Category Archives: Scholars

Medieval laws in translation

Languages can act as formidable barriers to our understanding of both past and present. Even if you happen to have a talent for foreign languages translations can help you in many ways to gain insight into the messages and form of a source. In medieval Europe many legal sources were written or only accessible in Latin. However, a number of medieval legal texts have been translated into the vernacular. In this post I want to look at a number of medieval translations of such sources and at two modern translation projects. Recent news about these projects offers me an occasion to write about this subject.

Medieval translators at work

In the Middle Ages translating the works of Aristoteles from Greek – or Arabic – into Latin formed probably the largest translation project of a millennium. The volumes with the scholarly edition of the Aristoteles Latinus project are still being published. For many scientific disciplines medieval translators took the trouble of translating important sources. In the field of law, too, one can point to translations. The most massive project, the Basilica, is not only a translation but also an adaptation of Justinian’s Institutes, his Digest, Codex and the Novellae. For some parts of the Justinian codification older Greek translations exist which the translators around 900 used in Byzance. A team at the University of Groningen led by H.J. Scheltema produced a modern critical edition of the text and the scholia, the accompanying glosses [Basilicorum libri LX (17 vol., Groningen 1953-1988)].

A very interesting example of a translated medieval legal text is Lo Codi, a legal commentary from the twelfth century originally written in Occitan, a language spoken in Southern France and Catalonia. Lo Codi has been translated in French, Castilian, Latin and Franco-Provencal. I wanted to check information about this text at the homepage of Johannes Kabatek at the Universität Tübingen. Since his move to Zürich this page has been removed, but luckily he has put them on his private website. At this webpage you can compare different manuscripts and versions. An article about Lo Codi by Kabatek from 2000 is also available online (PDF). Kabatek does show Lo Codi is an independent adaptation of the Summa Trecensis, and not just a translation.

Banner The Medieval Nordic Legal Dictionary

The first large-scale project I want to introduce in this post is The Medieval Nordic Legal Dictionary, a project led by the University of Aberdeen. Not only a dictionary will be the fruit of this project, but also translations of Scandinavian laws. Two volumes with translated laws have already appeared. A few years ago I wrote here about medieval Scandinavian laws, and it is surely helpful to be able to use these translations alongside the original texts. The page for laws of this project provides you with a quick overview of the main laws. the current editions and the planned or already published translations. The bibliography of the dictionary project shows that luckily for some texts translations appeared in the twentieth century, however, in a number of cases into current Icelandic, Norwegian, Danish or Swedish.

Some medieval legal texts have been translated in the sixteenth century. This month I saw an announcement for a lecture in Paris on April 6, 2016 by Patrick Arabeyre (École nationale des Chartes, Paris) on ‘Deux exemples de traduction vers le latin dans le domaine juridique : la traduction d’ordonnances royales par Étienne Aufréri (1513) et la traduction des Coutumes d’Orléans par Jean Pyrrhus d’Angleberme (1517)’ as a part of a conference on La traduction en vernaculaire entre Moyen Âge et Renaissance. The first subject of his lecture were royal ordinances edited by Étienne Aufréri in 1513, and he looked also at the translation by D’Angleberme of the Coutumes d’Orléans (1517). A second lecture by Frédéric Duval, also attached to the ENC,  concerned the versions of Lo Codi. In April 2015 Duval presented a paper about French translations of the Corpus Iuris Civilis.

Nowadays the French Biblissima portal is a fine gateway to several projects concerning the production and transmission of manuscripts, and using the English interface it is very much accessible. One of the online databases at the École nationale des Chartes is called Miroir des classiques, “Mirror of the Classics”, a project in which Duval participates. Unfortunately this database does not yet contain any notice about translated legal texts, but eventually they will be included. How can one trace more medieval translations? For Ancien Français, one of the phases of medieval French, there just happens to be a resource that can help you. The bibliography of the Dictionnaire Étymologique de l’Ancien Français (DEAF) does lead you to a number of translations, many of them still only existing in manuscripts. The section C of this bibliography shows for example two thirteenth-century translations of the Code de Justinien. The entry at CodiFr mentions Lo Codi and states flatly this is a translation of the Codex Justinianus, a notice clearly in need of some updating. Under the letter I you will find both a complete translation of the Institutiones Iustiniani and an abridged version. Five manuscripts exist with a French translation of the Digestae. The Summa Codicis of Azo, too, exists in a French version, the Somme Acé. By the way, you can find a number of online dictionaries and textual corpora at the website of the Dictionnaire de Moyen Français. For the field of medieval canon law one has to single out the medieval French translation of the Decretum Gratiani. This translation has been edited by Leena Lofstedt, Gratiani Decretum. La traduction en ancien français du Décret de Gratien (5 vol., Helsinki, 1992-2001). I have not taken a complete tour of the sources of the DEAF, but it is certainly rewarding to look for yourself, and not only for matters concerning France. Anglo-Norman texts appear here, too.

Searching in manuscript catalogues will no doubt yield further results. A search in the digital catalogue for archives and manuscripts of the British Library brought me to ms. Royal 20 D IX, a late thirteenth-century French translation of the Authenticum and the Tres Libri, the books 10-12 of the Codex Justinianus. The database Manuscripta Iuridica at Frankfurt am Main contains for example for the French translation of the Institutes – usefully put together as Institutiones Justiniani, versio Gallica – references to thirteen manuscripts. The manuscript in London, too, has not escaped the attention of Gero Dolezalek and Hans van de Wouw, the creators of the Verzeichnis der Handschriften zum römischen Recht bis 1600 (4 vol., Frankfurt am Main 1972) used for the database, nor did they miss the French version of the Digestum Vetus, and the Infortiatum. For Azo you will find not only the translation of his Summa Codicis, but also a translation of his summa on the Digesta.

