Tag Archives: Germany

At the scene of crime with the Romans

Flyer "Plaats Delict"- Nijmegen, Museum Het ValkhofFor a number of very sensible reasons the history of Roman law has a prominent place within the study of legal history. However, in most cases we tend to focus on Roman private law, sometimes we take public law into account, and criminal law holds at its best a marginal place. This blog tries to avoid undue attention to Roman law, but there is no need here to exclude it completely. The current exhibition about Roman criminal law at Nijmegen (Nimwegen/Nimègue) at Museum Het Valkhof is an excellent occasion to look at this subject in some depth. Its title Plaats delict. Misdaad bij de Romeinen [The scene of the crime. Crime among the Romans] suggests correctly that artefacts will help you to get a better view of Roman attitudes towards crime.

The variety of crimes

Inscription about a murdered farmer

The exhibition at Nijmegen has been developed in cooperation with a number of German museums which created the travelling exhibition Gefährliches Pflaster. Kriminalität im römischen Reich [Dangerous pavement. Criminality in the Roman Empire]. At Museum Het Valkhof, a museum for art, history and archaeology, there is a clear stress on a way of presentation suited to young people. There is no accompanying catalogue, but only short texts with brief explanations about the objects put on display. Children are invited to play the role of Quintus, a Roman crime investigator, and to find out who has committed a murder. From Frankfurt am Main there is a skull with traces of a murderous attack. Children can also take a seat in a Roman court and deduce the exact way cases did take place. An inscription concerning a Roman investigator at Nyon (Switzerland) and an inscription telling us about the murder of a farmer certainly help to imagine how crimes touched the lives of very real people. At Nyon Quintus Severius Marcianus had been very successful as a praefectus arcendis latrociniis, and his home town honoured him with an inscription.

The crimes shown in this exhibition offer a wide variety, from theft and counterfeiting coins to playing with prepared dices, and from burglary to murder and the plundering of tombs. Punishments, too, show a great variety: penalties in money, hand cuffs, slavery and forced labour, and the death penalty in various forms, be it as a gladiator, fed to the lions, by beheading or crucifixion.

Waxtable with a fine

From the perspective of legal historians it is remarkable that Roman law is scarcely invoked at this exhibition, often only implicitly or strictly in the context of an object. For lesser crimes your punishment would often be a fine, an amount of money to be paid. It is a pity the exhibition shows only a replica of a second century wax table with such a fine, held at the Archäologisches Museum Baden-Württemberg in Rastatt.

The longest text about Roman law in the exhibition gives a short overview of the diverse sources of Roman law. The major place of private law is mentioned, as is the efforts under emperor Hadrian (117-138) to unify Roman law. The Codex Justinianus is described as a text-book for students. Just two paragraphs to summarize a development of many centuries is simply too short to bring more than a few things to the attention of people. More to the point is the explanation about the accusatory nature of judicial proceedings. The parties involved had to bring a case themselves to court. The role of provincial governors to hear cases and to ask for judgments from the emperor himself is also mentioned, but none of this information is further corroborated.

Roman burglars at work

The information concerning the objects on display fares better, with nice captions such as Inbrekers aan het werk [Burglars at work] for a box with traces of an attempt to force its lock. Some walls of the exhibition rooms have been decorated with actual Roman wall paintings or evocative artists’ impressions, showing for example a number of inscriptions in a Roman settlement. The exhibition shows small statues of dogs given to the dead in their graves to protect the gifts accompanying their bodies. The ubiquitous Cave canem [Watch out for the dog] is only hinted at by showing a bronze head of a dog and by a series of small statues of dogs which accompanied the dead in their coffins.

Objects, stories and history

I left the exhibition at Nijmegen with mixed feelings. It is easy to admire the telling array of objects, to learn about them from the concise information about them, and to get here a general impression of Roman life, crimes and punishments. The immediate involvement of children in an imaginary murder investigation is to be welcomed as an example of teaching a subject by making students play a role in a historical setting. However, I cannot ignore the lack of more information about the Roman judiciary, and in particular about its development. The quality of the information for each object is much better, but this shows also forcefully that texts – or maybe a video presentation – can enhance the understanding of objects.

At the entrance of the exhibition you read the Romans faced much the same crimes as we do nowadays. The very substantial difference in punishments could have been highlighted stronger. The attention paid by Romans to safeguard their possessions could have been easily linked to their veritable obsession with hereditary law, the very heart of Roman private law. In the museum shop at Nijmegen with a nice selection of books on Roman history I searched in vain for the German book published for the original exhibition by Marcus Reuter and Romina Schiavone, Gefährliches Pflaster. Kriminalität im römischen Reich (Mainz 2013). Reuter works at the Archäologischer Park und RömerMuseum in Xanten, a town not far from Nijmegen, which makes this omission even more painful.

Apart from the leaflet for children and a general flyer no printed information is available. In face of the Dutch fondness for English books studies such as Jill Harries, Law and crime in the Roman world (Cambridge 2007) and Olivia Robinson, The criminal law of ancient Rome (London 1995) could at the very least have been shown. For me it seems legal historians at the Radboud University Nijmegen have missed a chance to create for this occasion at least a succinct brochure which might redeem this conspicuous lack of further information. The city of Nijmegen can proudly trace its history back to Roman times, At Museum Het Valkhof is also a permanent exhibition about the Peace of Nijmegen (1678-1679), which without any doubt has benefited from advice by legal historians. Let’s hope they will exploit more actively future chances for cooperation with archives, museums and libraries, starting in their own town or region.

Plaats delict. Misdaad bij de Romeinen, Museum Het Valkhof, Nijmegen, May 18-October 5, 2014 – www.museumhetvalkhof.nl

A postscript

While finishing this post I visited also the exhibition De Krim / The Crimea at the Allard Pierson Museum in Amsterdam, the archaeological museum of the University of Amsterdam. A splendidly flowing projection of tribes and their movements in the Roman empire from the first to the seventh century and a movie about excavations help here to see the context of the treasures shown. If I had noticed it earlier this year a posting about the Crimea and Ukraine would have been close to current world news, and for that reason the exhibition did not end in May, but will be open until August 31. In fact the museum fears either Russia or Ukraine will come with juridical claims when the objects would return now to the lending museums on the Krim (see a press release of the Allard Pierson Museum (August 20, 2014) and for example the Dutch newspaper Trouw, August 22, 2014). In one of the corridors of the Allard Pierson Museum is a small photo exhibition Culture under attack about the threats to cultural heritage worldwide since 1945.

The dog, the cat and the mouse: animals and legal history

Monkeys playing slaves - sculpture in wood - source: Kommissio für das Deutsche Rechtswörterbuch, Heidelberg

Man and animals live together since the domestication of a number of animals many thousand years ago. Through the ages they often got along quite well, but sometimes man needed the law to deal with the unexpected behaviour of animals. The company and companionship between women, men and animals is not completely harmless or effortless. Relationships ranged and range today from animal worship and sometimes almost human care for pets at one end to harsh treatment as mere objects and outright systematic cruelty, serving mankind in the end as food, provider of skins, cruel entertainment and other goals.

In a conference on Das Tier in der Rechtsgeschichte [Animals in legal history] at Heidelberg from April 2 to 4, 2014, legal historians and other scholars will discuss several aspects of animal and human life and the interaction between them. The program of the conference at Heidelberg has been created in cooperation with the commission for the Deutsches Rechtswörterbuch. In this post I will look at some aspects of the interaction between animal history and legal history. This is an occasion, too, to look at the Deutsches Rechtswörterbuch, one of the typical German dictionary projects.

