Category Archives: General

A choice of languages

The new navigation menu at Rechtshistorie, 2015

A year ago I wrote here about my efforts to repair the bilingual interface of my website Rechtshistorie. Due to a technical problem caused by the very progress of the engine behind it the navigation menu offering access in both English and Dutch had broken down definitely. I decided not to test online possible successors to the defunct multilingual tool, but to try things first on a standalone computer. You can imagine me sifting the advertisements of promising tools, making them work or deciding to go elsewhere instead of creating havoc, and facing solutions that either looked bad or could be handled only with the utmost care and precaution. During the past twelve months I did copy all changes and additions in the English version also into the Dutch version.

This weekend I have finally launched a new multilingual menu that seems to me easy to use and maintain. The language switchers are now part of the navigation menu. I have deleted the menu in the right sidebar. When you hover over the menu items pages linked to them will show themselves as before.

Preparing the future

My plans for further pages are not sleeping in a drawer! Such new pages are often a sequel to posts on my blog. Many changes and additions stem from blog posts, too. However, it takes time to prepare these new pages, not just for the research involved, but also for creating a lucid presentation that does justice to a subject.

The last major change on my website is the new order of presentation on the page for digital libraries. In the past I presented digital libraries from some seventy countries in alphabetical order. I have created a new version where you can find countries on their respective continents. The major benefit is easier navigation to a particular country, and a better view of the relative and absolute prominence of digital libraries in particular regions of the world. A major drawback is the preponderance of information about European countries, now much more visible. More than twenty of the seventy countries covered are in Europe. In my defence I would like to consider the fact that you will feel hard pressed to find similar overviews elsewhere. The challenge in creating my overview is for many countries to find anything which really should be included here. Any useful additions are most welcome!

The situation on my page with virtual exhibitions is roughly similar to my digital libraries page. Here the number of countries is not yet as large to make a reordering necessary. Lately I have added a number of links to interesting virtual exhibitions. Especially as a teaching tool or for the first reconnaissance of a theme or subject virtual exhibitions can be most useful. In fact some virtual exhibitions are explicitly meant to be companions to text books.

Logo Pro Memorie

I am sorry that I have to conclude here with an announcement about Rechtsgeschiedenis, the partner website of Rechtshistorie. The content management system behind this website of the Foundation for Old Dutch Law showed all kind of defects, and it had to be taken down. The essential information about the foundation will eventually reappear, either at the new website for its scholarly journal Pro Memorie. Bijdragen tot de rechtsgeschiedenis der Nederlanden or at a renewed version of Rechtsgeschiedenis.org. Uitgeverij Verloren, the publisher of Pro Memorie, will start this year with digitizing older issues. Let’s hope that Dutch legal historians will soon succeed in reviving and renewing their website, or that they will build a basic website around the journal. The example of the Flemish website for legal history at Ghent will surely be a spur to create a new web team and work together closely with legal historians in Belgium.

Everything but law? On revisiting portals for medieval studies

Logo Reti MedievaliHowever vast the variety of all possible sources of information on Internet, and however strong the seduction of One Tool to Find Them All, there has always been a need for gateways and portals to find your way to specific subjects. The field of medieval studies has been lucky to benefit since many years from some great virtual portals and gateways. Some have become my favorites, others I visit only rarely. Lately I realized I use at Reti Medievali only the Calendario, its calendar of scholarly events for searching events linked to legal history which I gather at the congress calendar of my blog. Reti Medievali translates literally as “medieval nets”, because the information of this portal is literally located at a number of separate websites. Can you fetch in medieval law with any of these nets? How does Reti Medievali compare with some other portals and gateways? At least some parts of Reti Medievali can be viewed not only in Italian, but also in English, French, German and Spanish. In the second part of this post I will look at a most valuable contribution to the history of medieval law, the online version of a multi-volume publication published last year. For me its presence at Reti Medievali was a welcome trigger to have a broader look at this portal, to write about it and to compare it with some of its companion portals.

Fishing the seas of medieval studies

Reti Medievali (RM) started in 1998 as an initiative of scholars at five Italian universities to support and unite medieval studies both in the real and the virtual world. RM has even its own society. Since 2001 RM worked also with scholars outside Italy. Nowadays you might see Reti Medievali as a fleet, with on its ships a library, an events calendar, teaching tools, e-books, essays, an internet guide for medieval studies and its own online journal. At RM the section RM Memoria has the least transparent title, but it offers a concise bibliographical introduction to the medieval history of Italian regions and a number of Italian medievalists, and also a small section with three medievalists from abroad and a corner for medieval Spain. Among these scholars are some famous legal historians, for example Carlo Guido Mor, Pietro Torelli and Giovanni Tabacco. Reinhard Elze figures among the three non-Italian medievalists.

