innovations in musical voice. At its core is a complex psychic geography of patriarchal practices imposed on personal and political relationships (parents to children, siblings to one another, and adult men and women). Such practices - fundamental to the family, politics, and religion - enforce demands by forms of physical and psychological violence directed by men and women at anyone who deviates from its demands. Verdi's tragic musical drama speaks of an emotional loss that literally cannot under patriarchy be spoken, namely, what the author calls the tragedy of patriarchy - a divided psychology that lives in the tension between patriarchal practices and democratic principles, and between the psychological demands of patriarchy and democratic manhood.

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  Corporate Tax Shelters in a Global Economy: Why They Are a Problem and What We Can Do About It

  Daniel N. Shaviro

  Tax reform proposals often include alterations to the corporate tax code. There are two main motivations for this. First, consumption-based taxes require extensive revisions to existing law, such as replacing depreciation rules with expensing provisions. Second, the complexity of our existing tax code encourages aggressive tax management or ?evasion? activities and reform proposals often seek to make the code simpler and more transparent. Tax reform proposals generated by economists often assume that the legal aspects will miraculously work themselves out'that the reform, if enacted, will work exactly as planned. But can any tax system eliminate costly evasion activity? "In Corporate Tax Shelters in a Global Economy," Daniel N. Shaviro explores the causes and costs of tax avoidance and provides a useful guide to the key conceptual issues that must be addressed in order to design a truly effective tax reform

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  Who Should Pay for Medicare?

  Daniel N. Shaviro

  Good news first? The good news is that Americans today are living longer, in part because of continual advances in healthcare. But the bad news is that with our aging population larger than ever before, nothing is being done to ensure that we can continue to afford the increasing costs of care. How Medicare—with the Bush administration’s reforms and a slumping economy—will meet the needs of its recipients without adequate financing is among the most pressing issues facing this country today. Daniel N. Shaviro sees the future of our national healthcare system as hinging on the issue of funding. The author of books on the economic issues surrounding Social Security and budget deficits, Shaviro is a skilled guide for anyone seeking to understand the financial aspects of government programs. Who Should Pay for Medicare? offers an accessible overview of how Medicare operates as a fiscal system. Discussions of Medicare reform often focus on the expansion of program treatment choices but not on the question of who should pay for Medicare’s services. Shaviro’s book addresses this critical issue, examining the underanalyzed dynamics of the significant funding gap facing Medicare. He gives a balanced, nonpartisan evaluation of various reform alternatives—considering everything from the creation of new benefits in this fiscal crunch to tax cuts to the demographic pressures we face and the issues this will raise when future generations have to pay for the care of today’s seniors. Who Should Pay for Medicare? speaks to seniors who feel entitled to expanded coverage, younger people who wonder what to expect from the government when they retire, and Washington policy makers who need an indispensable guidebook to Medicare’s future.

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  International Aspects of U.S. Income Taxation

  John P. Steines Jr.

  Prior edition of International Aspects of U.S. Income Taxation.

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  Reason and Value: Themes from the Moral Philosophy of Joseph Raz

  R. Jay Wallace, Philip Pettit, Samuel Scheffler, and Michael Smith

  Reason and Value collects fifteen brand-new papers by leading contemporary philosophers on themes from the moral philosophy of Joseph Raz. The subtlety and power of Raz's reflections on ethical topics - including especially his explorations of the connections between practical reason and the theory of value—make his writings a fertile source for anyone working in this area. The volume honours Raz's accomplishments in the area of ethical theorizing, and will contribute to an enhanced appreciation of the significance of his work for the subject. Brand-new essays by an unbeatable line-up of contemporary moral philosophers; fresh perspectives on the work of a hugely influential writer; celebrates the extent and depth of Raz's contribution in this field.

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  Ripensare i diritti umani nel XXI secolo

  Philip G. Alston and Antonio Cassese

  [Translation from Italian] Does it still make sense to talk about the International Community? What challenges lie ahead for our governments in defending human rights? The so-called "era of globalization" has called into question the international perspective on human rights, while also exposing the inadequacy of traditional institutions at the national and supranational levels. Alston and Cassese, experts in international law, rigorously explore one of the most problematic aspects of the contemporary era: the drastic reduction in the sphere of state power and the resulting rise of powerful non-state actors—multinational corporations and financial institutions—still unconstrained by the norms of humanitarian law.

