Category Archives: Scholars

A new start in medieval canon law

Pope Boniface VIII knew exactly how important the choice of the right opening words was, especially for such publications as his decrees, encyclical letters and decretals. His decretal Rem non novam (Extrav. comm. 2.3.1) issued in 1303 gives its name to an event signalling a development that is partially new and partially a continuation, the restart at New Haven of the Stephan-Kuttner-Institute of Medieval Canon Law. An inaugural conference which takes its name from Boniface VIII’s decretal will be held on May 21 and 22, 2015. New Haven was home to the institute from 1964 to 1970 when Stephan Kuttner, its founder, hold a chair at Yale University. His institute has figured already several times at my blog. It seems right to bring in this post also to your attention the call for papers for the Fifteenth International Congress of Medieval Canon Law, to be held in Paris in July 2016. Both events are mentioned in the congress calendar of my blog, but in my view they merit more attention.

A new start

Banner rem non novam conference at New Haven

Stephan Kuttner (1907-1996) founded the Institute of Medieval Canon Law in 1955 at the Catholic University of America in Washington, D.C. In 1964 Kuttner moved to New Haven, and in 1970 he brought the institute to Berkeley, CA. In 1991 the institute moved officially to Germany. In 1996 the library arrived at the university of Munich. I was involved in the restart of the IMCL at Munich, in particular for creating a catalogue of the books in Kuttner’s library, a task done with the gracious support of the Monumenta Germaniae Historica. Elsewhere on this blog I wrote more about the creation and wanderings of the IMCL. In a way Its travels symbolise the crossing of borders necessary in studying the history of medieval canon law. Stephan Kuttner had to cross the borders of many countries, not only for his research but also to find a home for himself and his family. The IMCL is supported by an institution with a long Latin name, the Iuris Canonici Medii Aevi Consociatio (ICMAC) or International Society of Medieval Canon Law.

In 2013 the IMCL returned to the United States, back to New Haven, Connecticut. Yale University offers again hospitality to this institute, now at the Lillian Goldman Law Library. Apart from books the library of the IMCL contains several collections, especially some 8,000 offprints of scholarly articles, several hundred microfilms both from the original holdings of the IMCL and from scholars such as Gérard Fransen and Rudolf Weigand, and Kuttner’s vast scholarly correspondence. At the Yale Law Library efforts have started to make all these riches better accessible. At the Munich website you can access – in English or German – the library catalogue, the offprints catalogue and the database for twelfth-century decretals based on the research done by Walter Holtzmann and other scholars. To the items in the library and offprints catalogues classifications will be added. The program for the critical edition of texts in the field of medieval canon law will be continued. The Bulletin of Medieval Canon Law is now pbulished by the Catholic University of America Press.

To celebrate the return of the IMCL to Yale University and to underline its importance a conference and grand opening will be held on May 21 and 22, 2015, with scholars coming from all over the world. Rem non novam nec insolitam aggredimur, “we tackle a thing that is not new or unusual”, but in fact harbouring the IMCL is special indeed. At its consecutive homes it always added a number of unparalleled collections to its scholarly surroundings. An example: at Munich I catalogued in 1997-1998 for the IMCL ten publications concerning the Spanish scholar Antonio Agustín. I was hard pressed to find any library worldwide with at least half of these publications. The great variety of resources now present at New Haven are already reflected in the abstracts of the papers to be presented at the May conference.

Reuniting scholars every four year

Banner ICMCL Paris 2016

With Gérard Fransen (Université Catholique de Louvain) and other scholars Stephan Kuttner organized a conference about medieval canon law in Brussels in 1958. A second conference held in Boston followed in 1963, and a third in Strasbourg followed in 1968. Since 1968 these congresses are held every four year, alternately organized east and west of the Atlantic Ocean. The Fifteenth International Congress of Medieval Canon Law will be held at Paris from July 17 to 23, 2016. The Institut d’Histoire du Droit of the Université Paris-II (Panthéon-Assas) will be the host of this congress, with support from the Université Paris-Sud and other well-known research institutes in Paris.

Over the years a division of the congress into six sections has been developed. For many years research concerning Gratian occupied a separate section or at the very least dominated the, section on sources and texts. However, in view of the steady progress of the edition of the frist version of Gratian’s canonical collection this theme will surely return. Proposals for papers can be sent to callforpapers@icmcl2016.org before September 30, 2015.

It might seem carrying coals to Newcastle, but it might be actually important to look a bit closer to the proposed sections for the 2016 congress at its bilingual website. Sources and texts fall into the first section, and canonical doctrine into a section of its own, fair enough. The third section is reserved for institutions, legislation and procedure. The application and influence of canon law make up the fourth section. Relationships between law and theology are the subject of the fifth section, and the last section will deal with schools and teaching of law.

In my view this division shows very convincingly that medieval canon law was not something static and monolithic, even when dealing with eternal values and returning problems for a still united Christendom. Canon law had to react when new laws appeared that might be in conflict with the norms and values it enshrined. Legal matters did touch upon Christian beliefs and vice versa. In the twelfth century it was still difficult to distinguish at all between canon law and theology, and it would be shortsighted to tear them apart too early. Canonical influences can clearly be detected in the procedures of courts, even in courts of civil law. In medieval universities schools rose which defended particular positions about points of law, and of course views changed or gained the upper hand or lost their power. Canon law depended to a certain extent on revived Roman law, but it could as well change the impact of Roman law.

Continuity and change

The original decretal of Boniface VIII deals with a matter that should attract closer attention in the year with celebrations for 800 years Magna Carta. The decretal’s first sentence was “Rem non novam aggredimur, neque viam insolitam ambulamus”, words slightly changed by the organizing committee in New Haven. While borrowing from the preface to Cod. 3.1.14, this pope did change canon law. His decretal was a stepping stone in anchoring norms for valid legal procedure, ensuring that defendants had the right to be brought before a court. The clause of Magna Carta claiming the right to appear before a judge of one’s equals had not yet taken this step forward of granting anyone the right to receive justice in a well-ordered way. Due process is a characteristic of legal procedure shaped to considerable extent by developments in medieval canon law.

Scholars studying medieval canon law have not confined themselves to reading and analyzing only legal texts. Randy Johannesen wrote about the contemporary surroundings and consequences of the decretal Rem novam [‘Cardinal Jean Lemoine’s gloss to Rem non novam and the reinstatement of the Colonna cardinals’, in: Proceedings of the eighth international congress of medieval canon law, Stanley Chodorow (ed.) (Città del Vaticano 1992) 309-320]. Tilmann Schmidt published Der Bonifaz-Prozess : Verfahren der Papstanklage in der Zeit Bonifaz’ VIII. und Clemens’ V (Cologne, etc., 1989) about the steps taken against Boniface VIII himself. These are just two examples, but much more can be added to them, as a search within for example the online bibliography of the Regesta Imperii at Mainz can quickly confirm. Looked at in vitro medieval canon law looses its significance for legal history at large, but time and again it is possible to show its many and surprising connections not only with all layers of medieval society, but also with legal developments right until our century.

Laws and the French Revolution

The French Revolution remains a most interesting and influential period of French history, with an impact far beyond the borders of France. Its great events, the shifts in power and the colourful personalities make it into a subject which continues to hold worldwide attention. At the center of change were the activities of the French national assembly. Revolutionary decrees and laws were one of the prime factors changing many aspects of French society and daily life. Two new digital portals help researchers to access online a veritable treasure trove of relevant materials. In this post I will make a tour of them. This post aims also at laying the foundations for further postings about French legal history. In fact it is solely for reasons of economy and for the comfort of readers that you will find a nucleus of materials lifted out from a larger context. Rather than causing confusion by publishing a very long post with lots of threads I invite you to wait how this post connects with upcoming posts about France during the Ancien Régime and the French Revolution.