Twelve volumes and an addendum

Five years ago the last of the twelve volumes of the modern Dutch translation of the Corpus Iuris Civilis appeared. I wrote here a post about the presentation of the final volume in 2011, and in that post I looked also at other complete translations of the Corpus Iuris Civilis. On Friday April 15, 2016 yet another volume was presented at a symposium in Utrecht. Jop Spruit, the indefatigable founder of the project, translated with Jeroen Chorus also the Libri Feudorum, a twelfth-century text from Lombardy concerning customary law dealing with fiefs. Kees Bezemer wrote the introduction to this translation with facing Latin text. In my view the translators wisely choose to follow the version of the Libri Feudorum as found within the Corpus Iuris Civilis. One of the arguments to include this work on customary law into the curriculum of the medieval law schools was the presence of glosses by Accursius. The modern critical edition gives both the oldest and the most used version (Vulgata) [Karl Lehmann (ed.), Das Langobardische Lehnrecht, (Handschriften, Textentwicklung, ältester Text und Vulgattext, nebst den capitula extraordinaria (Göttingen 1896; online in the Internet Archive)]. However, more versions came into existence. At the symposium in Utrecht Jeroen Chorus gave a talk about possession in the Libri Feudorum. Dirk Heirbaut compared the feudal law in the Libri Feudorum, the Leenrecht van Vlaanderen and the Lehnrecht of the Sachsenspiegel. Rik Opsommer discussed the use of the Libri Feudorum in the practice of Flemish feudal law, and Kees Bezemer looked at the role of feudal law in Early Modern Europe with a focus on a case in seventeenth-century Germany which became the subject of a disputation defended at Frankfurt an der Oder. The best point of depart to start exploring Early Modern German juridical disputations is the digital library of the Max-Planck-Institut für europäische Rechtsgeschichte, Frankfurt am Main.

The team of Dutch translators hesitated about the right number of the latest volume in the series of translated texts of Roman law. Twelve is such a beautiful number suggesting completeness! They finally opted for 12 Addendum. The set of twelve volumes can still be ordered from Amsterdam University Press.

Until now I have looked almost in vain for other translations of the Libri Feudorum. The translation by Lorenz Weidmann, Die Lehensrecht verdeutscht (…) was printed at least seven times between 1530 and 1541. The German bibliographical project VD 16 does not only make such statements possible, but it leads you also to the digital version of the first edition Augsburg 1530 (Munich, Bayerische Staatsbibliothek). Robert Feenstra wrote about it in his article ‘Kaiserliche Lehnrechte. Die Libri feudorum in deutscher Fassung nach Alvarotus und andere Inkunabeldrucke zum Lehnrecht. Mit Beiträgen über Johannes de Vanckel und die casus summarii des Baldus’, Tijdschrift voor Rechtsgeschiedenis 63 (1995) 337-354. There is also an online version of a translation by Jodocus Pflanzmann printed in an incunabula edition, Das buch der lehenrecht (Augsburg 1493; GW 7776). The Gesamtkatalog der Wiegendrucke (Staatsbibliothek zu Berlin) has a useful overview of editions and partial editions before 1501 of the Corpus Iuris Civilis. GW 7654 is a French translation printed at Paris around 1486 of Justinian’s Institutes, interestingly made in verses. The identification of the probable author, Richard d’Annebaut, is also given in the bibliography of the DEAF with references to the unique manuscript source, London, British Library, ms. Harley 4777.

Discussing the Libri Feudorum is entering a territory where three decades ago things might have seemed straightforward. Things have changed very much since Peter Weimar’s article ‘Die Handschriften der Libri feudorum und seine Glossen’, Rivista Internazionale di Diritto Comune 1 (1990) 31-98, reprinted in his volume of essays Zur Renaissance der Rechtswissenschaft im Mittelalter (Goldbach 1997) 171-238, and the study of Gérard Giordanengo, Le droit féodal dans les pays de droit écrit. L’exemple de la Provence et du Dauphiné XIIe – début XIVe siècle (Rome 1988). I must refer you here to online bibliographies such as the one provided by the Regesta Imperii at Mainz to see how much has been written recently about the approach of medieval lawyers to feudal law.

Of course it is possible to use modern translations of medieval legal texts, but in this post I wanted to investigate medieval translations. For searching modern translation one can benefit from the Online Medieval Sources Bibliography which even offers filters for translations containing also the original texts, translations in English, French or other languages. It might be helpful to end here with briefly noting the publication of the revised edition of Fred Blume’s translation of Justinian’s Code edited by Bruce Frier [The Codex of Justinian (3 vol., Cambridge, etc., 2016)]. The German translation project for the Corpus Iuris Civilis reached in 2012 its fifth volume with the books 28 to 34 of the Digest, edited by Rolf Knütel [Corpus Iuris Civilis, Band 5, Digesten 28-34 (Heidelberg 2012)]. Let’s hope the leaders and translators of such projects will and can benefit from the recent Dutch experience in completing a book project with nearly nine thousand pages.

A postscript

Frédéric Duval will present in June 2016 a paper about the late-medieval translations into French of parts of the Corpus Iuris Civilis at a two-day conference in Tours, Les traductions médiévales à la Renaissance et les auto-traductions (Tours, June 8-9, 2016).

500 years Utopia

Quentin Matsys, portrait of Pieter Gilles

Portrait of Pieter Gillis by Quentin Matsys – Rome, Galleria Nazionale d’Arte Antica – source: Wikimedia Commons

This year I have succeeded so far in avoiding centenary celebrations, but some of them are definitely interesting from the perspective of legal historians. In 1516 Erasmus published his edition of the Greek text of the New Testament, the Novum Testamentum graece, with for us a remarkable title, Novum Instrumentum (…) (Basel: Johann Froben, 1516; VD16 B 4196; online for example at the Swiss portal e-Rara). Even with all its shortcoming this edition proved to be a starting point for many developments in scholarship and theology. Legal historians might prefer to leave the onset of the Reformation to church historians and theologians, but they will certainly not want to forget another book published in 1516, Thomas More’s Utopia (Louvain: Dirk Martens, 1516; more bibliographic details in the Short Title Catalogue Vlaanderen).

