Tag Archives: Nature

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.

 

Hunting for origins: the example of companies

A few weeks ago I read about the purchase in 2008 by China of a copper mine at Mount Toromocho in Peru for the sum of 3 billion dollars. It reminded me that I still have a story up my sleeve about another copper mine to illustrate the early history of companies with shareholders, and even better, the company in question still exists. When writing here in 2011 about the oldest share of the Dutch East India Company from 1606 I read also about companies founded much earlier. In this post I want to follow that track. However, this will lead also to questioning the idea and practice of searching for and claiming the earliest occurrence of legal constructions.

Searching for the oldest companies

Logo Hudson Bay Company

My search for companies older than the Dutch example of a company which issued stocks in the early seventeenth century is in itself in no way new or original. In fact I am surprised how much space has been devoted to this search in the English Wikipedia, with inevitably a list of oldest companies. This list is marred by the fact that a number of companies can claim indeed a foundation at a very early date, but they did not start outright as stock companies, the definition to be explored here. It was during a search last year for a particular person that I encountered the website of the Hudson Bay Company, founded officially in 1670. The Hudson Bay Company is proud of its long history. The full name, Governor and Company of Adventurers of England trading into Hudson’s Bay, indicates clearly the role of stockholders. Its archives are since 1974 at Winnipeg, Manitoba. In 2007 the UNESCO admitted these archives to the Memory of the World Register.

Another necessary distinction to be made is between temporary stock companies and more permanent ventures. In ancient and medieval history and law you will encounter examples of joint ventures which last for just one voyage of a ship. Temporary companies such as the English Guinea or African Company (1577-1580) were followed by the East India Company (1600), the Dutch Noordse Compagnie and the Companie van Verre predated the Verenigde Oost-Indische Compagnie (VOC), founded in 1602. The name of the VOC indicates that in it a number of earlier companies merged together.

A sale concerning the Stora Kopparberg, 1288

The “founding charter” for Stora Kopparberg, 1288 – image Riksarkivet, Stockholm

When I wrote in November 2011 about the oldest share of the VOC dating from 1606 I found comments on the website of Radio Netherlands Worldwide stating that Stora Kopparberg, a Swedish company, is the oldest existing stock company documented as early as 1288. The text of the June 16, 1288 charter can be found in the printed version of the Svenskt Diplomatarium, digitized at a website maintained at the Riksarkivet in Stockholm (SDHK, no. 1406). You can also use a modern transcription and a more extensive summary in the Svenskt Diplomatarium, all in Swedish. In this charter bishop Peter of Västerås acknowledges the sale of an eight part of the copper mountain called Tiskasjöberg, octauam partem montis cupri dicti Tiscasioberg, to his nephew Nils Christinaeson, who however commutes the sale for the possession of two parishes, Fröslunda and Hasselbäck. The sale was certainly important, because the charter was sealed also by king Magnus Ladulås and four other bishops. How the division of this property into eight parts came into existence is not clear, nor is there any mentioning here of the issue of shares. I feel sympathy for the anonymous comment on the RNW website that one can perhaps describe it better as a privately owned firm with external shareholders. In view of medieval canon law it is indeed the question whether you should see this property of the diocese Västerås as property of the chapter and bishop, a part perhaps of the mensa episcopalis. Were the king and the other bishops sealing themselves shareholders?

Mining at the Stora Kopparberget, also known as the Falu Grava, had started already in the tenth century. A charter from 1347 records the granting of several rights to the miners by king Magnus IV (SHDK, no. 5394; February 17, 1347), and here it becomes clear the mine worked as a company. In the seventeenth and eighteenth centuries this copper mine was the largest source of copper worldwide. In 1862 the official name became Stora Kopparsberg Bergslags Aktie Bolga, a name indicating the issue of stocks. The delving of copper ended in 1992. The UNESCO added the site of the copper mine in 2001 to the World Heritage List. In 1998 Stora AB fused with the firm Enso into StoraEnso.

Are there any other examples of early stock companies? The firm of Francesco di Marco Datini in fourteenth century Prato had certainly partners. The Fondo Datini at the Archivio di Stato in Prato is one of the largest medieval commercial archives still preserved. If I would have to answer at point blank for examples still existing medieval companies I am tempted to look at the so-called Livery Companies in London, late medieval craft and trade associations, but they did originally function as guilds and did not trade as companies. Helmut Coing’s Europäisches Privatrecht 1500-1800 I, Älteres Gemeines Recht (Munich 1985) 523-530, distinguishes between different kinds of trade companies: Personengesellschaften, partnerships with mining companies as a special subspecies, Kapitalgeschafften with for examples the Italian montes – excluding the montes pietatis -, privileged seafaring and colonial companies in England and the Low Countries, and more modern companies from the late seventeenth century onwards.

In France the Société des Moulins du Bazacle was a milling company near Toulouse which was owned since the mid-thirteenth century by shareholders. The mills were driven by the water at the barrage de Bazacle, a dam in the Garonne river. Eventually the shares got traded on the market in Toulouse. The company existed until 1946. Companies are already mentioned in French law in the Livre de Jostice et de Plet around 1260 (Li livres de jostice et de plet, Louis-Nicolas Rapetti (ed.) (Paris, 1850) ch. 7.15, pp. 167-168; online for example in the Hathi Trust Digital Library).