Of man and beasts

Animals are no aliens in legal history. Especially in German legal history animals come into view already early. I invite you to look for example at images from medieval bestiaries in Bestiaire du Moyen Âge, a virtual exhibition of the Bibliothèque nationale de France (interface French, English and Spanish), They are portrayed in various ways in the famous illuminated manuscripts of Eike von Repgow’s Sachsenspiegel. In April Dietlinde Munzel-Everling will discuss the animals in the Sachsenspiegel. Jacob Grimm, one of the pioneers of German academic legal history did not only study and publish versions of the medieval animal epic about the fox Renard in his Reinhart Fuchs (Berlin 1834). In an earlier post here I looked in more depth at the various versions of this much liked medieval story. His explanation of German words in his Deutsche Grammatik (first edition Göttingen 1819) often included historical explanations. The word vogelfrei, meaning literally and originally “free as a bird”, was in the context of exiled people and victims of execution who were denied a funeral narrowed to “delivered to the birds”. No doubt Grimm will figure in the contribution of Michael Frosser-Schell on animals in his edition of the Weisthümer (6 vol., Göttingen 1840-1878).

At the conference in Heidelberg a physician and a theologian will help looking at animals and legal history from different academic disciplines. Wolfgang Eckhart will look at relations between humans and animals from a cultural and medieval perspective. Martin Jung will look at animals in early French protestant theology. Apart from a section on animals in some selected legal sources the conference has sections on animals in public and private law, both in towns and rural areas, animals and their roles in criminal law, animals and law in art and language, and finally a section looking at animals in Spanish law (Marita Giménes-Candela) and animals in the German and French Enlightenment (Ulrich Kronauer). In this last contribution the change in views about the maltreatment of animals will be discussed.

Legal procedure is a subject in the contribution of Inge Kroppenberg about the damnatio ad bestias in Roman law. Peter Dinzelbacher, too, will look at Tierprozesse, criminal procedures against animals. The hanging of dogs is the theme of Stephan Meder’s contribution. Hopefully they pay due respect to the classic study The criminal prosecution and capital punishment of animals by Edward Payson Evans (London 1906; reprint London 1987), but follow also the example of historians such as Esther Cohen to look beyond cases to their context and to patterns of argumentation. For studies about animal behavior and views about animals it is worth looking at the Animal Studies Bibliography created at Michigan State University. The College of Law at this university is home to the Animal Legal & Historical Center where you can conveniently search for specific historical cases and subjects, broader themes and jurisdictions.

Animals, law, history and the German language

Logo Deutsches Rechtswörterbuch

In the second part of this post the Deutsches Rechtswörterbuch (DRW) takes pride of place. German scholars have a fine tradition of creating and editing dictionaries, with without any doubt the Deutsches Wörterbuch started by Wilhelm and Jacob Grimm as one of its major feats. The long time it takes to create such dictionaries is almost proverbial for the tenacity of German scholarship. A second association with these enterprises are the efforts of the various German learned academies. Not only academies with a budget for these projects, but also scholarly teams have the courage to start them, for example the team of 400 scholars behind the second edition of the Handwörterbuch zur deutschen Rechtsgeschichte (HRG). The online version of the HRG gives you free access to the list of entries and keywords, some examples and to excerpts of the other articles. Paid subscription is necessary for full access to the complete online version, but you can buy PDF’s of separate articles.

The project for the DRW was started in 1897 by the Prussian Academy of Sciences. Since 1959 the Heidelberger Akademie der Wissenschaften leads and finances the project. This academy supports also the Dictionnaire Étymologique de l’Ancien Français. The idea for a dictionary of the German legal language comes from the philosopher Gottfried Wilhelm Leibniz. On the website of the DRW you can view the original printed version, a digital version and a summary of each article. The DRW has now reached the word Schulbuch. The website of the DRW contains an introduction in English and French to facilitate its use. For the DRW a great number of sources from Germany and elsewhere for example from the Netherlands, has been digitized on a separate website, where you can search in specific sources; you can check this overview with a list of the digitized titles. A list with externally digitized relevant sources counts some 1,300 titles. The DRW has a special text archive for full text searches. Thanks to scholars such as Grimm the scope of the DRW is not just the legal language of Germany, the former Holy Roman Empire. Grimm wanted it to cover all languages of the Western Germanic language family. Thus Old English, Anglo-Saxon, Old and Middle Dutch, Old Frisian and even Lombardic, and the several medieval phases of the German language are included.

As with any dictionary created over a long time span the early parts of the DRW are not as rich as later volumes. The first volume appeared in 1914. The presence of digitized resources helps you to extend the examples adduced for early and later articles of the DRW. Let’s look for example at the cat (Katze) (DRW VII, col. 563-564). The cat figures gruesomely in a punishment dating from the Early Modern period in which someone was to be put into a sack with some living animals, among them a cat. The Katze was also the nickname of a punishment or a prison. The DRW links directly to other general German dictionaries, and indicated further textual sources, where you can even exclude certain word forms. Interestingly the ten additional textual examples from digitized sources for the cat stem all from Old Frisian law, mainly from the Westerlauwersches Recht, W.J. Buma (ed.) (Góttingen 1977). Here the cat is one of the animals which when they cause damages oblige their owner to pay only a part of the normal sum of money to be paid as a fine. The cat gave its name also to a number of following entries in the DRW which you might look up yourself.

I owe you here information about the other animals figuring in the title of my post. The mouse (Maus) is only very rarely mentioned in a legal context (DRW IX, col. 380). In fact the evidence from a trial according to canon law Tirol around 1520 given by the DRW has already been printed by Evans (p. 259-260) in Appendix A of his study from a German almanac for 1843. As a Dutchman I can dream of a case of mice invading a room with Dutch cheese! Combining cats and dogs in the title of this post was seducing, but I could have guessed easily that a dog (Hund) would only for its literal sense take very much space in the DRW (VII, col. 53-61). However, the hunting dog (Jagdhund) has an entry for itself (DRW VI, col. 356-357), with additional entries for such subjects as the servant dealing with hunting dogs. I could not help smiling at the wonderful long compound German word for the very brief separate entry concerning the costs of the care for a hunting dog, Jagdhundverpflegungskosten.

Mistaking the scope of dictionaries

Even if you can detect limits to the range and quality of the Deutsches Rechtswörterbuch you should remember that most languages do not have any kind of legal-historical dictionary worthy of a comparison with the DRW. Many people in my country complain about the largest dictionary – nicknamed the Dikke Van Dale [The Fat Dictionary] – it does not explain everything like an encyclopedia. They would be baffled by the Woordenboek der Nederlandsche Taal (WNT) which looks very much like an encyclopedia of the Dutch language from 1500 to roughly 1925. Its sheer size makes it the largest existing dictionary of any language. You will forgive me this paragraph when I tell you on this website you can even find words from the Lex Salica using the combined search mode of the WNT with dictionaries for Old Dutch and Middle Dutch. A dictionary of the Frisian language is also present on this website. Verily the DRW is not an encyclopedia, and also not a lexicon of juridical constructions and concepts, for which you can turn to the HRG.

