Category Archives: General

Law and music, a history of norms and sensitivity

droitetmusique-smallWords from completely different domains can be used without even noticing their origin. Scholars conduct research but seldom think of conductors leading an orchestra or choir. A two-day conference in Aix-en-Province (June 30 and July 1, 2016) offers a rare chance to bring the two domains of law and music together. The title Droit et musique: Entre normes et sensibilité, “Law and Music, Between norms and sensitivity”, seems aptly chosen, even though anglophone readers should immediately be at their qui-vive to distinguish between sensibility and sensitivity.

In this post I will give you an impression of the themes to be addressed at this conference held at two locations in Aix-en-Provence, on June 30 at the Amphitheâtre Favoureu of the Faculté de droit et science politique, and on July 1 at the Musée Granet. I found the announcement about this conference at the events calendar Nomôdos, since last year a part of the French Portail universitaire du droit, where you can find also a section for law and culture (Droit et culture).

Two spheres

The two-day conference has two mottoes which link law and music to each other. Danielle Montet formulated reflecting on ancient history and philosophy the thought that both spheres, law and music, deal with composition. The law poses order on society, just like music supports a good disposition of things in the mind and in a city. The second motto stems from Norbert Rouland who wrote law is not the work of a legislator, enlightened or not, but an unconscious collective construction of the Volksgeist, mediated and interpreted by a lawyer. Composition and interpretation seem indeed shared features of law and music.

Let’s look at the program of the conference in Aix-en-Provence. The first day has as its central theme La musique revisitée par le droit, music revisited by law. In particular the section on philosophy and history has space for legal history. Maria Paolo Mittica looks at music and law in ancient Greece. Fouzi Rherrousse will speak about a musical movement within Islam. The Catholic codification of liturgical music in the nineteenth century is the subject of the contribution of Blandine Chelini-Pont. Emmanuele Saulnier-Cassia will present the musical interpretation of the fundamental rights of condemned people. Vassili Tokarev looks at the twin theme of musical criticism and legal criticism in Nietzsche’s work. Patricia Signorile will discuss the philosophical foundations of the connections between law and music.

In the other sections legal history does make less often an appearance. Marc Pena will take Vivaldi’s Four Seasons as a starting point for a paper about the realities and representation of Venice’s territory. Ugo Bellagamba looks at the uses of dissonance and musical resolution in operas about Tancredi from André Campra to Gioacchino Rossini to distill views and perspectives on the First Crusade. Interesting, too, is a paper by Antoine Leca about the judge Jean de Dieu d’Olivier, author of a treatise about the art of legislation, and his views on legal composition. It makes certainly curious about his Essai sur l’art de législation and its influence on French revolutionary and Restoration law. In Gallica, the digital library of the Bibliothèque nationale de France, you can consult the editions of his work published in 1800 and 1815. Christian Bruschi will deal with Montesquieu and his views concerning music and society. Tchaikovsky as a failed lawyer and a succesful composer will be the subject of a paper by Anatoly Kovler.

Other contributors will take a more comparative point of view. Giorgio Resta will consider the way lawyers use musical metaphors. Alizée Cirino will discuss the problems of co-authorship of musical works, the possible clash of interests and the way rights are shared. André Roux looks at the relation between the French constitution and the national anthem. I remember the anecdote about the orchestral arrangement made by Hector Berlioz in 1830 of La Marseillaise which allegedly was banned by the French government because it was considered to be too rousing. At a concert in Utrecht decades ago with French revolutionary music by Méhul and Gossec Berlioz’s work indeed made a terrific impression.

It is possible to allude here to a Dutch link to the twin sisters law and music. At least one Dutch legal historian has all rights to feel himself familiar with music and the tasks of conducting, Not only is Jop Spruit the son of the Dutch conductor Henk Spruit (1906-1998), he actually worked a few years for the Rotterdam Philharmonic Orchestra. The way Spruit led a team of Dutch legal historians translating the various parts of the Corpus Iuris Civilis does in a way resemble the activity of a conductor. In my view it is not entirely a coincidence Jop Spruit started this project, and more importantly, conducted it to a resounding end. You can read more about his life and career in an interview by Louis Berkvens and Jean-François Gerkens, ‘Rechtshistorici uit de Lage Landen (13). Interview met J.E. Spruit’, Pro Memorie 17//1 (2015) 3-47.

