Category Archives: Libraries

Encircled by knowledge: New life for old encyclopedias

Banner Enzyklothek

In happy and carefree moments you can be tempted to think that only the internet made it possible to have all possible kinds of knowledge within you reach. However, for centuries having a compact or massive encyclopedia on the shelves of your personal library seemed already to warrant this vision. Lawyers were no strangers to this opinion as I showed in a post about Early Modern legal encyclopedias. Interestingly there is a movement to recreate the world of old encyclopedias. In this post I want to look at some projects which bring you to online versions of older encyclopedic works. Some of them are still familiar among historians, others will come as a surprise.

On digital and real shelves

Logo Seine Welt Wissen

Among the Early Modern works that you might still turn to is at least one German work. I confess I had not quite realized how voluminous the Grosses vollständiges Universal-Lexikon aller Kunste und Wissenschaften by Johann Heinrich Zedler (1706-1751), published in 64 volumes between 1732 and 1750, followed by a supplement in four volumes. In 2006 two German libraries held an exhibition in his honour, Seine Welt Wissen. Enzyklopädien in der Frühen Neuzeit [Knowing your world. Encyclopedias in the Early Modern age]. This year I could use the Zedler in its online version provided by the Bayerische Staatsbibliothek in Munich to expand scarce information about members of a family in Kleve who served the Brandenburg government of this duchy. The makers of the 2006 exhibition drily note the Encyclopédie ou dictionnaire raisonné des sciences. des arts et métiers by Diderot and D’Alembert has only 17 volumes with 72,000 articles on 23,000 pages, whereas Zedler serves you 290,000 articles on 68,000 pages.

Before exploring other works it is fair to look quickly at the great Encyclopédie and its current digital availability. Foremost among its modern incarnations is the searchable version offered by the team of ARTFL in Chicago. Its editors, Robert Morrissey and Glenn Roe, immediately mention the 11 volumes with illustrations that set this encyclopedia apart from all its predecessors and contemporary competitors. These plates and the character and quality of the contributions still command respect and admiration. The editors at ARTFL count 74,000 articles on 18,000 text pages. The information about supplements published after 1772, links to forerunners of the Encyclopédie, a bibliography and other essays enhance the ARTFL version which stands out for the search possibilities of Philologic4.

More traditionally looking at first sight is the ENCCRE online version recently created by the French Académie des Sciences, with modern introductions and search facilities using a corrected Wikisource transcription. The acronym ENCCRE is a French pun on the word encre, ink. The Encyclopedia project for an English translation at the University of Michigan, too, offers more than a strict rendering from French into English. The plates can be quickly searched at Planches. Lexilogos does a great job in offering both the ARTFL and ENCCRE versions, and adding links to the text-only version in the French Wikisource, and last but not least to the digitized original volumes at Mazarinum, the digital library of the Bibliothèque Mazarine in Paris. This copy is used at ENCCRE, too.

In the limelight

Zedler and the Encyclopédie deserve scholarly attention and quickly accessible modern versions, but other valuable works can readily be found. Let’s look at a few websites which bring you both to other general encyclopedias and to works focusing on specific scientific disciplines. Let’s go straightforward to the heart of this post, a tour of the wonderful German Enzyklothek. A few years ago I had briefly visited this portal, and I put it aside with the impression it does not contain much for legal history. However, this time I became intrigued by its sheer coverage, and I marvelled at its holdings.

Peter Ketsch launched the Enzyklothek Historische Nachslchlagwerke in 2014. He offers access to digital versions or information about printed works in five sections: bibliographies, secondary literature, general encyclopedias, encyclopedias for specific disciplines, and biographic dictionaries. The sixth section for dictionaries is empty, a reminder you cannot expect everything at one portal. First of all it was a surprise for me to find here bibliographies. You will find here a number of entries concerning national bibliographies, but also some items for individual authors. For legal history I found in this corner only Rolf Lieberwirth’s study Christian Thomasius. Sein wissenschaftliches Lebenswerk. Eine Bibliographie (Weimar 1955). Among the bibliographies for specific disciplines Rechts- und Staatswissenschaften (disciplines concerning law, jurisprudence and government) are only announced, but alas no items have yet appeared under this heading. The general section on bibliographies starts with just one work from the late sixteenth century, and to me the choice of works in this section seems rather at random but nevertheless interesting. The section Enzyklopädistik with historical overviews and bibliographies of encyclopedias and specialised dictionaries is much richer.

The section Sekundärliteratur contains a more personal mix of things. In the corner with websites it is good to note the projects at Wolfenbüttel and Braunschweig for a virtual recreation of the Thesaurus eruditionis and similar works, and also Welt und Wissen auf der Bühne, a project about Early Modern works which used the metaphore of the theatre, a project I discussed here, too. For the legal disciplines Ketsch mentions just three titles in this part of his portal, on various subjects, from Zeremonialliteratur, texts written by lawyers about official ceremonies, to economical treatises and their forerunners, the Hausväterliteratur. By the way, here Ketsch indicates titles can appear in more rubrics. At this point the question about using either rubrics or a form of classification using a thesaurus or another form of tagging entries, and a second question is the choice for a database versus single pages. The search function clearly suggests the presence of a database, but the tagging of entries could be more generous. However, you can apply multiple filters for author, title, year, location, publisher and language. For the genre Hausväterliteratur there are now 784 entries. A section such as the one concerning publications about single medieval encyclopedic works contains nearly 4,000 items. As for now there is a total of 21,000 titles in this database. Whatever the quality of the coverage, the quantity of entries commands respect. For many entries Ketsch has added links to translations in other languages, reference works and bibliographies. In some cases you will see a series of incunabula editions of works, this seems too much of a good thing, even for Diogenes Laertius’ Vitae phlosophorum.