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  Thinking It Through: An Introduction to Contemporary Philosophy

  Kwame Anthony Appiah

  Thinking it Through is a thorough, vividly written introduction to contemporary philosophy and some of the most crucial questions of human existence, including the nature of mind and knowledge, the status of moral claims, the existence of God, the role of science, and the mysteries of language. Noted philosopher Kwame Anthony Appiah shows us what it means to "do" philosophy in our time and why it should matter to anyone who wishes to live a more thoughtful life. Opposing the common misconceptions that being a philosopher means espousing a set of philosophical beliefs--or being a follower of a particular thinker--Appiah argues that "the result of philosophical exploration is not the end of inquiry in a settled opinion, but a mind resting more comfortably among many possibilities, or else the reframing of the question, and a new inquiry." Ideal for introductory philosophy courses, Thinking It Through is organized around eight central topics--mind, knowledge, language, science, morality, politics, law, and metaphysics. It traces how philosophers in the past have considered each subject (how Hobbes, Wittgenstein, and Frege, for example, approached the problem of language) and then explores some of the major questions that still engage philosophers today. More importantly, Appiah not only explains what philosophers have thought but how they think, giving students examples that they can use in their own attempts to navigate the complex issues confronting any reflective person in the twenty-first century. Filled with concrete examples of how philosophers work, Thinking it Through guides students through the process of philosophical reflection and enlarges their understanding of the central questions of human life.

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  Africana: The Encyclopedia of the African and African American Experience: The Concise Desk Reference

  Kwame Anthony Appiah and Henry Louis Gates Jr.

  Drawn from the acclaimed landmark in reference publishing, this incomparable one-volume encyclopedia of the black world is now within reach of every family, student, and educator. It brings the entire Pan-African experience into sharp focus, with entries ranging from “affirmative action” to “zydeco,” from each of the most prominent ethnic groups in Africa to each member of the Congressional Black Caucus. Africana will provide hours of reading pleasure through its longer, interpretive essays on the religion, arts, and cultural life of Africans and of black people everywhere.

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  EU Law: Text, Cases, and Materials

  Paul Craig and Gráinne de Búrca

  This eagerly awaited new edition of the popular EU Law: Text, Cases and Materials. Written by two experts in the field, the book offers the reader and authoritative and comprehensive guide to all aspects of EU law. Though the unique mix of text and cases and materials, the fully revised and updated third edition addresses all recent key developments in legislation, with particular focus on the Treaty of Nice. The structure and format of the chapters have been substantially improved by introducing tools to help navigate throughout the text. In particular, there are new sections on 'central issues,' which introduce each chapter, summaries that explain complex concepts and legislation and conclusions that draw all themes and analysis together.

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  Skepticism and Freedom: A Modern Case for Classical Liberalism

  Richard A. Epstein

  With this book, Richard A. Epstein provides a spirited and systematic defense of classical liberalism against the critiques mounted against it over the past thirty years. One of the most distinguished and provocative legal scholars writing today, Epstein here explains his controversial ideas in what will quickly come to be considered one of his cornerstone works. He begins by laying out his own vision of the key principles of classical liberalism: respect for the autonomy of the individual, a strong system of private property rights, the voluntary exchange of labor and possessions, and prohibitions against force or fraud. Nonetheless, he not only recognizes but insists that state coercion is crucial to safeguarding these principles of private ordering and supplying the social infrastructure on which they depend. Within this framework, Epstein then shows why limited government is much to be preferred over the modern interventionist welfare state. Many of the modern attacks on the classical liberal system seek to undermine the moral, conceptual, cognitive, and psychological foundations on which it rests. Epstein rises to this challenge by carefully rebutting each of these objections in turn. For instance, Epstein demonstrates how our inability to judge the preferences of others means we should respect their liberty of choice regarding their own lives. And he points out the flaws in behavioral economic arguments which, overlooking strong evolutionary pressures, claim that individual preferences are unstable and that people are unable to adopt rational means to achieve their own ends. Freedom, Epstein ultimately shows, depends upon a skepticism that rightly shuns making judgments about what is best for individuals, but that also avoids the relativistic trap that all judgments about our political institutions have equal worth. A brilliant defense of classical liberalism, Skepticism and Freedom will rightly be seen as an intellectual landmark.