I would have liked to comment on the image with the chained apes, presumably a wooden sculpture somewhere in Germany, but I have not yet found more information about it. At the end of this post I would like to turn from history to the present, For a dictionary of current legal German you can consult online for example the Rechtswörterbuch, which brings you also to current German laws and legal study books. Animals in contemporary German law are the subject on the website of the foundation Tier im Recht. When I looked at this website with a poodle staring at you Germans will remember Goethe’s words in Faust about the heart of the matter, des Pudels Kern. In my opinion the various ways we looked and look at, dealt and deal with animals can say much about our attitude towards people, life and nature. The story of animals and animal law is not to be detached from human history, because it tells us about both the bright and darker sides of human life, our views of culture and society, its order and limits.

 

Digital wealth: comparing national digital libraries

On April 13, 2013 the Digital Public Library of America (DPLA) was launched, an initiative that brings together digitized sources from a number of cultural institutions in the United States. In November 2012 the Deutsche Digitale Bibliothek (DDB) started which combines the digital collections of over 2,000 institutions in Germany. The DDB is still in its beta-version. A Wealth of Knowledge is the motto of the DPLA. In this post I will try to make a comparison between the new American and German national digital libraries. For this purpose I will look both at rather random chosen subjects, and also at specific subjects with a link to legal history. How rich are both initiatives? Do these two new digital libraries compare favorably with other national digital libraries? Actually it is already interesting to look how many comparable initiatives exist worldwide. A number of them is mentioned on my own webpage for digital libraries. Moreover, it is sometimes difficult to tell a national library portal apart from a general search portal or a national portal for digitized cultural heritage.

The limits of comparison

Logo Digital Public Library of America

Perhaps it wise to start here with a Dutch proverb, je moet geen appels met peren vergelijken, do not compare apples with pears, in other words, don’t compare incomparable things. Each of the digital portals and national digital libraries has its own history, background and very different cooperating partners. In my view it is not unimportant to bear in mind this when I assess the qualities of the DPLA and the DDB. I do not want to judge them, but solely to put the efforts behind both libraries in perspective.

The first impression of the website of the Digital Public Library of America is colourful and inviting. A rolling banner shows an impressive array of beautiful images and photographs of important people and events. Visitors of the website can immediately starting looking at information for particular locations, dates and years. The exhibitions section brings you quickly to a number of themes. For legal history I would like to single out Indomitable spirits: Prohibition in the United States. Below the motto A Wealth of Knowledge you can enter a free text search. The DPLA gives prominent space to its tweets, a news section and its apps, alas not yet the applications to use on smartphones to search its contents, but two separate search interfaces. One of the apps enables searching in both the DPLA and Europeana. I will include this double search app and Europeana, too, in my comparison. For brevity’s sake I will not discuss here the Library Observatory with a more abstract presentation of the search interfaces of contributing institutions.

A first hesitation occurs when you notice no less than three horizontal menus to navigate the DPLA portal. The uppermost menu is definitely more concerned with the background, and perhaps you will scarcely need it. For navigation a site map would be helpful, also when facing the multiple browse and search options, the choice in the presentation of results and the way to filter them. In one of the new items you can read in small print that the DPLA is launched as a beta-version.

Engraving of Aaron Burr

Engraving of Aaron Burr – Enoch Gridley after John Vanderlyn, c. 1801 – National Portrait Gallery, Smithsonian Institution

How to probe faithfully the quality of any meta-catalogue or portal to cultural heritage? In my view both well-known matters and rather randomly chosen examples will help clarifying this matter. As for the random example, I will choose subjects and themes which just happened to be within my view these days. At his blog Appealingly Brief Dan Klau wrote on April 18, 2013 a posting on Aaron Burr (1756-1836), the vice-president who shot Alexander Hamilton in a duel in 1804, and the ancestor of the filibuster in the U.S. Senate, the endless speech used to stop senators from voting on bills and other proposals. Until now the filibuster figured on my blog only in his original form as a pirate, and thus I am happy to welcome his namesake!

The DPLA finds 20 results on Aaron Burr. Not one of them is directly connected with the filibuster, but more with the conspiracy for which Burr was indicted on November 25, 1806, and with Liberty Hall in Frankfort, Kentucky, a place visited by Burr. I found just one image of Burr himself. The double app for the DPLA and Europeana, too, brings 20 results from the DPLA, and 3 digitized books in Europeana. It is the constellation of holding institutions in the DPLA that surprises me, and their content. The search term filibuster gives me just six results, all of them cartoons from the twentieth century. No doubt the cultural institutions that cooperate in the DPLA hold great treasures, but you would expect results from digital collections at Ivy League universities, and from libraries such as the New York Public Library, the Newberry Library in Chicago and the Boston Public Library, although this library is present as a general partner in the Digital Commonwealth portal of cultural institutions in Massachusetts, a portal linked to the DPLA. As for now only the NYPL and Harvard Library already participate in the DPLA. In the digital gallery of the NYPL I found 57 images concerned with Aaron Burr. It seems that you cannot search yet all digital collections of Harvard Library in one search action at its website.

At present it seems the DPLA has enlisted the services of only a few major institutions, among them The Smithsonian Institution and the U.S. National Archives and Records Administration. Searching the Smithsonian collections for Burr yields more than 200 results. Looking for Burr on the website of the NARA will easily bring you 75 results. Clearly not of all of them connect immediately to digitized materials, but still the difference is very large. Somehow the aggregating process behind the DPLA is not working as completely and correctly as possible. However, the DPLA is helpful in another way: when you click on More subjects you will find a nice overview of associated themes. For Burr the filibuster is missing among these proposed subjects.

Culture and knowledge

Logo Deutsche Digitale Bibliothek

The second library portal in my comparison is the Deutsche Digitale Bibliothek (DDB). At its launch in November 2012 only a beta-version became visible, thus inviting criticism. The first impression of the DDB is austere, a white background with only a search interface, a slide show with just six pictures, and two clear menus. A sitemap seems at first superfluous, but with a view to the future it is wise to include it already. The language of the search interface can be switched to German or English. Below the general free text search field you can click on Advanced search where you will find initially find just two search fields. However, you can add search fields at will, choose from ten categories, and set the character of a boolean search on “AND”or “OR”. The link to institutions brings you to a map of Germany and a search interface to filter for archives, libraries, museums, research institutions, media and monument protection. At present nearly 2,000 German institutions contribute to the DDB.

The Grimm brothers

The Grimm brothers, drawing by Ludwig Emil Grimm, 1843 – Dresden, Staatliche Kunstsammlungen – image Deutsche Fotothek, Dresden

How to test the qualities of the DBB in a fair and reliable way? 150 years ago Jacob Grimm died, the eldest of the Grimm brothers. Jacob Grimm (1785-1863) was not only responsible for the Kinder- und Hausmärchen (1812) – the fairy tales had their own bicentennial last year; a digital version of the first edition is present at the Deutsches Textarchiv – and with his brother for the Deutsches Wörterbuch, but published also a number of works which touch upon legal history, starting perhaps with a famous article ‘Von der Poesie im Recht’, Zeitschrift für geschichtliche Rechtswissenschaft 2 (1816) 25-99, on the poetry of the law, and editions such as the texts in Reinhart Fuchs (Berlin 1834) and the Deutsche Rechtsalterthümer (first edition in two volumes, Göttingen 1828).