Logo Sumitomo

The webpages of the Hudson Bay Company Archives mention the Japanese keiretsu (business group) Sumitomo. It took over a copper mine founded in 1591 by Riemon Soga in Kyoto. In 1691 the firm started winning copper from the Besshi copper mine which closed only in 1973. Sumitomo Mining Company is the very heart of this business group, one of the world’s largest firms. It is interesting to note that both Stora Kopparberg and Sumitomo had copper mining as a basic activity.

Let’s return briefly to the Wikipedia list of oldest companies. You might indeed object I was too dismissive of its qualities and rejected it too quickly as unuseful. Of course it is a nice list of early enterprises which have continued active until modern times, but not every enterprise took off at its start as a stock company. Here a few examples should suffice to illustrate this argument. The British Royal Mint was founded in 886, but king Alfred the Great did certainly not found a firm. Only in 2009 the Royal Mint became a company with limited liability, Royal Mint Ltd. The second example I know from my own experience in South Germany. The Bayerische Staatsbrauerei Weihenstephan reckons its foundation as a brewery back to a charter issued by the city of Freising in 1040 allowing the abbey of Weihenstephan brewing and serving beer, but surely at that time the brewery was not a separate corporate entity. By the way, the genuineness of the 1040 charter is disputed.

Understandably I will not try to plod through a list of dates and firms to be checked, and produce yet another tedious list. Since already two mines figure in this post it is just an educated guess to look briefly at the Wieliczka salt mine near Cracow in Poland. This mine was already known in the Neolithicum (3500 BC). In the eleventh century the mine was nicknamed Magnum Sal. The oldest shaft still present dates from the thirteenth century. In the late thirteenth century the Cracow Mines Company was founded. The Wieliczka mine operated until 2007. This mine, too, has been added to the UNESCO’s World Heritage List.

Mining and law

At the end of this post it might seem I have offered here a kind of tour of the Memory of the World Register and the World Heritage List, with only a very vague link to legal history. You might feel lucky I did not yet include a Dutch twist to this post, but the history of mining law brings me an opportunity to do just that. Mining law is indeed a separate branch of private law. In 1978 J. de Boer defended at the Vrije Universiteit Amsterdam his Ph.D. thesis on De winning van delfstoffen in het Romeinse recht, de middeleeuwse juridische literatuur en het Franse recht tot 1810 [The extraction of minerals in Roman law, the medieval legal literature and French law to 1810](Leiden, 1978). This thesis has a summary in English. Coing’s survey mentioned above brings you to other studies concerning mining law including works by Early Modern lawyers, for instance the Speculum iuris metallici, oder Berg-Rechts-Spiegel by Sebastian Span (Dresden, 1698; digitized at Heidelberg). In Dutch history mining took place in Limburg and also in the former Dutch East Indies.

Using the catalogue of the Max-Planck-Institut für Europäische Rechtsgeschichte, Frankfurt am Main, you will quickly find more relevant and even earlier works on the history of mining law. In Norway mining law was already codified in 1540. When you combine the results obtained there with a search in the Karlsruher Virtueller Katalog for digitized books you will be able to look at a number of relevant works from your screen. The Metallicorum corpus iuris oder Bergk-Recht (Leipzig 1624) by Johann Deucer has been digitized at Dresden. Mining often belonged to the regalia, the royal rights. Eike von Repgow deals with this aspect of mining in the Sachsenspiegel (Landrecht I,35), written between 1220 and 1235, and the gloss by Johann vom Buch from the early fourteenth century expands on it (Glossen zum Sachsenspiegel-Landrecht: Buch’sche Glosse, Frank-Michael Kaufmann (ed.) (3 vol., Hannover, 2002; available online at dMGH, section Leges). The library at Frankfurt am Main is a treasure trove which you might indeed compare to a gold mine for legal historians! Here I have restricted myself to mentioning just a few titles and indicating some aspects.

The lure of looking for origins

American readers might have expected me to deal with originalism as the major subject of this post, but in a way my post is already in itself a comment on any form of originalism. The Legal History Blog is very helpful in tracking the discussions on originalism. One of the major problems with the approach favored by originalists is the question to which origin you would like to point. Do you go back to the debates of the Founding Fathers about the American Constitution, do you look at the early Congress or at congressional debates concerning specific amendments, or do you dare to consider also debates concerning the constitution and statutes of the original states before 1776? As for the Founding Fathers, in the book by Philip Kurland and Ralph Lerner and in the web version of their study The Founders’ Constitution (5 vol., Chicago 1987; reprint Indianapolis 2001) you can look even beyond them to the sources and arguments they adduced or debated.

In the wake of the controversies about the American Constitution and its present application many roads have been opened, some of them new and promising, some well trodden and somehow pale. The major flaw with the less interesting perspectives is the Whig interpretation of history, the tendency to use history and law as a handmaiden of the present, in fact only valuable because of the present, and thus sometimes called applied legal history. History and legal history can seem just fuel for debates and are reduced to ammunition for political views. At the very best history and the development of law are not totally neglected in Whig interpretations. In my country the ignorance about history of many members of the Dutch parliament is often shameful. Another problem in the present use and role of the American constitution is the tendency to avoid fundamental debate, and to press for solutions to political questions by the judiciary with as its main vehicle judicial review. A recent attempt in Dutch politics to let a court judge political matters was rightly rejected: the Dutch States General have to decide them, not the courts. Democracy and political debate can regain relevance when they become really relevant and decisive.

