Nearly five years ago I announced here the aim of spanning in my blog centuries, cultures and continents. I quickly discovered some of the implications of this statement. Not only did I take up the challenge of dealing with aspects of legal history in m,any periods, regions and cultures, but in many posts I have also pointed to projects and initiatives that succeed in fulfilling this aim to considerable extent. In this post I will look at a project that does not only deal with contemporary law on a vast scale, but also with legal history worldwide.
The World Legal Information Institute (World LII) is not a single monolithic organization, but more a consortium of several participating institutions. Some branches of the World LII are relatively well-known, others merit to get more in the spotlights. Here I will look at some examples of resources most valuable for research in the field of legal history. Even if there are clear gaps, lacunae and omissions in the presentation of these resources at the portal site of the WorldLII or at the website of a particular supporting institution, they deserve al least some attention.
Serving lawyers and historians all around the world
With at present some 1250 databases for more than 120 jurisdictions, and fourteen supporting institutions and branches the World LII is a truly multinational organization. The World LII is a member of the Free Access to Law Movement (FALM), as are most its partner institutions. One of the earliest institutions which launched a website with free legal information is the Legal Information Institute at Cornell University, founded in 1992. Initiatives such as the Global Legal Information Network (GLIN), currently in the midst of updating and supported by the Library of Congress, and Globalex (New York University), too, belong to this movement, but they have scarcely made any space for legal history. GLIN does support the World LII.
Generally the guides at GLIN and Globalex succeed certainly in providing adequate basic information about contemporary law. The guide to Scots law and Scottish legal history by Jasmin Morais and the guide to Cambodian history, governance and legal sources by Jennifer Holligan and Tarik Abdulhak at Globalex are notable and fine exceptions. Yemisi Dina’s guide at Globalex for Caribbean law does at least realize the historical background of the region she describes. Hopefully legal historians are also increasingly familiar with research readily accessible at the portal of another member of FALM, the Social Science Research Network / Legal Scholarhip Network (SSRN/LSN).
The institutions working together under the aegis of the World LII stand out for their massive presentation of and free access to legal resources, be they constitutions, laws, statutes, case law or law reports. The World LII also provides you with a nice selection of websites of materials pertaining to legal history. This page leads you also to one of the major selections of resources for legal history at the Word LII, that for Australia, which is not completely surprising, because the Australasian Legal Information Institute is at the very heart of the World LII. The University of Technology Sydney (UTS) and the University of New South Wales (UNSW) provide staff and technological support behing the AustLII and World LII. By the way, UTS has an interesting Anti-Slavery portal with an online course about the continuing struggle against slavery, forced labour and trafficking, and a section with contemporary Australian case law.
Connecting contemporary law and legal history
Let’s look a bit deeper into World LII. For this objective I would like to look at the Torres Strait Islands. These islands are situated in the Torres Strait between Australia and Papua New Guinea. if you search for the Torres Straits at World LII you get some 22,000 results. When you look at the databases providing materials for these results you will immediately notice that you cannot confine yourself to resources about Australia, from the Commonwealth or even from the Australian state of Queensland directly adjacent to the Torres Strait. The example of the Torres Straits can easily be multiplied. The western part of New Guinea was between 1945 and 1962 governed by the Dutch. Before the Second World War this part was at least within the sphere of Dutch influence in the Indonesian archipelago.
Apart from resources from Australia, Asia, the Americas, Africa and Europe the World LII does even include materials concerning the polar regions. You can approach historical resources at World LII by country. At the moment of writing seventeen countries are listed. I would single out the database with colonial cases for China and Japan, a resource developed at the Macquarie Law School, Sydney, even if this is the only historical resource included at the World LII portal for both countries. The series of cases starts around 1850. Anyway, you can find more links to colonial cases at this webpage of the Macquarie Law School. The colonial cases of Constantinople for Turkey at the World LII, too, stem from a project at this law school. These cases from the Supreme Consular Court date between the 1850’s and 1930.
However, the World LII portal brings you more history than included at its history page, although its selection of historical databases for New Zealand is impressive. In particular for historical cases it is possible to find much more, but alas this can be a hit and miss affair. At this point the fourteen branches can be most helpful. Among the fourteen institutions is for instance the LawPhil project for the Philippines. in its section on jurisprudence you can start in the year 1901.
In the vast fields of the common law it is good to know that behind World LII are both the British and Irish LII and the Commonwealth LII. In fact you are bound to use materials at both these portals when dealing with legal history concerning the United Kingdom and countries included within the British Commonwealth. It is again Scotland which provides historical materials, Scottish Court of Session decisions since 1879, and decisions of the High Court of Justiciary since 1914.
The Asian LII leads us for example for Japan to laws since 1896, but the series starts really in 1947. For legal information about the many islands groups of Oceania which have become independent countries, often with the British Commonwealth, the Pacific LII is often only available starting point, and even the only easily accessible resource center. The often very young legal history of these countries is amply documented by the databases of the Pacific LII. Some islands are severely threatened by rising sea levels, and it is important for them to start working quickly to preserve their legal heritage. In my recent post about the Endangered Archives Projects of the British Library you can read about one of these projects. It is true that it can take some effort to find historical materials, but even so often your efforts will be rewarded as more resources become available.
The pages of the World LII pointing to other legal history resources contained for me at least one pleasant surprises. At the portal of The Napoleon Series you will find not only resources about France and the period around 1800. At a page about government and politics the links range is truly worldwide, featuring both articles and databases from the Balkan to Cambodia. Although you find at that page mostly articles, and even short articles, they certainly help to provoke your own thoughts and questions.
Two directions in legal history
It is easy to moan about or criticize the lack or absence of particular historical materials within the databases of the World LII. Similar initiatives such as GLIN, Globalex, LLRX and Justia, to mention just a few of them, all lack the indispensable databases – or links to them – of the World LII. In fact the organization behind World LII encourages scholars to suggest new resources. Anyway the initiative of the World LII does not completely leave legal history out in the dark. You might even defend the position that it does help creating curiosity about the history of jurisprudence, law and legal institutions by its very scale and offering a number of resources which might be most useful for your research. Its approach definitely starts in the presence. Any research happens in the present, even if scholars devote them solely to history. The World LII helps us not to confine legal historians exclusively to periods already centuries ago. It might be wiser to acknowledge the fact that the present is our starting point, and not to imagine we can look at history from a distant and impartial imaginary point of view, with as its ultimate illusory goal the creation of definitive history.
A second important feature of the World LII and similar institutions is the free online access to materials offered thanks to their efforts. Many online legal materials can only be consulted at subscribing institutions, and they make this possible at sometimes very substantial costs. Historical materials, too, are often only readily available online thanks to commercial initiatives.
Speaking for myself, I would surely enlist the services of the World LII and its partner institutions whenever possible, feasible and wise, because I am convinced one person living in one country, somewhat familiar with the history of one country, region or continent can only see a part of the whole. Nowadays it is a cliché to say that only by getting to know the unfamiliar you will truly understand yourself and your own context, but this comparative starting point does contain more than a bit of truth. Posts at a blog such as this one contain grains of truth, and you are cordially invited to view them as just a stepping stone for more. I hope to return here soon with another post delving deeper into the theme of the scope of historical research for our century.