Category Archives: General

Creating convincing arguments in court

Banner image of two muses, Themis and ClioLately I was gently pressed to add a particular blog to my blogroll. I argued that it does not deal primarily with legal history, although it is in many respects a most valuable blog. Even after a second plea, accompanied with a nice variant on Ceterum censeo… I still stick with my argument, On inspecting the several sections of my blogroll I also looked at the growing number of online journals in open access dealing with legal history. The latest issue of Clio@Themis [8 (2014)] deals with the history of legal argumentation, a theme which has had my interest since many years. I also spotted the announcement of an upcoming scholarly event in May on this subject. Nomôdos, the blog of Clio@Themis, is most useful in tracing new publications and announcements concerning legal history in France. Thus it is a source for my congress calendar, and of course it is listed in my blogroll. These two subjects give me enough materials for this post.

Arguments in courts

Clio@Themis is a French scientific journal with most of its articles in French, with abstracts in English added to them. The journal has a tradition of including as a bonus a French version of classic legal articles. Its latest issue called L’argumentation au cœur du processus judiciaire skips this feature. Seven articles deal with legal argumentation in court proceedings. Two other contributions are only loosely connected with the general subject of this issue.

Logo CHJ Université-Lille 2

Catherine Denys and Naoko Seriu introduce the theme of this number and elucidate briefly the subjects of the seven articles which originated at three days of scholarly encounters around this theme in 2012 at the Centre d’Histoire Judiciaire (Université Lille-2). They describe a shift from viewing legal argumentation solely as part of legal doctrine to an approach akin to the way philosophers, sociologists and linguists deal with speech acts. The history of the judiciary and legal practice is here the primary field of investigation. The use of arguments is seen here as a part of a strategy to get favorable results in court.

The focus of all articles is on three European countries during the Early Modern period, with the exception of two articles dealing with subjects from the nineteenth and twentieth centuries. In the first two articles the sixteenth century comes into light. Alain Wijffels discusses procedures claiming revisions of earlier trials at the Grand Conseil de Malines, the highest court of the Habsburgian Low Countries. The appeals for revision should be allowed in cases of factual errors (error facti) and in principle not for any legal error (error iuris), but in actual practice both kinds or error could be redeemed. The interesting thing is how lawyers at Malines argued about this state of affairs.

Marco Cavina deals in his contribution – in Italian – with the views of Carlo Ruini and Andrea Alciato concerning the different types of legal counseling in consilia. Alciato sketched a model with different approaches used by lawyers. Some went for subtle reasonings (subtilitates), others for the archetypical Renaissance – but essential medieval – abundance (copia) of allegations from Roman and canon law, and a third group imitated the brevitas of the classical Roman lawyers and their compact way of expressing opinions. Alciato frowned upon publishing consilia for several reasons, but his own contributions to this genre, too, were posthumously printed.

Isabelle Arnal-Corthier looks at materials sometimes presented to the Parlement de Toulouse in criminal appeal cases between 1670 and 1700. Instead of just a hearing of the accused for an appeal in criminal cases as punctuated in the royal ordinance of 1670 barristers often brought also a lettre de cassation to this court. The defense adduced in these cases mainly arguments about the competence of lower courts, insufficient evidence or irregularities during judicial procedures.

Yet another French court, the Parlement de Tournai and its third chamber in the late seventeenth century, figures in an article by Jacques Lorgnier who deals with cases concerning property rights and conflicts about the cost of church repairs. This foray into actual argumentation leads him to the hypothesis that the justiciables, the people going to court and their legal representatives, trusted the workings of rational arguments in the face of solid proofs within the framework of legal procedure.

Logo ADN

At this point I would like to mention the great resource created by legal historians at Lille for doing research into the history of the Parlement de Flandre. In the database ParleFlandre you can find more than 30,000 dossiers from the série 8B1 at the Archives Départementales du Nord (ADN) in Lille. Lorgnier uses cases from another series of dossiers at the ADN, the série 8B2. For the history of the Low Countries the archival collections at the ADN contain many important documents. At Fontes Historiae Iuris, the virtual portal at Lille to digitized resources concerning French legal history, is a section with further resources for the Parlement de Flandre.

Naoko Seriu looks at a scarcely known crime at the end of the Ancien Régime, the illegal sale of military goods by deserters, in particular uniforms. Records of trials survive in which individuals were charged with buying these illegal uniforms or the vendors themselves were charged with this crime. Seriu compares the verbal strategies used and the particular differences in approach to exculpate themselves. I could not help noticing that the examples of cases stem mainly from Brittany, in fact from just one modern département, Ille-et-Vilaine. A comparison with other regions might be useful. At the EHESS in Paris Seriu studied with Arlette Farge, a French historian who has devoted much attention to the way stories are told in historical sources, recently in Condamnés au XVIIIe siècle (Lormont 2013).

Forays into the twentieth century

Bruno Debaenst (Ghent) brings us from France to Belgium and much closer to the twentieth-first century. In his contribution (in English) he has studied trials concerning accidents during work in around Mons between 1870 and 1914. Using dangerous machinery, imperfectly prepared surroundings, shortcomings in labor organization, and workmanship not up to demands were among the arguments heard around these cases. In these years the Belgian code of civil law still was a virtually unchanged version of the French Code civil, with scarcely attention to actual circumstances in an industrial society. Debaenst describes also the use of reports by experts, criminal investigations and testimonies. In the face of inadequate means to deal conclusively with liability defendants had much opportunity to evade responsibility for what happened in their firms, thus reaffirming the gap between workers and patrons.

In the last article of this special Frédéric Chavaud brings us to familiar scenes from modern crime series on television. He looks at the use of emotions between 1880 and 1940 as arguments at the Cour des Assises, the highest criminal court in French departments. Tears, laughter and fear were not only used by barristers and defendants, but also by others in court. Studying the history of emotions is not without its pitfalls, and Chavaud rightfully points to some pivotal studies. He uses mainly contemporary public reports about trials, and not the actual dossiers of the cases. These reports do convey a vivid image or proceedings, but one can suspect that their authors also follow well-known tracks to please the expectations of their readers. Of course it is exactly important to notice such bias and detect changes in them. Emotions can and could break rational arguments and reasonings, specially when directed at juries. Chavaud clearly focuses on the contemporary perception of emotions, and he rightly mentions studies about emotions in court published between 1920 and 1940.