The flood of literature about More, his book and his circle make it almost impossible to look at it without preconceived opinions and views. Is it possible to say something new, something worth reading at all within the compass of a blog post? However you may think about this state of affairs, I would like to present one of the main figures appearing in More’s Utopia. Pieter Gillis was a humanist scholar who merits attention for his work in the field of legal history, in particular with his edition of a source for the history of Roman law, yet another book printed by Martens in Louvain. In fact, it is seldom noted at all Gillis was a trained lawyer, and thus certainly prepared for his tasks as the city registrar of Antwerp. He is not the only lawyer you will encounter here.

First editions from Louvain

Why should authors in the early sixteenth century turn to Dirk (Thierry) Martens (1446-1534) for the publication of their books? The Nationaal Biografisch Woordenboek has a fine article on him (vol. VI, col. 633-637). Martens printed his first book already in 1473 in his native city Aalst. He was among the earliest printers of the Low Countries. His first publication – published together with Johann of Paderborn – was a religious work, the Speculum conversionis peccatorum of Dionysius Cartusianus (Denis of Ryckel), a book digitized in the Flemish digital library Flandrica (GW 8420). From 1492 onwards Martens had his firm in Antwerp and since 1512 in Louvain, the only university town of the Low Countries. In 1491 he used for the first time in the Low Countries Greek type fonts. Printing the works students needed provided him with a stable market. Martens is even credited with promoting the use of the Roman type font. He was definitely a printer with some remarkable feats on his record.

Pieter Gillis (latinized Petrus Aegidius) (1486-1533) initially studied law at Orléans (1501). However, soon he became active as a corrector for the printing firm of Dirk Martens. Already in 1503 or 1504 he met Desiderius Erasmus, one of the authors coming to Antwerp to have his books published by Martens. In 1504 Gillis registered as a student at the university of Louvain, and in 1509 Gillis became the city registrar of Antwerp. In 1512 he got the degree of a licentiatus in law from the university of Orléans. Dealing with Gillis is indeed entering also the book trade of his time, one of the reasons I supply for the book titles in this post at least some bibliographical references. The NBW has a good biographical article on Gillis by M. Nauwelaerts (vol. I (1970), col. 4-7). A much older article in German by A. Rivier for the Allgemeine Deutsche Biographie can also be consulted online (ADB (1875) 125-126).

The road to More’s Utopia

Ambrosius Holbein, image with More, Aegidius and Hythlodaeus

Ambrosius Holbein’s illustration with the protagonists of More’s Utopia – edition Basel 1518, p. 25; copy Yale University, Beinecke Library

Before going to More’s Utopia I must acknowledge here the great assistance offered in writing this post by the very useful and extensive International Thomas More Bibliography of Romuald Lakowski. The story of how More came to write Utopia scarcely needs retelling. As a diplomatic envoy he met Pieter Gillis in 1515. The two men became friends, and one of the fruits of their meeting was More’s book. In the prologue of Utopia More tells about his encounters with Gillis and Raphael Hythlodaeus, the stranger recently arrived from Brazil whose stories are the very heart of his book. When preparing this post I wondered where people would have found the famous images taken from the first edition of Utopia, the image of the island and the Utopian alphabet. Surely this last feature came into existence thanks to the suggestions and expertise of both Gillis and Martens. Lakowski provided me with the link to a digital version of the first edition of Utopia at a library where you probably will not expect a copy, the Gleeson Library of the Geschke Center at the University of San Francisco. The digital books in this library cannot be found using regular online search tools such as the Karlsruher Virtueller Katalog and the Universal Short Title Catalogue (University of St. Andrews). Other early editions such as the one published in Paris by Gilles de Gourmont in 1517 (Gallica) and the famous edition by Froben (Basel 1518) can readily be found in various libraries, the latter for example in the Folger Shakespeare Library, Washington, D.C.

The Latin text of More’s Utopia can be searched in several ways. You will find just the text in The Latin Library, and a colourful version at the Bibliotheca Augustana of Ulrich Harsch, based on the version created at the Oxford Text Archive. For a linguistic approach you can benefit from the search functions offered in the version at IntraText. At first I would have preferred to leave translations out, and thus honour the principle ad fontes so dear to sixteenth-century humanists, but having a translation within your reach is most helpful. The first translation of More’s Utopia was the work of a legal humanist, Claude Chansonnette (Claudius Cantiuncula). Interestingly Cantiuncula (around 1493-1560) had been at Louvain before going to Basle where he published his translation Von der wunderbarlichen Innsel Utopia genannt das andere Buch (…) (Basel: Bebelius, 1524; digitized at the Bayerische Staatsbibliothek, Munich). Cantiuncula decided to translate only the second part of More’s book, not the first half. At this point it is most welcome to point to the bibliographical survey of people connected to Desiderius Erasmus, Contemporaries of Erasmus. A biographical register of the Renaissance and Reformation, [CE] P.G. Bietenholz and T.B. Deutscher (eds.) (3 vol., Toronto-Buffalo-London 1985-1987; reprint 2003). This work contains entries for Pieter Gillis (CE II, 99-101), Dirk Martens (CE I, 394-396) and Claude Chansonnette (CE I, 259-261), and of course for Thomas More (CE II, 456-459).

Among the modern German translations of Utopia the version of historian Gerhard Ritter (1898-1967) is still being reprinted. Ritter made his translation early in his career (1922). You can see in a post from last year my photograph of several pocket law books accompanied by the modern incarnation of Ritter’s translation which gives you also the Latin text.