As for the history of early companies, it is better not to reduce the history of company law to the sometimes fascinating stories of their foundation or a series of snapshots of all kinds of companies in history, but to look at many aspects of commerce and law in context in longer periods, and to attempt perspectives from all around the world. Legal historians can bring in questions of law to gain insights which historians and other scholars can only neglect at their peril.

Rousseau at 300 years: nature and law

Tomorrow the birth 300 years ago of Jean-Jacques Rousseau (1712-1778) will be commemorated, not only in France but in many countries worldwide. In this post I will look briefly at his impact on law, mainly through his views of mankind and nature.

Painting of Jean-Jacques Rousseau by Maurice Quentin de la Tour

Painting of Jean-Jacques Rousseau by Maurice Quentin de la Tour – Saint Quentin, Musée Antoine Lécuyer – image in public domain

Rousseau’s tercentenary

At his blog Jean Stouff published already in January 2012 a webographie, a short guide to websites celebrating the tercentenary of Rousseau. I will take over from this post a number of websites. Stouff points to the Athena website, a database at the Université de Genève with texts in French, where you will find mainly Rousseau’s literary texts. On the Canadian website Les classiques des sciences sociales texts and pamphlets with a more political orientation are presented. For translations into English available online you can go for example to the Online Library of Liberty where you can read some of the most important texts by Rousseau, among them Emile ou l’éducation and Du contrat social. In fact you can choose between many starting points for introductions to his life and writings. I stumbled on the entry for Rousseau at the mirror at Leeds of the Stanford Encyclopedia of Philosophy. Worse choices are certainly possible! The University of Leeds organizes on June 28 and 29 a conference on Jean-Jacques Rousseau and Britain. One of the conferences linking Rousseau and law will be held at Chambéry on October 24-25, 2012,  L’émancipation par le droit entre utopie et projet. Jean-Jacques Rousseau, XVIIIe-XXIe siècle, with a focus on emancipation by law. You must forgive me for not giving here an exhaustive list of all conferences on Rousseau that have already been held this year.

Looking directly at Rousseau’s writings is one thing, looking at exhibitions concerning Rousseau offers a kind of contemporary window to look at this immensely influential writer. A special Rousseau 2012 blog helps you to keep track of festivities in France. The links guide you to more Rousseau websites. In particular the Rhône-Alpes region bristles with all kind of activities. To be honest, I suspect Rousseau is used here also for the marketing of this region… One of the largest exhibitions is at the Bibliothèque municipale in Lyon, Jean-Jacques Rousseau entre Rhône et Alpes. At Grenoble the municipal library presents the exhibition Avatars de Rousseau: héritage et postérités. The bilingual website of the international Rousseau Association – maintained at Lyon – brings you to more scientific activities and can bring you to more relevant information.

The Art Museum of University College London had earlier this year an exhibition on Rousseau 300: Nature, Self and State, and a conference with the same title. In Paris the Panthéon, where Rousseau is buried since the French Revolution, is the location for an exhibition on Rousseau et les arts. The Musée Jacquemart-André, too, devotes special space to Jean-Jacques Rousseau, especially at its location in Chaalis. Harvard’s Houghton Library presented this year an exhibition on Rousseau and human rights. The guest curator of this exhibition took her lead from Rousseau’s use of the very word human rights, droits de l’homme, in Du contrat social (1762). In Germany the Rochow-Museum in Reckhan (Brandenburg) will bring an exhibition on Rousseau as a man of many talents, a visionary and someone often exiled or banned. The university library of the Freie Universität Berlin presents this year its copies of early editions of Rousseau’s works.

For this post I have found only one recent virtual exhibition on Rousseau, Voltaire-Rousseau: l’éternel duel, created by the Centre international d’étude sur le XVIIIe siècle in Ferney-Voltaire. The database of the Smithsonian Institution on virtual exhibitions in museums and libraries worldwide brings just one example, an exhibition at the Lloyd Library and Museum in Cincinnati on Rousseau and his botanical interests.

A Dutch connection to Jean-Jacques Rousseau will be explored to some extent at a two-day conference at Neuchâtel on Jean-Jaques Rousseau/Isabelle de Charrière. Régards croisés (August 22-23, 2012). Isabelle de Charrière née Van Zuylen (1740-1805) was born in Utrecht where she lived until her marriage. She wrote in French. Both authors were also composers, to mention only one connection between them. The university library of the University of Amsterdam will organize in September an exhibition on Rousseau. Last week the Zentral- und Hochschulbibliothek Luzern presented a new German translation of Rousseau’s letters on botany and an accompanying exhibition.