The range in time of this special is pleasing, from the sixteenth to the twentieth century, and we read about both civil and criminal law. The geographic focus, however, is on France, even when admittedly you get a most varied view of French legal history. Luckily the Low Countries, Belgium and Italy add a European dimension. Lorgnier is the only author to mention the use of topical argumentation. I am afraid it is not quite possible to expand here very much on any of the articles presented here. You can always wish for more, and therefore I invite you now to the second section of this post about a congress where you might pursue this aim very soon.

Studying legal controversies

Banner Rennes 2015

La controverse. Études de l’histoire d’argumentation juridique [Controversy. Studies on the history of legal argumentation] is the title of the coming Journées internationales, the yearly congress organized by the Société d’Histoire du Droit. This year’s congress will be held at Rennes from May 28 to 31, 2015 with the Centre d’Histoire du Droit of the Université de Rennes-1 acting as its hosts. You might want to have a good look at the generous links section of their website and at its own digital library. Rennes is the capital of the département Ille-et-Vilaine mentioned above, and participants might want to visit the Archives départementales. The call for papers is still active. Proposals should be sent before March 10, 2015, and this is the closing date, too, for registration (mail: shd.rennes@gmail.com). Rennes is well worth visiting, in particular for the building of the old Parlement de Bretagne. Saint-Malo and the Mont-Saint-Michel are not far away.

Young scholars, too, get a chance at Rennes. There will be a atélier doctoral organized in cooperation with the Association française des jeunes historiens du droit, a society of young legal historians founded in 2013. You can send your proposals until March 30, 2015 (mail: assofjhd@gmail.com).

The congress wants to approach controversies both as a phenomenon within the territories of law, be it the judiciary, legislation or doctrine, and as historical cases of conflicts about a plethora of possible subjects. What was the impact of certain schools of thought? Which impact had other disciplines on legal theory and practice? It is perhaps necessary to keep in thought that the international dimension of the Journées was and is traditional that of the French-speaking world at large, the francophonie. The blog like website at Rennes nicely mentions the exceptional use of English for any communication. In a region with many British and Dutch visitors one might expect the start of a change to that tradition.

This post with a French flavor should also remind readers from the Anglophone world that those speaking and writing English are no the only possible center of the world of science. It can be truly useful and illuminating to know about different approaches in other countries, to practice them yourself or to use your approach on foreign ground in order to see how universal it really is. Anyway, I have tried to convey something of my joy in discovering this special of an online legal history journal, and I might well do this here again. In my blogroll or for example at Nomôdos or the blog of the European Society for Comparative Legal History you can choose from many online journals in the fields of legal history.

Charlemagne’s Europe, a construction

Banner "The Making of Charlemagne's Europe"

While busy with updating the congress calendar of my blog I spotted an announcement about a project at King’s College London, The Making of Charlemagne’s Europe. The website consists of a database containing one thousand early medieval documents, mainly charters. The database is surrounded with a series of useful guides, instructions, a bibliography and a selection of links. The first aim of the database is to create a unified framework to extract socio-economic and prosopographic information from the selected charters. A second aim is stimulating research into these early medieval legal documents themselves.

As a medievalist I have been trained to use all available written evidence to its utmost extent. My first frown when looking at this database was caused by the fact that not all surviving relevant documents, some 4,500 records, have been included here, but perhaps I expect to much. The database is clearly still in a beta phase. The list of charter editions from which documents have been extracted is fairly long. Some collections have been included entirely, for example the charters in the Diplomata Karolinorum series of the Monumenta Germaniae Historica, and from many others at least a few items have been selected. From the edition of the Chartae Latinae Antiquiores all charters between 768 and 814 have been included.

It is probably wise to remember that we are looking in fact at a pilot project, and not to judge it too quickly. If you insist on having more materials immediately at your disposal, you can relish the presence of many online resources indicated in the splendid array of useful links. In this post I will tell you about my first experiences with the website of this project. The decision to create a database for researching Carolingian charters was not an easy choice. The visions behind this project are relevant for many comparable projects. What are the benefits of this project? Does it help to get closer to the legal realities within the Carolingian empire? Does it help us to refine our perceptions of legal history?

Back to basics

Chronicles and charters are the basic materials for doing historical research on subjects from medieval history. In a way the focus on charters of this project brings you back to a familiar playground. When you start to use the database in its simplest way, by browsing charters, you are immediately struck by the multitude of available filters, not only for classic attributes as the transmission date, repository and place names, but for many more determining elements. The filters help you to analyze a corpus of documents in a very structured way and helps to make comparisons possible on a sound base. In particular connections between people and changes in roles – and status – can become much clearer than they were before.

However, I could not help thinking that somehow you will find here only information that has been already labelled by others, but in fact the project team has done a lot more. They insist on making clear the multiple roles and significance of the information in charters. The student guide of the website gives good examples of the tiny differences in very similar charters that should make on think matters anew. In one charter a person is described as the abbot of a monastery, in the next example he is not. The first example mentions the patron saint of a church, in the next charter this information is not present. The examples show also the necessity of distinguishing the location where the charter was created, the place of a donation, places within a certain territory, and unidentified place names. Tucked away in one of the paragraphs of this guide is the very important remark that the database does not give you the actual text and images of charters. Links to digital versions will be added in the coming months. This basic feature, or should one say: basic lack, deserves more emphasis than just an oblique reference.

Results for DKar I:117

The selection of documents already included in the database was made with an eye to the greatest possible range of places, regions and types of transactions. It should not surprise you that I concluded that even the city of Utrecht, in the Carolingian period decidedly at a distance of the most important places and persons, is present in the database. The charter DKar I:117 (June 8, 777) proved to be a very instructive example. Utrecht is not only the name of the bishop’s see but also of his diocese. The charter was granted at Nijmegen. Several locations in the charter are within the diocese of Utrecht, a number of them at unidentified locations. The recipient of the grant is count Wigger for Alberic, the rector of St. Martin’s at Utrecht. Alberic is a priest. Charlemagne is credited with three qualities: king of the Franks, king of the Lombards, and patrician of the Romans. This is the only example of Utrecht in the database, but it contains enough to place it in a wider context. In 778 Alberic became the bishop of Utrecht. Gaining such personal information is one of the aims of the project.

Seemingly strange is the missing location of the Upkirika, one of the objects granted. The database gives for individual elements the exact wordings, and the location super Dorestad places this church at least clearly in the region surrounding this well-known trade centre south-east of Utrecht. Apart from properties the grant includes also a toll right. The image above does not show the large clickable map where you can see identified locations. To the left of the map is a list of all locations mentioned in a charter. A second overview mentions place relationships. In DKar I:117 Leusden is a place within a smaller territory, in Flettheti. I was somewhat mystified that the database has as a place entry Utrecht, territory (Flehiti), and not inversely Flehite, with as description “territory in Utrecht”. The procedures behind place relationships are discussed in an interesting contribution on the project website.