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  Working Together: How Workplace Bonds Strengthen a Diverse Democracy

  Cynthia Estlund

  The typical workplace is a hotbed of human relationships--of friendships, conflicts, feuds, alliances, partnerships, coexistence and cooperation. Here, problems are solved, progress is made, and rifts are mended because they need to be - because the work has to get done. And it has to get done among increasingly diverse groups of co-workers. At a time when communal ties in American society are increasingly frayed and segregation persists, the workplace is more than ever the site where Americans from different ethnic, religious, and racial backgrounds meet and forge serviceable and sometimes lasting bonds. What do these highly structured workplace relationships mean for a society still divided by gender and race? Structure and rules are, in fact, central to the answer. Workplace interactions are constrained by economic power and necessity, and often by legal regulation. They exist far from the civic ideal of free and equal citizens voluntarily associating for shared ends. Yet it is the very involuntariness of these interactions that helps to make the often-troubled project of racial integration comparatively successful at work. People can be forced to get along-not without friction, but often with surprising success. This highly original exploration of the paradoxical nature--and the paramount importance--of workplace bonds concludes with concrete suggestions for how law can further realize the democratic possibilities of working together. In linking workplace integration and connectedness beyond work, Estlund suggests a novel and promising strategy for addressing the most profound challenges facing American society.

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  The 1980 Uniform Sales Law: Old Issues Revisited in the Light of Recent Experiences: Verona Conference 2003

  Franco Ferrari

  The trend towards the unification of international commercial law is one of the most charateristic features of the law of the second half of the twentieth century. The sheer numbers of the international uniform commercial law instruments elaborated to this end bear witness to this development. Against this backdrop, the Faculty of Law of Verona University hosted a Conference from 17 to 19 April 2003 to discuss what is considered the most important and successful uniform commercial law instrument, namely the 1980 UN Convention on Contracts for the International Sale of Goods (CISG). On that occasion, some of the most famous CISG experts and scholars such as Filip De Ly, Franco Ferrari, Harry Flechtner, Rolf Herber, Alain Levasseur, Joseph Lookofsky, Ulrich Magnus, Anna Veneziano, Claude Witz, meet to examine issues dear both to practitioners and scholars. In doing so, the speakers all took into account recent experiences, such as the emergence of case law and the revision of domestic legislation in the area of sales law. This book contains the proceedings of the Verona Conference, aimed at highlighting the CISGís impact not only on courts, but also on legislators, international and domestic alike.

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  Regulation of Lawyers: Statutes and Regulations

  Stephen Gillers and Roy D. Simon

  Prior edition of Regulation of Lawyers: Statutes and Regulations.

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  The Creation and Interpretation of Commercial Law

  Clayton P. Gillette

  This volume contains essays by prominent commentators on topics in commercial law. It addresses the increasing harmonization of international commercial law and the essays demonstrate different methodologies used in analysing commercial law, such as economic and jurisprudential approaches.

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  Labor Law: Cases, Materials, and Problems

  Michael C. Harper, Samuel Estreicher, and Joan Flynn

  The new edition of this basic labor law textbook updates material related to recent U.S. Supreme Court rulings related to the ousting of incumbent unions and the supervisory status of nurses and other professional workers. It also takes into account shifts in National Labor Relations Board (NLRB) doctrine conditioned by Democratic control in the 1990s. The chapters dealing with union certification and recognition processes, NLRB jurisdiction, and judicial review of NLRB decisions have been substantially revised and reorganized.