Just entering “Jacob Grimm” in the DDB gives you already more than 200 results, with 80 images of either Jacob Grimm or both him and his brother Wilhelm. You will find the first three volumes (A to Forsche) of the Deutsches Wörterbuch. The DDB does not bring you to a digitized version of the 1816 article, online in the digital library for German legal journals of the nineteenth century at the Max-Planck-Institut für europäische Rechtsgeschichte in Frankfurt am Main. The DDB does contain the Reinhart Fuchs from 1834, and a letter on the subject of this book on several medieval versions of the Ysengrinus story by Grimm to the philologist Karl Lachmann, Sendschreiben an Karl Lachmann von Jacob Grimm über Reinhart Fuchs (Berlin 1840). The DDB lists several digital copies of the 1828 and 1854 editions of the Deutsche Rechtsalterthümer. Twice it is stated the first edition appeared in Leipzig, but the title pages of both volumes of this edition mention Göttingen. The error is due to the source of the meta-data on the digitized copy in question, in this case the Bayerische Staatsbibliothek in Munich.

With Grimm I choose an example from the very heart of German romanticism and scholarship. The formal end of the German Holy Roman Empire came in 1803 with the Reichsdeputationshauptschluss, a decision of the German Reichstag at Regensburg. One of its consequences was the end of the secular power of a number of German ecclesiastical institutions over large territories, and the secularisation of all possessions of German monasteries. Many libraries were torn apart and ended in the holdings of new large libraries such as the Bayerische Staatsbibliothek. By some German scholars 1803 has been described as a more decisive turn in German history than the French invasion by Napoleon. The DDB shows 106 results concerning this decision, not just books, but also links to archival records. Alas the links to the Landesarchiv Baden-Württemberg in Stuttgart are only links to the online finding aids, not to the archival records themselves. When searching for Jacob Grimm at Europeana you get literally hundreds results. A search for the Reichsdeputationshauptschluss as a subject brings at Europeana only four results, but they happen to be the digitized appendices to the decision of the Reichstag with detailed information about institutions and territories. These volumes have been digitized by the Bayerische Staatsbibliothek. If you search for titles with the same word, you get seven results, again from the same library.

Promises to be fulfilled…

How to assess the results presented in the DPLA and the DDB? Even when bearing in mind we have only been in touch with the beta-version of both digital portals a feeling of disappointment is not far away. For all its colourful and alluring aspects the actual search results at the DPLA are meagre. When you try to search for the same subjects in the online collection databases of some of the major participating institutions you get more results than are at presented harvested by or aggregated at the DPLA. The presence of less well-known digital libraries in the DPLA is a promise for the future. It is good that the nets of the DPLA are not only cast in familiar fishing waters. No doubt the number of participating institutions will steadily grow. In itself it is a strength that this portal does transcend the borders and limits of the traditional library. Images, sound recordings, archival records and artefacts are welcome in the DPLA without any prejudice. The side effect is, however, that books are not as prominently present as you would wish them to be. Some subjects are distinctly nearly absent in the DPLA. The last thing I expected to find in the DPLA among the few results for decretals was a digitized copy at the Brigham Young University of a rare edition of a medieval decretal taken from the edition of the Compilationes antiquae (Lerida 1576) by Antonio Agustín.

The DDB is a bit of a paradox. I have never seen before a digital portal with nearly 2,000 cooperating institutions behind it. I had expected more and more interesting search results for the examples I have chosen here. They stem from a pivotal period in German history and culture. It is not very reassuring to find that searches elsewhere, for example at Europeana and in the collections of the Bayerische Staatsbibliothek yield more results than at the DDB. Especially when you realize German regional meta-catalogues, and at the top of them the Karlsruher Virtueller Katalog, help you to track books, including digitized copies, in a very quick and reliable way, the question arises what the aims and goals of the DDB are. Is one it aims to do better than the BAM-Portal? The BAM-Portal finds more results, but on closer inspection only a portion of them concerns digitized materials.

How do the DPLA and DDB compare to similar national and international initiatives? Europeana came into view here already several times. A search for Aaron Burr at the European Library brings you 35 digital results. I found for the filibuster 68 results, with just 5 digital resources. Among the results you can filter for disciplines, which is helpful to find the right kind of filibuster. A similar search for the decision in 1803 to dissolve the Holy Roman Empire yields 23 digital results, with again mostly items digitized at Munich.

Worldwide several library portals exists which combine the forces of several national or even foreign collections to present their digitized resources. Here just a few examples: Gallica, the digital library of the Bibliothèque nationale de France, increasingly aggregates also digitized books from other libraries, for example at Lyons and Toulouse. The Biblioteca Europea di Informazione e Cultura is an Italian initiative which combines the forces of a number of thematic and special collections. In Mexico a number of institutions work together in the Biblioteca Digital Mexicana. Fifty digital libraries in Poland can be searched using the portal of the Federacja Bibliotek Cyfrowech. The Biblioteca Virtual Miguel Cervantes is a portal of several major Spanish institutions. For Catalonia the portal Memòria Digital de Catalunya brings you to even more institutions. In the portal Digital NZ – Á-Tihi Aotearoa a number of cultural institutions in New Zealand bring digitized collections together.

One of the main factors for the success of digital library portals is the way data and meta-data are harvested and aggregated. In countries where many different digitization standards prevailed it is surely more difficult to create a successful portal website. The Polish consortium of digital libraries unites institutions which use exactly the same system. Efforts to create a national portal can diminish the financial means for participating institutions to digitize materials that you would like to find also at the national level. The launch of the DPLA took place in Boston. It was no coincidence that I mentioned the position of the Boston Public Library. Its participation in the Massachusetts portal Digital Commonwealth surely poses both possibilities and limits.

Not the least factor in the success of digital portals is sticking to international standards and at the same time creating a tool that is useful for users with different interests and backgrounds. Some portals might in fact be closer to a kind of national showcase than a research tool that fits the needs of scholars from various disciplines. Sometimes it is clear you will start your search elsewhere: for digitized historical maps a first orientation is given at such portals as David Rumsey’sOld Maps Online and Archival Maps, and a second major resource to use for this purpose is the GEO-LEO-portal of the Technische Universität Bergakademie Freiberg and the university library at Göttingen. In my view the DPLA and DDB should get the benefit of doubt. It is clear that they do not yet fulfill all high expectations, but at the same time it is wise to realize nobody would see them as the one and only gateway to digital resources in a particular country. Hopefully constructive comments will be more helpful than harsh early criticisms to create the first complete releases of the DPLA and DDB more satisfactorily. These promising portals deserve a second chance.

A postscript

The portal to historical maps of David Rumsey will shortly join the forces of the DPLA. Among the European portals I could have mentioned the Spanish portal Hispana.

Revisiting Frankfurt am Main

Logo Max-Planck-Gesellschaft

One of the earliest posts on my blog in 2009 was devoted to the Max-Planck-Institut für europäische Rechtsgeschichte in Frankfurt am Main. Frankfurt has featured here in many posts, for example in a post on a guided tour to the criminal history of the capital of Rheinland-Hessen and in the post on Savigny at 150 years. Many times I have referred here to the pivotal position of this German research institute in the field of legal history, because it is the best example of an institute showing the variety of legal history, which almost leads you to prefer the plural expression legal histories. When I visited this week the website of the Frankfurt institute I found many new things which merit attention in a new post. The new building of the institute in Frankfurt’s West End gets close to completion, but it is really worthwhile to have a look at its activities before the move from the Hausener Weg to the new location near the inner city.