Finding the laws

How closer one comes to contemporary history, the more overwhelming the sheer masses of information become. The sheer scope and scale of dealing in any depth with France during the Ancien Régime has become more impressive since you can command a wealth of resources from you computer screen, but in fact you are faced with mountains of information.

It used to take great efforts at research institutions in Paris to get access to materials. My supervisor at Rotterdam, the late Chris ten Raa, became during the sixties nourri dans le sérail doing research in Paris on French judicial institutions created during the French Revolution. I am sure he would have delighted in having so much more at your disposal at touch screen distance. This does not displace the immediate contact with sources and knowing your way in French archives and libraries, but it does most definitely enlarge the scale of research.

Chris ten Raa had been intrigued by Voltaire’s remarks about the juge de paix, a lay judge dealing with cases in a prejudicial phase, and thus bringing justice much quicker and closer to people. Voltaire wrote approvingly about such judges active in Leiden. How much did he influence the eventual plans for installing juges de paix as part and parcel of French judicial reform? Before he became a legal historian Ten Raa himself had worked as a judge. He looked at the cahiers de doléances of 1789 and traced the discussions in the French revolutionary assemblies leading to the law proclaimed on August 16, 1790. He described the early history of an institution which the French also brought to Belgium, the Netherlands and the French territories in Germany. He published the results of his research as De oorsprong van de kantonrechter [The origin of the juge de paix] (thesis Rotterdam; Deventer 1970). At Rotterdam he led in the nineties an international project with the Centre d’Histoire Judiciaire (Université de Lille-2) to investigate in more depth the workings of these judges and other French legal institutions, for example the conseil de famille, which had come to other countries as legal transplants. A very recent study on this subject was published by Guillaume Métairie, Justice et juges de paix de Paris (1789-1838), Étude institutionnelle et biographique (Limoges 2014).

Laws and decrees

Banner Collection Baudouin

The two portals in this post, too, are the fruits of international cooperation. The ARTFL project (American and French Research on the Treasury of the French Language, University of Chicago) was involved in the project for the digital version of the Collection Baudouin, now accessible at a website of the Université de Paris-I (Panthéon-Sorbonne). Other institutions were involved, too, for the realization of this portal, for example the Archives nationales. This digital collection offers you nothing less than a searchable version of the décrets et lois of the Assemblée Nationale between 1789 and 1795. A complete set of the 67 volumes of Baudouin’s collection, the Collection générale des lois, is very rare to find. The famous dictum Nul n’est censé ignorer la loi, nobody is supposed to be ignorant of the law, can now become true when you can deal at your finger tips with more than 20,000 laws and decrees. François-Jean Baudouin was the publisher who faced the challenge to publish the vast stream of legislation, and the portal offers information about his life and work.

The database with the decrees and laws can only be viewed in French. You can access the laws by volume which brings you images of the printed editions (mode image) or by looking for particular texts (mode texte). At the web page for the first search mode you will find also a link to a tool for converting revolutionary dates into normal dates according to the Gregorian calendar. The recherche dans le texte is an advanced search mode. I looked for the law concerning the juges de paix of August 16, 1790, and I could quickly find it. These judges do not appear in the title of this law, one thing that made searching for them in the printed volumes rather cumbersome. Other elements of the portal deserve attention, too, such as the two glossaries for common French words and for proper names which both often appear in variant spellings. There is a section with information about recent publications about French revolutionary legislation, some of them available online, and a section on scholarly events accompanying the work on this portal. Of all sources and resources about the French Revolution you find here at one point access to its very fountain head. It is here you can trace in the préambules the echos of proposals made by the French philosophes and by Frenchmen themselves in the cahiers de doléances.

Before going to the second portal I would like to mention some of the digital resources offered by the Archives nationales. In its ARCHIM database are French constitutions since 1789 and a selection of 42 documents about the French Revolution, and since 2014 also twelve digitized manuscripts of Robespierre. The links selection of the Archives nationales is also very helpful. Initially I missed here the Base Choiseul for searching French treaties, but this database has recently been integrated with the Pacte database for traités en vigueur (treaties in force) into the Base des Traités et Accords de la France, where you can find also a useful survey of treaty collections.

The Archives parlementaires

Image FRDA Stanford/BnFStanford University Libraries have partnered with the Bibliothèque nationale de France (BnF) for the magnificent bilingual portal French Revolution Digital Archive/ Archives numériques de la Révolution française (FRDA/ANRF). There are two main sections, the digital edition of the Archives parlementaires for the years 1787-1794, and Images of the French Revolution, For some reason I thought these images came from the Institut d’Histoire de la Révolution Française (IHRF), because a reshuffling of its materials has made the website of this research institute at present rather confusing. For some years after 1794 the IHRF offers at least links to digitized versions of the Bulletin des lois (1795-1799, 1804 and 1806).

For reasons of copyright the FRDA portal contains only those volumes of the Archives parlementaires published before 1914. The series started as a governmental initiative but soon scholars took over the project. The editions give us in chronological order not only parliamentary deliberations, but also the full text of letters, reports and accounts of events by journalists. The 82 volumes now available online deal with the period from May 5, 1789 until January 4, 1794, and are supplemented by a list of the remaining volumes for 1794. You can use a free text search, but also narrow your searches to particular periods and persons. Further limits can be set to a particular volume, assembly, reports of séances (sessions) or other resources, and even to people surrounding a particular person.

At the FRDA portal you can follow not only the deliberations of the representatives, but it is also possible to read online a number of cahiers de doléances in the edition of the first six volumes of the Archives parlementaires. The website of the Archives de France have created a very useful overview of online resources, with for example at four archives départementales digitized cahiers de doléances [for the AD Charente at Angoulême, AD Haute-Loire (Le Puy-en-Vélay), AD Maine-et-Loire (Angers) and AD Hautes-Pyrénées (Tarbes). At WikiGenWeb is an overview of digitized records in French departmental archives, with also digitized cahiers de doléances at the AD Tarn (Albi), AD Loire-Atlantique (Nantes), AD Nièvre (Nevers; série 1 L 161-162) and AD Saône-et-Loire (Mâcon). I hesitated to give you here the full links, but at some websites the actual links are not easily spotted. Of course you can go to Gallica to find much more, but it is good to see these primary sources in their original settings. Viewing the original documents helps you to appreciate the value of later scholarly editions. For some subjects there are separate critical editions in print of cahiers de doléances.

The Bibliothèque nationale de France offers within its Gallica digital library a fine selection Essentiels du droit, with in its first section sources législatives et réglementaires. For the French Revolution you can find such series as the official Bulletin des lois de la République Française, available from 1789 to 1931, the Collection Duvergier with laws, decrees and ordinances from 1788 to 1938, and the Recueil général des anciennes lois françaises (“Collection Isambert”; 29 volumes, Paris 1822-1833). Jurisprudence starting from the late eighteenth century can be found in several series of sources jurisprudentielles, among them the still existing Recueil Dalloz. The sheer impact and continuity of the French Revolution and the subsequent incarnations of the French republic is nowhere more clear than in these series, although it might seem a drawback that you cannot not find so easily sources for a more narrow period. However, among the eternal questions surrounding the French Revolution is the very question when it ended. The French Revolution is the classic case for looking at both continuity and discontinuity, for beginnings and endings which can be seen from an infinite number of angles. The material sources of French laws between 1789 and 1795 are the subject of a recent special of the French online journal Clio@Themis.