The list of useful links at The Making gives for the Netherlands only the online version of the registers of the counts of Holland and Hainaut between 1299 and 1345 and a link to the online list of medieval cartularies and modern editions at TELMA. In the list of charter sources only the Oorkondenboek van Noord-Brabant tot 1312 (ONB) has been included. However, a number of Dutch and Belgian charter editions (oorkondenboeken) is even available online. The Oorkondenboek van het Sticht Utrecht tot 1301 (OSU) has been digitized by the Huygens Institute, as are the ONB – in a partnership with a foundation for the history of Brabant –  and the Oorkondenboek van Holland en Zeeland tot 1299 (ONH). The portal Cartago leads you to charter editions for Friesland, Groningen and the German region Ostfriesland. Medieval charters from Belgium will become available online in 2015 within a project called Sources from the Medieval Low Countries, supported by the Belgian Royal Historical Commission. You can use a cd-rom with the Belgian Thesaurus diplomaticus from Brepols. The URL for the Diplomata Belgica does not yet function. Among the Scandinavian diplomataria the Svenskt Diplomatarium is not mentioned, perhaps because the oldest document in it dates from 817, just outside the period under consideration here. On that ground you could also exclude the Diplomatarium Norvegicum which starts in 1050. I am sure this and similar information will be swiftly added or corrected.

Apart from browsing for charters you can browse for agents and places with a similar wide range of filters. Conceptually the very act of creating of a charter is seen as amounting to a fact, called a factoid, with connections to places and peoples, and probably changing them, too. It is very advisable to read the contributions at the website about the choice to create a database instead of opting for the use of “mark-up” texts.

By the way, choosing Utrecht as an example in this post is not a random act. The Utrecht Centre for Medieval Studies has a fine tradition of research into many subjects of the Carolingian period, including legal history, for example the history of penitentials, see Rob Meens, Penance in medieval Europe, 600-1200 (Cambridge, etc., 2014). The latest project Charlemagne’s Backyard looks at the rural history of the Low Countries in the Carolingian period, combining both written and archeological evidence.

A first impression

Are there similar projects where you can find more? The Making of Charlemagne’s Europe does use data from the Nomen et Gens project at Tübingen with prosopographical and onomastic information from the eight century. CharteX deals with charters from the twelfth to the sixteenth century. The use of maps in the project of King’s College London reminded me of the interactive maps of Regnum Francorum Online, a project of Johan Åhlfeldt. It is certainly wise to use this geographical information to check and corroborate search results in the KCL’s project. It is surely possible to give more examples of digital projects which support your research into Carolingian legal documents, such as the Carolingian Canon Law Project led by Abigail Firey (University of Kentucky), and the Bibliotheca legum (Karl Ubl, Universität Köln) with the socalled Völkerrechte.

It is a silly joke but The Making of Charlemagne’s Europe is still a bit in the making. The rebuttal by the project team to this remark is really justifiable: They assemble the very evidence to help you to question the truth behind the assumption that Charlemagne and his successors aimed at creating something like a European presence. When you combine the data contained in their database with printed and online editions of Carolingian charters, and preferably also with any other kind of legal documents from this period, you will be able to get a much more detailed view of Carolingian society, the networks and relations. The Making is not the definitive answer to research questions, but it does deserve inclusion in your digital toolkit when doing Carolingian legal history. One of its great merits is its refined conceptual framework for studying and analyzing medieval charters. Even without a working database the approach to Carolingian charters is worth close study. 2015 is just a few days old, there is enough time this year to look at legal history with new eyes!

Legal history with a Dutch view

At the start of my blog, today five years ago, I had no clear idea what form it would take. After a start with twelve posts in one month, most of them short notices, the frequency of posting did not reach that level again. Occasionally there have been four or even five posts within a month, but mostly just two or three, and this year I could not publish here more than just one post every four or six weeks.

However low or high the number of postings it has been a joy to work on other features. It has been possible to expand the congress calendar from its tiny corner on my old webpages to a substantial page with due attention to both recurring and special events, attention for graduate seminars and guidance to other online calendars worth checking for the field of legal history.

A happy subtitle

Legal history with a Dutch view has been the subtitle of my blog right from the start. It offered and offers me chances to change perspectives, to add humorous notes or detached comments, and to bring in my own surroundings, from the fortifications around Utrecht, an old library and the former provincial court in my home town to the dovecotes of the Voorn estate and a number of Dutch towns. Even the hamlet ‘t Woudt near Delft could thus become the subject of a post which turned out to touch on many subjects. My visits to the Frisian isles helped me to reconsider notions about nature, law and natural law. It is a joy to write about these real and imaginary travels from the known to the unknown, and to discover surprising connections or hidden histories and meanings.

As you like it

Sometimes you will have encountered here really long posts. One reason to write somewhat longer contributions is my desire to give you complete stories. Even in these long posts I often worried whether I was not just skating the surface of any theme or subject. The longest post here published in 2011 dealt with the transmission in print of Early Modern peace treaties. A specialist in the field of these treaties said he had learned new things from it, another scholar complained I should have made an article out of it. Both scholars have a point, and I added a summary post to present the main lines of that contribution more clearly. I must add that the initial spur for this post came from an article by Klaus Graf about the peace of Aix-la-Chapelle (1748).

To many posts I have added one or more postscripts with some afterthoughts, links to useful websites or substantial corrections based on comments I received here. Gradually I have grasped the very nature of a blog, its intermediary state between nascent thoughts, ideas and proposals on a side, and on the other side full-fledged articles or even more ambitious publications. Writing here about a wide variety of subjects helps to form and refine thoughts about particular questions and problems. The use of categories and tags proved to be a tool to connect posts which at first look concerned completely different themes, periods and subjects.

At the start of my blog I had no clue about the preferences of my readers. Would there be any readers at all? Some readers owe my great and lasting gratitude for their comments, proposals and continuing interest. The sheer number of readers has varied greatly according to the particular subject. It was a genuine surprise for me that a post about the Dutch lawyer Nicolaus Everardi (circa 1462-1532) attracted much readers. My comparison between two digital library projects, the Digital Library of America and the Deutsche Digitale Bibliothek, reached many people thanks to the alerts of some of my faithful readers. The day after the abdication of pope Benedict XVI in 2013 I could point to an article by a canon lawyer who had discussed papal abdication in modern canon law a month earlier on her blog. Her article deserved to be read, but as a side-effect my post reached an all time high number of readers.