We must proceed now to the heart of Ketsch’s website, the general and specialized encyclopedias. For the general encyclopedias there is a division in periods (Antiquity, Middle Ages and Early Modern) and in entries for several modern languages. The presence of works in Danish, Swedish and Norwegian is a most welcome addition. In the section with Dutch encyclopedic works I encountered several books which you do not encounter often. In this respect it is good to see more popular and educational works. For the legal disciplines Ketsch mentions three German Konversationlexikons, in particular Herman Wagener’s Neues Conversations-Lexikon. Staats- und Gesellschafts-Lexikon (23 vol., Berlin, 1859-1867) was a massive project followed by modern successors. Ketsch scores by guiding you also to studies about the genre of the Konversationslexikon. If you want to know more about the Zedler Ketsch gives you some thirty publications.

The biographical section of the Enzyklothek shows national biographies for twenty countries, showing their rich history from printed works to online databases. The subsection with women’ biographies contains some eighty titles, almost exclusively translations of and studies about Boccaccio’s De claris mulieribus. I had hoped for a very different content… At this point I must alert to Ketsch’s invitation for anyone interested to help him with his project.

How show one judge the merits of the Enzyklothek? The Swiss project on Enzyklopädien, Allgemeinwissen und Gesellschaft [Encyclopedias, general knowledge and society] stopped adding entries after the launch of Ketsch’s website. The overview of works of the Swiss project, launched in 2001, offers an alphabetical list of authors, a chronological overview and a drop down menu for particular genres. Its strength lies in the descriptions of works and the attention to the context and variety of encyclopedic works.

Logo N-ZyklopThe project N-Zyklop (Universität Trier) which started in 2005 is another attempt at a full-scale database for finding encyclopedias. I checked here for works concerning Law (Recht). At first I was bewildered by the wide choice of works concerning trade and the presence of some biographical dictionaries, but you will find also the Vocabularium jurisprudentiae romanum by Otto Gradenwitz and other German scholars (Berlin 1903-1939). In particular the first edition of Jacob Bes’ Scheepvaarttermen. Handboek voor handel en scheepvaart (Amsterdam 1949) seemed gone astray, but in its multilingual version it became a classic work for maritime law, Chartering and shipping terms (1951). With some 5,000 entries and the possibillity to search for Dewey Decimal Classification codes in the advanced search mode N-Zyklop is certainly worth a visit, even if you have to translate the German terms used for every DDC code.

Lists versus databases

While preparing this post I thought I had spotted in the Enzyklothek an entry for the digitized version of the Lexikon für Kirchen- und Staatskirchenrecht, Axel von Campenhausen et alii (eds.) (3 vol., Paderborn, etc., 2000) in the section Digi20 of the Digitale Sammlungen of the Bayerische Staatsbibliothek, but I looked at the wrong place, and thus I was at first unable to retrace it. Finally I realized I had seen it in the German Wikisource list of online encyclopedias and lexicons. This work brings me to the final section of this contribution for a quick comparison of the specialized encyclopedia websites with the lists of encyclopedias offered at Wikisource. Some of my readers might well ask why I choose not to start with them. The main reason for my choice is the fact the lists at Wikisource and Wikipedia are not always the fruit of systematic and methodic search, but there is a clear degree of control, and thus the information can be most useful. In fact I had expected the name of a very conscious and active contributor to the German Wikisource as the main author or coordinating editor of this splendid list.

The German Wikisource page for encyclopedias has a section on Politik und Recht, politics and law. When you look at the works mentioned on it the Enzyklothek clearly is deficient. Among the notable works is the Deutsches Staats-Wörterbuch by Johann Kaspar Bluntschli and Karl Brater (11 vol., Stuttgart-Leipzig, 1857-1870). Bluntschli’s draft for a civil law code of the Swiss canton Zürich influenced the Schweizerisches Zivilgesetzbuch designed by Eugen Huber (1907). Bluntschli is better known as one of the founders of the Institute for International Law-Institut de Droit International. You will find als the first three editions of the Staatslexikon published by the Görres-Gesellschaft since 1887, with the eight edition now being published. Even today one can benefit from Emil Seckel’s continuation of the Heumanns Handlexikon zu den Quellen des römischen Rechts; the sixth edition (Jena 1929) has been digitized in Sevilla (PDF, 80 MB).