My first port of call at Reto Medievali should be the Repertorio. Here you can find at a general level overviews of the situations of medieval studies in eight countries, an overview of scientific journals, and nearly thirty introductions on a number of subjects and themes. Each introduction contains a – sometimes elaborate – sketch on its subject, and then proceeds to relevant sources in archives and libraries, editions, online resources, and closes with a bibliography. Legal history is certainly present here. The report by Riccardo Rao on Le risorse colletive nell’Italia medievale (2007) deals with recent scholarship about communal goods and several forms of medieval commons; Italy gets the main focus, but Rao provides also some references to other countries. Primo G. Embriaco dealt in 2006 in a similar way with the Regnum Italicum and with the power of lords in Italy from the ninth to the thirteenth century. In both introductions he mentions law at a few turns. Enrica Salvatori only mentions statutes in her essay on La civiltà comunale italiana [The civilization of the Italian comune], and apart from the useful references concerning municipal statutes law is nearly absent as a primary subject. Anyway, updating this introduction written in 2003 would be sensible. Tommasso Duranti gives an introduction to late medieval diplomacy (2009), and Nicola Lorenzo Barile deals with Credito, usura, prestito a interesse [Credit, usury, loan with interest] (2010). Reti Medievali could score much higher here if they had not presented the general theme overview with a plugin that your browser might not support in any language version. Translating the titles of the contributions for a number of items within the general scheme would be a most desirable and not too difficult service.

A tour of medieval portals

Instead of being content with such criticisms I prefer to look now first at some other well-known portals and see whether they give more space, a wider view or a more up-to-date treatment of matters concerning medieval law and justice.

Logo MénestrelCan the minstrel of the French portal Ménestrel convince us to visit it regularly for information about medieval law? Luckily there is an English version of many pages, or at least an introduction in English, and in some cases a clear promise to translate particular pages. Ménestrel started as an offspring of the journal Le médiéviste et l’ordinateur (1979-2007), one of the earliest journals concerning the use of computers for medieval studies. Ménestrel wisely admits it will not try to outdo websites which fulfill all possible wishes about a subject, but instead this portal will refer to them. Alas this promise is not kept for the field of medieval law. Although this subject does show up many time when you use the free text search (droit) there is no attempt for a general overview. However, implicitly you can reach legal subjects by looking at the auxiliary sciences (palaeography, codicology, diplomatics) and some of the classic sources such as charters and cartularies. These sections rank with the best guides in this field. In its early days there was a fine section on medieval canon law maintained by Charles de Miramon (Paris, EHESS). but eventually this section was removed. Among the few spots at Ménestrel with space for ecclesiastical law was the section on histoire religieuse, but alas that section, too, is now defunct.

As a ray of light is the recent inclusion at Ménestrel of juridical documents in the section for Paris médiéval. In the section with documents you can learn about documents normatifs, sources such as ordinances, and sources judiciaires, in particular sources about the judiciary, but strangely also customary law. However great or small these deficiencies at Ménestrel, it is great to have this guide to medieval Paris. Ménestrel is wonderful for its country overviews of medieval studies and the overviews of archives and manuscripts, and there is also a section on teaching medieval history.

Logo MediaevumAt the German portal Mediaevum, the great online gateway to medieval Germanic languages, it is only in the large section for dictionaries (Wörterbücher) that legal matters come to the surface. Gerhard Koebler (Innsbruck) has created online versions of several of his dictionaries, among them one for medieval High German (Mittelhochdeutsch). Koebler’s website is a veritable portal to Germany’s legal history. Of course Mediaevum mentions the Deutsches Rechtswörterbuch, a project described here in a post last year. A promising link to a bibliography about Jews in medieval Europe is actually broken, but I did arrive at the Arye-Maimon-Institut für Geschichte der Juden (Universität Trier) and at a project led by Christoph Cluse concerning Medieval Mediterranean Slavery which does contain both a bibliography and a bibliographical database.

Logo ORB

There are several medieval portals with an exclusively English interface. The ORB (Online Resource Book for Medieval Studies) is one of the oldest still working portals. For this portal Brendan McManus created a concise section for medieval law, with reference to online version of Roman law texts, bibliographies for Roman law and canon law, and some links. The Labyrinth (Georgetown University) used to be a substantial gateway to medieval studies, but in its present clear design it is just a web repertory with commented links, lacking law as a general category. The number of relevant law links to be found with a free text search is meagre. Some links lead to the Medieval Sourcebook (Fordham University). This university in New York has placed this project conceived by Paul Halsall on a legacy subdomain, but you can still find here a splendid selection of sources in English translation for many subjects and themes, including medieval law and justice, for example about feudalism; the introductions, too, are interesting. However, The ORB and The Labyrinth do not attempt at covering the whole field of medieval studies. You will look in vain for an events calendar, a discussion forum or an online journal.

Logo Netserf-Law

This parade of American portals for medieval history would not be complete without NetSerf, a classic web repertory for medieval studies. Its choice of general subjects is balanced, and every link is accompanied with a concise introduction. The section on medieval law has a main overview and seven subsections, one for documents and the six others for barbarian laws, criminal law and punishment, canon law, Roman law, the English common law and Spanish law. Some pruning might be needed. A nice example is a Carolingian capitulare, a law from 802 figuring among the “barbarian laws”, the “national laws” published within the territories of the Roman Empire between roughly 400 and 750 A.D. Thanks to further subdivisions the section on the medieval period English common law is thoroughly useful. The cross-references are often helpful, and NetSerf is certainly worth visiting.