For French legal history the support of the Bibliographie d’histoire de droit en langue française (CLHD, Nancy) is most welcome. Its database can be consulted both in French and English. The liberal use of keywords in the thesaurus (“topics”) search helps you to search systematically for a particular subject. For the French Revolution and for legislation you can distinguish between scores of subjects and themes. It brings to your attention several reference works, for example the Dictionnaire de l’Ancien Régime, Royaume de France, XVI-XVIIIe siècles, Lucien Bély (ed.) (Paris 2005), the Dictionnaire de la culture juridique, Denis Alland and Stéphane Rials (eds.) (Paris 2005) and the massive Dictionnaire critique de la Révolution française, François Furet and Mona Ozouf (eds.) (5 vol., Paris 2007). The emphasis in this bibliography is on publications in French. Of course there are books missing, for example Edna Hindie Lemay (red.), Dictionnaire des Législateurs, 1791-1792 (2 vol., Ferney-Voltaire 2007). However, her Dictionnaire des Constituants, 1789-1791 (Oxford 1991) has been included. You can read online Lemay’s posthumously published article ‘Les législateurs de la France révolutionnaire (1791-1792)’, Annales Historiques de la Révolution Française 347 (2007) 3-28, an article that she had wanted to be read alongside her second dictionary. It serves indeed as a quick guide to the differences and continuities between the people building the Assemblée constituante and the Assemblée législative.

Recently Patrick Arabeyre, Jacques Krynen and Jean-Louis Halpérin published the second edition of their Dictionnaire historique des juristes français, XIIe-XXe siècle (Paris 2015). Let’s finish this paragraph with yet another dictionary, this time available online in French and English, the Dictionnaire Montesquieu, a guide to the history of political thought in eighteenth-century France. A number of its articles deal with law and justice, and it can serve as a reference work. The dictionary is a part of the Montesquieu project at the École Normale Supérieure de Lyon.

A never-ending story

With Montesquieu we crossed the broader between the French Revolution and the Ancien Régime, and between the people giving laws to a new nation and the authors inspiring them. I find it difficult to stop here when it is so clear that these two magnificent portals for the legal history of the French Revolution should be and are at the center of a veritable galaxy of other resources. Studying and researching the French Revolution has become a specialized industry. In a sequel to this post I will take my lead from a part of the FRDA portal which I have left out here, its image database, and I am sure I will discuss other resources as well.

For everyone wanting already to find out more about the French Revolution I can at least mention here some online resources, and what follows is definitely only a selection. Normally the website of the IRHF should be a starting point, especially in combination with the online journal Annales Historiques de la Révolution Française. In the absence of an online version of the Bibliographie annuelle de l’historie de France, the French general historical bibliography, you can gain information about relevant publications in the Bibliographie nationale française, with publications since 2001, a service of the BnF, and in Benoît Melancon’s XVIIIe siècle: bibliographie (Université de Montréal) with publications from 1992 onwards. A resource in German, the WebGuide Geschichte at Historicum, is most useful, certainly when combined with the section concerning the French Revolution at this history portal, with in particular its Bibliographie bicentenaire. The archived version of a special subdomain of Historicum about the French Revolution is worth checking, too. The online journal Révolution Française. L’esprit des Lumière et de la Révolution brings articles and notices in a well-organized fashion, and in some cases quick access to online materials. In its section Éditions you can go to online versions of two recent books about such figures as Barnave and Marat.

I cannot think of a better end here than bringing you back to Chris ten Raa who remained a faithful visitor of the Bibliothèque Cujas in Paris. Its printed and online resources – including Cujasnum, its own digital library, and its online Iurisguide – will continue to support any research into French legal history.

Rethinking medieval history: Jacques Le Goff (1924-2014)

Phptp Jacques Le Goff - source: L'agenda du médiévisteWith the death of the French medievalist Jacques Le Goff on April 1, 2014 the academic worlds loses not only a prolific historian, but also one of its great inspiring teachers who devoted himself to renewing our insights into medieval people and the medieval world at large. At the heart of his work was the belief that for understanding medieval culture in all its aspects you need to gain insights of medieval minds. The histoire des mentalités was not his invention, but together with Georges Duby he succeeded in applying the ideas of the French Annales school of historiography to medieval history in far greater depth than its founders Lucien Febvre and Marc Bloch could ever have hoped for. Johan Huizinga wrote somewhere: “We will need to have a history of the hat”, a history of all those countless elements of daily life which make up your surroundings, without realizing how particular they are. Le Goff choose not material objects as his theme, but he did delve into often neglected sources to find out the habits and workings of medieval minds.

Of his many books the brief study La bourse et la vie. Ëconomie et religion au Moyen Âge (Paris 1986) [Your money or your life. Economy and religion in the Middle Ages, Patricia Ranum (transl.) (New York, 1988)] can be singled out as perhaps entering the fields of legal history more than any other of his publications. On the surface this short book is a sequel to his major study La naissance du purgatoire [The birth of purgatory] (Paris 1981), the history of the slow surfacing of the purgatory, a new theological concept, His foray into economic history might look at first surprising, but it is not when you remember the subtitle of the Annales journal during the second half of the twentieth century, Économies – Sociétés – Civilisations. Among Le Goff’s early publications was a volume for the famous French series of short introductions Que sais-je? on medieval merchants and bankers [Marchands et banquiers du Moyen Âge (Paris 1955)].

It was typical of Le Goff to build his essay-like study about usury and usurers around sources which normally would only figure at the margin of a study touching on legal history. His choice to focus on a number of exempla, medieval short stories often used by preachers, and sermons containing an exemplum about an usurer, is richly rewarded. Le Goff succeeded in this study in offering also an introduction in a nutshell to medieval economic thought. He published this study before most of Odd Langholm’s fundamental studies about medieval economic thought appeared. However outdated Le Goff’s views on medieval economy might become, his lesson that medieval thought came very close to ordinary people remains fruitful and inspiring, not in the least because Le Goff was a great story-teller, too. As few historians before or after him he bridged supposed and real gaps between theories of medieval society and medieval theories at one end, and medieval life and behavior in its various dimensions at the other end. At the heart of Le Goff’s studies were medieval men and women. At the École des Hautes Études en Sciences Sociales (EHESS) he fostered the field of historical anthropology. It is difficult to imagine much modern work on medieval history in France and elsewhere in Europe without the influence of his work and the studies by a number of his students who became themselves influential medievalists, in particular at the EHESS center’s Groupe d’anthropologie historique de l’occident médiéval (GAHOM). You will find here for example digitized literature with exempla and the Thesaurus Exemplorum Medii Aevi.

Le Goff lived long enough to see the great blossom of medieval studies since the last quarter of the last century. He had the greatness and humility to see the blind spots and omissions of his early work. In the 1984 edition of Les intellectuels au Moyen Âge, originally published in 1957, he readily admitted to have underestimated the close relation between intellectuals and urban life, between intellectual power and political power. He cited with approval Giovanni Santini’s Università e società nel XII secolo: Pillio da Medicina e lo Studio di Modena (Modena 1979) who stressed the importance of the common background for cathedral schools and the new medieval universities.