Rousseau, nature and law

The themes presented by Rousseau can rightfully be called familiar spots, old stamping grounds, classic themes for discussion and research. The proverbial imaginary library is well-stocked with works studying these and other subjects from ever-changing angles: the Enlightenment, the French Revolution, education, anthropology, views of nature, the scope and character of laws, to mention at least a few examples. Even if Rousseau is not on his own completely responsible for introducing views of nature and mankind which influence modern thinking already for more than two centuries, he is surely the author most often associated with new perceptions of nature, man and society. Research on for example his influence on the French Revolution, and more particular the Déclaration des Droits de l’Homme, amounts to a veritable industry. Even though he did live for some time as a recluse – the original cabane can still be seen near Chaalis – he was certainly not cut off from society. Either directly on indirectly his views became quickly known and often hotly debated by his contemporaries.

Rousseau brings the idea of liberty to the front in an exemplary way, both in his writings and his private life. This is reinforced by his Confessions, an autobiography which redefined the genre. Nevertheless, one should be wary about this source which is in its own way as particularly constructed as the Confessiones of Augustine of Hippo. A short summary of some of Rousseau’s major ideas does scarcely justice to him, nor does it provide a balanced view of the ongoing reception of Rousseau, not just in intellectual history, but in society at large. However, let it suffice here that for Rousseau nature gets a new significance as the untroubled, innocent and promising origin of man, instead of a state of man taken away by the fall of Adam and forever out of reach. He looked at natural surroundings with new eyes, and indeed introduced nature as an object of beauty and contemplation for its own sake. The exploring of continents and landscapes, supposed or real wilderness near city life or far away owes to his enthusiasm, not to mention the search for the bon sauvage, the archetypical wild man living in or close to Paradise. To be sure, the concept of the noble savage is much older, and Rousseau’s actual views here might even have been interpreted incorrectly. His view of mankind as susceptible to benevolent influences has had far-reaching consequences for ideas about education and lawgiving. In a way Rousseau seems to encapsulate the Enlightenment at its most optimistic turn. His longing for liberty is perhaps his most lasting influence, shared all over the world.

Maybe this brief post helps you to choose between many opportunities this summer for interesting exhibitions to visit and books to read of reread. This time I have not included a tour of digitized first editions or translations, but that voyage in the wake of Rousseau will no doubt be rewarding, too.

A postscript

In July 2012 the  new website Rousseau Online presents a digitized version of the Collection complète des oeuvres de Jean-Jacques Rousseau (17 vol., Geneva 1780-1788), a project of the Swiss history portal InfoClio. Hat tip to Eric Hennekam!

A wood in the polder

When I visited Delft this summer it was years ago I bicycled to the nearby tiny village ‘t Woudt, which means literally “The Wood”. However, ‘t Woudt is situated in the polders to the west of Delft, and you will not detect any wood in my pictures.

't Woudt near Delft

In fact I would have dearly liked to take more photographs on one of the few sunny afternoons of this summer, but the battery of my camera got empty. The tiny village, a hamlet is a more apt word, is dominated by the imposing medieval church. The buildings in ‘t Woudt are rightly classified as monuments.

The church of 't Woudt

The church looks rather formidable because its tower has been inclosed by the extended side-aisles. I added on purpose the detail that I took a bicycle to reach ‘t Woudt, because the road to Wateringen behind the church is not open to cars. The N223 road from Delft to De Lier and other villages has an exit for ‘t Woudt, but you can drive only the few hundred meters to this lovely spot, within two kilometers of the A4 highway connecting The Hague to Delft.

Stories to tell

For weeks I have been thinking what kind of story is behind ‘t Woudt. The first story is partially a story of onomastics, the auxiliary discipline that deals with the etymology of names. Toponymy is the study of place names. ‘t Woudt is now a part of the municipality Midden-Delfland. Originally it belonged to the manor Hof van Delft, literally “Garden of Delft” or “Court of Delft”, for the most part now a neighbourhood of Delft itself.

To the south-west of Delft is another place name with a wood in its name, Abtswoude. Toponymical studies have shown this name was formed by an act of popular etymology. The medieval name was Popta’s Woude, “The Wood of Popta”. In the nineteenth century this name had been transformed to Papswouw. People thought this place name meant “the wood of a priest”. In a funny way they decided to upgrade the place name to Abtswoude, “Abbot’s Wood”, because of the popular belief in the existence of a monastery on this spot in medieval times.

Now it is very difficult to imagine actual woods in a classic Dutch polder. In this fen country a wood can hardly exist. Perhaps to add to the confusion about Abtswoude, and to create a new chapter in Dutch landscape planning, a land art project near Abtswoude was started in the late twentieth century in the form of a wood surrounding a hill of only five meters. The wood is called the Abtswoudse Bos, and the core of the project is even called Moeder Aarde, “Mother Earth”. The whole area of just 190 hectare is situated on the outskirts of Delft.

The A4 and the Raad van State

The A4 road reaches from The Hague Delft only to stop in the midst of the polder. After decades of discussions, protests and several juridical procedures at the judiciary branch of the Raad van State, the highest advisory council of the Dutch government, on July 6, 2011, it was finally decided to build the missing six kilometers of this highway to Rotterdam. The new part of the A4 will run at a distance just 1500 meters from the Abtswoudse Bos.