From strength to strength

At the moment I wrote the caption for this paragraph I wondered whether the MPI at Frankfurt am Main has indeed a motto of its own, but this one could very well play this role! In the face of many other fields of science and law for which the Max-Planck-Gesellschaft has created institutes it is most reassuring that legal history, too, has got its place since many years. The research programs of the MPG’s institutes are comparable to any other research institute, but the main goals and aims are reviewed by the central board in Munich through the years, with as a possible consequence closure or radical change.

One of the changes has been a shift of focus from the European Middle Ages to other periods and regions. Countries in the South-East of Europe and Latin America are new targets of research. Luckily materials brought together at the MPI such as a large collection of microfilms of medieval manuscripts are still safely in place. Quite recently the history of the former Arbeitsgruppe Legistik has been honoured with the launch of a digital version of the Verzeichnis der Handschriften zum römischen Recht bis 1600 (4 vol., Frankfurt am Main 1972) in the database Manuscripta Juridica. The original edition itself was basically a print made by Gero Dolezalek and Hans van de Wouw with their pioneering computer program of information concerning manuscripts in libraries worldwide containing texts of and commentaries on Roman law. The online version will be supplemented with data concerning manuscripts with canon law texts. Recht im ersten Jahrtausend is a new subseries of the MPI in the main series Studien zur europäischen Rechtsgeschichte. The recent publication of Andreas Thier’s study Hierarchie und Autonomie. Regelungstraditionen der Bischofsbestellung in der Geschichte des kirchlichen Wahlrechts bis 1140 (Frankfurt am Main, 2011), on episcopal elections and medieval ecclesiastical law, shows that early European legal history is not neglected.

The library of the Frankfurt MPI is really the core and the heart of the institute. Its digital library testifies to its rich holdings by steady enlargements. To the first section with digitized German law journals between 1800 and 1918 a second section has been added this year with journals between 1703 and 1830. At present you can view 31 journals, some two hundred (!) more will be added. You will not wonder that these projects dominate the field of legal history until now, and they have a special place in an earlier post on digitized journals and legal history.

The Virtueller Raum Reichsrecht is dedicated to digitized works stemming from the German Holy Roman Empire. A much larger collection is DRQEdit with digital editions of German-language legal works, a project in cooperation with the Academy of Sciences in Heidelberg and the University of Cologne. Legal literature from Germany, Switzerland and Austria concerning private law printed during the nineteenth century is another subject for a separate digital library, with more than 4,000 books. The digital library for dissertations from the Holy Roman Empire between 1600 and 1800 contains a number of digitized versions of them, but is mainly concerned with presenting a detailed description of some 73,000 dissertations. By now it should be no surprise the institute at Frankfurt participates with three other institutes of the MPG in the Digitization Lifecycle project for best practices and innovation in the field of digitization. It is only fair to indicate that for reasons of copyright the number of accessible digitized books in the field of Byzantine law is unfortunately very restricted. The overview of manuscripts with legal texts from Byzantium offers here some solace. By the way, a number of pages of the MPI website are available both in German and English.

The holdings of the library have been enriched by the collections of several scholars in the field of legal history. Among recent accessions is the library of Sten Gagnér (1921-2000) with 10,000 volumes and many offprints. It goes without mention the library offers to its visitors access to a number of subscribed databases and the MPG’s own digital library and licensed online journals. It is often very sensible to look for books on a particular subject first in the library catalogue of the MPI. This will bring you often to literature you had not yet spotted at all. The only sections recently removed from the website of the MPI – or hopefully just temporarily missing – are the links section and the selection of portals for legal history.

In June 2012 the Max Planck Legal Studies Network has been launched in which ten legal institutes combine forces. One of the strengths of the Frankfurt MPI has always been the support of young scholars. With the University of Frankfurt the MPI cooperates in a Graduiertenkolleg, a graduate school for comparative legal history. Every year the MPI organizes a summer school and several other courses for young scholars. The Graduiertenschule Lateinamerika is organized in cooperation with institutions in Argentina and Brazil. For reasons of space I skip other initiatives for young scholars, apart from the financial support for graduates. A link with contemporary law is provided by the new LOEWE center of excellence Aussergerichtliche und gerichtliche Konfliktlösung, a three-year project extrajudicial and judicial conflict solution, a theme dear to my Rotterdam supervisor Chris ten Raa who organized already in the nineties an international research project on the history of mediation and conciliation.

The journal Rg-Rechtsgeschichte scarcely needs introduction as the successor to Ius Commune (1967-2001) which is in its entirety accessible online in the PDF format, and also to the Rechtshistorisches Journal with an often amusing different slant on and sometimes scathing view of the practice of legal history. It is a relief drawings are again admitted to the pages of Rg-Rechtsgeschichte!

More institutions in Frankfurt

Paulskirche, Frankfurt am Main

The Paulskirche in Frankfurt am Main, the location of the Nationalversammlung in 1848

I would like to end this post with a brief look at institutions of the Goethe-Universität Frankfurt. The law faculty at Frankfurt is certainly not neglectable, and in particular not the Institut für Rechtsgeschichte. The university library, too, is worth visiting. 1848-Flugschriften im Netz is the digital collection with pamphlets on the German revolution of 1848. Compact Memory is a project with over 100 digitized 19th and 20th century Jewish journals from Germany, to mention only one of the digital collections concerning Jewish history and heritage. Legal texts are present among the more than 400 digitized medieval manuscripts. I pick at random from the special collections the Internet Library Subsaharan Africa, a major portal for African studies, the Flugschriftensammlung Gustav Freytag and the Sammlung Deutscher Drucke 1801-1870, the central collection of German imprints from this period. Colonial history is the focus of the Bildarchiv, the digital image collection of the Deutsche Kolonialgesellschaft, digitized in cooperation with the Hochschule für Technik und Wirtschaft, Dresden. The university library holds also the former collection of the Bibliothek der Bundesversammlung (1816-1866). The volumes of the inventory by Johann Conradin Beyerbach of Frankfurt city ordinances, Sammlung der Verordnungen der Reichsstadt Frankfurt (11 vol., Frankfurt am Main 1798-1818), have been digitized, and the university library has several thousands of these ordinances.

Let’s finish with four other institutions: the Deutsche Nationalbibliothek with the German Exilarchiv 1933-1945 focuses on bibliographical projects and communication. The museums in Frankfurt have created the society for Frankfurter Museumsbibliotheken. For legal history the Institut für Stadtgeschichte, too, is one of the libraries with relevant holdings. The history of criminals and punishments comes into view at the Kriminalmuseum Frankfurt am Main.

You might get tempted to think I forget to mention scholars doing research and teaching in Frankfurt. I am very well aware they make the MPI and the other institutions briefly touched upon here into places with a vibrant scholarly life. Many of these scholars do deserve laurels. The very least to do is pointing to two deceased scholars, Helmut Coing, the founder of the Frankfurt MPI for European Legal History, and Marie-Theres Fögen, also many years at the head of this institute. In my experience the scholars in the service of the Max-Planck-Institut für europäische Rechtsgeschichte do their best to honour their memory. All who visit the institute and benefit from its services should follow and debate the standards they set, for constructive debate about the fundamental questions, practices and prejudices of legal history is also among the inheritance they left to future generations.