A meeting of lawyers

Title page of Gillis' edition with the Epitome Aegidii

The title page of Pieter Gillis’ edition of the Epitome Aegidii – Louvain: Martens, 1517 – copy Munich, Bayerische Staatsbibliothek

The excellent website of Lakowski with its most useful bibliographies for many subjects concerning Thomas More and his Utopia taught me looking at legal matters around Thomas More is not something new. In this post I will just look at a few aspects. Let’s go back to Pieter Gillis who published in 1517 a number of sources in the field of Roman law. Dirk Martens printed his Summae sive argumenta legum diversorum imperatorum… Caii et Iulii Pauli Sententiis (USTC 403069; digital copy at the Digitale Sammlungen, Munich). The Latin title of his book is certainly long, but it does clearly indicate the constituing parts edited by Gillis. His work contains the editio princeps of the Epitome Aegidii, a shortened version of the Breviarium Alaricianum/Lex Romana Visigothorum, in itself a reworking of the Codex Theodosianus. The manuscript he used contained also a shortened version of Gaius’ Institutiones (Epitome Gai) and the Sententiae Pauli. Among the rare Early Modern editions of these texts is a very rare book by the famous Dutch book collector Gerard Meerman, Specimen animadversationum criticarum in Caii Jcti Institutiones (…) (Lutetiae Parisiorum: apud Merigot, 1747).

The story of Pieter Gillis’ edition is intriguing. What manuscript did he use? Surprisingly Marcel Nauwelaerts wrote in his article for Contemporaries of Erasmus about Gillis’ edition “of which is a manuscript is preserved in the library of the University of Leiden (MS BPL 191 ba)” (CE II, 101). Is there truly a manuscript once owned or written by Petrus Aegidius? Many manuscript catalogues at Leiden can be consulted online in its Digital Special Collections. The manuscript Leiden, UL, BPL 191 BA can even be viewed online. The catalogue entry by P.C. Molhuysen makes it very clear this manuscript belonged to Paul Petau who wrote a brief summary of the content on the flyleaf. It seems Nauwelaerts was too eager to find a manuscript connected with Gillis. The manuscript has also been described within the online project Medieval Manuscripts in Dutch Collections, but here, too, things are not completely straightforward. Searching for the Epitome Aegidii yields only the manuscript Leiden, UL, VLQ [Vossiani Latini in quarto] 119. When searching directly for BPL 191 BA you find it with as its title Epitome legis Romanae Visigothorum, which is in itself not wrong, but not complete either.

Finding out more about the Epitome Aegidii

Logo Bibliotheca legum

A few years ago Karl Ubl (Universität Köln) started the Bibliotheca legum, a project dealing with early medieval law in France. The project deals with many texts and a multitude of manuscripts, including those with Roman law texts and the early medieval codes conveniently known as the Völkerrechte, “laws of the nations”, because they were addressed to the populations of certain territories. The Breviarium Alaricianum, also known as the Lex Romana Visigothorum, is among them. The Epitome Aegidii, too, figures in this project, currently with thirty manuscripts. Here it becomes clear the Dutch manuscript portal should also refer to Leiden, UL, BPL 114, also consultable online. When you search for “Epitome edited by Aegidius” you will find it together with BPL 191 BA, but without Voss. lat. qu. 119. The Manuscripta juridica database at Frankfurt am Main uses the term “Lex Romana Visigothorum (“Breviarium Alarici”) (Epitome Aegidii)” and offers 25 manuscripts.

The Epitome Aegidii is also among the many subjects in the opus magnum of the late José Maria Coma Fort. His book Codex Theodosianus: historia de un texto (Madrid 2014) is also available online in the digital repository of the Universidad Carlos III de Madrid (PDF; 3,8 MB). Last year Faustino Martinez Martinez reviewed this book most approvingly for the online journal Forum Historiae Iuris. Here I can scarcely do justice to the efforts of José Coma Fort. He mentions Gillis at several turns and discusses his edition in detail at p. 371-375. He concluded the manuscript Gillis used is probably no longer extant. Coma Fort brings into relief the way Gillis’ edition was almost unknown until Meerman’s reimpression, and he looks in particular at the discussions concerning the Epitome Aegidii of humanist scholars such as Bonifacius Amerbach, Johannes Sichard and Johannes Cujacius. Did they willingly ignore the editio princeps? Even today it can be considered a rare book. One of the earliest general bibliographies, Konrad Gessner’s famous Bibliotheca universalis (Tiguri [Zürich] : Froschauer 1545; online at e-Rara) has an entry for Petrus Aegidius without his legal work (p. 543). The USTC has references to eleven copies. Using the Karlsruher Virtueller Katalog I could add copies at Lausanne, Vienna (ÖNB, online) and Heidelberg. The Vatican Library, too, has a copy. The tenacity of Wouter Nijhoff and especially M.E. Kronenberg in creating together the Nederlandsche bibliographie van 1500 tot 1540 (‘s-Gravenhage 1923-1971) comes only sharper into view for current scholars with so many resources within easy reach online. In their bibliography NK 15 is the entry for Pieter Gillis’ book, and NK 1550 deals with Martens’ edition of More’s Utopia.

Dirk Martens of Aalst printed at Louvain in 1516 yet another editio princeps, the first edition of the book on legal argumentation by a Dutch lawyer, Nicolaus Everardi (around 1462-1532), his Topicorum seu de locis legalibus liber, a work I studied for my Ph.D. thesis. In 2011 I presented here a post about the digital versions of several sixteenth-century editions of this book, incidentally one of my most often read posts. It is only fitting to revisit in the 200th post of my blog Louvain in 1516. At the end of this post I realize how I like to bring things together in one post. Hopefully you will not mind the way I led you here to such important resources as the Bibliotheca legum and José Maria Coma Fort’s great book on the transmission of the Codex Theodosianus!

A postscript

University College London organizes on June 30 and July 1, 2016 the graduate conference Imagined Worlds in the History of Political Thought, an event also in coniunction with the quincentenary of Thomas More’s Utopia. You can send a proposal for papers before April 15, 2016, by mail to

The power of words: Some thoughts about Umberto Eco

Image of Umbert Eco - photographer unknown - source: Wikimedia Commons

Umbert Eco – photographer unknown – source: Wikimedia Commons

The death of Umberto Eco (1932-2016) makes the world mourn a most versatile author. In fact you might do him justice by seeing him almost as a true uomo universale. In his writings, both his scholarly work and his novels, the thing resonating within you long afterwards was and is the encounter with a mind full of curiosity about the world, culture and life at large. As a small contribution in remembrance of a great intellectual I will look here at a few aspects of a period close to his heart, the Middle Ages. With The Name of the Rose Eco did not only write a great detective novel and a philosophical treatise about visions of reality and truth, but he returned in a way to the territory where his career started. This novel is marked by elements of law and justice, reason enough to have a look at it here.