I would have been most happy to report here on the wealth of information in the English and French Wikisource for legal encyclopedias, but alas this is not possible. The English Wikisource bring you to the first edition of a single multivolume work, The laws of Engeland, being a complete statement of the whole law of Engeland (31 vol., London, 1907-1917) by the Earl of Halsbury, an encyclopedia from beginning to the end and nevertheless avoiding this word in its title. The English Wikipedia lists five online legal encyclopedias. For completeness’ sake I note that the similar French and Ukrainian Wikisource pages do not give you any legal encyclopedias, but the Russian Wikisource mentions three legal encyclopedias. It is only logical the German Wikisource has also an interesting page Rechtswissenschaft for digitized old laws and older legal works. Both the various Wikisources and Wikipedias as resources in open access gain everything from the input and efforts of contributors. In my view it is wrong not to take them as serious as other encyclopedias in print or online.

Some conclusions

This rapid tour of legal encyclopedias taught me a few things. Apart from my preference to delve into old books it is simply important to realize the great encyclopedias in print and online of our century have many forerunners, a number of them taking much space on your shelves. The famous ones had their competitors, but there was also a market for abridged versions. It is good to see you can often hardly distinguish between legal encyclopedias and legal dictionaries. Another thing is almost a returning refrain here: do not stay content using just one major resource for any subject. The question of languages is a second thread on my blog. The use of the translation tool in a particular web browser from an omnipresent IT firm helps you to get at least a rough idea of contents, and it teaches you knowing a language inside out does help you in many ways. The books on early economic thought and their focus on running a household is a welcome reminder economics only started in the nineteenth century to claim an existence as a science. Private law has captured more attention from legal historian than public law, and this bias, too, becomes more clear thanks to these projects.

Last but not least the predominance of German resources in this post is indeed due to my familiarity with German research. For German legal historians having the second edition of the Handwörterbuch zur deutschen Rechtsgeschichte in front of you on your computer screen as HRG Digital has been a major qualitative step, although you have to subscribe to it or find a university library with a license for this online resource. It is one of the dictionaries containing much more than you would expect. There is also a printed version of the second edition. It is fitting to end here with the efforts of Gerhard Köbler in Innsbruck, who has not only published a number of historical legal dictionaries, but also maintains a massive portal on German and Austrian law and legal history, including for examples concise biographies of many lawyers. Köbler prefers web pages above a database. As for libraries with collections of Early Modern legal works, and increasingly also digital collections, you will not stop me pointing here regularly to the Max-Planck-Institut für europäische Rechtsgeschichte in Frankfurt am Main.

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Listening to tuneful news: Streetsongs and crime

Just like law music is almost everywhere. It should be no surprise to find law and justice in songs, and a few years ago I first explored this theme in my post The Legal Song: Legal history in lyrics, This time I want to look a bit closer to a specific genre, broadside ballads, a subgenre of pamphlets, yet another subject not unfamiliar to regular visitors of my blog. Recently the team behind the French legal history project Criminocorpus launched the website Complaintes criminelles en France (1870-1940). Broadside ballads as a musical genre have come into view in particular for the United Kingdom, but this genre existed elsewhere also, and not only during the Early Modern period (1500-1800). The genre definitely widens my perception of pamphlets as a communication medium.

News in songs

Last week I first saw the new French collection. in fact it pushed me to look again at digital collections with only broadside ballads. Even if their number is still restricted, they now exist for more countries than I was aware of, reason enough to have a better look at them.

Marchand de crime - colored engaving, 1845 - source: Criminocorpus

Jean-François Heintzen has created for Criminocorpus a database in which you can search with a simple search with the possibility to use a proximity search. As for now the search interface is only in French, but no doubt an English interface will be added soon, because all elements of Criminocorpus can be accessed in both French and English. You can also search using an interactive map of France which shows you also where most of these complaintes were originally heard. The digital collection with these songs has been created by the Bibliothèque nationale de France for its digital library Gallica. It becomes quickly clear Paris has the largest share, and also the largest audiences, and it seems people in Brittany, around Lyon, in the Languedoc and near the Belgian border could have heard them a bit more often than in other parts of France. The database is strong in indicating the tunes (timbre) to which a complainte was sung. It even alerts to cases in which another song presented the same criminal event. You will find whenever possible also information about the crime and the fate or trial of the accused. I could not find the exact number of complaintes in the database, but a quick look at the interactive map suggest the number must be around three hundred.

The comment in French under the image of the man with a broadside ballad in his hand connects the songs explicitly with news: Marchand de crimes ou crieurs de journaux, “crime merchant or newspaper crier”. The broadsides featured often a telling image, one of their attractions. Dutch street singers used in the nineteenth century a so-called smartlap, literally a “sorrow cloth”, a large illustrated roll which they could unfold and hang on a pole. The word smartlap is still used as the synonym for tear-jerking melodramatic popular songs.

I searched for other collections in France with exclusively complaintes criminelles, but this selection from the holdings of the BnF is the largest one. When you search for complaintes in the website Moteur Collections of the Ministère de la Culture it brings you a substantial number of results in a wide variety of collections. The French portal for digital cultural heritage Patrimoine numérique leads you to just one collection with recordings made between 1979 and 1988 concerning oral memory, chansons and popular dances from Mont-Lozère for which the link was broken. You can get access after authorisation to recordings in the Ganoub database of the Maison Méditerranéene des Sciences de l’Homme (MMSH) in Aix-en-Provence.