Crossing many borders: the study of medieval canon law

When I started my blog in 2009 this happened not only because I wished to do so, but also in answer to the very question how to blog about legal history. The question came from the Stephan-Kuttner-Institute of Medieval Canon Law (IMCL) at the University of Munich. Since 1996 this institute is housed at the Leopold-Wenger-Institut für Rechtsgeschichte. One of the earliest posts in my series Centers of legal history centered around both institutions.

Stephan Kuttner and the modern study of medieval canon law

The IMCL is a creation of the late Stephan Kuttner (1907-1996). Kuttner was born in Bonn. He studied law in Berlin. His family was originally Jewish, but they had converted to Lutheranism. After his promotion in 1930 Kuttner was refused the opportunity to do research for a Habilitationsschrift at any university in the German-speaking world. Kuttner left Germany and was during a few years able to teach at the Lateran University, and to do the research for two studies which altered the study of medieval canon law radically, a model study on the canon law theory of guilt and a repertory of manuscripts with medieval canon law texts. Eventually Kuttner had to leave Italy and succeeded in 1940 in entering the United States. He taught at the Catholic University of America in Washington, D.C., at Yale University since 1964, and finally from 1970 onwards at the University of California at Berkeley, where he became one of the directors of the Robbins Collection at Boalt Hall, Berkeley’s law school. In 1955 Kuttner founded the IMCL.

In the sixties Kuttner and Gérard Fransen from the Université Catholique de Louvain decided to organize an international congress for the field of medieval canon law. The first congress took place in 1963 at Boston College. In 1968 the university of Strasbourg hosted the second congress, and in that year it was decided to organize the congress every four years, with the venue alternating between Europe and America. From August 5 to 11, 2012, the University of Toronto hosted for the second time – 1972 was the first time – this congress, the fourteenth of a distinguished series. Andreas Hetzenecker used the resources of the IMCL to write a study about Kuttner’s early years in America and his scholarly role for the multidisciplinary field of medieval canon law, Stephan Kuttner in Amerika 1940-1964 : Grundlegung der modernen historisch-kanonistischen Forschung  (Berlin 2007). Kuttner ranks with other brilliant German scholars such as Erich Auerbach and Richard Krautheimer, Fritz Stern, Paul Oskar Kristeller and Erwin Panofsky, Ernst Kantorowicz and Hermann Ulrich Kantorowicz, and many others who had to flee from Germany in the face of the Nazi regime.

Languages and medieval canon law

Logo ICMAC

Both the IMCL and the series of congresses are supported by a society with a Latin and an English name, Iuris Canonici Medii Aevi Consociatio or International Society of Medieval Canon Law, which should not surprise you in view of the language of many sources concerning medieval canon law. When you look at the book titles in the online catalogue of the library of the IMCL you will find works in many languages which is a faithful reflection of the worldwide community of scholars studying medieval canon law.

Quite recently Dante Figueroa wrote for In Custodia Legis, the blog of the Law Library of Congress, a guest post on medieval canon law with at its center the edition of the proceedings of the 2008 congress on medieval canon law at Esztergom. The author evidently was surprised not only by the uncut pages of the proceedings published by the Biblioteca Apostolica Vaticana in 2010, but also by the very fact of scholars publishing in a wide variety of languages on a subject which in itself has so many sides. I added a comment to this post mentioning this year’s congress in Toronto, and the fact that the first see of the Institute for Medieval Canon Law was in Washington, D.C., more precisely at the Catholic University of America, where the webpages of Kenneth Pennington remain one of the earliest and most informative pages on the study of medieval canon law.

I always feel slightly disappointed when links in the often very interesting posts at In Custodia Legis lead you only to the venerable Encylopedia Britannica. However, Figueroa has taken the trouble of searching for online information sometimes far away, but he could have found much online in Washington, too. If someone of the fine blogging team at the Library of Congress would take the trouble to add the category canon law to all relevant and often revealing posts at In Custodia Legis they would save anyone interested some time in finding them… Anyway, I am most willing to admit that the post by Figueroa made me think about addressing the subject of languages and medieval canon law.

Medieval canon law in Toronto

When starting this post I soon realized that Toronto would surely qualify for inclusion in my series on centers of legal history. Writers’ received wisdom says you should not mix up things too much in one story, and I confess to a strong tendency to put too much of a good thing in one post. Let’s therefore opt for the best of two worlds and just refer to the Toronto institutions involved in the 2012 congress. The Centre for Medieval Studies is the first to mention. I am intrigued by the references to research projects on the Florentine monte and on Beneventan script, but the website of the CMS does nor bring you directly to more information about them. Among the scholars doing research in legal history one can point to Alexander C. Murray and Giulio Silano. At present Lawrin Armstrong is the editor of the series Toronto Studies in Medieval Law. Medievalists all around the world turn to the well-known series with sources in translation, the Toronto Medieval Texts and Translations.

The second institution at Toronto was the venue of the congress – which incidentally I had liked very much to attend – St. Michael’s College, which can boast Marshall McLuhan, Etienne Gilson and Jacques Maritain among its former teaching staff. The third institution is the Pontifical Institute of Mediaeval Studies (PIMS). To honour the memory of Leonard Boyle O.P. (1923-1999), for many years not just a renown palaeographer and codicologist but also a scholar working in the vast territory of medieval canon law, a chair with his name has been founded. The sheer width of his scholarship and his interest in modern technology is mirrored in the Internexus part of the PIMS website which amounts to a full-scale portal for medieval studies online. Here Boyle’s motto taken from Hugh of Saint Victor’s Didascalicon should serve as a reminder that you will never look in vain for something to learn which will help you to understand the medieval world at large and medieval canon law as one of its essential components. The PIMS has its own series of publications, including the journal Medieval Studies and the Mediaeval Sources in Translation. Legal history and medieval canon law are among the subjects of the publications. The PIMS is home to the project Monumenta Liturgica Beneventana in which Roger E. Reynolds takes account of medieval canon law.

Blogging about legal history

In my blog roll I try to present as many relevant blogs for legal history as I can. My collection is surely not complete, but at least many countries and languages are represented. Returning briefly to the opening of this post where I told about the impulse I received from Germany in 2009  it is only quite recent that German scholars have started embracing this medium. Klaus Graf is probably the best known pioneer, if not the very godfather of German history blogs. He started his Archivalia blog in 2003. The German branch of the French Hypotheses blogging network was officially launched during a symposium Weblogs in den Geisteswissenschaften in Munich on March 9, 2012. At de.hypotheses.org you can now find 23 German scholarly blogs, including a new one edited by Klaus Graf with references to reviews of recent studies on Early Modern history, the Frühneuzeit-Blog der RWTH. Graf wrote a very substantial paper for this meeting, with many links to blogs on history instead of traditional German footnotes, and a picture of a hilarious game in which you will win by noticing as many stock prejudices against the use of Internet as possible. It is no incident that the Deutsches Historisches Institut in Paris and its librarian Mareike König have taken a lead in getting German scholars to create blogs and to use Twitter.

As for blogging about canon law by a Dutchman, this should not surprise you anymore at the end of a post where linguistic borders are just one of the frontiers to conquer when studying medieval canon law. A recent inquiry from the United States made me think again about the importance and afterlife of medieval ecclesiastical law, and I hope to add soon some pages to my website to show this in more detail.