The choice of themes and even a strong preponderance of French subjects at the conference in Aix-en-Provence should work as an invitation to explore this theme yourself. There is more to find out beyond for example the musical background of Anton Thibaut, the German lawyer advocating the codification of German law. He had to face the powerful rhetorical and legal skills of Friedrich Carl von Savigny whose views against legal codification prevailed for many years in the early nineteenth century. This contribution can be only a prelude to the real music. Interpreting law and subjects in legal history is such a common practice that it is most welcome to reflect on this core activity from an unexpected angle.

Journeys to journals on Classical Antiquity


At the end of each year it is difficult to avoid the great range of lists of all kinds of bests, and I hardly dare to even mention them here. In 2014 the Archaeological Institute of America gave an 2015 AIA Award for Outstanding Work in Digital archaeology to Charles E. Jones and his blog The Ancient World Online (AWOL) to honour his “work on open access material relation to the ancient world, serving archaeological information to more than 1.1 million unique visitors to the site since its inception in 2009”. AWOL needs no laurels, but this praise is certainly justified. One of the latest messages at AWOL in 2015 concerns scholarly journals in open access dealing with ancient law. On December 29, 2015 Charles Jones listed eighteen online journals which specifically deal with some field of legal history in classical Antiquity, and he challenges readers to find and report more journals. A number of these journals figure here in my blog roll, and thus I was immediately interested in checking this list. At AWOL is a list with now nearly 1,600 scholarly journals available in open access for the vast territories of the ancient world. Is this selection of journals touching legal history indeed complete? This post will look at some answers to this question. Indeed I was so eager to publish it that I somehow had posted it with a wrong date, a year ahead.

The power of a list

Lists can have uncanny powers. They might seem to offer everything available or they bring the best possible selection. A good list can enhance the authority of its author, and users of such lists feel comfortable with the knowledge of such lists. Thus it can feel awkward to question a list at all for its qualities, but in my view there is just one way to find about both the positive and negative sides of a list, and that it is by checking each item. This simple approach proved to be rewarding and revealing.

The international character of the list is remarkable. In most fields within Classical Studies the number of journals with English titles is impressive, but they do not outnumber journals in other languages. However, for legal history you will find in this list just two journals with an English title, Roman Legal Tradition, published online since its start in 2002 and edited at Glasgow, and The Journal of Juristic Papyrology, published since 1946 at Warsaw. I did wonder about the presence of other relevant journals with English titles, and thus I quickly checked among the titles of the main list of journals at AWOL. Two titles seemed worthy of inclusion, the Ancient Greek Law eJournal and the Ancient Roman Law eJournal, but they turned out to be something else, a quick reference point for recent research published at SSRN, the Social Sciences Research Network. Both e-journals bring together papers to be published or already published on either Greek or Roman law in other legal journals. The two selections show how both fields currently can appear outside the province of legal history: nine publications for ancient Greek law, and five for Roman law, mainly in American law journals. A third title does not refer to a scholarly journal, but to the reports of the Hellenic Society for Law and Archaeology, where the laws in question are obviously laws touching upon cultural heritage. I cannot figure why PoLAR: The Political and Legal Anthropology Review figures at all at AWOL, in particular because only few issues are available in open access. Anyway, for good reasons these three journals were not deemed fit for inclusion in the new list of journals dealing with ancient legal history.

Logo MPI Frankfurt am Main

Two German titles in the list made me very curious because they did not seem to be current journals anymore. The Jahrbücher für historische und dogmatische Bearbeitung des römischen Rechts appeared three times between 1841 and 1844. The brothers Wilhelm and Karl Sell launched their journal from Zürich and Bonn. The second journal, Themis. Zeitschrift für Doctrin und Praxis des römischen Rechts, appeared in two short series between 1828 and 1848, the first series in 1828 and 1830, the second from 1838 until 1848. This journal was the idea of Christian Friedrich Elvers from Rostock. The subtitle of the first series was Zeitschrift für praktische Rechtswissenschaft, only the second series mentioned Roman law. Elvers filled the pages of his journal in particular in the second series mainly with his own contributions. In 1841 Elvers had become a judge at Kassel, and this move probably influenced his activities for the journal. Both journals have been digitized at the Max-Planck-Institut für europäische Rechtsgeschichte in Frankfurt am Main. In my view it is one of the characteristics of the study of Roman law in nineteenth-century Germany that articles and book reviews appeared not just in the journals devoted to legal history, but also in the profusion of general law journals. Such statements can be checked readily thanks to the massive digitization at Frankfurt am Main of relevant journals published between 1800 and 1918. Just for the record, I did look also at the sister project for eighteenth-century journals (Zeitschriften 1703-1830), but in this set Roman law was not used in any title. In 2011 I wrote here about digitization projects for old legal journals and also about projects for creating online access to current journals in the field of legal history.