Straatliederen, “street songs”, form a substantial part of the Dutch Liederenbank created at the Meertens Institute for Dutch Ethnology in Amsterdam. This database contains now a staggering 170,000 Dutch and Flemish songs. At the Memory of the Netherlands portal you can access and search for some 7,000 broadside ballads with nearly 15,000 songs, both from the holding of the Meertens Institute and the Dutch Royal Library. You can listen to recordings of some of the most popular songs, too. The founder of the Liederenbank, the late Louis-Peter Grijp (1954-2016), was not only a musicologist, but also a performer of early music and popular songs, playing the lute as a soloist or with his ensemble Camerata Traiectina. His research into the use of contrafacta, songs made to re-used melodies, helped to recognize texts as song texts, and to find the right melody or melodies for performance.

Logo VD-Lied

For Germany and Austria researchers can go to the project VD Lied: Das Verzeichnis der deutschsprachigen Liedflugschriften. This project builds on the bibliographical project VD16, VD17 and VD18 for Early Modern books from Germany, Switzerland and Austria. VD17 and VD18 link to digitized copies of the works they contain. The partners of VD-Lied are the Staatsbibliothek zu Berlin, the Zentrum für populäre Kultur und Musik in Freiburg am Breisgau, and the Archiv des Österreichisches Liedwerkes in Vienna. This database contains 30,000 songs from 14,000 digitized Flugschriften and Flugblätter.

Ballads in the British isles

header-ebba

Digital collections in the Anglophone world get perhaps more attention than collections elsewhere in the world, but it makes sense to bring them here together. The English Broadside Ballads Archive (EBBA, University of California at Santa Barbara) has become the portal to access a number of digital collections in the United Kingdom and the United States, with a focus on seventeenth-century ballads. The Pepys Collection of Magdalene College, Cambridge (1,800 items), the Roxburghe Collection of the British Library (1,500 items), Scottish collections at Edinburgh and Glasgow, and three collections of the Huntington Library, San Marino, CA, all in all almost eight thousand ballads, can be searched here together. The bibliography and additional information strengthen its online presence. In the Huntington Digital Library you can search among some 500 digitized ballads.

It is well worth including here also the Kenneth S. Goldstein Broadsides (University of Mississippi Libraries) with some 1,500 ballad broadsides from the United Kingdom and Ireland from the late eighteenth to the early twentieth century. At the web site Glasgow Broadsides Ballads Glasgow University Library has digitized some nineteenth-century ballads from its Murray Collections for which earlier ballads are accessible through EBBA. The National Library of Scotland created the collection The Word on the Street with among the 1,800 broadsides from the period 1650-1910 also some ballads. I am sure I might have missed some websites with transcriptions of ballads. Let’s not forget to point you at least to the Broadside Ballad Index created by William Bruce Olson, and the Folksong Index and Broadside Index created by Steve Roud, accessible online at the Vaughan Williams Memorial Library, London.

However, in a competition among digital broadside ballads collections Broadside Ballads Online of the Bodleian Libraries, Oxford, still clearly would wins for sheer numbers (30,000 items)! In its new design, light-years away from the austere user interface of Ballads Online which had survived all changes behind the surface, you can even choose the colours of the main type font. A second outstanding thing is the coverage in time, not only the period before 1800, but right into the twentieth century. The Iconclass search function for illustrations or if you prefer a simple keyword search, and even for some images a similarity search, place this collection ahead of all others. The illustration search and the overviews of subjects helps you to rethink your own approach and questions. By the way, the Bodleian Libraries recently developed a digital manuscripts toolkit for working with digital images along the lines of the International Image Interoperability Initiative Framework (IIIF).

A look at American ballads

American culture and history come into view at the Isaiah Thomas Broadside Ballads Project of the American Antiquarian Society (AAS). Isaiah Thomas collected broadsides in Boston during the early nineteenth century. Here you can find some 300 broadsides, and also thirty recordings of ballads. You can search directly or browse subjects in alphabetical order, which usefully includes also the woodcuts. It is a treat to look at the overview of digital projects supported by the AAS. Here it must suffice to mention the American Vernacular Music Manuscripts, ca. 1730-1910 hosted at Middle Tennessee State University. The notable collection collected by Helen Hartness Flanders is now at Middlebury College, Middlebury, VT; you can consult some 450 digitized broadsides ballads of this collection in the Internet Archive. Pop music and poetry are the heart of the digital collection Beat Movement: Poetry and Broadsides (Utah State University). I did not conduct an exhaustive search for American examples. You will find them also using the Digital Public Library of America. A quick search in the rich digital collections of the New York Public Library brought me just one result, which cannot be the complete truth. Patient research will surely yield much more. For this the Smithsonian Center for Folklife and Cultural Heritage and the Smithsonian Folkway Recordings are an appropriate starting point.

If you have doubts about the value and use of these digital collections you can find much in the current issue of the journal Recherche en sciences sociales sur Internet (RESET) on Patrimoine et patrimonialisation numérique / Heritage and Heritagization (6/2017). The acronym RESET is in this case strong! The digital turn is much more than only quick access to resources faraway, a theme articulated for global history in the 2016 article by Lara Putnam discussed here last year. At the Revues portal you will find also the Swiss journal Cahiers d’ethnomusicologie.