Let’s not forget here the Online Medieval Sources Bibliography which often mentions translation, too. I should have added this reference to my recent post about digitized manor rolls at Harvard Law School, because in this resource you can search directly for editions of particular types of documents. The Avalon Project at the Lillian Goldman Library of Yale Law School has in its section for medieval documents (400-1399) some thirty legal documents and sources, most of them in English translation.

I would have been most happy to show you here a portal to medieval studies from the Netherlands and Belgium, but alas I cannot give you an unqualified example. The website of the Onderzoeksschool Mediëvistiek, the Dutch research school for medieval studies is strong in bringing news and information about scholarly events, as is its Flemish counterpart, the Vlaamse Werkgroep Mediëvistiek. The Contactgroep SIGNUM deals with the social, economic, legal and institutional history of Dutch and Flemish ecclesiastical institutions, but even the fine list of web links does not make this website into a portal site. The Francophone medievalists in Belgium have surely their useful society blog, and also the well-informed L’agenda du médiéviste, but as for now they have not yet launched a portal.

Banner Mittelalter blog

In Germany you will find in particular online tutorials for medieval history, for example Mittelalterliche Geschichte (Universität Augsburg), an online tutorial at Tübingen, and a Leitfaden Mittelalter at the e-Studies website of the Universität Köln. Within the Hypotheses network of scholarly blogs the Mittelalter blog has quickly gained a central role. This blog is close to current scholarly events and contributions. In a tree structure for scholarly disciplines at this blog legal history gets a niche in the section for Spezialgebiete (“special areas”), together with the history of medieval philosophy, religious orders and prosopography, surely nice company, but also a bit surprising. This tree has some other remarkable juxtapositions which gives you food for thought. Whatever you might think about this blog with its substantial blog roll, Martin Bertram did not hesitate to publish here last year an article about legal quaestiones from mid-thirteenth century Paris.

The results of this quick tour from a particular perspective are relatively clear. Ménestrel offers scattered information about legal history, but it almost turns the balance with the sections for the auxiliary sciences and its most valuable online guide to medieval Paris where legal records get judicious space. Mediaevum offers less relevant links than Ménestrel, but some of them are really useful. Thanks to its concise sections on medieval law the ORB Net scores better than the Labyrinth. NetSerf scores nicely with its section on medieval law which brings you to further sections with links, basic comments and cross-references. Paul Halsall’s Medieval Sourcebook and Yale’s Avalon project have both substantial attention for medieval legal history, and often they give you quick access to translation in modern English of important legal sources. A round-up of Dutch and Belgian websites did not add much to this tour, although all of them have at least one useful element. In Germany we saw a number of online tutorials for medieval history. The tree structure of the important Mittelalter blog left us somewhat bewildered about the role it accords to legal history.

Summa summarum

At the end of this post I bring Reti Medievali again into view. In my opinion this portal shines out for the sheer range of sections and approaches. Mediaevum is perhaps even better, but it is restricted to the Germanic languages and literature. Ménestrel satisfies many needs and it is strong on some fields with traditional importance for legal historians, but a general section about medieval law is sadly lacking, as are pointers to better resources. The absence of legal history is precisely more visible because the sheer width of disciplines is stunning, and some of these sections are truly superb. Italian medievalists can benefit for the auxiliary sciences from the Scrineum project at the Università degli studi di Pavia, and thus it does not matter so much that the Repertorio of Reti Medievali does have only one section from 2003 on this subject.

I f you create a grid with a number of fields for elements at these portals, such as sections for various disciplines with guides and bibliographies, an event calendar, news, a blog, a digital library, teaching tools and a scholarly journal, preferably in open access, you can quickly see which portal meets most demands. Even though it does not offer you everything in this list, Reti Medievali trumps the other portals when you look primarily for sheer width. Of course I realize that you will often go from one portal to another, and in fact I have set out here how to do this for medieval legal history. RM has a digital library and an online journal, RM Rivista appears since 1999. This journal is supported by Firenze University Press which publishes more journals in open access.

RM e-Book, the series of digital publications, is published also in cooperation with FU Press. The twenty books so far published in open access often touch upon subject related to legal history. Political history, political theory and the interplay between secular and ecclesiastical powers are the main subjects. No. 19 of the series is in itself reason enough to start having a closer look at RM, and in fact this spurred me to start writing this post. The four volumes of Honos alit artes. Studi per il settantesimo compleanno di Mario AscheriPaola Maffei and Gian Maria Varanini (eds.) (2014) are a Festschrift for one of the most versatile contemporary scholars in the field of legal history. These laudatory volumes for Ascheri (1944) deal not only with medieval Italy, but also with towns and cities in Early Modern Europe, the cultural dimensions of the history of law in Europe, and also contemporary law and institutions in Europe and America. The overview of the contents will reassure you immediately of the presence of contributions in English, German and French side by side with articles in Italian. Medieval consilia, Siena and Tuscany, to mention some of Ascheri’s beloved themes, are often addressed by the authors, but in fact you will find articles touching many corners of Europe. The online versions are not just helpful for everyone without access to the printed version, but give you the possibility to search quickly for your own favorite themes and subjects.