A postscript

In a comment Anders Winroth (Yale University) announces the return to New Haven of the Institute of Medieval Canon Law in 2013. Some of the contributions to this year’s congress at Toronto are the topic of recent posts at Medievalists.

Savigny at 150 years

Friedrich Carl von Savigny, the founder of the German Historical School, died on October 25, 1861, today exactly 150 years ago. In his birth town Frankfurt am Main the International Max-Planck-Research School for Comparative Legal History organizes a two-day conference to commemorate Savigny. The conference with the title Savigny International? looks in particular at the influence of Savigny outside Germany. Savigny’s works have been translated into many languages. At the Goethe-Haus in Frankfurt Joachim Rückert will present a study with fifty contemporary portraits of Savigny and a new biography. If you want to find quickly some portraits of Savigny you could try using BPKGate, the image portal of a number of museums in Berlin, or look at at the online version of his biography in the Neue Deutsche Biographie. I point to some portrait databases at the end of my webpage concerning digital collections. In this post I will look in particular at the ways one can access Savigny’s legacy in libraries and archives using archive portals and other gateways.

An icon of German law and science

The highlights of Savigny’s life are well-known and need scarcely extensive description. He studied law in Göttingen and Marburg where his interest in legal history was awakened and fostered. From 1800 to 1804 Savigny taught at Marburg. He came in close contact with major figures of the German Romantic movement and even married Kunigunde Brentano, a sister of Clemens Brentano. In 1803 Savigny published a monograph on possession, Das Recht des Besitzes. Not only was this monograph a model of its kind, but it dealt with one of the most discussed and vital subjects of law in the age of the French Revolution and the Industrial Revolution. Savigny taught from 1810 onwards at the new university of Berlin. An academic debate with Anton Friedrich Just Thibaut about the role of law in German society and the need for a German code of civil law led Savigny to the publication of Vom Beruf unserer Zeit für Gesetzgebung und Rechtswissenschaft [On the call of our time for legislation and jurisprudence] (1814).

In 1815 Savigny founded with Karl Friedrich Eichhorn and Johann Ludwig Göschen the Zeitschrift für geschichtliche Rechtswissenschaft. Already before the start of his opus magnum on the history of Roman law in the Middle Ages, Geschichte des römischen Rechts im Mittelalter (first edition 6 vol., Heidelberg, 1815-1831) Savigny emerged as the foremost lawyer of his generation. In the field of contemporary law his System des heutigen römischen Rechts (8 vol., Berlin 1840-1849) is his most voluminous publication and certainly one of his most influential works. In the digital library of the Max-Planck-Institut für europäische Rechtsgeschichte, Frankfurt am Main, you can consult online several of Savigny’s works. The number of editions of Das Recht des Besitzes is just one of the signs indicating the place of Savigny.

Savigny’s influence and his legacy

Savigny was not just influential through his teachings. He was in close contact with many German and foreign scholars. In his own Zeitschrift he announced in 1817 Barthold Niebuhr’s discovery of the palimpsest manuscript at Verona with the text of Gaius’ Institutiones (Verona, Biblioteca Capitolare, XV (13)). Niebuhr thought Ulpian was the author of the text he had discovered, but Savigny judged otherwise. In the project Savignyana of the Frankfurt Max-Planck-Institut a series appears since 1993 with both editions of Savigny’s lectures and studies on his work. The discovery, study and editing of the Gaius manuscript is a major theme in Cristina Vano’s Der Gaius der Historischen Rechtsschule. Eine Geschichte der Wissenschaft vom römischen Recht (Frankfurt am Main 2008). The latest volumes in the Savignyana series are a collection of articles by Joachim Rückert, Savigny-Studien (2011) and the volume on portraits of Savigny, Savigny-Portraits, Joachim Rückert, Beate Rizky and Lena Foljanty (eds.) (2011).

Savigny’s material legacy is not to be found at just one German city, because Savigny does not belong to one city, and thus apart from the Staatsbibliothek Berlin-Preussischer Kulturbesitz and the Universitätsbibliothek Marburg it is also in particular at the Universitäts- und Landesbibliothek Münster in the Nachlass Savigny that papers of and letters to and from Savigny are preserved. The Staatsbibliothek in Berlin got also a number of manuscripts once owned by Savigny which now have the signature Mss. Sav. The Kalliope database for searching papers and autographs in German holding yields a rich harvest for Savigny at several German institutions. Unfortunately today Kalliope could not be reached directly. In fact this makes it even more interesting to look at gateways to archives and libraries, because there is a gateway to Nachlässe, literary papers and letters at the European level which gives you access to the data of Kalliope. MALVINE, “Manuscripts and Letters via Integrated Networks in Europe”, allows you to search in Kalliope, the British Library, the national libraries of Portugal and Austria and three other institutions. Thus you will find a letter by Savigny in the manuscript British Library, Egerton 4207, fol. 140-141, a letter from 1861 to Franz Brentano kept at Graz, but first of all some 1900 entries at Kalliope. Happily a second link to Kalliope does function as it should.

The CERL Portal, too, offers access to Kalliope, but this is the only catalogue it shares with MALVINE. It brings you for example to a student’s transcript from 1830 of Savigny’s lecture “Institutionen des Römischen Rechts” now kept at Schwerin, to comments from 1822 on a book about legal history and an undated engraved portrait in the Wallers Manuscript Collection of Uppsala Universitet.

The digitization of Savigny’s papers at Marburg in the Savigny-Datenbank has made accessible online a number of manuscripts with notes and drafts of articles, his university lectures, letters, personal documents and miscellaneous papers. The scope and range of Savigny’s correspondence is truly imposing. The Savignyana series is not the only series in which letters by Savigny are published. To mention only a few of the most recent editions, Bernd Reifenberg edited letters to Johann Ludwig Göschen kept at Marburg (Mein lieber theurer Freund… (Marburg 2000)), and letters by and to Savigny are part of volume 31 of the Weimarer Arnim Ausgabe with the works of Achim von Arnim (Werke und Briefwechsel, vol. 31, Briefe 1802-1804, Heinz Härtl and Roswitha Burwick (eds.) (Tübingen 2004)).

I hoped to find much more on Savigny at the BAM-Portal for combined searches in the holdings of German museums, libraries and archives, but it is disappointing to find only results from Kalliope, a small number of digitized works – mainly reproducing the list which you get using the Zentrales Verzeichnis Digitalisierter Drucke (ZVDD)- and a few portraits available through the BPKgate. Only for German archives the search at the BAM-Portal gave some twenty results which would not have been easily found separately. The ZVDD does not connect to the digital libraries of the Max-Planck-Institut in Frankfurt am Main, and this diminishes the value of searches in the ZVDD for subjects concerning legal history. It is also frustrating the ZVDD does succeeds bringing you to works by Savigny digitized at Munich for the Digitale Sammlungen, but that you cannot find these books using the Munich interface. Only using the OPACPlus of the Bayerische Staatsbibliothek you can find them directly in Munich.

By now you are probably fully aware that the commemoration of Savigny serves here also as an opportunity to conduct research in a number of online portals and gateways, and to comment on their qualities and functions. The Archives Portal Europe is another example of a recently developed gateway to sources. It appears to me as very natural to try using it for purposes touching legal history. A first search for Savigny brings you nine results from France which concern places called Savigny, such as Savigny-le-Vieux and Saint-Jean de Savigny. Of the eighteen search results six are concerned with the Nachlass of Arnold Ruge (1802-1880) at the Bundesarchiv in Koblenz.