Connecting and spanning

Marginal image of a scribe reading a charter - Utrecht UB, ms. 400, fol. 113 recto

Marginal image of a scribe with glasses reading a charter – Utrecht, Universiteitsbibliotheek, ms. 400, fol. 113 recto

At this blog not only the posts matter. The blogroll in the right hand margin with some thirty blogs concerning legal history, a dozen law library blogs, twenty online journals and some twenty personal blogs connect whoever visits my blog to a much wider circle of historians and lawyers active both in the real and virtual world. For me it brings home the truth that the internet is a network which just happens to be virtual, but nevertheless first and foremost a network.

Much time in writing any post was and is consumed by searching for valuable links to websites. I include them on purpose, not as embellishments or to show my research capacities, but as resources bringing you to primary sources, secondary literature, bibliographies or further information. It satisfies also my curiosity to look at all kinds of printed and digital resources for doing legal history. I invite you to use these links and delve into their riches! You do not harm me or my blog by using a post or one of its links only as a stepping stone. It is the very purpose of these links to bring you at least one step further in the pursuit of your own goals.

Samuel Muller - drwaing by Jan Veth, 1895

Samuel Muller – drawing by Jan Veth, 1895 – image: Het Utrechts Archief

Speaking of curiosity, the funny marginal image of the medieval scribe wearing glasses to read a charter appears in the margin of a pontificale, a liturgical manuscript, probably written and illuminated around 1450 for the collegiate chapter of St. John’s in Utrecht. Bart Jaski, keeper of manuscripts at Utrecht University Library, has published a very interesting essay about this beautiful manuscript. Jaski sketches its background and points to a number of elements connected with medieval canon law. I first saw this image in a volume on the history of the States of Utrecht [Van standen tot staten. 600 jaren Staten van Utrecht, Huib Leeuwenberg a.o. (eds.) (Utrecht 1975)]. Many years later I could not help recognizing a resemblance between this man and the famous Dutch archivist Samuel Muller Fzn. (1848-1922) who did much to reform and organize Dutch archival practice. He worked for nearly half a century at the Utrecht archives.

The series of posts about centers for legal history came into existence thanks to the initial motive to start this blog. I have to thank Jörg Müller of the Leopold-Wenger-Institut für Rechtsgeschichte in Munich, who has done so much for the daily running of the Stephan-Kuttner-Institute for Medieval Canon Law, for asking me in 2009 to start blogging about legal history with the specific aim of discovering its possibilities and problems. Munich figured in one of the early posts in this ongoing series. For your benefit I have listed these posts and all posts which in fact amount to similar contributions about other institutions and cities on a separate page. Writing posts about legal iconography became a reality thanks to the remarks and questions of Mike Widener (Yale University).

“Connecting centuries, countries and continents” was at first only a lucky alliteration in an early post, but in five years I have indeed tried to fulfill this promise wholeheartedly. Choosing this approach again very explicitly in my November post about the World Legal Information Institute was no mere coincidence.

A Dutch view

Some books about Dutch and Belgian legal history

There is a possible complaint about my blog that I must mention here. If you had expected to find here only posts about the legal history of the Netherlands, you might turn away with at its best mixed feelings. From time to time Dutch legal history does get here fair space, but it seems wise not to focus solely on this relatively small corner of Western Europe. In fact Dutch legal history is a kind of mélange of influences from many countries. Its geographical position together with Belgium between France, Germany and the United Kingdom have made it literally into crossroads. Its small dimensions and its many and diverse connections with these countries make it very sensible to look abroad. The ever-changing estuaries of the Rhine and Schelde river have shaped my country substantially. A part of the Low Countries, the famous polders, have been reclaimed from the sea and lakes. They are literally man-made.

My home town Utrecht started as a Roman army camp near the limes, the border of the Roman empire. This border, too, moved with the changes of the Rhine branches. Crossing borders and having to deal with them is perhaps almost a second nature for people living in such surroundings. However, geography does not explain everything, and it is rash to claim you can find here the only Dutch view of things. Creating my blog has helped me very much to cross borders more often. I thank you for your patience with my Dutch views, and as always I hope to welcome you here often to meet the varieties of legal history.

Legal history at the World LII

Logo WorldLIINearly 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 many 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 of its partner institutions. One of the earliest institutions launching 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 created 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).

Logo AustLIIThe 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 sole 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 set of colonial cases of Constantinople for Turkey at the World LII, too, stems 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 the 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 just 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 getting to know the unfamiliar is the exclusive way towards truly understanding 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.

Defending Belgium’s cultural heritage

Logo State Archives BelgiumLast week many media published the news about a drastic cut in the budgets of major cultural institutions in Belgium. In particular federal institutions such as the Bibliothèque Royale Albert I in Brussels and the Archives de l’État en Belgique, also in Brussels, face next year a loss of 20 percent of their yearly budget. I use here the French name of both institutions, but in particular on the website of the Belgian National archives you can immediately gauge the multilingual character of Belgian society. Belgium can be roughly divided in three parts, Flanders, Wallonie and the central region in and around Brussels, Belgium’s capital. The German-speaking minority in the region along the German border has in principle the same rights as the Flemish and Wallon communities.

An online petition has been launched to give the protest against these plans a loud and clear voice, and I cordially invite you to share your concern about these proposals by signing this petition. You can read the content of this petition in four languages, Dutch, French, English and German. In this post I would like to offer a quick overview of some important digital projects in Belgium which help presenting Belgium’s cultural heritage. Some of these projects offer access to resources which are also important for the research of legal historians and for research projects concerning the rich history of law and justice in Belgium.

Digitization and the safeguarding of cultural heritage

Logo KBRWhen you look at the digital projects of the Royal Library and the Belgian National Archives it can seem at a first look Belgium’s national library has more to offer online than its counterpart in the world of archives. Just now there is very appropriately an exhibition about the First World War. However, in order to find the projects in the digital domain you will have to browse through various sections of the library’s website. A number of projects can be found under the heading Activités, but the digital library Belgica is tucked away among the catalogues. The variety of its contents, with apart from books and manuscripts also coins and medals, engravings, maps, newspapers and music scores, is such that it clearly merits a place of its own on the library’s website that shows a design which has changed little over the years. A number of manuscripts has been digitized for the project Europeana Regia. On my blog I have written twice about the presence of legal manuscripts in this project. Among the manuscripts is for example an illuminated French version of the Liber novum iudicum written in the second half of the fourteenth century (KBR, ms. 10319). You can search directly for digitized books in a special subcatalogue; a search for books concerning law (droit) brings you already some 160 books, and more can be found. The first look of rich digital repositories is somewhat dimmed by the fact that the actual number of digitized items is fairly restricted.