Many seemingly normal qualities and characteristics of current medieval studies, including the study of medieval legal history, such as its awareness of the social context, attention to the close relation of any subject to people and their lives, and the use of a wide variety of sources, are due to the example of Jacques Le Goff. In his late work he turned to major figures of medieval society such as Saint Louis (king Louis IX of France) and Francis of Assisi. He wrote their lives anew as no other before him. It is alway hazardous to predict which of his books will remain influential. I would vote for La civilisation de l’Occident médiéval (2nd edition, Paris 1984; many translations) but you will be excused most readily for taking from the shelves any of his other books and articles. In every single publication you will find yourself in the company of a great historian, a fresh thinker and a generous teacher who always opened windows which had been long closed. The title Pour un autre Moyen Âge (1977) puts it most simply, “for different Middle Ages”. Le Goff gave lectures in my country, too. In 2004 he received the coveted Heineken prize for history. It is strange he was never awarded the Erasmus Prize.

Let us remember Jacques Le Goff whenever we connect legal history to culture and history at large in daring and hopefully fruitful ways. Let’s not forget to keep telling stories making history and law alive for new generations.

The Belgian blog L’agenda du médiéviste alerts in its notice about Le Goff’s death to broadcasts on Le Goff by the French television network France Culture. On the website of the EHESS, too, you will find links to further hommages.

A panoramic view of English criminal law

Image of the country-house Oog in AlAs a child and teenager I visited weekly the branch of the public library in Utrecht in the old country-house Oog in Al, beautifully situated along the Leidsche Rijn. Reading books on all kind of subjects in a library with its round tower offering a wide view of its surroundings is a great source of inspiration to look around you as widely as possible. Everard Meyster (1617-1679), the nobleman who had built Oog in Al in 1666, gave a very particular name to his manor. Oog in Al means panorama, a spot with a 360 degree view of things. Meyster wanted to have a good look at his project for the extension of Utrecht with new suburbs. He also launched a plan to build a canal connecting Utrecht with the former Zuiderzee. Some of his more funny projects earned him the nickname “De Dolle Jonker”, the mad nobleman.

Logo The Digital Panopticon

Being able to view things from every direction is a dream of historians, too. Creating a histoire totale, a complete history of persons and events, aims at transcending the traditional borders of academic disciplines by posing questions from several angles, and by using not just one method to approach problems. The name The Digital Panopticon was chosen on purpose for the ambitious project to look in more depth and detail than ever before at British criminal history. The subtitle of the project, The global impact of London punishments, 1780-1925, shows the two focus points, local history on one side, global history at the other side. Five universities, four in the United Kingdom and one in Australia, cooperate in this four-year project (2013-2017).

The Digital Panopticon is at the heart of this post. The project itself is connected with a number of other digital projects which will figure here, too. Sharon Howard (University of Sheffield), the project manager and webmaster of The Digital Panopticon, has more cards up her sleeves. She has created a whole range of websites and blogs which merit attention here if only already for their own quality and range. Legal history might not always be the main subject of these initiatives, but you can benefit indeed from them for doing legal history.

Looking at The Digital Panopticon makes you think about other subjects in legal history as well. How about creating projects for other countries and fields of law following this example? Do current or past projects exist which resemble The Digital Panopticon in some aspects? These questions deserve an answer, but if I added my first thoughts about them this post would simply get too long.

Getting a complete view

The global nature of The Digital Panopticon is not something you can take for granted. You might as well guide your efforts solely to an analysis of the data available at the website of the Proceedings of the Old Bailey Online 1674-1913, the core of this project. By choosing a narrower period, 1780 to 1925, the project can deal in particular with those convicts sent into exile to Australia, hence the global dimension alluded to in the subtitle. The project team has developed three central questions touching first on the role and position of digital data for scientific research, secondly on the impact on people of incarceration and involuntary transportation, and thirdly on the impact and implications of digital history on public history and its ethics. These questions are being researched for seven main themes, starting with searching for patterns within digital data; noting the voices of men, women and children in the surviving testimonies; the relations between punishments and the course of ordinary life, the difference between convicts, free men and their offspring in committing offences; the interplay between nutrition, the general health situation and individual height and body mass and other factors dealt with by biometrics; the ways of representation of the criminal past in museums and in those institutions catering for a kind of dark tourism and heritage industry at former prisons and other places of the judicial system, and last but not least the ethics behind the massive digital presence of data concerning persons who lived in past centuries.

Linguistics, biometrics, the history of health, sociology and criminology are clearly present in the approaches and themes chosen for this major research project. As a legal historian I am glad the testimonies given by ordinary people get attention, too. Research into intergenerational patterns of behavior sounds also very interesting, as does research into the impact of offences and punishment on life course events. Giving attention to dealing with data sets with sometimes very personal information about members of still existing families links the past with the present where freedom of information, the access to personal files, and the protection of this information form a vital part of current public debate in many countries.

Logo First Fleet

However rich this variety of themes and subjects already is, you can probably do even more. For example, some time ago Frederik Pedersen (University of Sheffield) wondered about seasonal variations in litigation in ecclesiastical courts in the sixteenth century, more precisely in the York Cause Papers, but you can also ask this question for seasonal variations in punishments. The sheer mass of data in the Old Bailey Proceedings offer an opportunity to ask such questions. One of the obvious things to ask is which trends, variations or invariable outcomes you can distinguish when comparing offences for which people were not banished from England with those offences that led to other punishments. Even when you assume the punishments prescribed by laws or statutes did not change over long periods, the actual verdicts might have changed considerably. Can we detect change in judicial regime? What about the various prisons in London and their inmates? People sentenced by the Old Bailey formed only a minority of the people shipped to Australia. In December 2013 Sharon Howard wrote ‘Thinking about dates and data’,  a posting on the blog of The Digital Panopticon in which she reflects on the possibilities of using the various data sets to get a reliable picture of the people exiled to Australia, in particular those coming with the First Fleet in 1787.

It is easy to gather from the summary of the main research themes that researchers obviously can use resources which are already more or less ready for use. For example, at the University of Giessen a digital text corpus has been created from the data of the Old Bailey Proceedings which makes it possible to do linguistic research within the proceedings. Research into the health of convicts transported to Australia is facilitated by the project Founders & Survivors: Australian life courses in historical context, 1830-1920 created by historians, demographers, genealogists and population health researchers.

The Convict Transport Registers Database, accessible at the portal Connected Histories, contains 123,000 records of a total of 160,000 persons transported to Australia between 1787 and 1867 from the registers in the HO 11 series kept at the National Archives, Kew. An online research guide provided by the National Archives gives you guidance to a lot of relevant resources, some of them online. A second guide helps you specifically for researching people transported to Australia. You can either access London Lives 1690 to 1800 – Crime, Poverty and Social Policy in the Metropolis at its own website or use it through the portal Connected Histories. In the research guide for themes around and sources on crime and justice at this splendid portal the London bias of the resources is rightly pointed out. The digital resources of British History Online which do redress this imbalance to some extent, can be searched at Connected Histories, too. In the section Connections of Connected Histories you can find fine examples created by users of the way you can combine data on persons and connect the resources assembled at this portal. Its sheer size and variety, even after noticing some resources only to be used at subscribing institutions, is stunning, and I am hard pressed to find any digital history portal elsewhere with at least some of its contents and qualities. Linking records to a particular person depends on correct identification of people, and this makes research at Connected Histories not a straight forward affair.

One of the resources recently added to Connected Histories brings us to the very title of The Digital Panopticon. The transcriptions created by the crowdsourcing project for the papers of Jeremy Bentham, a part of the Bentham project at University College London, will become available here, too. On my blog I have written in 2011 a post about the Transcribe Bentham project. Bentham coined the use of the term panopticon for his famous model of a prison in which all prisoners can be seen by their guards from one point. However, in this new digital panopticon things seem almost reversed. You can look at prisoners from more than just one central perspective! By the way, some of the seven themes of the project have been the subject of postings here. In 2012 I wrote a post about museums and legal history in which I did question the way the history of punishment has been transfigured at some historical spots into a kind of morbid tourist attraction.