At this point we still have sixteen journals correctly included in Jones’ list, and an implicit conclusion from the last paragraph should help me proceeding here. In a list with open access journals you expect to find journals currently appearing, and only on second thought also retrodigitized journals. Curiously, the list does include not only the Romanistische Abteilung of the Zeitschrift für Rechtsgeschichte der Savigny-Stiftung, but also the Kanonistische Abteilung, a branched launched in 1910. The online issues of these journals have been digitized at Frankfurt, too, but this is a case of digitizing old issues, as for now up to 1919. Some journals in the list at AWOL do not offer exclusively articles concerning ancient law. Forum Historiae Iuris is one of the oldest online journals for legal history. Iura Orientalia does not only cover the field of ancient Oriental law, but also modern Oriental law, in particular ecclesiastical law. In fact the section on Byzantine law of this journal reminded me of two journals published in Groningen, the Subseciva Groningana (1984-), published only in print, and the Groninger Opmerkingen en Mededelingen, a journal for which only a number of individual contributions are available online in open access.

What more should be said here about the remaining journals of the list? It is good to see two online journals for the history of Greek law, the Rivista di Diritto Hellenico, alas possibly damaged by malware at the moment of writing, and Dike. Rivista di Storia del Diritto Greco ed Hellenistico (1998-). When I saw the title of The Journal of Juristic Papyrology I could not help thinking of the ZPE, the Zeitschrift für Papyrologie und Epigraphik. You can check online for the titles of all articles since 1967, and this journal surely does contain contribution about ancient legal history. The issues 73 (1988) to 133 (2000) of the ZPE are now available in open access. I bumped into an article by Sir Ronald Syme, ‘Journeys to Hadrian’, ZPE 73 (1988) 159-170, My title is a tribute to a scholar who impressed me as a student with his compact style. I will try to follow his example here more than in previous years! The journal from Warsaw is available online at a special platform for Polish scholarly journals in the humanities, Czasopisma humanistyczne.

The Rivista di Diritto Romano does offer space for articles on diritti antichi, other ancient legal systems, too. In fact the website of this journal is almost a portal to Roman law and its afterlife with sections on the palingenesis of Roman law texts, the Basilica, a list of journals, and online versions of numerous Roman law texts. However, a major drawback is the navigation at its website where you can find only the latest issue online. The Russian journal Ius Antiquum is a further witness to the international character of Classical Studies. I leave it to you to have a look at the other journals of a list which if not exhaustive surely proved to be interesting

Cover RIDA 61 (2014)

However, one journal must not be left out here. A few months ago I had already spotted the surprising online appearance of the third series of the very high regarded Revue internationale des droits de l’antiquité (RIDA). This journal, published by scholars at the Université de Liège, has digitized the issues XXVI (1979) to LIX (2012). The decision to publish such recent issues of a well-known. peer-reviewed international learned journal might well be a spur for other publishers to make moves in the direction of open access. The RIDA is even present at Facebook. The image of the new cover shows the new publisher, the Presses Universitaires de Liège, but on the RIDA website you can still subscribe to volumes published at Paris.

The changing world of scholarly journals


As for the 1,700 journal titles in the major overview at AWOL I am afraid a number of them is not in its entirety available in open access. One example: Brepols Online publishes the Revue d’Histoire des Textes, but only issues between 2006 and 2009 are to seen freely. Making a comparison with journals registered within the Directory of Open Journals is not as easy as one would expect today. You can search either by entering keywords in a search field for titles, forcing you to look for specific matters in a number of languages, or use the far too general subject filters. Even history or culture have not yet been deemed worthy independent subjects. At the start of a new year there are many days in which this sorry state of affairs can be changed, but anyway it will be useful to follow the posts labelled Law at AWOL – The Ancient World Online!