Logo FlandricaThe KBR does cooperate in many international projects: for example, the digital version of the Gazette de Leyden has been created in cooperation with the Belgian national library. On the national level the KBR supports the Flemish digital library Flandrica. This website with digitized books and manuscripts from six libraries working together in the Vlaamse Erfgoedbibliotheek [Flemish Heritage Library]  is strictly in Dutch. For items touching upon law and justice you have to choose the theme Recht en politiek [Law and politics] which brings you to thirty digitized printed books and manuscripts. The number of items with a legal context in Flandrica is quite small but they cover a wide range of subjects and periods, from a canon law manuscript to the procedure at law in the county of Looz, and from medieval times to the early twentieth century. As for editions of books printed in Flanders between 1500 and 1800 you can search for them online with the Short Title Catalogue Vlaanderen. Digitized literature in Flemish can be consulted online in the Digitale Bibliotheek voor de Nederlandse Letteren (DBNL), where you will find also literature in Frisian and Afrikaans.

Until recent the Belgian National Archives looked to outsiders as a very much centralized and not very active organization, but the first impression is not completely justified. The year 2010 saw the launch of a virtual exhibition about the dark sides of Belgian colonial history in Congo, Archives I presume? Traces of a colonial past in the State Archives. This year they launched a virtual exhibition concerning the First World War in Wallonie, Archives 14-18 en Wallonie. The website in four languages is being overhauled, and some parts are not yet available in English, in fact the overview of online databases did not exist at all at the time of writing. The search in archival inventories is an example. Here you can search both in scanned inventories and in digitized finding aids. Among the digitized inventories is for example the finding aid created by Jan Buntinx to the archival records of the Raad van Vlaanderen, the high court of Flanders [Inventaris van het archief van de Raad van Vlaanderen (Rijksarchief te Gent) (9 vol., Brussels 1964-1979)]. Recently the National Archives digitized the cabinet minutes created between 1917 and 1979; you can access these documents both in Dutch and French. The Recueil des Circulaires, official letters sent by the Ministry of Justice, have been digitized, too, as are a yearbook, the Annuaire statistique de la Belgique (et du Congo Belge) (1870-1995), and two juridical journals, the Revue Belge de la police administrative et judiciaire and La Belgique judiciaire.

Logo CegesomaA third institution threatened by the budgetary cuts is the Cegesoma, Centre for Historical Research and Documentation on War and Contemporary Society. Precisely the attention of the research centre for periods in recent Belgian history with some very black pages and political reverberations until the very present has made it already earlier a target of Belgian politicians.

Characteristically Cegesoma is among the first institutions to react in public to the announcement of the new Belgian cabinet. The institute argues that the proposed cuts will harm most drastically the work accomplished during decades and future activities as well. Cegesoma holds archival and audiovisual collections and a research library. You can search online for digitized materials, such as photographs, sound recordings, tracts, posters, archival records, diaries and manuscripts. One of the archives coming from the Ministry of Justice now in the holdings of Cegesoma deals with the Rijkswacht, the Belgian national police, between 1931 and 1947. One of the largest and most visible online projects of Cegesoma is The Belgian War Press which offers online access to numerous newspapers published during the First and Second World War, both by the official censored press and the clandestine press. The website of the Cegesoma has a very well-stocked choice of links to other research institutions and a fine selection of websites concerning the First World War.

Logo Justice & PopulationsLegal history comes particularly into focus at Justice & Populations, a project with Cegesoma among the fourteen participating institutions. This project focuses on the long-term relations and impact of the Belgian judiciary in its widest sense and Belgian society in an international context from 1795 onwards until the present. it is unclear in which way this project will be affected by the new plans, but surely any change in the role of Cegesoma will have side-effects here, too. By the way, another Belgian project, Just-His, is very important for Justice & Populations.At Just-His you will find actually three databases, one on Belgian judicial magistrates between 1795 and 1950, a research repository and Belgian criminal statistics (only accessible after registration).

Among the institutions governed by the national government is also the Commission Royale pour la Publication des Anciennes Lois, founded in 1846. This committee is responsible for many important editions of sources concerning the legal history of Belgium from the Middle Ages onwards, ranging from ordinances, charters and customary law to legal treatises and collections of verdicts. On its website you can find an overview of the publications and projects. The issues of the Bulletin des anciennes lois et ordonnances de Belgique published between 1909 and 1999 are available online (PDF’s). Let’s hope the projects coordinated and often done by members of the committee themselves will not be harmed by any of the proposed measures.

A wider threat

Logo KVAB

Apart from archives and libraries museums, too, are included in the budgetary threats, but before looking at some museums I will look briefly at a higher level. The Koninklijke Vlaamse Academie van België voor Kunsten en Wetenschappen (KVAB) [Royal Flemish Academy of Belgium for Arts and Sciences] published in 2013 reports on the reform of the Belgian judiciary [De gerechtelijke hervorming: een globale visie (“The judicial reform, a global vision”)] and the role and significance of archives in Belgian society [Archieven, de politiek en de burger (“Archives, politics and the citizen”)]. One of the standing commissions of the KVAB has legal history as its core business, with projects such as the bibliography of current research on Belgian legal history and the critical edition of the works of Philips Wielant. The KVAB provides on its website a searchable version of the Nationaal Biografisch Woordenboek [National Biographical Dictionary], a useful tool for legal historians, too.

Among the targets of the cuts proposed by the Belgian government are a number of famous museums, for example the Royal Museum for Fine Artsthe Royal Museums for Art and History, and the Royal Museum of the Armed Forces and Military History, all in Brussels. Another royal museum, the Royal Museum for Middle-Africa in Tervuren, closed in 2013 for renovation. Its buildings and outlook had not changed substantially since its start in 1910 after a temporary exposition about Belgian colonial activities in 1897 instigated by king Leopold II. The museum had become an icon of Belgian colonialism, and later an outright offensive institution. A part of the ethnographic collections of the KMMA can be consulted online, including the Stanley collection. Hopefully the drastic renovation can be completed, but anyway it seems wise not to reckon absolutely with the projected reopening in 2017.

What will happen exactly with all these institutions is not yet clear. It is necessary to look at both their physical and virtual existence. Federal support could be withdrawn or become less substantial in many ways. Flanders and Wallonie can boast cultural institutions with rich collections. The portal Numériques – BE: Images et histoires des patrimoines numérisés can bring you quickly to a selection of images from some thirty cultural institutions in Wallonie. Belgian Art Links and Tools is a portal guiding you to some 600,000 images concerning art in Belgium, and to several repertories. This portal has been created by the Royal Institute for Cultural Heritage, yet another threatened institution.