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  Federal Income Taxation

  William A. Klein, Joseph Bankman, and Daniel N. Shaviro

  The latest edition of this classic casebook continues to integrate theory with policy, making the study of Federal Income Taxation challenging but accessible. Both students and instructors will appreciate how the authors cover a wealth of new material--and all the fundamentals of individual taxation--in a manageable length. Federal Income Taxation, Thirteenth Edition, retains the strengths that have made it such a highly regarded casebook: problems interspersed with notes and questions, to reinforce the text and hold student interest; built on the foundation established by original author Boris Bittker, with the current author team among the best scholars of the present day; unique introduction provides insightful historical background and some brief economic analysis; integration of theory and policy throughout the text makes the book intellectually stimulating while demonstrating real-world applications. Scrupulously updated for its Thirteenth Edition, the book now includes: the 2001 Tax Act, and other major legislation that will have long-term effects on the code; new developments in corporate tax shelters; the reversal of the Compaq case, a setback to IRS efforts to crack down on corporate tax shelters; major new cases - Chamales v. Commissioner, Henderson v. Commissioner, and Wayne Baseball, Inc. v. Commissioner on personal deductions, exemptions, and credits; Popov v. Commissioner on allowances for mixed business and personal outlays; PNC Bancorp v. Commissioner, Exacto Spring Corp. v. Commissioner, Kenseth v. Commissioner on deductions for the costs of earning income - fully revised Teacher's Manual with sample syllabi and atransition guideFor a subject as important as Federal Income Taxation, be sure to consider the casebook that has demystified taxation for generations of students. Examine Federal Income Taxation, Thirteenth Edition, before you select materials for your next course.

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  Reconstructing Climate Policy: Beyond Kyoto

  Richard B. Stewart and Jonathan B. Wiener

  In their comprehensive analysis of the Kyoto Protocol and climate policy, Richard B. Stewart and Jonathan B. Wiener examine the current impasse in climate policy and the potential steps nations can make to reduce greenhouse gases. They summarize the current state of information regarding the extent of global warming that would be caused by increasing uncontrolled greenhouse emissions, the impacts of warming, and the costs of limiting greenhouse emissions. They explain why participation by all major greenhouse-emitting countries is essential to curb future greenhouse gas emissions and also note the significant obstacles to obtaining such participation. Stewart and Wiener argue that it is in the national interest of the United States to participate in such a regime, provided that it is well designed. They discuss the elements of sound climate regulatory design, including the maximum use of economic incentives, a comprehensive approach, and other flexibility mechanisms: participation by all major emitting countries including developing countries, regulatory targets based on longer-term emissions pathways set to maximize net social benefits; and effective arrangements to ensure compliance with regulatory obligations by nations and sources. After evaluating the successes and failures of the Kyoto Protocol in light of those elements, the authors propose a series of U.S. initiatives at the international and domestic levels, with the aim of engaging the United States and major developing country emitters such as China in the global greenhouse gas regulatory effort and correcting the remaining defects in the design of the Kyoto Protocol. Although several alternatives to the current Kyoto Protocol regime have been proposed, Stewart and Wiener argue that the best approach for surmounting the current global climate policy impasse is a new strategy that would lead, sooner of later, to simultaneous accession by the United States and China (and other major developing country emitters) to a modified and improved version of the Kyoto Protocol agreement.

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  Trade and Transitions: A Comparative Analysis of Adjustment Policies

  Michael J. Trebilcock, Marsha A. Chandler, and Robert L. Howse

  Faced with increased levels of international competition and mounting budget deficits some developed, Western economies have responded by introducing trade restrictions. This book uses a comparative analysis of eight leading industrial nations (including Japan, the United States, West Germany and Britain) to demonstrate that such policies are mistaken. Alternatives to trade restrictions, including subsidies for industries and labour-market policy instruments are also shown to have their drawbacks, and the book emphasises the need for countries to find and exploit policies which fulfil their own political and social needs but which are least injurious to their trading partners.