A constellation of websites

The Digital Panopticon is heavily dependent on digital data already accessible thanks to earlier projects. One of the most amazing and powerful facts about this interdependence is the role and position of Sheffield historian Sharon Howard. She was the project manager for the digitization of the Old Bailey Proceedings and she had the same function for the portal Connected Histories. For The Digital Panopticon she is again the project manager and also webmaster. No doubt things are sometimes much easier thanks to her knowledge of vital information about the data at these earlier projects and the ways they have been digitized or harvested. Last October I mentioned Sharon Howard briefly in another posting here. I recalled immediately the title of that post, ‘The galaxy of French humanism‘, when I looked at her digital presence in the second part of today’s post.

Logo Early Modern

The personal website of Sharon Howard is a veritable portal to her websites, blogs and the projects she is involved with. Early Modern history is her main research period. Legal historians will look in particular to her Early Modern crime bibliography. What this bibliography with some 500 titles maybe lacks in content is redeemed by her portal Early Modern Resources (EMR) and her blog aggregator Early Modern Commons (EMC). EMR is a treasure trove for anyone looking for historical resources for British and European history between 1500 and 1800. You can follow any particular theme or enter a free text search with always most valuable results which at the very least offer you food for thought, and more often the inspiration for and first guidance on new roads to go. A third abbreviation, EMN, stands for Early Modern Notes, Sharon’s Early Modern history blog. The websites and the blog will get a new form at the Early Modern Hub which Howard currently is constructing.

The section on blogging of Sharon Howard’s personal portal is perhaps its very heart. You can choose here from four blogs and four blog aggregators. As an aficionado of medieval history I would like to mention Medieval Broadside, a blog aggregator about medieval history, with of course a blog roll of the blogs included. The Broadside is not a website about broadsides and pamphlets, but a website which is to some extent its modern equivalent, an aggregator for messages posted by historians on Twitter about history. The New Newgate Calendar is another blog aggregator with a fine blog roll, this time as you would guess from its title dealing with news about research on the history of crime and punishment. A look at the blogs included here gives you a good idea of the wide variety of current subjects and methods in this field. The website for the original Newgate Calendar gives you the stories of English criminals imprisoned in the Newgate prison between 1700 and 1900. I leave it to you to look at the blogs and the blog aggregator with the word “Carnival” in their titles. You might do this during the coming carnival days!

In the projects section we have met already some of the projects for which Sharon Howard worked. Of the other projects I will only mention Manuscripts Online: Written Culture 1000 to 1500, a portal for online research on medieval manuscripts, and Locating London’s Past, the project connecting John Rocque’s 1746 map of London with texts, artefacts and information about the streets and buildings of eighteenth-century London. Is it by now still a surprise Sharon Howard has done research for an online course on Data Management for Historians?

If you are not yet satisfied with the variety and quality of the digital presence of just one researcher I can send you to two other sections of Howard’s portal. The fourth section deals with Fun, but actually some websites which started as a kind of virtual playground are not just play. Anyone thinking about creating an online – or printed – bibliography can benefit from her Zoterowiki, a guide for the popular digital bibliographic tool Zotero. You might need it when you contemplate contributing to her Early Modern crime bibliography! Based on the Old Bailey Proceedings Howard has created a tool to visualize the frequency of crimes and punishments in this data set. Her steps into visualizing hashtags used in tweets by historians brings me to the last section where she offers just links to her Tumblr blog, EMN and her own tweets. The Digital Panopticon can be followed, too, on Twitter (@digipanoptic).

If The Digital Panopticon is about viewing crime and punishment and the people involved from as many perspectives as possible, you might characterize the digital presence of Sharon Howard as a kind of virtual omnipresence! I cannot do better than express my admiration and salute the unflagging efforts of a historian doing so much to bring digital information together for the benefit of historians and anyone interested in history and law. At the end of this post I am sure you will bookmark some of the websites and blogs mentioned here or at Howard’s marvellous portal.

Inspiration for more research

At the end of this post feel mightily impressed with The Digital Panopticon and with the fleet of blogs and websites created by Sharon Howard. Comments, questions and criticism are always possible, and I have commented on some features and hinted at some questions indeed, but my main impression of The Digital Panopticon is positive, The eleven researchers of five universities cross borders in geography, time and themes. Can legal historians boast or at least remember similar projects on a vast scale? When you look around carefully and watch out for new or past projects you will surely find something which equals the scale and scope of The Digital Panopticon. Today the combination of a website, a blog and social media is common practice for many ranges of modern life.

The project that will dwarf earlier projects might well be present already, perhaps not yet visible in English or not spotted easily even by the most used web search engine. This week I have been searching for the website of an international project launched in 2013, but somehow I failed to track it with search engines. Not knowing the exact title of the project did hamper my online search severely. Luckily in the final stage of writing this post I remembered I created a bookmark in my web browser for it. History and the Law: Exchanges of Economic, Legal and Political Ideas aims at becoming a project bridging ages and continents. You can actually visit two websites presenting this project, one at Cambridge University, the other at Harvard. The presence of a webmaster in the team of any large-scale research project using digital tools is surely an essential element of its success and visibiity.

The galaxy of French legal humanism

Is it old-fashioned to focus on the lives of individual lawyers or is it old school thinking to focus on them as a group? A nice synthesis worthy of Hegel would try to bring the study of a particular profession and biographical studies together within a new framework. Anyone studying the great and small legal humanists of the sixteenth century has to face the fact that the subjects of their research walked both the legal roads of this period and the paths of humanist scholarship. They focused on many aspects of history with a predilection for Classical Antiquity, its languages and sources. French lawyers were very visible in this field. In this post I would like to look at some online resources in France and elsewhere which help fostering the study of their works, lives, activities and surroundings.

Many places, many names

Some scholarly projects have helped enormously to become aware of the sheer number of people involved with legal humanism. At the very heart of humanism were manifold contacts, often by letter, which crossed the borders of countries and languages. Letters in impeccable Latin following the models of Antiquity served not only as means of communication, but also as shining fruits of the mind. Perhaps the ultimate accolade was writing to and receiving an answer from Erasmus. He and his correspondents were fully aware that their letters were bound to be copied and made public. In a sense remarkably close to the sharing of information on the web in our time the republic of letters of the sixteenth century was a very open society, too. P.S. Allen’s edition of Erasmus’ letters [Opus epistolarum Des. Erasmi Roterodami (12 vol., Oxford 1906-1958; reprint Oxford 1992)] was and is the single most influential project to stimulate research on Erasmus and his contemporaries. Since a couple of years Allen’s edition and the old Opera omnia editions of Erasmus’ works are being digitized at Erasmus Online. The volumes of the modern Opera omnia have been already digitized, and can be downloaded as PDF’s at OAPEN. Translations in English and Dutch are among the modern projects to make them even more accessible. At the website of the Warburg Institute you can find a fine overview of the major projects for the edition of letters by humanist scholars, including online inventories and editions, and a useful bibliography. The volumes of the biographical dictionary Contemporaries of Erasmus. A bibliographical register of the Renaissance and Reformation, Thomas Deutscher and Peter Bietenholz (eds.) (3 vol. Toronto 1985) help to survey this intricate web of contacts by letters and other writings.