The gist of my post is clear: instead of staying with one portal it can be most useful to look elsewhere, sometimes for specific questions, sometimes because of sheer curiosity or the expectation of interesting news just outside your normal fishing grounds. In my experience you will surmount the difficulties of other languages whenever your interests are really awakened. When you come back from one of these portals you might turn to the mighty volumes of the great Festschrift for Mario Ascheri, and find at every turn new aspects of medieval and later legal history. The four volumes build an impressive plea for the importance of legal history, meriting not just a room of its own in the mansions of history, but more convincingly as core connections between periods, subjects and themes.

Gathering all strengths for Nepal

Stay strong Nepal - ANHS-HimalayaSince Saturday the first news came about the major earthquake that hit Nepal its sheer size and impact become slowly more visible. You can follow the international news coverage for example at the dedicated earthquake page of the Nepal Research portal. On Tuesday some Dutch people who had been in Nepal returned and told on television about their experience and the situation in particular regions and locations. On Wednesday it was announced that the Netherlands would be charged with coordinating the relief efforts. Because of the immense number of airplanes now coming to Kathmandu it is often not possible to land or to fly away from Kathmandu Airport. In this post I will try to create a succinct overview of major online resources for contemporary Nepal and resources concerning its history and culture. The damage done to historic buildings is just one of the things affecting the people of Nepal.

Last week I did by chance search for online resources for legal history in Asia. It took me some time before I became convinced that it is useful to give here such an overview, because it took me a lot of time to find information and resources. You might ask yourself what is the use of digital libraries and collections in dealing with the impact of an earthquake. One can point to the Virtual Disaster Library of the Pan-American Health Organization and the WHO Health Library for Disasters, to mention just two examples. The availability of resources, be they material goods or information in print or online, and the presence of trained people at the locations with the most casualties and the greatest damage will make a huge difference. You will notice, too, that I have included at some turns legal materials and materials related to Nepal’s legal history, because this subject serves at this blog as the starting point for any contribution.

Access to resources about and from Nepal

The Library of Congress has among its country studies a guide to Nepal, but unfortunately this study dates from almost twenty years ago. The study can also be found on the website for country studies. Luckily the Law Library of the Library of Congress has a selection of links to more up-to-date information about Nepal. The LoC’s Global Legal Monitor show current legal information. Globalex (New York University) has probably the most extensive overview of the contemporary legal system in Nepal, with some attention to the history of this country. The Asian Legal Information Institute offers online access to Nepali legal resources. The United Nations started in 2014 with an information center in Kathmandu.

Nepals legal history

In Nepal the Nepal Law Commission, too, has put legal materials on its website, including historical constitutions, laws, treaties, statutes, bylaws, rules and regulations, to be found under the heading Documents – Law Archives. However, this website has not been updated since 2011. In her selective bibliography at her blog South Asian Legal History Resources Mitra Sharafi (University of Wisconsin) mentions just two items concerning Nepal, both by Mara Malagodi, Constitutional Nationalism and Legal Exclusion: equality, identity, politics, and democracy in Nepal (1990-2007) (Delhi: Oxford University Press, 2013) and an article, ‘Ivor Jennings’s Constitutional Legacy beyond the Occidental-Oriental Divide’Journal of Law and Society 42/1 (2015) 102-26. Last year Sharafi published Law and Identity in Colonial South Asia: Parsi Legal Culture, 1772-1947 (Cambridge, etc., 2014). As for recent studies about Nepal it is good to mention John Whelpton, A History of Nepal (Cambridge, etc., 2005) and Sebastian von Einsiedel, David M. Malone and Suman Pradhan (eds.), Nepal in Transition. From People’s War to Fragile Peace (Cambridge, etc., 2012). It can do no harm to use the compact information about Nepal and its history compiled at WHKMLA, and you will find there a number of links, too. A good look at relevant Wikipedia articles can bring you much information, too.

Digitized books and open access

A number of websites in Europe and the United States give access to digitized books and documents dealing with Nepal. The section Ostasiatica of the Staatsbibliothek zu Berlin has digitized some 50 works about Nepal. In the Hathi Trust Digital Library you have full access to some 70 books. A number of digitized items at Digital Himalaya deal with Nepal, in particular for maps, in the Rare Books section and the section for research journals. Among these journals is the very important Regmi Research Series, with translation of some Nepalese constitutions and other legal materials, and both an English-Nepali and a Nepali-English dictionary. You can also consult the 2001 census of Nepal, and last but not least benefit from the very substantial links collection crowning this digital portal. Cornell University, too, has digitized the volumes of the Regmi Research Series with documents in translation, and Cornell has also digitized a number of Nepali text books. At Cornell the department of Asian Studies has created its own selection of relevant links. Old Maps Online helps you find you without delay a great number of relevant historical and also more recent maps held in twenty libraries from many countries showing Nepal, Kathmandu and other locations and regions within Nepal.

At Southeast Asia Visions, yet another Cornell website, you can find 350 digitized Early Modern travel accounts concerning this region. As for scholarly journals from Nepal, you can access a number of open access journals for Nepal through DOAJ (Directory of Open Access Journals) or go directly to Nepal Journals Online. By the way, I did find nothing touching specifically on Nepal in a first quick search in the companion Directory of Open Access Books, but maybe other search terms will bring you more. In the OAPEN Library, another open access initiative, I could find at least some studies about natural disasters. When you use the forces of the advanced search mode at BASE (Bielefeld Academic Search Engine) you can find a substantial number of recent scholarly articles and books about and from Nepal, but also older works. BASE works with some 3,500 repositories all over the world. Only four of them are in Nepal, and only Nepal Journals Online is now up and running. The blog The Himalayas and Beyond, too, helps tyou o track current research.