Friedrich Carl von Savigny

A lithographed portrait of Savigny, around 1850; Collectie Protestantse portretten, Vrije Universiteit Amsterdam

The Europeana Portal is only slightly better in bringing to light texts by Savigny and images at institutions all over Europe, mainly from Germany, 36 printed texts and 21 images in all, mostly letters and some portraits. The European Library brings you mainly to books by and about Savigny which one can find also in ordinary library catalogues. Only on second thought I looked for institutions holding Savigny’s papers in the Nachlassdatenbank of the German Bundesarchiv, which mentions apart from the collections at Marburg and Berlin also the papers left from Savigny’s time as a statesman kept in the Geheimes Staatsarchiv at the Staatsbibliothek Berlin. Between 1842 and 1848 Savigny had a role akin to that of a special advisor on law to the Prussian government with the rank of a minister. Earlier he had already been a Staatsrat and involved in the Prussian administration. A fourth collection is concerned with Hof Trages, the Savigny family estate.

The only Dutch results at this archives portal – still in its beta-version – are notes for an essay on Savigny from 1968 by the late Roeland Duco Kollewijn (1892-1972), professor for international private law at Leiden, found among his papers now kept at the Dutch National Archives. The Dutch portal Archieven.nl is now also available in a German version called Findmittel. It brings only Hof Trages to my attention, an estate in the Hessian village Freigericht-Somborn – near Hanau – still owned by the Savigny family, where around 1800 the Brentano’s, the Von Arnims, the Grimm brothers and the Gunderodes often met. Savigny was first buried at Berlin, but his tomb is since 1875 in the crypt of the family chapel at Hof Trages. More on Hof Trages and Savigny’s agricultural and seigniorial activities can be found in a study by Sebastian Günther, Friedrich Carl von Savigny als Grundherr (Frankfurt am Main, etc., 2000). Let me not forget to notify you that at Thematis, the second Dutch archives portal which connects to thirty archives and a number of image databases, I did not find anything on Savigny.

Incidentally the placename Freigericht is in German also the word for the tribunal in a Freigrafschaft and for the late medieval vehmic courts (Femegerichte), secret courts which offered no possibility for appeal. It strikes me as remarkable that Savigny had so to speak a subject of German legal history very often for his eyes, but that he led his research in another direction, the influence and role of Roman law. Did he perhaps react against the romantic views on German medieval history of his contemporaries, in particular within the circle of Romantic poets with whom he was personally acquainted? Did he leave the study of medieval German law on purpose to his scholar Jacob Grimm? No doubt this question, too, has been dealt with in the very extensive literature on Savigny who had a pivotal position both in the organization of legal Germany and in the German Romantic movement.

Savigny’s library has not been held together after his death. A rather large number of books was sold in the twentieth century to libraries in Japan. In the Savigny-Bibliothek of Toin University in Yokohama some of the books once owned by Savigny have been digitized. Kyushu University Library holds a number of manuscripts with some of Savigny’s lectures and lectures by a number of his contemporaries. Heinz-Peter Weber published a book on Die Bibliothek des Friedrich Carl von Savigny in der Universitätsbibliothek Bonn (Bonn 1971). The collection at Bonn sold to this library by the Savigny family in 1959 is truly remarkable, even if some twenty percent of Savigny’s books is no longer in Germany.

Much more can be said about Savigny, one of the few German lawyers who gave his name to a foundation, the Savigny-Stiftung, responsible for the publication of by all accounts one of the most important legal history journals, the Zeitschrift für Rechtsgeschichte. Savigny opposed vehemently the codification of German law and helped bringing the study of Roman law at new heights. Even now his views sometimes divide German legal historians. Whenever the sparks of such clashes of opinion lead to new questions and renewed research on the developments and impact of law and justice in history this can only be helpful and enriching.

Paul Krüger’s legacy at the Library of Congress

On August 15, 2011, In Custodia Legis, the blog of the law librarians of the Library of Congress, published a post by John Hessler who works in the Geography and Map Division of the Library of Congress. Recently Hessler had been doing research on land ownership in Roman law when rare book curator Meredith Shedd-Driskell showed him a notebook by Paul Krüger (1840-1926), one of the most important German scholars in the field of the study of Roman law in the nineteenth century. He published editions of the Codex Iustinianus, the Institutiones Iustiniani and with Theodor Mommsen the editio minor of the Digestae, editions still in use today. His edition of the Codex Theodosianus remained unfinished. This notebook turned out to be not the only item written by Krüger present in Washington, D.C. A whole wall contains the private library of Paul Krüger which was acquired by the Library of Congress in 1930. The post contains a link to the PDF version of an article in the Library of Congress’s Law Library Journal by Hessler on his findings. He promises another article in the Revue d’Histoire des Textes. My immediate reaction was that this post from Washington does merit more attention.

When reading this really interesting post I somehow could not help asking myself whether Hessler and Shedd-Driskell were really the first to detect the notes of Paul Krüger? As it turned out to be I could get an answer to this question in an almost too quick way. In 2005 appeared Library of Congress Law Library: An Illustrated Guide (Washington, D.C.: Library of Congress, 2005) edited by Jolande E. Goldberg and Natalie Gawdiak. This book has been digitized by the firm with the seemingly unavoidable internet search website, and thus checking it is really easy. On page 72 of this book the collection is concisely described. The Library of Congress acquired Paul Krüger’s private library in 1930. The library consists not only of notes on his edition projects. There are also some manuscripts and manuscript fragments, transcriptions from manuscripts, manuscript collations, facsimiles of papyri, and much more. In 1934 the Library of Congress made a list of all the items which Goldberg and Nawdiak judged to be preliminary. It seems clear Hessler is the first to study materials in the Krüger collection since its acquisition.

Habent sua fata libelli! And the memory of scholars, even those as deservedly known among the scholars of Roman law, can have its fate, too. In the small but useful Historikerlexikon. Von der Antike bis zum 20. Jahrhundert, Rüdiger vom Bruch and Rainer A. Müller (eds.) (Munich 1991) the name of Paul Krüger is not mentioned. The articles in the volume Juristen. Ein biographes Lexikon. Von der Antike bis zum 20. Jahrhundert, edited by Michael Stolleis (Munich 1995) do not mention him either. Gerd Kleinheyer and Jan Schröder, the editors of Deutsche und Europäische Juristen aus neun Jahrhunderten (4th edition, Heidelberg 1996), do mention only Krüger’s praise for the edition by Johann Göschen of the Institutiones Gaii. In 1884 Paul Krüger and Wilhelm Studemund published an edition of this text. I did not find an article on Krüger in the main German biographical dictionaries, which you can search quickly at the German Biographie-Portal.

Of course editors have to make tough choices when selecting names for inclusion in a small or large biographical project. Just how tough is graphically shown by the rare appearances of Paul Krüger. At the Portal Rheinische Geschichte I did at last find an online article in German with more details on this scholar who teached at Marburg, Innsbruck, Königsberg and Bonn. The post at In Custodia Legis helps to bring Krüger back into light. I am sure further research in the materials at the Library of Congress will yield important fruits for the historiography of Roman law.

A postscript

John Hessler has posted here some lecture notes and a number of photos from materials in the private library of Paul Krüger.