Looking at French humanist lawyers

Logo Les Bibliothèques Virtuelles Humanistes

However interesting in itself, letters form here the stepping stone to law. Letters and humanists are the very heart of the project in the center of this contribution, Les Bibliothèques Virtuelles Humanistes (BVH), the Virtual Humanistic Libraries, a project hosted by the Université de Tours. The multiple form bibliothèques draws attention to the presence of materials from several libraries in the Loire region, mainly those at Blois, Bourges, Châteauroux, Tours and Orléans. At the heart is the project Epistemon which started in 1998 for editing and searching humanist texts, in particular letters. The BVH now is home also to texts by humanist scholars, both in digital version and only as text, notarial acts from Tours and manuscripts. An accompanying blog keeps you informed about the latest developments. The section on iconography helps you find images with Iconclass, including some portraits of authors.

In the project MONLOE of the BVH copies of the early editions of Michel de Montaigne’s Essais, Montaigne’s own annotated copy of this work and other books, letters and manuscripts with his notes are being digitized. In May 2013 Ingrid de Smedt (University of Warwick) detected in the Herzog-August-Bibliothek Wolfenbüttel a manuscript (Cod. Guelf. 7. 1. Aug. 4to; digitized at Wolfenbüttel) with notes made in 1561 of lectures by François Baudouin (1520-1573) on Roman law and on the title page an owner inscription by Montaigne (1533-1592) (“Michael Montanus”). This manuscript was in fact the first to be tracked down as undoubtedly stemming from the personal library of Montaigne. Montaigne was between 1556 and 1570 a councillor in the Parlement de Bordeaux, one of the mighty provincial courts in Ancien Régime France. The BVH cooperates with the ARTFL project at the University of Chicago, where you will find also a searchable database of the first editions of Montaigne’s Essais, including the famous annotated copy of the edition Bordeaux 1588. Many texts in the BVH can be interrogated with Chicago’s Philologic tool. The University of Chicago maintains a website for Montaigne studies, with apart from digitized early editions a number of current bibliographies.

The blog of the BVH is hosted by the French platform Hypotheses. In fact an announcement at another blog on Hypotheses, Francofil, made me look again at the BVH. A second reason to delve into French digital libraries was the change of address of the digital library of the university of Strasbourg, now named Numistral, and the launch of Numelyo at Lyon. A quick search at Numelyo in its section Provenance des livres anciens brought me to a copy of Sueton’s Lives of the Caesars (Venice: Zani, 1500) (Rés. Inc. 1114) with an inscription that might also be by Montaigne.

Law is not absent at the website of the BVH. I found with the advanced search form for digitized copies with the domaine “droit” 54 books. Among them you will find for example Louis Charendas le Caron, Pandectes ou digeste de droit françois (…) (Lyon; Veyrat, 1597), editions of coutumes, customary law, commentaries on Roman and French law by authors such as Jean de Coras, Jean Imbert, Jean Papon and Pierre Rebuffi. One of the most often printed works is present, too, the Annotationes in Pandectas of Guillaume Budé (1467-1540), in an edition Paris 1542. Nobody should use these editions of Budé’s magnum opus without reading first the articles by Douglas Osler, ‘Budeaus and Roman law’, Ius Commune 13 (1985) 195-212, and ‘Turning the title page’, Rechtshistorisches Journal 6 (1987) 173-182. Budé changed consecutives editions of this work substantially. It would be rash to rely on just one (digitized) edition which you happen to find. Guillaume Budé’s name is used as an acronym, BUDE, for the online searchable database documenting the transmission of classical and medieval authors in manuscripts from the fifteenth to the mid-seventeenth century at the Institute de recherche et d’histoire des textes in Paris.

Another famous French humanist, Jean Bodin (1529-1596), is the subject of The Bodin Project, a very useful portal at the University of Hull. Bodin studied Roman law at Toulouse and worked ten years as an attorney at the Parlement de Paris. On this portal you will find links to digitized versions of contemporary editions of Bodin’s major works, bibliographies and links to other relevant projects. Particular mention should be made of the source indexes for some of Bodin’s works. Digitized versions of three sixteenth-century editions of Bodin’s works, too, are present at the BVH.

One of the reasons I wanted to look more closely at the BVH project was in fact a misreading. I thought I had seen an announcement on this website about the digitization of a treatise on money valuation by Jacques Cujas (Cuiacius) (1520-1590). Cujas studied law in Toulouse, taught there and more famously at Bourges. It turned out to be a text by Jacques Colas, Suputation nouvellement faicte de la valeur de monnais et des abuz dicelles, a manuscript from 1557 (Orléans, Bibliothèque municipale, Fonds ancien, ms. 629). Cujas is actually absent on the shelves of the BVH. Now Bodin was one of the authors in the sixteenth century writing about monetary issues. He is credited with an early exposition of the quantative theory of money in his 1568 treatise Réponse au paradoxe de M. de Malestroict touchant l’enchérissement de toutes choses, et le moyen d’y remédier. The website at Hull points to a digital version of the Bibliographie critique des éditions anciennes de Jean Bodin by Roland Crahay, Marie-Thérèse Isaac and Marie-Thérèse Lenger (Brussels 1992), where you can quickly find detailed information about the editions and existing copies of this text and other works by Bodin. In the case of the Réponse your attention will be drawn also to translations in Latin and German. The Latin version first appeared in a collection of monetary tracts and consilia with the title De monetis et re numaria edited by Reinier Budelius (Coloniae Aggripinae: Gymnicus, 1591; digitized at the University of Ghent). Among the other texts in this volume are two consilia on cases which centered around monetary devaluation by Nicolaus Everardi (around 1462-1532), a Dutch lawyer who became famous for his Topica sive de locis legalibus liber, a work on juridical argumentation. Everardi’s texts can be found at pages 689 to 701 of Budelius’ edition. Chris ten Raa published a study on Consilium nr. 105 van Nicolaas Everaerts (Rotterdam 1978). No version of Bodin’s monetary treatise is present at the BVH or at The Bodin Project.

On using the Universal Short Title Catalogue

Screenprint of the search screen of the USTC

Musing over the issue of digital versions I realized that a search for the works of French sixteen-century lawyers would make an excellent test case for the Universal Short Title Catalogue (USTC), a project hosted at the University of St. Andrews with French books printed until 1600 as its original core. In October 2013 a new version of the USTC website was launched. The project is an ambitious companion to other short-title catalogues such as the ISTC for incunables, the ESTC for English books (1473-1800), the STCN for the Netherlands (1501-1800) and STCV, its Flemish counterpart. The bibliographical information for the works of Bodin makes a fine example. For this project copies of French books have been inspected and described at many libraries. Supplementary information from other bibliographical works is summarily indicated. For the monetary treatise its existence in print thanks to and literally as a companion to a tract by Jean Cherruyt, seigneur de Malestroit, is duly noted.

Mistakes do occur in the USTC. I do not think that a rare 1509 treatise Repertoyre et table tres exquis et familiers selon l’ordre des lettres de l’abc was written by our Jean Bodin. The first edition of the Topica by Nicolaus Everardi (1516) is ascribed to one of his sons, the poet Nicolaus Grudius, himself a brother of the more famous Neolatin poet Janus Secundus. In my Ph.D. thesis defended in 1994 I could already indicate rather more copies, and it is easy to add references to digitized copies of the first edition in 1516 and later editions in the Digitale Sammlungen of the Bayerische Staatsbibliothek in Munich; in a post on this blog I give further information. Better than deploring these faults – or any omission – is simply realizing the history of the USTC’s primary focus on France still has consequences. However, it is certainly strange to find exactly one work by Cujacius. For the rest one can place questions marks about the tagging of Bodin’s treatise in the USTC. In most cases an edition of this treatise has the classification “Economics”, in one case “Jurisprudence”. It goes without saying that the USTC does indicate digitized copies in a fair number of cases, but it is not an all-embracing repertory of digitized books published in the sixteenth century.