The Flemish heritage portal FARO – accessible in Dutch, French and English – is in my opinion a good starting point for finding out more about the different forms of cultural heritage in Flanders and news about them, be they digital, immaterial or very material. If you think digital collections will more easily survive, the actual absence of several links pages at FARO is a healthy reminder of the fragility of virtual existence and preservation. It is quite a feat to maintain a multilingual website, and thus it is a bit too easy to grumble about such problems! Luckily the page with links to several Flemish portal sites can be viewed, with due attention for initiatives in Wallonie, and there is also a general links selection in English. Among recent news items at FARO I saw an announcement about a masterclass on Food in Prison, held at Brussels on October, 16, 2014.

As for me I am genuinely surprised to learn much more about all these projects than i knew before. It serves me as a reminder that we Dutch are not always completely aware of what happens in Belgium, a sorry situation. Here I have tried to honour Belgium by creating in this post also a kind of nutshell guide to digital projects in the field of cultural heritage and legal history. Let’s support Belgian scholars and cultural institutions in their struggle to change the plans scheduled for the coming years, and help them finding the spiritual power and financial means to maintain existing activities and to work on new initiatives. These things will enrich Belgium and us more than any financial contribution can do, however welcome of course any support in hard money is.

Tracing Brazil’s legal history

Four years ago the world championship for soccer in South Africa gave me a perfect occasion to look at some online resources for the legal history of South Africa and other African countries. Looking beyond the lines of soccer proved to be interesting indeed. Only after watching many games of this year’s championship in Brazil the idea of writing about Brazil’s legal history surfaced at long last. In this post I will present a number of online resources for Brazilian legal history, and I will comment on some existing online guides for the history of Brasil. The result is a research guide which at turns can seem too long and at other points too compact.

For everybody interested in contemporary Brasil there are several excellent online guides. I would place the Brazilian page of the Latin American Network Information Center (LANIC) at the University of Texas at Austin first. The LANIC offers a separate page on Brasil’s government, law and politics. The Library of Congress has a splendid webpage on Brazilian law and resources for research, and also a compact overview of legal resources concerning the República Federativa do Brasil. The World Legal Information Institute, too, has a very detailed overview of Brazilian legal resources. Cornell University’s Legal Information Institute offers on the page for Latin America a useful standardized links list to legal and judicial institutions, including those for Brasil. The very detailed page for Brasil at Globalex (New York University) has not been updated since 2008. The Latin American Collection of Yale University Library provides a very generous general online guide to Latin American Studies. I would recommend in particular the online guide Pesquisa no Brasil / Researching Brazil, a project of the University of Indiana, Bloomington.

Brasiliana online

Where to start for finding digital resources for Brazil’s legal history? For this post I could start with the websites I put together during the past years on the page with digital libraries of my own legal history portal Rechtshistorie. The challenge for me when creating this page was to offer not just a few websites easily found by using the world’s major search engines. Instead of just a links list I add to every link concise information about content and scope of a website. It can be a considerable effort to find relevant resources for a particular country. Some Latin American countries still do not figure at all on this page. The lacunae are made somewhat smaller by including also a number of websites and projects dealing with Latin America in general. It is useful to start with them here.

The best starting point for looking at Brazil’s legal history might be the impressive Portal Euroamericano de Historia y Antropología Jurídica, an initiative at the Universidad de Girona. This portal to legal history for the Iberian peninsula and Latin America has interfaces in Spanish, Catalan, Portuguese and English. However, the digital library at this portal has only four titles concerning Brazil, and with just two links to university departments in Brasil the links selection is distinctly meagre. The University of Maryland has created the Early Americas Digital Archive, with both its own archive of digitized texts and a gateway to online texts by authors writing about North and South America from 1492 to 1820.

The historical constitutions of many Latin American countries can conveniently be found at Constituciones Hispanoamericanas, a part of the Spanish portal Biblioteca Virtual Miguel de Cervantes, with also a section devoted to legal history and jurisprudence. However, Belize, Brasil, Haiti, Jamaica, Suriname, Guyana and French Guyana are excluded at this portal for Latin American constitutions. If you prefer reading the English translations of these constitutions you can quickly find the major portals for online constitutions using the same page of my website, The Constitution Finder of the University of Richmond Law School has not only the Brazilian constitutions of 1824, 1891, 1934, 1946, 1967 and 1988, most of them in Portuguese, but also the current constitutions of the estados that form the Federal Republic of Brasil. At Verfassungen der Welt you can also find the 1822 constitution of the united kingdoms of Portugal and Brasil (1815-1822). The portal Legislación Histórica de España created by the Ministério de Cultura, Madrid offers a database with digitized Iberian and Latin-American legislation, but countries outside the Spanish empire are excluded. At Bicentenario de las Independencias Iberoamericanas, a website created by the portal for Spanish archives for the bicentennials of the independence of several Latin American countries, Brasil has been included. For nearly ninety institutions information is provided about their archives and the resources concerning the Brazilian independence (1822).

Let’s not be deterred by some projects which were only less useful for this specific subject, and continue this overview. The Biblioteca Digital del Patrimonio Iberoamericano is a project of the Biblioteca Nacional de España and several national libraries in Latin America, with mainly manuscripts, drawings and old maps; Brasil’s Biblioteca Nacional in Rio de Janeiro contributes some 19,000 items. This portal can be viewed in English, Spanish and Portuguese. The German gateway Cibera, Virtual Library Latin-America/Spain/Portugal, is very useful for any research on Latin American subjects; here, too, you can choose your language, German, English, Spanish or Portuguese. Its subdomain Iberolinks offers a guide to relevant websites, with some 260 websites for Brasil. The Latin American Pamphlet Digital Collection of the Widener Library, Harvard University, is one of the few digital collections presenting digitized pamphlets from this region.

With the portal Memórias de África e do Oriente we are finally sailing directly into the history of the former Portuguese colonial empire. Alas the project team could not get a specialist for Brazil, which clearly led to a rather thin Brazilian presence. Africa is the focus of this project at the Universidade de Aveiro. At this portal you will have to search for Brasil among the more general resources. A notable exception are the five volumes of the Monumenta Brasiliae, Serafim Leite (ed.) (5 vol., Rome 1956-1968), a source edition for the history of the Jesuits in sixteenth-century Brazil. Of course the Biblioteca Nacional Digital of the Biblioteca Nacional de Portugal in Lisbon should not be forgotten, if only already for the digitized maps and images. Among the several Portuguese digital libraries the website Ius Lusitaniae of the Universidade Nova de Lisboa offers a relatively small but useful selection of historical legislation and other legal works which also touch the Portuguese overseas empire.