The telling images

Header Nepal Picture Library

Images say more than thousand words, and in this respect one of the most important links at Digital Himalaya is to the Nepal Picture Library where you can find a number of photo collections. Digital Himalaya also mentions a project at Brown University, Providence, RI, with images of Buddhist mural paintings in three monasteries in Mustang in a Tibetan region of Northwestern Nepal. It is also useful to look at the resources of the Tibetan and Himalayan Digital Library, although naturally the focus is strongly on Tibet.

Not just one language

One of the problems in helping Nepal is the variety of languages. Nepali is the main language, but in a number of regions other languages are used. The French project Langues et Civilisations à Tradition Orale (CNRS, Paris) deals with eight languages in Nepal. In Leiden the International institute for Asian Studies, too, has shown interest in some languages spoken in Nepal. Another major research institution, the School of Oriental and African Studies (SOAS) in London, supports the Endangered Language Archive. SOAS, too, has a useful selection of relevant links for South Asia. For Nepal one can find in this selection in particular the Hindi Script Tutor which helps you learning the Devanagari script used also for Nepali, and a link to Mountain Voices with texts and translations of interviews, amounting also to an important resource for oral history. The Digital South Asia Library (University of Chicago) is in particular helpful with its repertory of online dictionaries for languages in South Asia and the overview of bibliographies, with among them also Chicago’s South Asia Union Catalogue.

Manuscripts and documents in Nepal

The past days I have not succeeded in getting access to the website of the Nepal National Library in Kathmandu. The Kaiser Library in Kathmandu has considerable historical holdings. A number of collections in Nepal has been the subject of projects sponsored by the Endangered Archives Project (EAP) of the British Library, mainly in cooperation with the Madan Puraskar Pustakalaya (MPP) in Lalitpur. EAP aims at conserving, describing and digitizing fragile and threatened archival collections, documents and manuscripts. EAP 066 dealt with some 50 periodicals and 140 monographs. EAP 166 was a project concerning some 6,500 rare negatives and photographs in two collections at the MPP. In EAP 171 a pilot study was conducted at the SOAS for Nepali manuscripts from the eighteenth to the twentieth century. EAP 272 is another project at the MPP, this time for ephemera and manuscripts mainly from the past century, but it included also older manuscripts. The fifth EAP project (EAP 676) aimed at conserving and digitizing seventeen privately held collections in Lalitpur with Buddhist manuscripts written in Sanskrit. The 10000 images in this collection have been published online in January 2015. The EAP blog at the British Library brings you news about this project. The University of Hamburg, too, works on the preservation and cataloguing of Nepali manuscripts, supported by its own office in Kathmandu. There is an online catalogue of the microfilms created within this project.

Scattered around the world more digital collections with objects from Nepal can be found. The University of Washington has some twenty music instruments in its ethnomusical holdings. In the Huntington Archive of Ohio State University you can find at least 800 images concerning Nepal. In the past anthropologists have collected materials in Nepal. Brian Houghton Hodgson (1801-1894) is just an example. His papers are at the British Library, and you can consult an online inventory of these papers thanks to the efforts of Cambridge University. The Muktabodah Indological Research Institute in Emeryville, CA and New Delhi has not only digitized manuscripts, but also created searchable e-texts in its digital library. The Indology.info website is a portal to research initiatives and the various digital libraries with Vedic, Tibetan and Buddhist texts. The EAP projects for Nepal are not mentioned at this portal.

I would have loved to continue here with digital art collections, but their sheer number worldwide as represented at Himalayan Art has convinced me that there is no need to double its efforts.

The balance between quick reactions and completeness

Header Savifa

Sometimes help is needed immediately. Those victims still alive but buried under the stones and concrete of collapsed buildings need help now, and the people suffering from wounds and diseases need basic treatment or even surgery at the spot. However, in order to achieve the most humanly possible some kind of overview, some measure of preparation is needed. Epidemic diseases might occur. Roads are still blocked in many regions, communication is often impossible or hampered severely, and you can reach any villages only by walking long paths.

While writing this post I often thought that I should not try to outdo myself in bringing this amount of online resources together. A number of considerations changed my view. First of all, a number of resources within Nepal cannot be reached at all. Secondly, yesterday I could not view one of the major online resources, the Tibetan and Himalayan Library. A third consideration came in a very late stage. I would dearly like to have discovered much earlier the Virtuelle Fachbibliothek Südasien at the University of Heidelberg, abbreviated with the acronym SaViFa. I did not spot this service quickly on other websites at Heidelberg, such as those of the Südasieninstitut and its Kathmandu office at Lalitpur, and I overlooked SaViFa at the overview of other relevant Asian research resources in Heidelberg. Hopefully others more versed in Asian matters will have reacted already more efficiently than I can do.