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  Integration in an Expanding European Union: Reassessing the Fundamentals

  Joseph H. H. Weiler, Iain Begg, and John Peterson

  The European Union is on the brink of fundamental change. Just as the EU is about to enlarge radically, the Convention on the Future of Europe may transform it into a political entity governed by a constitution. This timely volume brings together a world-class group of scholars and practitioners to examine the fundamentals of integration in an expanding EU. A timely examination of fundamental questions about the future of Europe. Written by a top-class group of contributors. Combines contributions from theorists and practitioners. Spans all the principal disciplines with an interest in the EU.

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  European Constitutionalism Beyond the State

  Joseph H. H. Weiler and Marlene Wind

  The notion of a European constitution has previously received unfavourable reactions within the European Union with controversy surrounding its political and legal implications. Criticism has largely revolved around the threat of an emerging European federal state. More recently, however, constitution-building has become a major point of debate among members of the European Community as the drafting of a European constitution becomes more imminent. European Constitutionalism Beyond the State brings together some of the most innovative scholars in the field to highlight different facets of the new constitutional discussion. Provoking deep analysis of the different ideas of constitution and constitutionalism, the book delineates alternative ways of thinking about the future of Europe. In particular, it aims to challenge the idea of the European Union as an evolving federal polity. This book will appeal to anyone interested in the timely subject of constitutionalism including students and practitioners of law, politics and philosophy.