The USTC can show you other things or lead to interesting questions. If you search for works on economics you will find a surprisingly large number of works written either in Dutch or coming from the Low Countries. In my view the USTC can help you framing and refining questions about the use of language, the large number of works published in a specific period or on a particular subject, or the favorite format of books. In an ideal world you could perhaps add a second preset field to distinguish among subjects for the classification “Academic dissertations”. The indication of languages for this class is unfortunate when for example a dissertation defended in Italy and written in Latin is nevertheless classified as Italian. It seems wise to use the resources of the USTC as an additional tool, and not as your only source of information, something which is anyway for any resource only seldom advisable, and as always you will have to check the information it provides.

Approaching French humanist lawyers online

The BVH and the USTC are just one of the gateways you might like to use to find digitized books of French humanist lawyers. On the page for digital libraries of Rechtshistorie, my legal history website, you will find links to some twenty French digital libraries. Some of them offer quick access to sources on general themes such as legislation, jurisprudence, verdicts (arrêts), customary law, consultations and legal dictionaries. In particular the – also recently restyled – portal Fontes Historiae Iuris (Université Lille-2) is very helpful for quick orientation, even when the digital editions have sometimes been poorly scanned at Gallica. Let’s smile about the statement that you will not need to look any further! For some regions special websites bring you to the coutumes, the customary law, with often both the texts of these resources and learned commentaries on them. At Bibliopedia you can find a very detailed list of French digital libraries, but alas without the majority of websites dedicated to the history of French law. In 2011 I wrote two posts on French legal history with a somewhat closer focus, the first on the law of Normandy, the second on a number of research institutions in Paris which are relevant for legal historians.

A service akin to Fontes Historiae Iuris for French legal history, but on a wider scale, is provided by the Post-Reformation Digital Library (Calvin College and Calvin Theological Seminary), a portal to digitized works by protestant authors. It contains for a substantial part links to books digitized elsewhere, and it has a nifty function for searching simultaneously with one action in a number of digital libraries. Other portals will help you as well to track down digitized versions of Early Modern books, for example Early Modern Thought Online of the FernUniversität Hagen, and the Philological Museum maintained by Dana Sutton (University of Birmingham). Another gateway for online resources concerning Early Modern History has been created by Sharon Howard (University of Sheffield). Her portal Early Modern Resources is truly impressive in its wide range and coverage of aspects of European history between 1500 and 1800.

Critics who scold some of these enterprises for their incompleteness, omissions and faults can seem to be hunting themselves for a utopian illusion, the One and Only Source of All Knowledge. French humanist lawyers did not live as recluses, isolated from the turbulent times around them. They did not stick with texts as they happened to look in print, but delved into the background. Ad fontes was one of their favorite mottos. In Reformation Europe they simply could not hide completely from all influences and developments in religion, politics and society. Scholars from other countries, too, came to France to join their efforts. As lawyers they rubbed shoulders with their colleagues in the field of law and justice. Their research into Roman law and other subjects of Classical Antiquity did not happen in an ivory tower. In this century we face the opportunities offered both by portals to and by online resources themselves to acquaint us deeper than ever before with a world of five centuries ago with all its differences from and resemblances with our times.

At the death of two leading Dutch legal historians

Tom de SmidtLast month Dutch legal historians were saddened to hear about the death of Jacobus Thomas de Smidt (December 19, 1923-February 18, 2013). In several obituaries, for instance by Arthur Elias for Leiden University, by Joke Roelevink for the Huygens Institute of the Royal Dutch Academy of Sciences, and at the website of the Dutch National Archives, the great efforts and merits of Tom de Smidt for the study of Dutch legal history and the organization between Dutch legal historians are commemorated. Among the major projects he initiated are the project on the history of the Great Council of Malines, a project for the edition of the Dutch codifications in the period around 1800, and for example the West Indisch Plakaatboek, a multivolume edition of legal sources for Dutch colonial history in the Caribbean. De Smidt also helped Dutch archives to modernize, and helped the Indonesian government to deal with the records of the Dutch East India Company in the Indonesian National Archives. People remember his warm personality, his sense of humour and his encouragement to young scholars, and I can testify myself for this. In fact his words “Ja, moet je doen!” [Yes, do it!] are for me among his most characteristic utterances.

Robert Feenstra 1920-2013On March 2, 2013, Robert Feenstra passed away at the age of 92. For legal historians abroad he was without any doubt the best known and most respected Dutch legal historian. This week John W. Cairns (Edinburgh) is one of the first legal historians to commemorate Feenstra. If you want to mention major themes and projects with which Feenstra dealt during his long scholarly life you are faced with a very great variety. The history of Roman law in Europe after the end of the Roman Empire and Dutch legal history give only the boundaries of his research interests. Let it suffice here that only four years ago he published with Jeroen Vervliet a new edition of Hugo Grotius’ Mare Liberum (Hugo Grotius, Mare Liberum 1609-2009 (Leyden 2009)), and that in 2011 he witnessed the completion of the project for the Dutch translation of the Corpus Iuris Civilis. He continued the research started by Eduard Maurits Meijers (1880-1954) on the history of the School of Orléans, and many scholars from Leiden have followed him on this path. Feenstra published a number of volumes with articles by Meijers.

For six decades Feenstra was on the editorial board of the Tijdschrift voor Rechtsgeschiedenis. Feenstra helped fostering the relations between Belgian and Dutch scholars. Just like Tom de Smidt he served for many years on the board of the Foundation for the Study of Old Dutch Law. Today Paul Brood (Nationaal Archief) wrote a brief obituary for both scholars on the website of this foundation. Surely its own journal Pro Memorie will contain longer obituaries on both scholars in its coming issue. Luckily this journal published in its series Rechtshistorici uit de Lage Landen [Legal historians from the Low Countries] interviews with both scholars on their scholarly lives and careers (Pro Memorie 5 (2003) 3-38 (Feenstra); with De Smidt in the special issue Prominenten kijken terug. Achttien rechtshistorici uit de Lage Landen over leven, werk en recht [Prominent scholars look back. Eighteen legal historians from the Low Countries on life, work and law] (Pro Memorie 6 (2004) 313-329). Feenstra founded a circle of scholars studying the reception of Roman law in the Low Countries – convening either in Leiden or in Antwerp – where young scholars, too, often got and get a chance to present their doctoral research. I remember how I presented the first results of my doctoral research for this circle. The austere company listened patiently, asked questions on subjects I had neglected or problems which I had not yet grasped, and encouraged me to pursue my research. Robert Feenstra had a keen interest in people and he did not fail to help scholars with practical advice and suggestions for sources and literature. One of the things that impressed me always was the way Feenstra corrected his own views expressed in earlier articles. It makes you realizes how Feenstra’s career spanned almost half a century, his tenacity about cherished subjects, and the high scientific standards he applied to scholars and to himself. His presence at scholarly meetings all over the world expressed the continuity of Dutch legal history.

It is sad that both scholars are no longer with us to respond to our ideas, questions and emerging publications, but we can remain faithful to their memory by remembering their tireless efforts, smiling presence and amazing wide interests in contemporary life and legal history, and by following the paths and roads they paved for present-day scholars and future generations.

A postscript

On March 6, 2013, the Max-Planck-Institut für europäische Rechtsgeschichte in Frankfurt am Main published an obituary of Robert Feenstra. On March 28, 2013 the blog of the Peace Palace Library publshed an in memoriam on Robert Feenstra by Laurens Winkel.