SaViFa with an interface in German and English gives you with a first simple search for Nepal some 200 links to all kinds of online resources. The SaViFa portal offers many possibilities of its companion virtual portals and the special subject collections in Germany to refine your searches for particular resource types, regions, subjects and periods. CrossAsia, a service of the Staatsbibliothek zu Berlin and the other major German portal for research on Asia, focuses clearly on East and Southeast Asia.

Let’s not wait any longer, may this post go its way! I promise to create a PDF with a more helpful arrangement of the many resources presented here in a sometimes rambling way, and of course I will try to correct any grave omission and factual mistakes. In my experience it is most rewarding to get familiar with subjects and cases far outside your usual territory. I learned a lot from finding my way into Nepal, a country on the roof of the world. Hopefully the world will continue and renew its efforts, and arrive and preferably stay with adequate help to rescue and support the people and treasures of that collapsed roof.

A postscript

Already while writing this post I was sure I would overlook some important resources. i would have liked to mention here much more, but alas it turns out to be rather difficult to find resources even at some universites with very promising holdings. However, the very least I can do is pointing you to a recent overview of digital resources for South Asian legal history created by Mitra Sharafi, a guest blogger at the inexhaustible Legal History Blog. I have seen some online library guides with either information already found elsewhere, very concise or lacking descriptions of resources, and this is a strong contrast with Digital Himalaya, a model of its kind among digital portals. It is a comfort to have Sharafi’s guidance and helpful comments about South Asian resources in these posts and at her own blog.

A theatre of knowledge: Law and justice on show in old book titles

Logo Theatra - Welt und Wissen auf der BühneTheatrical representations of a trial can enthrall an audience. Even when you know actual proceedings were different you are lured into understanding matters in the way they are played in the theatre. Authors and publishers were not slow to realize the attraction of the theatre for book titles. In a German research project several books with the word “theatre” in their title printed between 1500 and 1800 have been brought together. Among them is a considerable number of books concerning law and justice. The project was finished a few years ago, but I think it is worth looking at here.

The right title

Logo HAB

The project at the heart of this post has been supported by the Herzog August Bibliothek (HAB) in Wolfenbüttel. Earlier on I had not really noticed this project at the website of this research library with a focus on Early Modern and baroque literature. However, in the end this notice did awake my curiosity. Scholars from the Universität Kassel worked together with the staff of the HAB to create the project Welt und Wissen auf der Bühne – Theatrum-Literatur der frühen Neuzeit. “World and Knowledge on Stage – Theatrum-Literature of the Early Modern Period”.

The metaphor of the theatre helped to create a visual image for multiple purpose, not just constructing a setting but also the disposition and communication of knowledge. Apart from “Theater” and “Theatrum” authors and publishers used words such as Schau-Bühne and Schauplatz, and of course other languages used their own versions of these words, for example théâtre, teatro, schouwtoneel and schouwplaats. Apart from works in German, French and English Dutch, Spanish and Italian works were within the orbit of the project, The project at Wolfenbüttel aimed at creating a portal with bibliographical information and direct access to some 200 titles. Despite this multilingual starting point the project website is only accessible in German, in clear contrast with the HAB’s website which can be viewed in German, English and some pages even in Latin. At the project website you can go directly to each of the digitized works, execute a full text search in all titles or in a particular work, or visit first the repertory and benefit from the information about the works brought together here.

Title page There is no shorter way to view the qualities of the project than starting to look at a particular work. I have chosen a work by Peter Dahlmann, his Historischer Schauplatz Vornehmer und berühmter Staats- und Rechts-Gelehrten (2 vol., Frankfurt and Berlin, 1710-1715), and I selected it because it was the first work in the list with the word Recht (law) in its title. This biographical dictionary appeared anonymously, but Dahlmann published a similar more general work in 1710 which made his authorship plausible. The description of this work with twenty-seven biographies is most useful, in particular for the overview of the content, information about the context and background, and bibliographical information.

When I looked at the list of extant copies of Dahlmann’s book I somehow became wary. A quick search in the Karlsruher Virtual Library shows indeed more copies than indicated here. The copy of the first volume at the Max-Planck-Institut für europäische Rechtsgeschichte, Frankfurt am Main, too, has been digitized, as announced on the project page at Wolfenbüttel, but I was really surprised to find this title in Frankfurt within the collection of German legal journals from the period 1703 to 1830. Anyway, this title is certainly not widely available in German libraries: VD18, the bibliographical project for eighteenth-century German imprints, has not yet included any copy from the five participating libraries, but the Staatsbibliothek in Berlin, the Sächsische Landesbibliothek in Dresden and the Bayerische Staatsbibliothek in Munich do have a copy of the rare second volume, which has been digitized at Munich. Checking the information about surviving copies seems advisable.