The Raad van State has also the role of a court of appeal in cases concerning administration. Lately the double role of the Raad van State, founded in 1531 by Charles V, becomes more subject to criticism because it is a clear example of a situation – governed by the special law for the Raad van State (1962) – in which the governing power has to be separated from the judiciary. The court branch has to judge cases which have been discussed in or which were advised upon by the council itself. In October the Raad van State opened its renovated building. Surely the external renovation with a better use of its palace in The Hague at the Kneuterdijk was needed and successful, but an internal renovation, too, is needed to survive and function properly in this century. The Dutch queen is formally the head of the Raad van State, but the vice-president leads in daily practice the council. Due to their position the vice-presidents have got nicknamed viceroy of the Netherlands. These months the nomination of a new vice-president is another point of debate. Instead of being aloof to party politics the vice-president’s function might get more politicized.

Old and new landscapes

Having brought together a medieval hamlet, a romantic belief in the existence of a medieval monastery, a newly planned wood and land art project, and the completion of the final trajectory of the A4 I do not know whether to smile or to shake my head in disbelief. The Dutch polders can show you a rich variety of different landscapes. It seems most practically to keep in mind Dutch landscapes have been shaped and are being shaped by man. One could almost suggest the neologism manscape… Between The Hague and Leiden you will find the artificial lakes of the Vlietlanden directly next to the A4. The high-speed railway between Amsterdam Airport and Rotterdam was custom-built with a number of tunnels to protect the scenery of the classical Dutch polder as much as possible. Interestingly a separate institution has been founded to deal with complaints about damages caused by this railway. In daily life you have to picture the densely populated province of South Holland as an amazing mix of villages and towns surrounded by the remains of polders and more graphically by railways and highways, with to the east the largest more or less intact polder zone, the archetypical Groene Hart, the Green Heart of the Netherlands.

As for medieval monasteries around Delft, to the north-east of Delft is Sion, now part of Rijswijk – the Ryswick of the 1697 peace treaty -, the spot of a monastery of Austin Canons, founded in 1345 and demolished in 1572. The canons found around 1490 a Roman milestone near Monster in the Westland region. A part of the grounds survived as an estate long owned by the Van Hogendorp family. Gijsbert Karel van Hogendorp (1762-1834) helped in 1813 decisively in creating the Kingdom of the Netherlands, sketching a draft for the new constitution – subsequent versions of the Dutch constitution can be found here – and getting the family of Orange-Nassau on the new Dutch throne. I had hoped to find more information on individual monasteries in the lavishly illustrated volume De middeleeuwse kloostergeschiedenis van de Nederlanden [The medieval monastic history of the Low Countries], edited by Paulina de Nijs and Hans Kroeze (Zwolle-Ter Apel 2008), but this is not the case. Characteristically romantic phantasy lacked geographical precision. I suppose I will hardly succeed in cycling around Delft in one day to visit all places mentioned in this post. Hopefully there is enough here for reflection on the facts and stories presented.

Monasteries in medieval Holland: a postscript

I would like to help those searching for medieval monasteries in the Low Countries by pointing to the Signum network for the social-economic, institutional and juridical history of medieval ecclesiastical institutions in the Low Countries. The scholars in this network do research on such institutions both in present day Belgium and the Netherlands. The website of Signum has been recently refurbished. Among the reviews of recent publications is a review of the book edited by De Nijs and Kroeze. At this moment (early December 2011) the useful links section is not present anymore. One of the links mentioned was the so called kloosterlijst maintained at the Free University Amsterdam, a database with concise information on some seven hundred medieval monasteries within the modern Dutch borders. For Delft only you will find thirteen convents…

Water control, a legal matter

Water is a matter of life and death. For a country like the Netherlands with the ground level for more than fifty percent below sea level water control has got for centuries several additional dimensions. Water control can mean controlling the quality of water for drinking, irrigation and other purposes, it can also mean getting water out of a district to ensure a good water level for farming, it can mean protecting such districts against flooding by the sea and rivers. Major parts of the Netherlands lie within the estuaries of the Rhine, Meuse and Escaut (Schelde).

To the best of my knowledge the Western Waters Digital Library (WWDL) is one of the largest cooperative digital libraries. Some twenty institutions from several states contribute to this project on the history of water control in the United States, mainly participants of the Greater Western Library Alliance. The WWDL presents a great variety of documents and images on many subjects, and also finding aids for collections. You will not only find information about irrigation projects, but also on the great dams and their impact on the quantity and quality of water, and in particular information from and about people involved with many projects concerning water.

The peculiar legal nature of Dutch institutions for water control in the broadest sense of the word is their independent origin and – at least to a considerable extent – still independent status. A Dutch waterschap or hoogheemraadschap is not a municipal, provincial or national institution. Some of the waterschappen occupied themselves only with a part of a region, but since a major reorganization in the nineties of the past century only a small number of large water control boards exist, six hoogheemraadschappen and some twenty waterschappen. The modern provinces Friesland and Limburg have now each only one waterschap. A waterschap had and has its own governing body, organizes its own elections for representatives and its board, collects itself special annual taxes, creates its own regulations (keuren), including penalties to be inflicted. In history some waterschappen could even threaten to impose the death penalty for major infractions against its bylaws, for example not complying to orders to repair dikes or not helping against the imminent threat of a flood.