Order in a new church: Behind the headlines of the Reformation

Within any organization there is a constant tension between the original inspiration and its structure, and this is the case, too, within the various Christian churches. Auguste Sabatier (1839-1901) minted the phrases religion de l’Esprit against religion de la Lettre. When sixteenth-century reformers started to create their own church, the support many people gave them fueled their own enthusiasm about their views, but fairly quickly the need for proper structures arose. Luther famously burned the books of canon law in Wittenberg on December 10, 1520, but laws and regulations nevertheless rapidly did find a place in the Protestant churches.

Logo DigiRefAt the new Reformationsportal Mitteldeutschland, nicely abbreviated as DigiRef, you will find digitized archival records from four German archives and libraries bringing you documents which tell the story of these young churches in their daily business of getting things organized, dealing with problems and meeting all kinds of people. The portal has three main sections, Visitationsakten, records of official visitations, Schaufenster, “showcases”, sets of records and images arranged around a number of themes, and last but not least Recherche, an interactive map of Europe where you can search and select information for particular regions and locations. The visitation records and church regulations at this portal prompted me to write here about this project, because these have clear connections with legal history. In Germany preparations for the Luther year 2017 have indeed already started, and it can do no harm to look in time at some of the accompanying projects.

Three archives and a library

DigiRef has been created by three German archives, the Thüringisches Hauptstaatsarchiv Weimar, the Hessisches Staatsarchiv Marburg and the Landesarchiv Sachsen-Anhalt, joined by a library, the Thüringische Universitäts- und Landesbibliothek Jena. This library organized in 2014 a two-day conference Reformation vor Ort. Zum Quellenwert von Visitationsprotokollen about the value of visitation records; Dagmar Blaha and Christopher Spehr will edit the papers of this conference (Leipzig 2016). Let’s look first at the actual records of church visitations in this project. The visitations aimed at reviewing systematically the situation of a particular church and its vicar(s). Apart from him whenever possible deacons, schoolmasters, sacristans and other officials, too, were interviewed. The visitation committees also looked at the moral behaviour of the parish and at its revenues, possessions and special funds. In this project not only the official reports of these visitations, the Protokolle, come into view, but also the Beiakten, the less conspicuous documents around the official reports, ranging from travel expenses to notes from interviews, come into the limelight.

Visitation at Wittenberg, 1528

Visitation at Wittenberg, 1528 – Weimar, LASA, A 29b, II Nr. 63, fol. 1v

The 118 archival records digitized for this project stem also from archives outside the four main DigiRef institutions. It is interesting to note monasteries, too, were visited. The aim was to present here the first visitations in the Reformation period. At Weimar four instructions have been preserved. The committees often indited people to come to a city from nearby villages or from lesser cities to a major town. As an example I have chosen the first ordinance for Wittenberg [Weimar, LASA, A 29b, II Nr. 63]. Wittenberg is dealt with in connection with the Amt surrounding this town and other towns and their surrounding territories. The register covers the years 1528-1529 and 1533-1534, it has 352 folia, and fol. 1r-34v contain an ordinance for the city of Wittenberg. Fol. 37r to 127r contain visitations for other locations in the Amt Wittenberg and two other towns in the Amt Wittenberg, Kernberg and Schmiedeberg.

The records can be shown in different ways: just the document, document and transcription or an image, transcription and modern German translation, and you can even add a column for a commentary (Historische Einordnung). Alas this service is not available for every item, and some items have been provided only partially with it. I list these possibilities in particular to show the value of this presentation next to earlier editions of a number of these protocols. The DigiRef portal does point to these editions and to relevant scholarly literature. When I looked at the 1525 visitation of the Allerheiligenstift at Wittenberg (Dresden, HStA, 10024, Loc. 8980/19) I did not find a transcription, translation or commentary. At Weimar a short list with questions in Latin from 1533 written by Justus Jonas from Wittenberg for visitation in Sachsen has been preserved (Weimar, ThHStAW, EGA, Reg. Ii 574), with at the website only images of this pivotal document for conducting a visitation. The portal promises you for some records a translation into English.

Admittedly you will have to become versatile in deciphering Early Modern German handwriting, and sixteenth-century handwriting can be notoriously challenging to read. When searching for online guidance you might start looking at the materials of the Ad fontes team in Zürich. Their website contains comprehensive information, examples of different scripts and exercises, references to literature, and since two years there is even an app. The Staatliche Archive Bayerns offer a lot of online examples of German writing in archival records from the eighth to the twentieth century, with transcriptions and brief introductions.