A story in black and white

Eco’s great story, set in the early fourteenth century, has not just one central narrative thread, the quest of William of Baskerville and his assistant Adso of Melk to solve crimes and the mysteries surrounding them. The Name of the Rose is also a book about confrontations between old and new ways of thinking and action, and of strife even between people at both sides. The Franciscan William of Baskerville meets a formidable opponent when the Dominican friar and inquisitor Bernard Gui arrives on the scene of the monastery in Northern Italy. Both religious orders came into existence shortly after 1200. They almost fought each other to receive able men into their ranks. The different ways of living and preaching inspired them to outshine each other. Now Bernard Gui (around 1262-1331) was a historical figure. Interestingly he was not only the most famous inquisitor of his time, but also a very active historian of his order, see A.-M. Lamarrigue, Bernard Gui. Un historien et sa méthode (Paris, 2000).

Cambridge Uniersity Library, ms. Ff 3.18,fol. 1r

Thomas Aquinas, Summa Theologiae, start of II-I; England, circa 1320-1340 – Cambridge, UL, ms. Ff 3.18, fol. 1r – image: Cambridge University Library

800 years ago the Dominican order was founded. Part of the worldwide jubilee celebrations is the virtual exhibition A pipeline from heaven: eight centuries of Dominican books created by Cambridge University Library. Among the manuscripts shown in the online gallery you can find the Summa Theologiae, the major work produced by Thomas Aquinas. I searched in this exhibit in vain for the inquisition and Bernard Gui, but let’s first remember how Eco started as a scholar with writing about Thomas Aquinas. Eco’s Ph.D. thesis dealt with the views on art of this Dominican philosopher and theologian. Aquinas wrote many of his works using the scholastic method of distinctions using questions and answers. Argument after argument is dissected in a seemingly cool and calm way. Personal views or involvement seldom surface. Eco succeeded in pinpointing Aquinas’ views of art in his discussions of perception, contrary to the opinions of eminent scholars such as Étienne Gilson and Jacques Maritain. Once you realize this, it is easier to see how this discovery influenced Eco’s later scholarly and literary works.

When William of Baskerville reads and explains the telling signs which contain clues to unravel what happened at the Benedictine monastery infected by crime, Eco knowingly plays with scholarly views of medieval and modern philosophy. Using and focusing on signs was for some time the very heart of the vogue for microhistory. The Italian word connected with the microhistory paradigm is spie, traces. Eco was virtually the founder – together with Roland Barthes – of semioticsthe theory of signs, their meanings and relations. In the thirteenth century a number of Dominican friars set out to write both manuals and encyclopedias covering all kinds of knowledge. Very soon the papacy realized that their deep theological knowledge made these friars fit to become inquisitors. Bernard Gui himself wrote a manual for inquisitors, edited by Michel Mollat, Bernard Gui. Manuel de l’inquisiteur (Paris 1926, reprint 1964; Les classiques de l’histoire de France au moyen âge, 8-9). Gui made notes and instructions and carefully documented his activity in the Languedoc in another manuscript [Le livre des sentences de l’inquisiteur Bernard Gui (1308-1323), Annette Pales-Gobillard (ed.) (Paris 2002)]. David Burr (Virginia Tech) has translated a number of the texts in this edition, in particular Gui’s views on detecting heresy. Gui mentions among other heretical matters the views on poverty of the Franciscan writer Petrus Olivi which figure in Eco’s novel, too.

As part of the Dutch jubilee celebrations of the Dominican order the journal Tijdschrift voor Geestelijk Leven [Journal for Spiritual Life] published a special about Dominican history [Het hart op de tong. 800 jaar dominicaanse verkondiging (TGL 72/1 (2016)] with an article by legal historian and theologian Daniela Müller (Radboud Universiteit Nijmegen) on Bernard Gui (pp. 27-35), summarizing in Dutch at the same time a part of her recent research about medieval heresy and the position of women. Müller writes Gui served his order also as a procurator generalis at the papal court in Avignon, and even became involved in the canonisation of Thomas Aquinas. He also acted as a papal nuntius. Müller’s recent research about Gui’s protest against the decision of pope Clement V compelling bishops and inquisitors to work together is real news (see her article ‘Der Bischof und der Inquisitor’, in: Ketzer und Kirche. Betrachtungen aus zwei Jahrtausenden, Daniela Müller (ed.) (Münster 2014) 237-262).

For Bernard Gui words and views did not stand independent of beliefs and practices. You might say he read the views of people as signs of religious convictions and adherence. He outright connected particular expressions with heretical views, even if he had not yet asked specifically about the latter. Eco succeeded most powerfully in showing one of the major faults of the inquisitorial procedure, the combination of the function of persecuting officer and judge in one person. Is it a play on his own name – Eco means echo in Italian – that the other main character in The Name of the Rose, Jorge of Burgos, the monk killing so many of his brethren, also acted as a staunch persecutor of new views and a terrible self-appointed judge? Eco would have spoilt his novel by placing the motto Only connect used by Virginia Woolf at the start of his first novel, but surely this is the most concise clue to his book.

The joy of writing and sharing knowledge

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Eco involved himself in Italian life and culture with his own column for a newspaper and regular appearances on television. In a number of his books, for example about the history of beauty, he left behind him his familiar territories of medieval history and current philosophy, and reached out to a much larger audience. Among these books I personally most like his work touching on the history of language research, La ricerca della lingua perfetta nella cultura europea (1993), translated into nearly twenty languages, as you can check in the Index Translationum of UNESCO. The history of the search for the perfect language brought Eco in many cases to authors expressing their own theory about the original language of humanity. Even Dutch was in the seventeenth century sometimes presented as the language spoken in Paradise! Having started with studying the world where Latin was the lingua franca this subject certainly made Eco smile. His command of European languages made him the ideal author for this theme.