Windmill near Oud-Zuylen

A windmill near Oud-Zuylen, to the north of Utrecht, now in the care of the hoogheemraadschap Amstel, Gooi en Vecht

The history of waterschappen has not been neglected by Dutch legal historians. One of the great pioneers was Sijbrandus Johannes Fockema Andreae (1904-1968, grandchild of another legal historian with the same name (1844-1921), the latter mainly remembered for his useful overview of sources for Dutch legal history – the Overzicht van oud-nederlandsche rechtsbronnen, A.S. de Blécourt and A.M. van Tuyll van Serooskerken (eds.) (2nd ed., Haarlem 1923; reprint Alphen aan den Rijn 1981) – and his 1910 facsimile edition of the first edition from 1631 of Hugo GrotiusInleidinge tot de Hollandsche rechts-geleerdheid. Fockema Andreae junior defended in 1934 a thesis on the history of the hoogheemraadschap of Rijnland, the region around Leiden. Some of the works of a slighty earlier scholar, Anton Albert Beekman, have a rather special form: his study Het dijk- en waterschapsrecht in Nederland vóór 1795 (2 vol., The Hague 1905-1907) is a glossary of old Dutch law, and he contributed also a similar volume to the Middelnederlandsch Woordenboek, the dictionary of Middle Dutch. Let’s mention in passing also his major contribution to the eight volumes of the Geschiedkundige Atlas van Nederland (The Hague 1915-1932), a historical atlas of the Netherlands for which he drew all maps.

I could cite many more recent studies. Many touch not only water control but also the reclaiming of land in the fen regions of Holland, the creation of the archetypical Dutch polders. Landmark studies are Hendrik van der Linden’s De cope (Assen 1956; reprint Alphen aan den Rijn 1980) which focuses on the classic medieval reclaiming campaigns, J.L. van der Gouw’s De ring van Putten (s.l. 1967) and perhaps Martina van Vliet, Het Hoogheemraadschap van de Lekdijk Bovendams (Assen 1961). Using the online bibliography for Dutch history you can easily search for more relevant titles.

A pumping engine from 1918

A pumping engine building from 1918, built for the former waterschap of Achttienhoven, near Utrecht

In the second part of this post I would like to focus on one institution. Leiden is situated on a minor branch of the Rijn, the Leidse Rijn. This river gives its name to the hoogheemraadschap Rijnland. Fockema Andreae worked for many years for this institution. On the website of Rijnland – and also on the website of Delfland – you can find instructive texts in English about the present day working of these water control boards. Rijnland has to deal with both inland water and the sea. By the way, these institutions do occupy themselves with water quality control, too, but drinking water in my country is generally provided by special companies. Some cities founded their own drinking water company. It is needless to say that conflicts of interest can develop between these companies and the water control boards, between farmers wanting a certain water level for their herds or crops and biologists preferring another level for rare plants and animals.

Rijnland has been often the subject of studies and source editions. The oldest surviving registers have been published for the Society for the Study of Old Dutch Law, De oudste bestuursregisters van het hoogheemraadschap van Rijnland (1444-1520). Regesten van de handelingen van dijkgraaf en hoogheemraden, J.H.M. Sloof (ed.) (Leiden 1999). A section of the Rijnland website is devoted to its heritage, with an image database in which you can find also old documents, artefacts, online finding aids and a treasure gallery. One can find further materials for the history of this heemraadschap at the Regionaal Archief Leiden. This archival centre, too, has an online searchable image database. You will find for example building construction drawings submitted to the hoogheemraadschap.

Sometimes the struggle against water has been lost. In the Westerschelde the socalled Verdronken Land van Saeftinge, “The Lost Land of Saeftinge”, is a silent witness to the power of floods and the consequences of insufficient action to keep water out. It is one of history’s splendid ironies that the Hertogin Hedwigepolder from 1904, the last reclaimed land area in the Westerschelde, lies directly next to an area lost definitively after 1570. A sixteenth-century treatise on dike building, the Tractaet of dyckagie by Andries Vierlingh (circa 1507-1579), gives detailed information on the building and maintenance of dikes. Vierlingh sharply criticized those people who fail to fulfill their duties. The 1920 edition by J. de Hullu and A.G. Verhoeven has been digitized by the Instituut voor Nederlandse Geschiedenis, The Hague. The Dutch government has conceded in principle to the Belgian government to give the Hertogin Hedwigepolder back to the river in order to guarantee safe sailing for large modern vessels on the Westerschelde on their way from or to Antwerp. This decision has yet to be enforced, and protests against it in the province of Zeeland are vehement. Dutch readers can meet both very different landscapes in an intriguing chapter of a wonderful book by Kester Freriks, Verborgen wildernis. Ruige natuur & kaarten in Nederland (“Hidden wilderness. Rough nature and maps in the Netherlands”; Amsterdam 2010).

Did you spot anywhere in this post the Dutch National Water Management Agency, Rijkswaterstaat? Did I mention the plans to add the waterschappen to the provinces? You can figure out yourself that when you add national and provincial institutions to my sketch of Dutch water control at a meso and micro level things are still complicated. In my opinion creating or having independent institutions for water control is not only a phenomenon for institutional historians but a subject worth of further investigation. This century will witness the growing importance of natural resources, will perhaps even see battles and wars for water, and you are invited to contemplate the example of a region with in this respect a special balance of powers.