Logo Criminocorpus

With the MMSH at Aix-en-Provence and the Smithsonian and other institutions I came from ballads in print to modern recordings of old ballads, and it is tempting to follow that road already here in more detail. I will return to the use of recordings in another post in the near future. In this post you will find hopefully enough for your own interests. On the other hand you might want to look at more treasures at the Musée d’histoire des crimes, de la justice et des peines created by the Criminocorpus team or start following the Criminocorpus blog.

Picturing the law

Poster "Law's Pictures Books"Legal iconography covers a wide choice of subjects. Illustrations in legal books form a class of its own. In the exhibition Law’s Picture Books at The Grolier Club in New York illustrated law books from the rich collection of Yale’s Lillian Goldman Law Library are put on display. In some previous posts here this collection has figured prominently, but this is the occasion to show more of its glories. The exhibition is accompanied by a number of online videos created by Mark Weiner and Mike Widener, curator of the Rare Book Room at Yale Law Library. You can consult online many images taken from legal books in this collection at Flickr. The blog of the Rare Book Room often present illustrated law books, too. Yale Law Library show a second related exhibition, Around the World with Law’s Picture Books, curated by Mike Widener and Emma Molina Widener, yet another reason to look here again at this great collection.

Mark Weiner, currently on leave from Rutgers University, is best known for his book The Rule of the Clan (2013) and his blog Worlds of Law. The Grolier Club of New York, was founded in 1884. It is one of America’s oldest and most active organizations for book collecting and bibliography, with an extensive library and collections concerning these fields.

Windows on the variety of law

Cover of the exhibition catalogue "Law's Picure Books"

For the exhibition in New York a full catalogue is available. On the blog of the Rare Book Room Mike Widener tells about the themes chosen for the exhibition. Weiner and Widener have grouped 140 books around ten themes. In the next paragraph you will see which choice I have made among them to give you an idea of both the book and the exhibition. By the way, the image of Lady Justice on the cover of the new catalogue is a reminder of the Justice as a Sign of the Law exhibit at Yale Law Library in 2011 around Judith Resnik’s and Dennis Curtis’ monograph Representing Justice. You can read online sections of their book and view an online version of this earlier exhibit. The new catalogue has been produced very handsomely. It is a joy to read the introductory essays, not only written by Weiner and Widener, but also by Jolande E. Goldberg (Library of Congress) and Erin C. Blake (Folger Shakespeare Library). They succeed in putting the exhibition into multiple perspectives.

An illustration about windows

Image from “Cases on appeals concerning the duties on houses and windows (…) (London 1782) – Yale University, Lillian Goldman Law Library

I will not give here a spoiler of all themes, and restrict myself to just one theme, “Arguing the Law” (chapter 7), with images of evidence used in court and illustrations used to influence public opinion. Here literally the force of the proverbial telling image is shown, for an image shows more than thousand words can say. You can look for example at the victims found in a ship wreck. There are two pictures with windows for cases concerning a tax on windows. Another image shows an early telephone in a case about the patent of Alexander Bell for his invention. Yet another drawing shows a neighbourhood around a block of houses where two of them had been destroyed to prevent a fire to bring even more damage. For an early twentieth-century trade mark case the image of the dispute packing of biscuits is the very core of the case. There is a beautiful drawing of a bridge which allegedly hindered steamboats on the Ohio, and a chilling image of the way torture was afflicted.

In one of the five videos you can see the preparations for both current exhibitions, with for example a discussion about the choice of the images for particular themes and the order of appearance in the showcases. It is particular interesting also to see Mike Widener in action both at Yale Law Library (“Two Ways to Work“) and during a visit to the New York antiquarian book fair. In a way the two exhibitions crown his collection policy which led him to create not just a good collection of illustrated law books, but a real great one from which scholars and student will benefit long afterwards.

Dutch and Flemish legal history come into view for example with an image taken from a seventeenth-century edition of Joost de Damhoudere’s Practycke in criminele saken where two men are busy moving illicitly poles marking roads. In fact numerous editions of his work are shown in New York and in the catalogue. I promised not to tell here everything, but I must point you to an image of Lady Justice seated on the Corpus Iuris Civilis, the Corpus Iuris Canonici and the Bible in an eighteenth-century Dutch translation of a work on criminal law by the German lawyer Benedict Carpzov. Among the things to note is the author of the engraving, the Dutch actor and artist Jan Punt (1711-1779).

It is difficult to stop here and not to continue showing you illustrations which offer you food for thought. For many illustrations Widener and Weiner have not stayed content with just a description, but they ask questions as well, sometimes a bit rhetorical, but more often real questions. The exhibitions in New York and New Haven help us to become more aware of the impact of images, and to see legal iconography as a substantial element of legal studies and legal history. Some newspapers and magazines use a system with stars in their reviews of books, exhibitions and recordings. This exhibition needs no further laurels!