I first read The Name of the Rose as a student of medieval history. Although I did find at first his proliferation of extracts from medieval authors close to going through an overturned card file I had no doubt whatsoever of his skills as a great story-teller. The joy of writing and sharing is visible everywhere in his writings. Since I first read this book I have reread it several times, and my admiration for it has grown. While writing this post I noticed how many tags I can use for classifying my musings about Eco. We are lucky to see in Umberto Eco someone defying normal classifications. He was a great scholar, and even his faults and flaws have turned into art. Few scholars have been as candid and full of humour as Eco about his own mistakes. Nobody is perfect, but Eco’s legacy will continue to help us perceiving signs, detecting hidden perceptions and connections. He makes you transcend the world of books and marvel at the Book of the World.

Challenges for doing global legal history

Header History and the Law

It is one thing to praise the virtues of global legal history, but the roads to start doing global legal history are often challenging. Are there any roads? How much pioneer efforts are needed to make this approach sensible and fruitful, or should we allow for risks and pitfalls? In this post I will look at a project which is in fact more a consortium of projects dealing with themes in several periods and locations in Asia. On my blog I have looked sometimes at individual countries, in particular Japan and Nepal. I mentioned resources concerning India’s legal history in a post about the projects of the Center for Research Libraries, but these posts did not convey an overall view of research concerning legal history in Asia. For contemporary law in Asia you might want to check my 2014 post about the World Legal Information Institute. In other words, it can do no harm to focus here on Asia.

At the center of this post is History and the Law: Exchanges of Economic, Legal and Political Ideas, a joint project between Cambridge University and Harvard University. There are two websites for this project, and at some turns you are guided suddenly to the Harvard website or vice versa. The Center for History and Economics of both universities is home to this large-scale project.

Legal histories at multiple levels

The subtitle of History and the Law offers a clue to the approach favored by the teams of Harvard and Cambridge. “Exchange of Economic, Legal and Political Ideas” sets the scene for bringing together concepts and ideas from different spheres. A second thing to note at the outset is the research network of the project which is cast much wider than just scholars working at these two famous universities. A third thing to note at the outset is perhaps that the latest scholarly event within the network happened in 2014. The last event was probably the two-day workshop on Petitions and Political Cultures in South Asia (Cambridge, Magdalen College, June 4-5, 2014). However, even in its dormant state it is well worth looking at some key elements. I would have expected here to find an overview of published results, reports on workshops and possibly a number of selected bibliographies. Nevertheless it seems to me most interesting to look beyond these wishes.

The section Reading Legal Documents contains just one text. The introduction of Fei-Hsien Wang’s paper gives a nice and compact example of the working of copyright in early twentieth-century China when each publisher had to get for each publication a separate act from the local authorities acknowledging its copyright. The history of copyright law is also part of another project at Cambridge. The section with interviews contains five interviews. Many scholars will immediately recognize Mitra Sharafi (School of Law, University of Wisconsin), creator of the marvellous blog South Asian Legal History Resources. Her blog is simply the clearing house and portal for anyone doing serious research in this field, in particular for India’s legal history. Sharafi’s selection of digital and digitized resources can stand any comparison.

The main projects which seemed to me at first to be conceived within the framework of History and the Law as daughter projects with separate websites are Sites of Asian Interaction: Networks, Ideas, Archives and Cordial Exchanges: Britain and France in the World since 1700. On closer inspection they should be seen as sister projects, even when in particular the Asia project does deal also with legal history. Both are certainly worth looking at on their own. Where I offer criticism here below these do not touch upon these two projects.

The section with digital resources at History and the Law comparison to other websites and portals invites just such comparison. There is a general section with only six websites. Alas the link to the fine guide of Harvard Law School to online legal materials in open access is currently broken, no doubt a victim of the current redesigning project of its website. Maintaining more than 130 online research guides is a feat in itself. The bibliographical section brings you just four web links, all outside History and the Law, but the sheer weight of Mitra Sharafi’s blog does something indeed to redress the balance. At the website of the University of British Columbia the bibliography on Law and the South Asian Diaspora created by Renisa Mawani has simply vanished. Before going to the main section let’s note the website at Cambridge of the Center for History and Economics with a digital version consolidated index of admissions to the Inns of Court from ‘Indian’ and other non-British-born entrants between 1859 and 1887. The very label “CHE Projects” where you find this creates an expectation for more.

Many resources?

The major part of the corner with digital resources at History and the Law gives us five sections dealing with digital archives and collections, organized in five geographical sections (Europe, USA, East Asia, South Asia and Africa). At this point it is perhaps better to describe this website more as uncompleted than as dormant. Just five links in the European section, with three of them for the United Kingdom, is close to nothing. The link to the project for the Privy Councils Papers Online is not correct. You will want to visit the website at Exeter, and you might like to visit the Exeter Imperial and Global Forum. The “US section” luckily does not only mention projects in the United States, but just mentioning a single Canadian blog is simply poor. Law and Revolution is the research blog of Malick Ghachem (School of Law, University of Maine) where the revolutionary period on Haiti around 1800 is the starting point for discussing the Atlantic revolutionary tradition. With eight links the South Asia section is a bit better, even if it focuses solely on India. Pakistan, Bangladesh, Sri Lanka and Goa are absent. With a few letters removed from the end of its URL the link to the digital library of the Gokhale Institute of Politics and Economics does work properly. The section on East Asia does refer to project concerning China, Taiwan, Japan and Mongolia. Just seven links is very meagre, but most of them are not easily found at all. Let the record show the section for Africa contains a single item, the Slavery and Manumission Manuscripts of Timbuctu (Center for Research Libraries, Chicago). Finally the links section contains seven links, among them three blogs, and I was truly surprised to find here even my own blog.