Crossing many borders: the study of medieval canon law

When I started my blog in 2009 this happened not only because I wished to do so, but also in answer to the very question how to blog about legal history. The question came from the Stephan-Kuttner-Institute of Medieval Canon Law (IMCL) at the University of Munich. Since 1996 this institute is housed at the Leopold-Wenger-Institut für Rechtsgeschichte. One of the earliest posts in my series Centers of legal history centered around both institutions.

Stephan Kuttner and the modern study of medieval canon law

The IMCL is a creation of the late Stephan Kuttner (1907-1996). Kuttner was born in Bonn. He studied law in Berlin. His family was originally Jewish, but they had converted to Lutheranism. After his promotion in 1930 Kuttner was refused the opportunity to do research for a Habilitationsschrift at any university in the German-speaking world. Kuttner left Germany and was during a few years able to teach at the Lateran University, and to do the research for two studies which altered the study of medieval canon law radically, a model study on the canon law theory of guilt and a repertory of manuscripts with medieval canon law texts. Eventually Kuttner had to leave Italy and succeeded in 1940 in entering the United States. He taught at the Catholic University of America in Washington, D.C., at Yale University since 1964, and finally from 1970 onwards at the University of California at Berkeley, where he became one of the directors of the Robbins Collection at Boalt Hall, Berkeley’s law school. In 1955 Kuttner founded the IMCL.

In the sixties Kuttner and Gérard Fransen from the Université Catholique de Louvain decided to organize an international congress for the field of medieval canon law. The first congress took place in 1963 at Boston College. In 1968 the university of Strasbourg hosted the second congress, and in that year it was decided to organize the congress every four years, with the venue alternating between Europe and America. From August 5 to 11, 2012, the University of Toronto hosted for the second time – 1972 was the first time – this congress, the fourteenth of a distinguished series. Andreas Hetzenecker used the resources of the IMCL to write a study about Kuttner’s early years in America and his scholarly role for the multidisciplinary field of medieval canon law, Stephan Kuttner in Amerika 1940-1964 : Grundlegung der modernen historisch-kanonistischen Forschung  (Berlin 2007). Kuttner ranks with other brilliant German scholars such as Erich Auerbach and Richard Krautheimer, Fritz Stern, Paul Oskar Kristeller and Erwin Panofsky, Ernst Kantorowicz and Hermann Ulrich Kantorowicz, and many others who had to flee from Germany in the face of the Nazi regime.

Languages and medieval canon law

Logo ICMAC

Both the IMCL and the series of congresses are supported by a society with a Latin and an English name, Iuris Canonici Medii Aevi Consociatio or International Society of Medieval Canon Law, which should not surprise you in view of the language of many sources concerning medieval canon law. When you look at the book titles in the online catalogue of the library of the IMCL you will find works in many languages which is a faithful reflection of the worldwide community of scholars studying medieval canon law.

Quite recently Dante Figueroa wrote for In Custodia Legis, the blog of the Law Library of Congress, a guest post on medieval canon law with at its center the edition of the proceedings of the 2008 congress on medieval canon law at Esztergom. The author evidently was surprised not only by the uncut pages of the proceedings published by the Biblioteca Apostolica Vaticana in 2010, but also by the very fact of scholars publishing in a wide variety of languages on a subject which in itself has so many sides. I added a comment to this post mentioning this year’s congress in Toronto, and the fact that the first see of the Institute for Medieval Canon Law was in Washington, D.C., more precisely at the Catholic University of America, where the webpages of Kenneth Pennington remain one of the earliest and most informative pages on the study of medieval canon law.

I always feel slightly disappointed when links in the often very interesting posts at In Custodia Legis lead you only to the venerable Encylopedia Britannica. However, Figueroa has taken the trouble of searching for online information sometimes far away, but he could have found much online in Washington, too. If someone of the fine blogging team at the Library of Congress would take the trouble to add the category canon law to all relevant and often revealing posts at In Custodia Legis they would save anyone interested some time in finding them… Anyway, I am most willing to admit that the post by Figueroa made me think about addressing the subject of languages and medieval canon law.

Medieval canon law in Toronto

When starting this post I soon realized that Toronto would surely qualify for inclusion in my series on centers of legal history. Writers’ received wisdom says you should not mix up things too much in one story, and I confess to a strong tendency to put too much of a good thing in one post. Let’s therefore opt for the best of two worlds and just refer to the Toronto institutions involved in the 2012 congress. The Centre for Medieval Studies is the first to mention. I am intrigued by the references to research projects on the Florentine monte and on Beneventan script, but the website of the CMS does nor bring you directly to more information about them. Among the scholars doing research in legal history one can point to Alexander C. Murray and Giulio Silano. At present Lawrin Armstrong is the editor of the series Toronto Studies in Medieval Law. Medievalists all around the world turn to the well-known series with sources in translation, the Toronto Medieval Texts and Translations.

The second institution at Toronto was the venue of the congress – which incidentally I had liked very much to attend – St. Michael’s College, which can boast Marshall McLuhan, Etienne Gilson and Jacques Maritain among its former teaching staff. The third institution is the Pontifical Institute of Mediaeval Studies (PIMS). To honour the memory of Leonard Boyle O.P. (1923-1999), for many years not just a renown palaeographer and codicologist but also a scholar working in the vast territory of medieval canon law, a chair with his name has been founded. The sheer width of his scholarship and his interest in modern technology is mirrored in the Internexus part of the PIMS website which amounts to a full-scale portal for medieval studies online. Here Boyle’s motto taken from Hugh of Saint Victor’s Didascalicon should serve as a reminder that you will never look in vain for something to learn which will help you to understand the medieval world at large and medieval canon law as one of its essential components. The PIMS has its own series of publications, including the journal Medieval Studies and the Mediaeval Sources in Translation. Legal history and medieval canon law are among the subjects of the publications. The PIMS is home to the project Monumenta Liturgica Beneventana in which Roger E. Reynolds takes account of medieval canon law.

Blogging about legal history

In my blog roll I try to present as many relevant blogs for legal history as I can. My collection is surely not complete, but at least many countries and languages are represented. Returning briefly to the opening of this post where I told about the impulse I received from Germany in 2009  it is only quite recent that German scholars have started embracing this medium. Klaus Graf is probably the best known pioneer, if not the very godfather of German history blogs. He started his Archivalia blog in 2003. The German branch of the French Hypotheses blogging network was officially launched during a symposium Weblogs in den Geisteswissenschaften in Munich on March 9, 2012. At de.hypotheses.org you can now find 23 German scholarly blogs, including a new one edited by Klaus Graf with references to reviews of recent studies on Early Modern history, the Frühneuzeit-Blog der RWTH. Graf wrote a very substantial paper for this meeting, with many links to blogs on history instead of traditional German footnotes, and a picture of a hilarious game in which you will win by noticing as many stock prejudices against the use of Internet as possible. It is no incident that the Deutsches Historisches Institut in Paris and its librarian Mareike König have taken a lead in getting German scholars to create blogs and to use Twitter.

As for blogging about canon law by a Dutchman, this should not surprise you anymore at the end of a post where linguistic borders are just one of the frontiers to conquer when studying medieval canon law. A recent inquiry from the United States made me think again about the importance and afterlife of medieval ecclesiastical law, and I hope to add soon some pages to my website to show this in more detail.

A postscript

In a comment Anders Winroth (Yale University) announces the return to New Haven of the Institute of Medieval Canon Law in 2013. Some of the contributions to this year’s congress at Toronto are the topic of recent posts at Medievalists.