Law’s Picture Books: The Yale Law Library Collection – New York, Grolier Club, September 13-November 18, 2017 – Around the World with Law’s Picture Books – Yale University, Lillian Goldman Law Library, New Haven, CT, September 5-December 15, 2017

An empire of laws and books

Empires come and go in different forms. The Spanish colonial empire came into existence and made its mark on people not only by physical conquest, but also by the power of words in print. The sixteenth-century was witness to the success of the printing press. Governments used books in many ways. In this post I would like to introduce a new digital collection concerning colonial law in Latin America created by the library of the Max-Planck-Institute for European Legal History in Frankfurt am Main, In recent years global and transnational legal history has become a major focus in the various programs of this institute. At the start of a new academic year and at many other moments it is always sensible for legal historians to have a look at the developments of this great research institute.

The laws of the Indies

Starts screen De indiarum iure

The new digital collection has a Latin name, De Indiarum iure, “On the law of the Indies”As for now there are 33 titles in this collection. Instead of deploring the low number of books you had better appreciate the presence of works on canon law and the Christian faith. This mixture of subjects shows in a nutshell the all-encompassing impact of the books the Spanish published, mainly in Mexico and sometimes elsewhere in Latin America. The work that gives its name to the collection, Juan de Solórzano y Pereiras’ De Indiarum Iure, has not yet been digitized within this digital library. You can consult online a copy of the first edition (Madrid 1629) in the Internet Archive (copy Rome, Biblioteca Nazionale Centrale). There is a reprint of this edition (Frankfurt am Main, 2006). A modern critical edition of this text has been published in the series Corpus Hispanorum de poce by C. Baciero (3 vol., Madrid 1994-2001).

More to the point is perhaps the question of the relation of this new collection to the project of this Max-Planck-Institute around the legal history of the School of Salamanca. The term School of Salamanca refers to Early Modern authors who taught at Salamanca in the fields of law, theology and philosophy. A fair number of them were either Dominicans or Jesuits, and their background was another factor in making the debates more interesting and complicated. In fact there is a web page of the institute for cooperation with a second project in Germany concerning this Spanish university, The School of Salamanca (Akademie der Wissenschaften und der Literatur, Mainz). Thomas Duve, one of the two directors of the MPI in Frankfurt in Main, leads also this project in Mainz. The Mainz project will eventually also present a digital library of relevant resources. Thoughtfully one has already provided a list of works to be digitized. The website of the Salamanca project at Mainz points to a number of relevant links and even a mailing list for those interested in the project. These webpages can be viewed in German, English and Spanish.

Start screen digital collection The School of Salamanc

At a separate website, The School of Salamanca, with indeed a very sensible use of the extension .school in its URL, you may want consult the digital collection created for the project at Mainz which now contains 118 works. On closer inspection you will find currently only 21 works, with links to the online catalogue of the university library at Salamanca, but no actual links to digitized works. However, in the digital library of the Universidad de Salamanca you will find a number of the works announced at Mainz. Where possible links to digitized works at Salamanca could be added swiftly. The website with the digital library will also contain a legal-political dictionary. Both projects seem promising, but at this moment they both do not yet bring you completely what you would expect. The MPI website does not yet give you the URL of the joint digital collection. By all means one can wonder about the launch of two related digital collections which seem to cry out for an integral approach following the lines of the new projects at the MPI which cross borders effortlessly. Both projects do look beyond more traditional ways of inquiry. The blog of the Mainz project is one of the places to look for various aspects of modern research into Spanish authors, as does the general page of the MPI on the School of Salamanca and legal history.

A third project, Scholastica Colonialis, is worth some attention here, too. Scholars from six countries do research on the history of Spanish and colonial philosophy in the Early Modern period. This project will not contain a digital collection.

Logo Primeros Libros de las Americas

On purpose I mentioned the absence of a special digital collection at Scholastica Colonialis. In view of the variety of digital libraries in Latin America and those in Spain and Portugal concerning the Americas it is justifiable to question the need for a new digital collection. The MPI wisely chooses at De Indiarum iure mostly works not commonly associated with legal history. The project at Mainz has not yet completely implemented its choice for works digitized at Salamanca, but its aim and the argumentation behind this choice seem clear. To get an idea of the number of digital libraries for both North and South America you might want to look at the links collection I created at my own legal history website. For perfectly understandable reasons the MPI at Frankfurt am Main does not maintain a portal for legal history with extensive links collections, otherwise I probably would not have started my own pages with links to digital libraries, archives and image collections. To mention a few examples of the very extent of such libraries, the international Biblioteca Digital de Patrimonio Iberoamericano now even has a section for incunabula. Primeros Libros de las Americas is a second international project which brings you books printed in the Americas before 1601. This is the place to mention also the online Catálogo Colectivo de Impresos Latinoamericanos hasta 1851 for Latin American editions, and you might want to use the Catálogo Colectivo del Patrimonio Bibliográfico Español.

My first impression of the De Indiarum iure digital collection at Frankfurt am Main is mixed. Perhaps it is best to see it as a kind of preview. When eventually more titles have been added to it, the collection will certainly be a further asset to the digital library of the Max-Planck-Institut für europäische Rechtsgeschichte. No doubt the word “European” will one day disappear from its name! The digital collection at Mainz strangely lacks links to digitized books, but this omission can easily be repaired. A second thing to keep in mind that whatever the qualities of both digital collections might be they form elements for projects that will massively enrich our knowledge, understanding and views of the School of Salamanca as a factor in Spanish and Latin American history with a fascinating interplay between scholastic thought, legislation and Early Modern debates on many aspects of law and society.