Should one really wonder about this state of affairs? In the case of Mali you might have a look at a post published here in 2012. A few years ago the web page with links for British legal history of the Law Faculty at Cambridge simply disappeared, and my friendly question to bring it back to life went unanswered twice. At my own legal history portal Rechtshistorie I have saved a version from 2012 from the Internet Archive. Of course I searched for it again today at both the websites of Cambridge’s law faculty and the Squire Law Library, but in vain. I can imagine a sad explanation about the missing overview and the poor quality of the lists presented here, such as illness of a webmaster, but I had rather not speculate here anymore. The project at Cambridge and Harvard ran mainly between 2004 and 2009, and the growth of available digital resources is certainly thus strong that it is hard to imagine the number of projects simply not existing five or ten years ago. The disappearance of websites during the same period is a necessary reminder that not all things online will reach eternity.

The Harvard website of History and the Law has a good page telling about the project’s objective to look at its themes in the sequel of the vogue for the transnational turn and the 2008 banking crisis. I had not yet seen the virtual exhibition Bubbles, Panics & Crashes. A Century of Financial Crises, 1830s-1930s of the Baker Library at Harvard Business School, a product of the Cambridge-Harvard project Exchanges of Political and Economic Ideas since 1760. The Baker Library has also created a digital collection showing some of the riches of the South Sea Bubble collection, and a project site aiming explicitly at comparing the financial upheavals in 1720 with current events, Historical Returns. Linking Ideas Across Time.

Online or in print

How can we explain most convincingly the somewhat sad state of affairs of the websites of this joint project? I would like to use Occam’s razor to provide here a clear explanation. I think it all boils down to a complicated joint program with too much actors and factors influencing its success. In an age where success is more and more measured by its very online presence this project might have scored very high in terms of the international network supporting the project, the range of themes, regions, and periods, and probably of publications in peer-reviewed journals, but this does not make it immediately visible online. If it has been a success you would by now expect to see a full-blown online presence with up-to-date information instead of two rather empty virtual showcases which impair the reputation of both centers. In a way this might offer some consolation to all scholars keen on organizing and steering similar projects, and in particular those who have seen the failure of such projects. History and the Law somehow stands in between two worlds where the printed world and virtual world today are merging together. Even if you are successful it depends on so many factors to be seen as successful.

In my experience you will need a team to create overviews of digital resources which combine a sensible approach, consistent quality, coverage and longevity. The number of daily visitors for Rechtshistorie tells me something about the need for such overviews. The section for Asia on my page for digital libraries covers just one aspect of digital resources, even when I sometimes deliberately put in digitized archival records to make up for any real or supposed lacunae.

Logo Sejarah Nusantara

A number of countries in Asia is still absent on this page. From a Dutch point of view the very small presence of Indonesia is just inexplicable. The National Library of Indonesia in Jakarta has at the very least digitized a number of rare books which should have captured my attention. Last year the digital collection Sejarah Nusantara of the Arsip Nasional Republik Indonesia was launched with documents and archival records created between 1600 and 1800. Following the blog of the South Asian Libraries Group is only one of the remedies I propose. A team would long ago have made at least some provisions. Working to create and maintain my website and this blog contributes in many ways to my views on legal history. Facing mistakes, omissions and gaps is part and parcel of that experience.

For some countries and subjects it can be difficult to track down relevant online resources. Try searching with The Inevitable Search Engine for websites containing links to the major digital libraries for South Asia and East Asia… The best I can do is to promise to keep up the good work, and to invite you most cordially and sincerely to bring relevant resources to my attention. One of the qualities I strive for at my website is accompanying each link with a concise description. In this way I offer at least more than just a list. A number of links often appears here before I put them at the right page of my portal site. At the end of this post it seems to me worth repeating: If you want to make an international project successful today in itself and in the eyes of the general public, you have to pay careful attention to its virtual presence. Choosing a webmaster or – preferably – creating a web team should not be an afterthought but an integral and decisive part of your plans and actions.

A postscript

The link to the guide for free legal research resources of Harvard law School Library does work again. In particular the section on foreign and international law is worth checking.

Serving the history of medieval law

Photo Frank SoetermeerThe medieval relation between Roman and canon law can in a way be summarized by the expression utrumque ius, “both laws”. Medieval lawyers working in the field of the learned law saw both legal systems as twins. One of the major stumble blocks in understanding the nature and medieval development of either system is exactly the stubborn way in which modern scholars often refuse to look in the garden of their neighbours. Sadly, these days a scholar who had the courage and all qualities to avoid this false separation and to bridge supposed and real gaps is no longer with us. This week the electronic news bulletin Rechtshistorisch Nieuws of our colleagues in Ghent contained a short obituary on Frank Soetermeer (February 7, 1949-January 6, 2016). Instead of focusing solely on his scholarly work I would like to honour him with some personal memories.

The first time I really met Frank Soetermeer was at the Gravensteen in Leiden in 1990. For many years the legal historians of Leiden had their offices in the old county prison. During a coffee break I saw a poster with an announcement about the International School of Ius Commune at Erice. Just when I had finished reading its text Frank Soetermeer showed up and told me he would be one of the scholars teaching that year. On arrival in Sicily I realized that apart from the poster and the encouraging words of Frank Soetermeer I did know hardly anything else about this event for graduate students! Soetermeer gave his audience a very fine lecture about the production of legal manuscripts at medieval universities. He spoke about his research with natural authority in calm but fluent French, and I shared the admiration for him with the other graduate students attending. That same year he gave me a copy of his dissertation, De pecia in juridische handschriften (diss. Leiden; Utrecht 1990).

Originally Frank Soetermeer came from Rotterdam, but he lived for many years in Utrecht and taught at Amsterdam. He visited Leiden regularly for the famous Friday afternoon seminar about medieval legal manuscripts held every winter and spring. A few years after the Second World War legal historian E.M. Meijers and palaeographer Gerard Lieftinck founded this seminar. Legal historians from several Dutch universities, be they versed in Old Dutch law or papyrology or just a young curious student, and a palaeographer of world renown, Peter Gumbert, met at the Gravensteen to read together the often tiny handwriting of remarkable manuscripts. In a year with river floods threatening the town of Culemborg we were fortunate to have in Leiden a medieval legal manuscript normally kept at the municipal archives of the former town. Few of us could possibly have seen as many manuscripts as Frank had, and we felt lucky with his presence. As on the photograph shown here a smile was never far from his face, but as often his eyes showed question marks signalling questions and points to be investigated. I remember Frank arriving at the Gravensteen almost always wearing a hat, a tradition he clearly enjoyed.