Disaster and digital heritage in New Zealand

One of the unforgettable scenes in The Bone People, Keri Hulme’s famous novel, brings the reader to the remains of a boat built by the Maori ancestors of Joe, which comes only to the surface after a minor earthquake. This week New Zealand has been forcefully hit by a major earthquake. People have been killed by it, many more people got injuries, houses and other buildings have become ruins or are severely damaged. How to rebuild lives and houses? How can one heal the wounds? What has become of all kind of things that form ties with the past, with New Zealand’s cultural heritage?

On my website for legal history the page with digital libraries is on the brink of becoming a separate section. One of its shortcomings is its organization along national borders, for frontiers have changed over the centuries. Colonial history has often destroyed older borders and memories of them. Luckily some digital libraries are the fruit of international cooperation. Looking at my list today I can at least see quickly which collections are important for New Zealand. The libraries I list for New Zealand happen to be not just important for legal history but for the history and heritage of this country at large. Australia, too, will show up in this post because of the historical connections within the former British Empire.

The Digital NZ – Á-Tihi Aotearoa of the National Library of New Zealand is a portal to digitized sources at several cultural institutions. Matapihi is a more general portal of New Zealand’s national library  to find digitized materials. The New Zealand Electronic Text Centre at Victoria University of Wellington has among its projects for example He Pātaka Kupu Ture – The Legal Maori Archive, with sources on Maori legal history. Early New Zealand Books, a digital library of the University of Auckland Library, presents online a number of digitized early editions printed in New Zealand. Sources pertaining more strictly to legal history are present in the digital collection for Colonial Case Law of the Macquarie Law School in Sydney. In fact it is a portal to several sites on historical cases, with a very useful links collection, also for New Zealand. It mentons for instance the New Zealand’s Lost Cases at the Victoria University of Wellington. The Oceania Digital Library is an international digital portal created by the University of Auckland Library, the University of California at San Diego Libraries and the University of Hawai’i Library for the cultural heritage of Melanesia, Polynesia en Micronesia.

One of the most remarkable initiatives for digital libraries I have seen is the New Zealand Digital Library at the University of Waikato. Behind this modest title you find in fact a portal to several digital libraries, not only for New Zealand but for other countries as well. The Greenstone digital library software is used in particular for a number of development initiatives and humanitarian services worldwide. Among the so-called “user contributed collections” is the website “Alive in Truth: The New Orleans Disaster Oral History and Memory Project” concerning the hurricane Katrina that hit New Orleans in 2005. At first it might seem wry to find among the projects also the Virtual Disaster Library of the Pan-American Health Organization and the WHO Health Library for Disasters. However, it shows also the outward bound mentality of New Zealand, and these efforts to help worldwide deserve respect and support. I could mention many more links. The website of the Christchurch City Libraries has a well-organized links section, with a special page for links on earthquakes.

Christchurch City Libraries also present a very useful set of legal links. You can follow their tweets for the latest news from Christchurch. For modern law cases the New Zealand Legal Information Institute is the first site to visit; the databases with cases on intellectual property go back to the late fifties and sixties. The Victoria University of Wellington houses an exhaustive website on Indigenous Peoples and the Law which reminds you that continents and subcontinents have a very distinct history before modern nations came into existence. The University of Canterbury in Christchurch gives on its library website an extensive guide to online resources for modern law in New Zealand. To round off for today, let us not forget the legal historians of Australia and New Zealand, united in one society. New Zealanders and Australians try to bridge gaps between a continent and an archipelago. Perhaps we can do something for them, starting with showing our sympathy with the people of Christchurch.

Redeeming the woods of The Hague

When you leave the central railway station of The Hague you will see the Malieveld, a part of the Haagse Bos, the wood of The Hague. The Malieveld is one of the main Dutch places for major demonstrations. The connection with demonstrations on large squares readily explains my interest in the Malieveld. In fact the story goes back to 2006 when the burgomaster of The Hague suggested the Malieveld as the building location for a new Dutch national museum. Five years ago historians showed evidence of an act from 1576 issued by William of Orange forbidding the sale of the Malieveld and the adjacent wood with the objective to cut down its trees. The website of VPRO television´s history channel has a very useful notice on this princely act, with links to the original text and a modern transcription of it, and this forms the starting point of my post.

The Malieveld in The Hague

A part of the Malieveld in The Hague

On February 21, 2011 the Dutch newspaper Trouw brought this again to the attentions of its readers. The article was accompanied by a photograph showing a horsed man dressed as William of Orange addressing people at the Malieveld before a debate on natural conservation in the province of South Holland. The debate on February 19 was organized by the Dutch Society for Natural Monuments, the National Forest Service which owns the Haagse Bos, and the Foundation for the Landscapes of South Holland. I will not touch upon this debate concerning the possibilities for new policies that cuts in the budgets might bring.