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  Bu Me Bε: Akan Proverbs

  Peggy Appiah, Kwame Anthony Appiah, and Ivor Agyeman-Duah

  The genius, wit and spirit of a Nation are discovered by their proverbs. So wrote Francis Bacon in 1594. But, whereas Westerners no longer seem to consider proverbs as words of wisdom, but rather as commonplaces, to be used in everyday conversation, in many countries of Africa, and, in particular, amongst the Akan, a truly educated and cultured person is one who can make use of proverbs and whose speech is full of the imagery and the innuendo that they make possible. Proverbs contain the philosophy, humor, symbolism and religion of the peoples who use them. They are imbued with a deep knowledge of the surrounding world, physical and spiritual, and of social realities. No one can appreciate the philosophy and beliefs of the Akan without studying their proverbs. Even today the use of an appropriate proverb in public oratory is deeply appreciated and is often the final word in an argument. One short proverb can provide the equivalent of pages of philosophical discussion. The Proverb Though we carry gunpowder, we smoke tobacco (No. 5699) is a good example of this. Even in a dangerous situation, you must enjoy the good things of life, or, as a friend once explained to me: Even if things are very, very bade, we must enjoy fufuo Thus, if people need money to pay debts, it is better, an elder will tell you, to pay the debt for them than to give them the money: for the money they might be tempted to use for every day enjoyment. Risks must be taken to enjoy life, whatever the theoretical priorities may be. The famous symbol of the crocodiles, with a single central stomach but two heads and tails, which illustrates the proverb Stomachs mixed up, crocodiles’ stomachs mixed up, they both have one stomach but when they eat they fight because of the sweetness of the swallowing (No. 2402) reflects the dilemmas and the complexities of the family system. All individual actions affect the family in general (that is, all food goes in one stomach;) but, as the crocodiles reply, the taste is in the throat—enjoyment is an individual not a group experience. Education in traditional society involved oral and not written communication; and proverbs were a way of reinforcing moral and social precepts. They teach the philosophy and way of life of the community, its customs and its prejudices. Before a person can become well versed in customary behavior, they must have a broad knowledge of proverbs to illustrate and emphasize their statements. This knowledge is, and was, learnt by listening to the elders. It is in the village context, where the elders gather together to discuss village and state affairs, to reminisce and to pass on their wisdom to the young that the richness of the proverbs is most manifest. In Chieftancy or Stool affairs, above all, knowledge of the provers is essential. It is one of the main qualifications of the Stool linguists. An aspiring Akan orator is expected to know many proverbs and to be able to cite to provide points of comparison, illustrating general truths about human behavior, during legal proceedings and on deliberative occasions. Provers can be used to summarize what would otherwise be a long and tedious disquisition. They can, also, like the folk tales, be used as a polite—and oblique—form of criticism, when direct speech would cause offence, and they are thus a way of avoiding quarrels or conflict. The Akan do not always favor clear and direct statement, and proverbs are used when people do not want to be immediately and directly understood, or where a double meaning or a prevarication is required. Proverbs can also be used to emphasize a statement or argument, especially where it is desired to show that there is precedent for a certain action. Present actions are interpreted in terms of the past, and given the aura of the conventional by their association with familiar forms of words. This collection of proverbs has been made over many years and has been obtained in many different ways. The greatest debt is owed to Christaller, whose collection of 3,600 proverbs in Fanti and Akuapem-Twi, made in the mid-nineteenth century, has formed the basis of every collection since published in Europe. His dictionary, from Twi into English, is still the only good one available, and he cross-referenced it with the proverbs, making their translation substantially easier. This collection of 7,000 is, however, in the Asante-Twi dialect, which is slightly different from Akuapem-Twi. Most of proverbs are common to the two dialects, but we have always used the Asante-Twi version in this collection. Mr. C. E. Osei, one of the elders of the last generation, generously gave his written collection of proverbs, some of which confirmed those already collected, some of which were new. Almost all the translation and some of the collection has been done in collaboration with Yaw Adusi-Poku, whose book, in part, this is. He has spent patient hours chewing over the translations of the written Asante-Twi versions. Mr. K. Nsiah, who is a gifted recorder of the old oral traditions and whose own proverbs are indistinguishable from the main tradition, has given us his own collection, and, by consulting the elders in his family, has helped to explain some of the difficulties and, in particular, the historical allusions. Mr. A. C. Denteh, the Twi scholar, provided us with invaluable advice and criticism. A list of other sources, including some of the individuals who have helped, appear at the end of the book. (Appendix B.) My own individual contribution has been the proverbs collected while doing research on the Asante gold-weights, in Asante, Brong-Ahafo and other Twi-speaking areas. Sitting in village compounds and in the houses of their chiefs, I was able to record many proverbs not actually needed for their association with the weights. Wandering conversations on objects and artifacts used in the village, the farm and the forest, produced many stories which later allowed me to understand some of the more difficult proverbs. Amongst the aged there is a nostalgia for the past, for a time in which, as imaginative memory has it, the boundaries between fiction and reality were blurred. As one old man told me sadly: In the old days if I had told you this stone was a tortoise, you would have seen it get up and walk! Village life changes slowly and the proverbs and spider stories of the Ananseasém—often seem, as one sits in the village, more real than modern life. Since so few books have been published in Asante-Twi, some of the words, such as the names of plants, birds, insects and animals, have been hard to verify, and we have probably made some mistakes in translation. In addition, just as in the English language, words have changed through the years, and one image has sometimes take the place of another, making the meaning difficult to recover. There are many very local varieties of the same proverbs (and words) and the ones I have recorded may not be the favorite versions in all Akan areas. After listening to hour-long conversations as to exactly what certain proverbs mean or as to whether the wording is one way or another, in the end I have had to make a personal choice. One difficulty in translating or explaining a proverb is the number of different contexts within which a single proverb may be used. It is impossible to explain all the uses, even if one is aware of them; it is the occasions that brings a proverb to mind and a skilled user will exploit the subtleties of a proverb to the maximum. Finally, the proverbs provide a richness of poetic imagery and vision which makes them a distillation of the best of Akan languages and oral literature. They give inspiration to drum and horn language, give depth to the funeral dirges and the appellations of the chiefs, and are used symbolically in many items of stool paraphernalia, where visual designs have associated proverbial meanings. To those who use them and to us who collect them alike, the proverbs are a treasure beyond price. For me, the gathering of them has been a great joy; and I have spent many hours immersed in their study and arrangement. They should be preserved and cherished in all their richness profound or punning, profane or philosophical, obvious (occasionally) and, (more often illuminatingly obscure. They are, in sum, the verbal shrine for the soul of a nation. Those mistakes in recording and vocabulary that remain I must regret. Such a collection should be a challenge to Akan scholars—to correct, add to and adapt accordion to their own knowledge and vision. This is only a first effort to publish a portion of this rich tradition with accompanying translations and glosses, so that it shall not be lost to the world in general and to the future generations of the Akan in particular.