Showcasing the Reformation

Screenprint DigiRef

The second approach to the digitized records is using the showcases. With 18 themes and 17 historic persons – including popes and princes – you are sure to find something that might interest you. You can choose to look first at the metadata concerning a record, view it immediately or to look at ist geographic origin. Taking again the Kirchenvisitationen you get now six documents in this showcase. I found in particular the printed ordinance about the visitations from 1528 by Kurfurst Johann von Sachsen interesting (Gotha, Thüringisches Staatsarchiv, Geheimes Archiv, KK2, vol. 1) . This document shows to a large extent the matters to be reviewed during the visitations, and it makes clear how important the backing of secular authorities was for the emerging new churches. Indeed the secular authorities proved to be decisive for their success or lack of success in particular towns, regions and countries.

It is tempting to single out here other archival records worthy of your attention, because I am sure you will find something in such sections as Reichstage (Imperial Diets), UniversitätenKirchenordnungenBündnisse (contacts and leagues), and Kirchliche Neuordnung, ecclesiastical reform. In this last section you will find for example a letter by Luther from 1526 urging earl Johann von Sachsen to support church visitations for all his lands, not just for one or more Ämter. Founding new universities became another important matter.

A geographical approach

At first I was rather surprised the tab Recherche of DigiRef leads to an interactive map showing a large part of Europe instead of only a simple search form with a button leading me to an advanced search mode. At the top of the screen you can use a time bar to narrow you search, open an index of persons or a filter for locations, and there is a simple search field as well. It turns out to be really important to use these filters, because searching directly on the map can appear to be cumbersome and confusing. Not by clicking on a location with search results, but by clicking on an icon at the right side of the screen you arrive finally at a list of results for this location. The map does show locations with documents in its initial position, thus inviting you to go to particular places., but you will notice quickly some towns which do have results do not come into view immediately when you zoom in. In comparison with the interactive historical-geographical maps discussed here lately this operation mode is not quite what you would currently expect. The interactive map does save your latest choice for filtering. Instead of clicking a button you have to remove your choices from the red filter bar at the top of the screen. The filter for locations is also helpful to find locations mentioned in a visitation.

I cannot hide here my mixed feelings about the navigation of the DigiRef map, but in the end one thing is more important than only noticing the pros and cons of the navigation. The map makes it very clear that archival records in the three archives and the library at Jena do focus on Sachsen and Thüringen. Other regions figure mainly when there are clear relations with them within some document. Among the persons covered in the records I missed Erasmus.

Casting your nets wider

In my view the Reformationsportal Mitteldeutschland can be welcomed as a most useful resource to create a much more detailed image of the early Reformation. The archival records bring you a lot of things not found in contemporary books and treatises, and thus they help you to connect the issues at stake with actual people and places instead of staying content with a more abstract vision of the discussions, confusion and turmoil. Nevertheless it is of course necessary to use these records as elements of a much wider history, a decisive period in European history. Although the navigation of the interactive map is not as comfortable as you encounter elsewhere, this feature does not hamper completely access to digitized sources. In the last section of this post I will look at some other online resources for studying the history and impact of the Reformation, starting with the institutions behind DigiRef.

The Landesarchiv Hessen has created a relatively large number of online resources, but the Reformation is only seldom touched upon. At the Digitales Archiv Marburg a new online exhibition on Luther and Europa is currently being prepared. The Digitales Archiv Hessen-Darmstadt has a small section on the Reformation. It is good to remember here also the HISGIS system for Hessen, the Landesgeschichtliches Informationssystem Hessen (LAGIS), without a section on religion, but you might like to consult the Hessische Bibliographie.

The Thüringische Staatsarchive do offer a general website for searching and accessing digitized archival records at the various offices, with for religious history for example the Oberkonsistorium Gotha and the Konsistorium Sondershausen, and they also have important digital resources for legal historians. Its Themis portal has been created together with the ThULB at Jena, and brings you digitized legislation nicely ordered along the several old territorial units of Thüringen. Thüringen Legislativ & Exekutiv is another project of these two partners, now for digitized official gazettes publishing laws and regulations for roughly the same set of territories. There is a separate portal to inform you about all archives in Thüringen.

For the third archive, the Landesarchiv Sachsen-Anhalt, I can point to a general search engine for archival records, but apart from their content at DigiRef there is no other project specifically dealing with the Reformation. Among its other projects the digital archive for the Friedliche Revolution 1989/90 [Friendly Revolution 1989-1990] deserves a mention.