Jaap Buis started his majestic study Historia forestis. Nederlandse bosgeschiedenis (2 vol., Wageningen-Utrecht 1985) – available online at the E-depot of Wageningen University – with a short history of Dutch woods and forests. The woods around The Hague were not mentioned as woods in the late Middle Ages, but still as wilderness. The Haagse Bos was created in the fifteenth century. Its maintenance and use as a hunting ground costed lots of money. In 1574, during the early phase of the Dutch Revolt, The Hague was briefly captured by Spanish forces. William of Orange, himself one of the richest aristocrats of the Low Countries, needed money for the continuation of his struggle against the king of Spain, and he proposed the States of Holland to sell the Haagse Bos. Protests by the citizens of The Hague lead on April 16, 1576 to the signing of the Acte van redemptie.

The Institute for Dutch History has created an online database with the correspondance of William of Orange. The Dutch pater patriae got his nickname, William the Silent, not because of his abundant correspondence – some thirteen thousand letters have been tracked down! – but because of his skill in saying almost nothing with much words. In this act the prince of Orange made the citizens of The Hague promise to pay 1500 guilders from the sale of melted down church bells, and 1000 guilders from waiving the right to get back this sum which they had loaned to the prince. William promised in return that the bosch ende warande, the woods and park, would be forever geredimeert ende affecteert, reclaimed and looked after, and that these grounds will never be sold or put to sale for the purpose of cutting down its trees. All this would have to be maintained in full accordance with the old uses and servitudes known to the auditor and bailiff of North Holland.

A point initially missed by journalists and politicians was the fact that this act does not forbid any sale of the woods, but only a sale aiming to get rid of the woods, supposedly to sell the tress as timber and rent out the grounds as building parcels. Buis notes that in 1795 the National Convention was close to selling the Haagse Bos, but the proposal did not get a majority vote (see Buis, I, 14-15 and 328-333).

The Institute for Dutch History shows on its website only the text in a register of the Court of Holland (Hof van Holland, 44, fol. 112r-113v). The original letter has not been traced. The municipal archives of The Hague present the story on their website with a photograph of a copy from 1593 and a translation in modern Dutch. The year 1593 is no coincidence because Maurice of Orange issued in 1593 a new ordinance for the Haagse Bos. William’s act from 1579, the ordinance from 1593 and subsequent relevant documents can be found in the Groot placaet-boek (..) Staten Generael (9 vol., The Hague 1658-1796), the major collection of the acts and statutes issued by the Dutch General Estates, starting in the eight volume, page 654. The set can be consulted online in the section with old printed sources for Dutch history in the Digital Special Collections of Utrecht University Library. Using the website Archieven, an online database for searching in many Dutch archival collections, I found another item at the municipal archives in The Hague, a dossier of the municipal council from the period 1947 to 1953 concerning building plans on the Malieveld and the Koekamp (Gemeentebestuur 1953-1990, no. 5348) which mentions the 1576 Acte van redemptie. Nil novi sub sole! Among the digitized materials in these archives is the Jaarboek “Die Haghe“, the yearbook of the Society for The Hague’s history, and thus you can also check online the 1905 edition of the act from 1576.

The word redemptie sounds very much like the religious word redemption, and indeed its meaning is not far from the religious concept. In legal texts redemption means buying off or reclaiming something. I could check the meaning of the Dutch legal term in a reprint of a small legal dictionary from the eighteenth century, Franciscus Lievens Kersteman’s Practisyns woordenboekje of verzameling van meest alle de woorden in de rechtskunde gebruikelijk (Dordrecht: Blussé, 1785; reprint Groningen 1988), edited with an introduction by J.E. Ennik and Paul Brood. This “Practicioner’s Dictionary or Collection of Almost All Words Used in Jurisprudence” is really useful for understanding older Dutch legal texts. The Institute for Dutch Lexicography in Leiden makes available online not only the Woordenboek der Nederlandse Taal but also dictionaries for Middle Dutch and Early Middle Dutch, and even a dictionary of yiddish words in Dutch. The Woordenboek der Nederlandse Taal confirms and expands the meaning given by Kersteman.

The old name of The Hague, Den Haag, is actually an abbreviated form of ‘s-Gravenhage, literally “the hedge of the count”. In the thirteenth century count Floris (Florence) IV of Holland had bought grounds near the village Van der Hage. The counts clearly liked this spot next to a lake, nowadays the Hofvijver. Count Floris V built a large hall, now the Ridderzaal of the Dutch parliament. Since the fifteenth century the county tribunal, too, resided at The Hague. The main pastime of the counts was hunting on the grounds around The Hague. When the dukes of Bavaria came to reign over Holland in 1358 and decided to stay in The Hague all signs were positive for creating a real court like surrounding in which the old sport of hunting was not forgotten.  The court was both hunting lodge and a place to hold court, including attention to literature as shown by Frits van Oostrom in his acclaimed study Court and culture: Dutch literature, 1350-1450 (Berkeley, Ca., etc., 1992).

Living near a princely hunting ground was not easy for the citizens of The Hague. Today the Malieveld and the Haagse Bos form a much-needed green area in the city which houses the Dutch parliament and government and a number of international institutions. The Hague is the residence, too, of Queen Beatrix. As long as the 1576 act is not contested in court the fields and woods near the centre of The Hague are ready to receive people for a demonstration or just for a walk to muse over the amazingly long impact of William’s act.