Law on stage

Let’s look which other legal works and books touching the subject of law, jurisprudence and justice have been included at Welt und Wissen auf der Bühne:

– anon., Schauplatz der Betrieger (Hamburg-Frankfurt 1687) – a book about impostors and forgers – description
– anon., Hamburgisches Mordt-Theatrum (s.l., 1687) – a book describing the trial for the murder of a merchant from Hamburg – description
– anon., Theatro politico del honor y manifiesto legal de la santa iglesia Catedral de Zamora (s.l. [Zamora], 2 vol., 1730-1732) – a treatise about the jurisdiction and rights of a Spanish cathedral
– [Christoph Peller], Theatrum Pacis, Hoc Est: Tractatuum Atque Instrumentorum Praecipuorum (2 vol., Neurenberg 1683-1685) – a collection of peace treaties
– Johann Abelinus and Matthaeus Merian, Theatrum Europaeum (21 vol., Frankfurt 1633-1738) – a chronicle of near contemporary European history, often supported with legal documents – description
– Giovanni Battista Argiro, Theatrum universi juris (2 vol., Rome 1729-1734) – a legal bibliographical repertory guiding to commentaries for Roman and canon law
– Lorenzo Arrazola et alii, Enciclopedia española de derecho y administracion, ó Nuevo teatro universal de la legislacion de España è Indias (13 vol., Madrid 1848-1872) – an encyclopedia for Spanish law and government, including colonial law
– Angelo Auda, Theatrum regularium, in quo brevi methodo, variae decisiones, tam apostolicae quam Ordinis Minorum de observantia […] exarantur (Rome 1664) – ecclesiastical law concerning the Franciscan order
– Giovanni Battista Carmen Fattolillo, Theatrum immunitatis, et libertatis ecclesiasticae tam theorice, quam practice fideliter excerptum juxta Gregorianam bulla (2 vol., Rom 1714) – a work concerning immunity in canon law
– Giovanni Battista de Luca, Theatrum veritatis et iustitiae (18 vol., Cologne 1688) – De Luca’s famous often reprinted encyclopedic overview of all fields of law
– Camillo della Ratta, Theatrum feudale (2 vol., Naples 1637) – a work on feudal law – online, volume 1 and 2, Madrid, Universidad Complutense (at the Hathi Trust Digital Library)
– Jacob Döpler, Theatrum poenarum (2 vol., Sondershausen-Leipzig 1693) – a work on penal law – description
– Anton Wilhelm Ertl, Neu-eröffnete Schau-Bühne, Von dem Fürsten-Recht (Neurenberg 1702) – a book about princes and the law
– idem, Neu-Eröffneter Schau-Platz der Lands-Fürstlichen Ober-Bottmässigkeit (Neurenberg 1694)
– idem, Theatrum Superioritatis Territorialis Noviter Extructum (Augsburg 1684) – these two titles are clearly the Latin original and the German translation of a book on the territorial power of princes
– Adam Joseph Greneck, Theatrum Jurisdictionis Austriacae (Vienna 1752) – an encyclopedia on jurisdiction within Austria
– Georg Philipp Härsdorffer, Der Grosse Schauplatz Jämerlicher Mordgeschichte (8 vol., Hamburg 1649-1652) – a collection of murder stories and trials – description
– Carl Johnson / Joachim Meier (transl.), Schauplatz der englischen See-Räuber (A general history of the robberies and murders of the most notorious pyrates) (Goslar 1728) – a book about pirates and piracy
– Milettus Hedrusius, Neu-eröffnete Mord- und Trauer-Bühne (Schwabach 1708) – murder stories
– Johannes Franciscus Löw, Theatrum Medico-Juridicum (Neurenberg 1725) – a collection of treatises on forensic law
– Johann Christian Lünig, Theatrum Ceremoniale Historico-Politicum (3 vol., Leipzig 1719-1720) – a pioneer work about elections and political ceremonies – description
– Karl Philipp Mentzel, Neuestes Teutsches Reichs-Tags-Theatrum (Neurenberg 1733) – a book about the German Reichstag from 1662 onwards
– Johann Joachim Müller, Des Heiligen Römischen Reichs, Teutscher Nation, Reichs Tags Theatrum (2 vol., Jena 1713) – the German Reichstag between 1440 and 1493
– Melchior Adam Pastorius, Theatrum Electionis Et Coronationis Romano-Caesareae (Frankfurt am Main 1657) – not only about the election of German emperors, but with an overview of emperors since Roman antiquity
– Antonio Javier Pérez y Lopez, Teatro de la legislacion universal de España é Indias (28 vol., Madrid 1791-1798) – legislation in Spain and its colonial empire
– Johannes Friederich Reiger, Theatrum juridicum theoretico-practicum (Neurenberg 1724 and 1740) – a German translation of Justinian’s Digest
– Johan van den Sande, Theatrum practicantium hoc est decisiones aureae sive rerum in supremo Frisiorum curia judicatarum (Cologne 1663) – a collection of cases before the Frisian supreme court in Leeuwarden
– Johann Salomon Schülin, Theatrum Conscientiosum Criminale, (2 vol., Frankfurt / Leipzig 1732-1733) – a handbook for procedures in criminal law
– Christoph Heinirch Schweser, Theatrum Servitutum oder Schau-Platz Der Dienstbarkeiten (Neurenberg 1709) – a handbook on legal servitudes and service contracts
– Carlo Spadazza, Theatrum viduile, seu De viduis, ac priuilegiis viduilibus Tractatus absolutissimus, tum legalis, tum moralis, in quo tota viduilis materia elaborata methodo explanatur (Ferrara 1672) – a treatise about widows with attention to relevant law – online, Florence, Biblioteca Nazionale Centrale (at Internet Culturale)
– Mattheus Surrentinus [Matteo Sorrentino], Theatrum et examen omnium decisionum regni Napolitani (Naples 1700) – a collection with jurisprudence from the ingdom of Naples
– Trobat, Juan Bautista: Tractatus de effectibus immemorialis praescriptionis et consuetudinis. Pars secunda, cum miscelanea casuum, et decisionum in Iurisprudentiae Theatrum (Valencia 1700) – a treatise on customary law
– Nicolás Bas y Galcerán, Theatrum jurisprudentiae forensis Valentinae romanorum iuri (2 vol., Valencia 1742-1762) – a book about legal practice and jurisprudence in Valencia
– [Zacharias Zwanzig], Theatrum Praecedentiae (Berlin 1705) – a treatise touching on international law and ceremonial law – description