Banner Luther Flugschriften

With the Thüringische Universitäts- und Landesbibliothek Jena we do reach a very important partner for the DigiRef project. Without its earlier projects touching upon the history of sixteen-century Germany, and the actual use of its servers for the digitized items, the three archives might still be struggling to work together. The ThULB can boast among its digital projects at the UrMEL server the Bibliotheca Electoralis with books stemming from the library of Kurfürst Friedrich der Weise, 800 of the so-called Lutherflugschriften, pamphlets kept at the Wartburg castle in Eisenach, and the Sammlung Georg Rörer. Rörer (1492-1557) worked closely with Martin Luther and was responsable for the Jenaer Lutherausgabe, one of the first complete editions of Luther’s prolific production. Rörer was probably responsable for creating Luther’s most famous but apocryphal words: “Here I stand, I cannot do otherwise”, and he made the long neglected contemporary note about Luther proposing his theses at Wittenberg in 1517. Earlier on the ThULB helped creating the portal Digitales Thüringen with a search interface in German and English.

Instead of offering here as a bonus a nutshell guide to research on the Reformation I will mention just a few more general online resources concerning German history, some specific websites, and a good online guide and introduction for delving deeper into the Reformation. For some years you could benefit from the BAM portal for quickly accessing materials in German libraries, archives and museums, but this portal has recently been closed, with a notice that a number of its services are now part of the Deutsche Digitale Bibliothek. For finding German archives you can use the Archivportal, a related project of this digital library. At the portal Kulturerbe Digital you can use the search interface – switchable to German, English or French – to find digital projects for a particular subject. For search terms such as the Reformation or Luther you will find easily projects, including those at the ThULB described here above. Museums in Sachsen-Anhalt have their own portal. The website of the Stiftung Luthergedenkstätten in Sachsen-Anhalt can only be viewed in German. In this respect the multilingual portal Luther 2017 does its job properly. For those convinced of the very power Luther gave to the German language going to the fine introduction and guide Reformation Digital at brings you much you will need to know, and in fact even a model to be followed. offers an impressing range of introductions, web guides and bibliographies for several historical subjects. Portals such as the Post-Reformation Digital Library and the Universal Short Title-Catalogue will help you to trace digital versions of many sixteenth-century books. At the blog Zwingli Redivivus: Flagellum Dei by Jim West you can find much about current research on early Protestant theology. His blog roll ends with a nice list of online editions of the works of the major reformers.

Looking at all these resources can help to shake yourself free from the temptation to view the Reformation as just a clash of theological views, an unfortunate mixture of events and persons leading sometimes to an outright war between religions. Matters were actually much more complicated. Theological questions and problems touched a raw nerve for many people in sixteenth-century Europe. How to lead a good life? How to be a Christian, and to form or reform a church actively committing itself to people and the Christian message? The need for structures or reform of structures connects the internal affairs of churches to matters pertaining also to legal history. The Reformation is one of these movements that changed Europe’s history and culture forever, and it can do no harm to be aware of its history and impact which reached far beyond the imagination of even such a creative mind as Luther himself.

A postscript

Soon after finishing this post I started thinking about adding at least a note that Luther was not the only major theologian of the new churches. His colleagues and adversaries are also present at DigiRef. It seemed this contribution yet lacked a Dutch touch. In April 2014 the Digital Humanities Lab of Utrecht University announced the inclusion of Luther’s own annotated bible at Annotated Books Online, more precisely his copy of Erasmus’ edition of the Novum Testamentum and Erasmus’ Annotationes in Novum Testamentum, both in the edition Basel 1527, from the holdings of the University Library at Groningen (HS 494).

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 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.

A postscript

The staff of Mittelalter blog received my remarks about the tree structure with Spezialgebiete (“special areas”) with interest. They did indeed change the tree structure, and it looks now more convincingly. Legal history (Rechtsgeschichte) is now a an element of history (Geschichtswissenschaft).

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

aLogo 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 the portal Internet Culturale)
– Mattheus Surrentinus [Matteo Sorrentino], Theatrum et examen omnium decisionum regni Napolitani (Naples 1700) – a collection with jurisprudence from the kingdom 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], which alludes to the Latin proverb inter arma silent leges. 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: 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:

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.