Canada´s confederation at 150 years

Official banner Canada 150

With the summer approaching you can be busy enough to almost miss events such as centenary celebrations. Thus the celebration of 150 years Canadian confederation, a major step to Canada´s independence almost escaped my attention. Centenary celebrations should not stand in the way of other subjects, but I think this one is interesting enough for a post here. At the heart of this contributions are the main constitutional documents in Canadian history, both before and after 1867. It will be instructive to make a tour of the major online portals with historic and current constitutions.

Before and after 1867

The websites which bring us online versions of constitutions worldwide often restrict themselves to current versions, but happily there are exceptions. Some portals give primarily historical versions. The Archivio delle Costituzione Storiche (Università di Torino) gives for Canada only documents from 1871 to 1943, and only in English. The Digithèque MJP (Université Perpignan) gives a very generous selection of constitutional documents concerning Canada, a number of them located at this portal and other elsewhere. The wealth of information from Perpignan, including an overview of major facts in Canadian history, is such that it is helpful to have a direct link to its version of the 1867 act. Canada is absent among the German translations at Verfassungen der Welt, but the English version is present at its Anglophone counterpart, International Constitutional Law (Universität Bern). I could not find quickly any Canadian document in the Avalon Project (Yale Law School).

William F. Maton created the webpage Canadian Constitutional Documents, with first of all a consolidated version of the British North America Act 1867, followed by later constitutional documents up to 2001. Alas the Spanish page gives no Spanish translations of the texts, only a translation of the introductions and explanatory notes. The Constitutional Society offers only the English version of the 1867 act. Among the facsimiles at The Rise of Modern Constitutionalism, 1776-1849 there are simply no documents relating to Canada, which helps to create the false impression no such documents came into being before the mid-nineteenth century. The Constitution Finder (University of Richmond School of Law) contains for Canada seven documents (1867, 1982, 2011). In the Constitute Project of the University of Texas at Austin you will find only the current version of the Canadian 1867 act. A Russian project for constitutions worldwide brings you Russian and French translations of the Canadian constitution (1867, 1982, 1989).

Logo Canadiana

I made this tour of websites for the history of constitutions because it appeared that the URL for Canada in the Making at the digital portal Canadiana was broken, and also for checking the other web addresses of constitutional portals. The English version of Verfassungen der Welt had moved to a new URL, and I had to update the page for digital libraries at Rechtshistorie where you can find a section with these portal sites. The Internet Archive saved the pages of Canada in the Making, evidently an educational resource which got skipped at Canadiana without a trace. It seems there has developed a paradox between its absence and the abundance of sister portals for Canadiana, a general portal for online resources, the Héritage/Heritage portal for archival collections, and Early Canadiana Online, to mention only the most important offsprings. If you search for the word constitution at Early Canadiana Online you will get nearly 3,000 results.

Canada in the Making featured not only Canadian constitutional history, but also sections on aboriginal treaties and relations, and on pioneers and immigrants. The very words used for these two sections can cause frowns, and you might guess they explain at least a part of its disappearance. The section on constitutional history starts its story in the seventeenth century, and makes it sufficiently clear that the 1867 act is surely a milestone, but decidedly not the only one in Canadian history.

For a concise introduction to Canada’s constitutional history the page of the online Canadian Encyclopedia on this subject and separate pages about the 1867 constitution and other major acts are most rewarding. Dutch readers will recognize in particular the role of unwritten conventions in Canadian law which closely resemble Dutch constitutional law.

Logo Then/Hier

One of the gateways to educational resources for Canadian history is the bilingual portal Then/Hier. You might expect some attention to the current celebrations, but this portal shows no signs of them. Among the teaching resources is a section on constitutional history, and if this is not enough for your taste you might have a look at the generous selection of links at Then/Hier, both in Canada and elsewhere.

If you want to continue a search for digital resources you should have a look at the Canadian National Digital Heritage Index (CNDHI), a portal for searching digital collections. At its start the number of collections included was rather small, but now it seems the team behind CNDHI has put in a lot of effort to create a sensible covering of available digital collections. A simple search with the word constitution resulted in nearly 500 hits.

On my legal history portal I put on the digital archives page the CNDHI among the general resources concerning Canadian archives. The first section of this page leads you to general overviews and gateways to digital inventories and finding aids, the second section brings you to digital archival collections. The links for Canada should help you to pursue your own interests. In the final section you will find among specific tools, sites and societies of archivists also The Association of Canadian Archivists. Writing here about Canadian history has been for me a stimulus to continue to make my overviews of digital archives and libraries better tuned to the needs of legal historians. I can recommend visiting the Borealia blog for much more information about current research on early Canadian history.

A postscript

Some sessions at the upcoming conference Canada’s Legal Past: Future Directions in Canadain Legal History (Calgary, July 17-18, 2017) will deal with Canada’s constitutional history. The Law Society of Upper Canada will organize on September 27, 2017 at Toronto the symposium Lawyers and Canada at 150. The blog of the Osgoode Society for Canadian Legal History keeps you informed about scholarly events and publications.