With some 35 works in a selection of 200 books law and jurisprudence seem well represented. It is a pity that in view of a total of some 180 descriptions you find here for just seven legal works a specially created description. However impressive this list, it does lack at least one noted legal work, the Amphitheatrum legale of Agostino Fontana (4 vol., Parma 1688 – online, Hathi Trust Digital Library). On the other hand Jean Bodin’s Universae Naturae Theatrum (1596) has been included with a useful introduction. Sadly the list does not have for each work a description or a link to a digital version either from the collections of the Herzog August Bibliothek or elsewhere, and I have tried to supply such additional information here. On the other hand, in the case of the Theatrum Europaeum one is duly guided to a digital version of a later edition (21 vol., Frankfurt am Main 1646-1738; online at Augsburg).

In mentioning the Theatrum Europaeum we arrive at a central problem in dealing with this project. If the scholars creating the project had already difficulties in dealing with legal texts, how can a general user determine the nature of a particular work? In my view there is only one road to answer this question, to take the time to get hold of a work or to view a digital version, and to look beyond the title page. In this respect it would also have been helpful to have a translation of the book titles in Polish. In an earlier post I wrote about the Theatrum Europaeum as a useful source for the text of peace treaties. I am sure I have missed some works with legal contents in this list, but I have also excluded on purpose in my selection works on geography which surely do contain information about legal matters in a particular region or country.

Behind the scenes

How representative is the selection of works at Welt und Wissen auf der Bühne? It did cross my mind to look at the digital projects for baroque literature at the Universität Mannheim. The CAMENA project created a network of digitized works from the early Modern period, with for law a number of works in the section Historica & Politica. The Universal Short Title Catalogue (USTC, University of St. Andrews) has as its aim bringing together sixteenth-century books. I invite you to check the digitized works at the Heinsius Collection of Neo-Latin works published in the Dutch Republic (Universiteit Leiden), to visit the website for Nordic Neo-Latin literature (Universitetet i Bergen), or to walk through the alphabetically ordered Philological Museum (Dana Sutton, University of Birmingham). The German project does include only three titles for music, and the USTC, too, gives a very restricted number of similar titles. In its present state it does already offer a fairly complete overview of literature with some form of theatre in its title published during this period.

More incisive is the question how important these legal works were and are: do we have here a parade of the great and influential works? It is safe to say that at least De Luca’s work was most influential. Of some authors we have here less well-known works: Lünig (1662-1740) is better known for his massive Das Teutsche Reichsarchiv (24 vol., Leipzig 1710-1722; digitized at Augsburg) and his Corpus iuris militaris (2 vol., Leipzig, 1723). However, his book on ceremonial law is indeed a landmark, and its importance has been highlighted in a book by Miloš Vec, Zeremonialwissenschaft im Fürstenstaat. Studien zur juristischen und politischen Theorie absolutistischer Herrschaftsrepräsentation (Frankfurt am Main 1998). The selection of lawyers in Dahlmann’s Historischer Schauplatz is definitely not what you would expect nowadays of a book with juridical biographies, but this helps in fact to become aware of our own predefined ideas and conventions. One of the strengths of the project at Wolfenbüttel and Kassel are the references to relevant literature, even if this is often restricted to literature in German. A number of these modern scholarly texts can be read online.

The project title World and Knowledge on Stage itself immediately remembered me of proverbial lines by Joost van den Vondel, a seventeenth-century Dutch author: De wereld is een speeltoneel, elk speelt zijn rol en krijgt zijn deel, ‘the world is a theatre, everyone plays his role and gets his part”. These words were composed for the opening of the municipal theatre of Amsterdam in 1637 and put above its entrance. Maybe this echoes a thought expressed by Erasmus in his Praise of Folly (ch. 29)A second proverbial saying of Vondel brings us closer to law: “De wetten zwijgen stil voor wapens en trompetten” [The laws are silent in front of weapons and trumpets]. The metaphor of the theatre helps us to look for the roles people played and the subjects brought to the limelight or left in the wings. It struck me how many titles in the German project refer to wars and conflicts. Any title with the word theatre invites you to enter a different world. You might encounter unfamiliar laws or meet a kind of justice that functions differently than you had imagined before.

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, but in fact this blog had already been included in my blogroll…  On closer inspection of the links now present 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.

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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 not 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

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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 too 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.