Digital collections in Brasil

Logo Biblioteca Nacional DigitalThe Brazilian Biblioteca Nacional has created a large Biblioteca Nacional Digital. Apart from digitized books you can also follow themes in a series of dossiers, in particular A França no Brasil / La France en Brésil. The cultural heritage portal Rede da Memória Virtual Brasileira is a general portal for digitized heritage, with initially only among the political items some subjects related to law and justice. As a Dutchman I was nicely surprised by the page on the Dutch period in Brasil centering on Pernambuco Holandes. You can find here a digitized copy of Caspar van Baerle ‘s (Barlaeus) illustrated book Rerum per octennium in Brasilia (…) gestarum (Amsterdam: Blaeu, 1647) about the Dutch presence in Brasil during the second quarter of the seventeenth century, one of the most important early historical accounts by a European author. Together with the Brazilian national library the Library of Congress has created the bilingual portal United States and Brazil: Expanding Frontiers, Comparing Cultures / Brasil e Estados Unidos: Expandindo Fronteiras, Comparando Culturas which brings you to digitized books, maps, prints, and much more. Here, too, the Dutch period comes into view. The Universidade de São Paulo has created Brasiliana USP, a general digital library with some juridical works, but you can also use Obras Raras e Especiais, the digital library for rare and old books of this university. You can find here for instance the issues for 120 years (1893-2013) of the legal review Revista da Faculdade de Direito de São Paulo.

Several Brazilian parliamentary and judicial institutions have created digital libraries, too. The Câmara dos Deputados has got a Biblioteca Digital with a section for obras raras, rare books. The Suprema Tribunal Federal, the Brazilian constitutional court, has not only its own digital library, but also the Julgamentos Históricos, a selection of verdicts pronounced by this tribunal starting in 1891, and also for the Supremo Tribunal da Justiça (1829-1891) and the Casa da Suplicação (1808-1829). The Supremo Tribunal da Justiça is the supreme Brazilian court for non-constitutional matters, with again its own Biblioteca Digital. Another digital library, the Biblioteca Digital do Superior Tribunal de Justiça, contains also information from its own museum. The Senado Federal, Brazil’s senate, has a digital library and a digital collection of its debates; unfortunately the digitized series of the Anais do Senado Federal has got lacunae.

Header Códiigo Brasiliense

Outside Brasil some libraries offer very substantial digital collections concerning the history of Brazilian law and government. The John Carter Brown Library at Brown University has digitized its copy of the rare Código Brasiliense, a three-volume collection of Brazilian laws printed between 1811 and 1822. In the Internet Archive this library has placed some 1,600 titles of their Portugal and Brasil collection. The ordering at the Internet Archive of the collections from the John Carter Brown Library is very practical. The Center for Research Libraries (CRL) in Chicago has created the collection Brasilian Government Documents, with provincial and presidential reports, presidential messages and the Almanak Laemmert, the yearly guide of the Brazilian government. The CRL has more materials for Brasil’s legal history. Within the LAMP project (formerly known as the Latin American Microform Project) materials concerning Brasil take a large place. The guide to LAMP collections mentions the Abdias Nascimento Collection. The archival collection of this artist, scholar and politician has been digitized at Ipeafro, the Instituto de Pesquisas e Estudos Afro-Brasileiro at Rio de Janeiro.

A grim note is struck by the project Brasil-Nunca Mais (Never Again) which documents in 538 microfilm reels court documents about the trials against civilians at the Superior Tribunal Militar, the Brazilian Military Supreme Court, between 1964 and 1979. During detention torture was used among other humiliating and inhuman forms of treatment which violated human rights. The project website gives access to a substantial number of digitized records about these trials and violations.

The Brazilian digital libraries mentioned until now are almost all present at my website. On the page for museums and legal history I included the Museo do Crime at the Academia de Policia in São Paulo. At the moment of creation of that page I could not find a functioning website for this museum. In fact there are both a Museo do Crime and a Museu de Policia Civil, with alas for both no website. However, the Museo do Crime is present at Facebook.

At this point it is wise to note that more than hundred Brazilian digital libraries and repositories are harvested by BASE, the Bielefeld Academic Search Engine with now well over 3000 contributing institutions. You will forgive me my smile when I visited a website with the proud title Guide to the legal history of Brasil, an offspring of Law of Brasil. The guide with just one page gives only an overview of the distinct periods of Brasil’s history since the Independence of 1822, without any reference to sources in print or online. The mobile app LookHistória gives you nearly more. The constitutional changes in Brasil, starting with the constitution of 1824, are very important. Brasil changed from an empire into a republic, followed by a military dictatorship after the 1964 coup, and again a republic.

Online guidance for pesquisadores no Brasil

Header Nuevo Mundo

From an earlier post here I remembered an online guide for doing Latin American research in Paris. The online journal Nuevo Mundo / Mundos Nuevos exists since 2001. On its website, accessible in four languages, much more is offered than just a regular online journal. The Guia del investigador americanista, the section with online guides started in 2006. Here I will focus on those guides directly relevant for Brasil. Of course it is wise to look also at guides to resources in major European and American cities, but including them here would take too much space. When you choose the guide for research in Amsterdam (2009) you should remember that you can find much at Leiden, too. After the first guide for Brasil in 2009, Fuentes para la historia colonial de Brasil en los archivos españoles by María Belén García López, a second guide edited by a team of authors, the Guia do pesquisador americanista no Brasil appeared in 2011,

NuevoMundo’s guide to resources for Brazilian history in Spanish archives is all that you can wish for such a guide. It offers lots of information about the fondos of a great number of archives, with an additional bibliography of guides and archival inventories. The links to the websites of these archives are not included, but you can find these and much more rapidly at the Portal de Archivos Españoles (PARES). PARES offers also online access to digitized archival records held at a number of major Spanish archives.

Logo Centro de Memória Amazônia

The 2011 guide at NuevoMundo gives a full treatment of a wide variety of cultural institutions and their holdings, including information about their virtual presence. A quick scan of its contents leads you to a small number of digital libraries and archival collections. The Centro do Memória de Amazônia in Belém has digitized documents from some 130 inquisitorial procesos held between 1536 and 1821. The second digital library with historical resources has been created by the Biblioteca Octávio Ianni of the Universidade Estadual de Campinas (UNICAMP). The section Obras Raras of the Biblioteca Digital da UNICAMP contains 44 titles of travel accounts and historical works, among them Barlaeus’ book from 1647.