A portal for the history of the common law

Screenprint online guide to the history of common law, Bodlieian LibrariesSometimes things arrive really unexpectedly. Good introductions and guides to any research field can help you enormously in getting started, gaining an overall view of things and offering openings to wider context. At my own website for legal history, Rechtshistorie, I offer introductions to several legal systems and their history. Recently a couple of online subject guides were launched by the Bodleian Libraries in Oxford which deserve attention here. They amount in fact to a portal. I will focus on the guide to the history of common law, but the other guides are worth visiting, too.

Common law in manifold variety

Logo Bodleian Libraries

A first glance at the new subject guide shows first and foremost an almost overwhelming mass of subjects. It is really a choice to present between thirty and forty subjects on separate pages instead of ordering them a bit by putting for example particular periods or royal courts under separate headings. The first row of headings clearly leads you to more general subjects and some specific sources, the Year Books and law reports. It is easy to point to themes and subjects you might want to add or remove here. Forest law makes a surprise appearance, but you might want to add for example the Inns of Court. Some reshuffling is surely possible, perhaps first of all bringing periods at one level or putting the items in alphabetical order. Anyway I have not yet seen any LibGuide with such a high number of subpages.

In my review of this research guide you must forgive me my personal picks among the headings! Local legal officials is a page giving you general guidance to a fair number of these officials, and understandably sheriffs, constables, justices of the peace and coroners receive most attention here, apart from general information about local government. You will find much more about medieval coroners on my own common law web page.

Under Commentary you will find information about the major current standard works about English legal history and you will be sent also to great historians such as Maitland, Holdsworth, Milsom, Vinogradoff and of course Blackstone. The heading Treatises & Authorities brings you to classic writers such as Coke and Hale, and also to older treatises (Bracton, Britton), but also again to Blackstone. The references to online versions are both to licensed editions only accessible at subscribing institutions, and to free accessible versions. If you have access to subscribers-only materials you are lucky indeed. The free versions give sometimes only a translation of a particular source, a thing not always indicated here.

Among the periods to review here I have chosen a classic era, 1066-1216. The overview of regnal years is most useful, and the choice of electronic resources with both laws and treatises is a good one, as is the choice of studies which you should consult. A second era, 1820-1914, clearly stems from the volume in the Oxford History of the Laws of England. Here the attention to reports is indeed welcome, but I did not find a reference to the U.K. Parliamentary Papers (Proquest). A separate page about the history of Parliament would be very useful, but going to Legislative history solves this apparent omission. On the page about Ireland I missed the Dippam portal with the Enhanced British Parliamentary papers on Ireland. By the way, some pages in this guide have an URL with numeral codes, others contain words which are more recognisable to human eyes. The page on Scotland is strong on important studies and less full for online resources.

The online guide for the history of the common law shows its sheer width by containing a page on canon law. It offers a nutshell guide bringing you to introductions by James Brundage and to some well-chosen studies (Richard Helmholz, Anders Winroth and Stephan Kuttner) and (online) resources. English students starting to discover medieval canon law might want to read also the compact book by Dorothy Owen, The medieval canon law : teaching, literature and transmission (Cambridge 1990).

A web of online guides

The Bodleian Libraries have created similar guides to ancient lawRoman law, the legal history of Western Europe and the history of international law. Using the Bodleian’s general overview of more than one hundred online law research guides the list on the starting page of their LibGuides for law and history can be extended to medieval Scandinavian law and Roman law in translation, a subject dear to me. This overview of translations is very useful. I noticed in particular the online version of excerpts from Mary Lefkowitz and Maureen Font (eds.), Women’s life in Ancient Greece and Rome. A Sourcebook in Translation (2nd edition, Baltimore 1992), which deserves inclusion at my own Roman law page. On the page on medieval Scandinavian law I expected a reference to The Medieval Nordic Legal Dictionary, a project led by the University of Aberdeen, mentioned here last year. Yet another nutshell guide of the Bodleian Libraries is Witchcraft and the law in Early Modern Europe and the USA: Bad magic by Isabel Holoway. Hannah Chandler contributes an online guide to criminal and judicial statistics, 1800 to present day.

At the end of this quick review our thanks should go to the Bodleian, especially to Elizabeth Wells and Margaret Watson for their courage and librarianship to create five guides covering important fields of legal history. To me it is clear that you can frown at the very number of individual subjects and periods in the guide to the history of common law, but at the same time it invites you also to rethink your assumptions. I remember visiting somewhere an online guide based on LibGuides with many subdivisions which in the end scarcely helped to find the rich resources of the library and university. Personal taste, preferences and concrete research interests will influence your opinions about these guides. However, the most important conclusion is that the Bodleian Libraries and other libraries using LibGuides do not hesitate to face the challenge to give guidance in the virtual world, too, and thus redefine themselves for new service to student and scholars in the age of digital information. With the guides dealing with themes and subjects in legal history the law guides of the Bodleian Libraries set an example to which other institution can aspire. The very presence of LibGuides has already inspired many libraries to create sensible guides to many subjects, and it is good to see legal history among them.