A third guide at NuevoMundo focuses on research facilities in Rio de Janeiro. In 2012 Sílvia Capanema P. de Almeida and Anaïs Fléchet published their online guide in French, Guide du chercheur américanista à Rio de Janeiro. A single example should show the merits of this guide: the Fundação Casa de Rui Barbosa focuses on the Brazilian lawyer, politician and author Rui Barbosa (1849-1923); a number of his manuscripts is kept at the Academia Brasileira de Letras. The foundation’s website has a section with the Obras Completas of Rui Barbosa, but you can find here much more.

Logo Memórias Reveladas

NuevoMundo puts you even more in debt with their Americanist Links selection, with a generous variety of archives, libraries, research institutions, journals, blogs and other websites. Here I spotted the website Memórias Reveladas (Memories revealed) documenting political strife in Brasil between 1964 and 1985. Its database is hosted by the Arquivo Nacional. The Brazilian national archive has also created the base de dados Acervo Judiciário do Arquivo Nacional. The Dutch period in Brazilian history will eventually be covered by the Arquivo Nacional in an online Guia de fontes para a história da Holanda e dos holandeses no Brasil, which you can consult in five languages, including Dutch. Alas this project seems not yet to have left its infancy. Anyway, the website of the Arquivo Nacional brings you at least to many other relevant links. Among the links listed at Nuevo Mundo I would like to mention the virtual exhibition Os Índios na Historia do Brasil and the REDIAL (Red Europea de Información y Documentación sobre América Latina). At the website of The Atlantic Slave Trade and Slave Life in the Americas: A Visual Record (University of Virginia Library) you can find numerous images of slavery in Brasil.

Looking for more resources

How wide can you cast your net to find anything relevant and useful? The results of further searches for digital resources concerning Brasil surely do not fit in this post. The journal NuevoMundo has a companion blog, Nuevo Mundo Radar, with regular alerts to new projects and websites. An example to make you curious: at the Vanderbilt University the portal site Ecclesiastical and Secular Sources for Slave Societies covers four countries. It has a substantial section with documents and maps from Brasil, and of course links to more projects, for instance within the Endangered Archives Project of the British Library.

Nuevo Mundo Radar gives me a welcome metaphor to describe the way it is possible to detect new digital resources. By the way, legal historians should know another radarlike web harvester, the Criminocorpus Radar for French criminal history. Actually both websites contain posts written by scholars. Only in sections with continous updates some automated functions (“bots”) bring you the latest information. By combining forces and by breaking through linguistic barriers it becomes possible to have a more global view of matters on a local, regional and national scale. Brasil is not far away anymore. Its history is in many ways connected to and influenced by Europe. The largest country of Latin America has a history and importance that deserves more attention.

A postscript

I received some nice reactons to this post. Some of them brought me back to soccer. The German law portal Virtuelle Fachbibliothek Recht at the Staatsbibliothek zu Berlin-Preussischer Kulturbesitz send out a tweet – @vifarecht – with the witty description weltmeisterisch for my words! During the championship Germany and my country triumphed over the Brazilian eleven. The Dutch proverbial saying goes that soccer is a play of eleven against eleven, and in the end Germany wins. I should honour German scholars by pointing to the Max-Planck-Institute for European Legal History in Frankfurt and their graduate school for Ibero-American legal history, with its own newsletter, list community, and to start a webpage available in five languages. In the graduate school the institute works together with scholars from Argentina and Brazil. This year’s summerschool of the International School of Ius Commune at Erice (September 30-October 4, 2014), organized by the Università di Catania, has as its theme Spanish and Italian jurists and their work in the New World.

Research into the history of the Dutch in Brazil is much helped by the series Mauritiana, named after Maurits of Oranje, Governor General of Dutch Brazil. Each bilingual volume has as it main title Brazilië in de Nederlandse archieven (1624-1654) and O Brasil em arquivos neerlandeses  (1624-1654)[Brazil in Dutch archives, 1624-1654], and until Marianne Wiesebron was the author or co-author of all volumes (vol. 1 (2004) published by the Leiden Research School CNWS, following volumes by Leiden University Press).

Redesigning a gateway to legal history

In 2009 I started with a website dedicated to legal history, Rechtshistorie. Rechtshistorie is one of the two Dutch words for legal history, the other one is rechtsgeschiedenis. For me these two words stand as a symbol for the eternal changing appearances and forms of legal history. It is perhaps a truism, but there is no such thing as the legal history of any period, country or juridical system or phenomenon.

Etymology is not my favorite aspect of language, but it is certainly interesting to play with the roots behind the two Dutch terms. In rechtshistorie the element historie is very close to the English and original Greek word for history. Historein (ιστορειν) in classical Greek means do research into, to investigate something. The word rechtsgeschiedenis has as its root the verb geschieden, “to happen” (compare the German verb geschehen). Geschieden has a more pregnant, indeed biblical sense than the more common Dutch verb gebeuren. Things and events connected with the verb geschieden have great impact and significance than ordinary actions. Legal history is not just a hobby-horse, a gadget of people who happen to be interested in the past or only something for people who we like to label as conservative. Legal history is part and parcel of history at large, and not just a minor element on the fringe of human affairs, but more often close to the heart of the matter.

This week a technical issue behind the scenes of my website became suddenly urgent. Four years ago my website was off-line during a week. While working on a solution it became already clear that sooner or later I had to redesign a major feature of Rechtshistorie, the switchable menu in Dutch and English which helped creating its bilingual character. The former bilingual menu is not longer compatible with the new machinery inside the website. I have to choose a new menu tool from numerous options that will at least work as smoothly as the old one, preferably even better, and of course it will have to run easily with future updates.

A new look for Rechtshistorie

As for now I have installed a very simple new look for Rechtshistorie, with only an English version. Apart from the bridge shown in the header the other header images will reappear, too. The Dutch version is ready for its relaunch, but first a new menu has to be tested and tuned. I will look into possibilities to test off-line in order to avoid troubling any visitor with my experiments. As a consequence I cannot maintain here the same current publishing rhythm with at least two posts every month. At the same time I have to adjust also the layout of the blog I started last year about medieval juridical glosses, Glossae, and to add new posts to it which are long overdue. To the new look of Rechtshistorie I have added a subtitle, Op weg met rechtsgeschiedenis / A gateway to legal history. If you look closely at the screen print above you can read a slightly different first version of the Dutch subtitle, Op weg in de rechtsgeschiedenis, “On road in the legal history”. Using an article to create a unified form of legal history remains seducing!