Few Dutch dissertations have been translated both into Italian and German. Soetermeer’s outstanding Ph.D thesis was translated as Utrumque ius in peciis: aspetti della produzione libraria a Bologna fra due e trecento, Giancarlo Errico (trad.) (Milan 1997) and Utrumque ius in peciis: Die Produktion juristischer Bücher an italienischen und französischen Universitäten des 13. und 14. Jahrhunderts, Gisela Hillner (trad.) (Frankfurt am Main 2002). Frank discussed earlier research into the pecia system which had focused mainly on the field of medieval theology and on book production in Paris, and looked systematically at its use at the law faculties of medieval Europe. Fourteen articles have been reprinted with English summaries, additional information, corrections and useful indices in the volume Livres et juristes au Moyen Âge (Goldbach 1999). A very useful introduction in English to his studies of the pecia system is to be found in his article ‘Between Codicology and Legal History: Pecia Manuscripts of Legal Texts’, Manuscripta 49/2 (2005) 247-267. His article about Hostiensis (Henricus de Segusio) in Ius Commune 26 (1999) has been digitized in Frankfurt am Main. A quick look at his writings as included in the database with scholarly literature of the Regesta Imperii project at Mainz reveals he contributed nearly thirty biographical articles to the Biographisch-Bibliographisches Kirchenlexikon, often abbreviated as BBKL or the “Bautz”. A fair number of his articles can be accessed in their original form or as preprints at Academia.

Only a few of Frank’s articles focused on medieval canon law, in particular ‘The origin of Ms. d’Ablaing 14 and the transmissio of the Clementines to the universities’, Tijdschrift voor Rechtsgeschiedenis 54 (1986) 101-112, and ‘La proportion entre civilistes et canonistes à l’Université de Bologna vers 1270’, in: El Dret Comú i Catalunya: actes del IIIer Simposi Internacional, Barcelona, 5-7 de novembre de 1992, Aquilino José Iglesia Ferreirós (ed.) (Barcelona 1993) 151-166, but particular his contributions to the BBKL show his affinity and deep knowledge about canon law and major canon lawyers such as Guillaume Durand, Bernhard de Montmirat (Abbas antiquus), Oldradus de Ponte, Guido de Baysio (Archidiaconus) and Petrus de Sampsone.

On rare occasions I saw Frank in my home town Utrecht. The few times this did happen we both looked slightly bewildered, because Frank did travel much and we just did not expect to see each other in Utrecht. One of the happiest memories of briefly meeting Frank in Utrecht was when I saw him with Nella Lonza and their child. The happiness of Frank, of this couple with their child, is indeed a memory to treasure. It is with disbelief that I have to use the past tense in writing about him. If I had to single out any of his articles it would have to be ‘La carcerazione del copista nel pensiero dei giuristi bolognesi’, in: Gli ultramontani. Studi belgi e olandesi per il IX centenario dell’Alma Mater bolognese (Bologna 1990) 121-139, also in the Rivista Internazionale di Diritto Comune 6 (1995) 153-189. Masters in Bologna and elsewehere argued about the way one could compel a scribe to finish writing a legal manuscript, including the small initials, see his study ‘Un problème quotidien de la librairie à Bologne: «Minora» manquants’, in: Excerptiones iuris. Studies in Honor of André Gouron, B. Durand and L. Mayali (eds.), (Berkeley 2000) 693-716. Frank Soetermeer showed how you cannot confine the study of law at the medieval universities to just one discipline. In his work he traced with patience and precision the impact of the learned law in medieval Europe, an impact beyond the pages of the manuscripts concerning legal doctrine. With the death of Frank Soetermeer we have lost a fine scholar, a true gentleman, a loving father and a steadfast companion of his beloved, a man to be remembered.

Roman law and its digital life

Scholars working in the field of Classical Antiquity have wholeheartedly embraced the use of digital tools. Some portals concerning aspects of the ancient Mediterranean are even among the very best current websites. It is a sheer joy to figure out for example how to travel from Asia Minor to Italy using the Orbis interactive map created at Stanford University. In this post I would like to look at the possibilities to work with Roman law texts in digital versions.

Banner of the Amanuensis program

Are websites or tools available which can help to achieve the aims of both traditional and more advanced aims in classical philology when dealing with the texts of the great Roman lawyers and the compilations created in the sixth century AD? The answer might surprise some younger readers, but in fact one of the earliest computer programs dealt already with this subject. One can only admire the foresight and wide view of Hofrat Josef Menner (Universität Linz) to create the program Romtext not just for Justinian’s Digest, but also for his Codex and Institutes, for the Institutiones Gaii and the Codex Theodosianus as well as the Breviarium Alarici (Lex Romana Visigothorum) and even less well-known texts, for example the Tabula Heracleensis. The program functioned since the early seventies on a standalone computer. His program has now been converted by Peter Riedlberger and Günther Rosenbaum into a modern program, called Amanuensis. This tool was launched in March 2014 and is available both for the main personal computer systems and also as an application for smartphones. Amanuensis has been out already for some time now, and version 1.5.2 certainly merits attention here. In the Zeitschrift der Savigny-Stiftung für Rechtsgeschichte, Kanonistische Abteilung 101 (2015) 793-794 the creators announced their tool in print to the scholarly world.

The search screen of Amanuensis

The origins of Amanuensis from a computer system with only bare essentials is still immediately visible in the austere search screen, both on your pc and on a smart phone. However, in this new incarnation Romtext still scores above the various websites with Roman legal texts where you can perform only searches in one singular text, not within the complete corpus of Roman law texts. The list of resources even includes three early medieval Germanic law codes, the Völkerrechte. You can set the search interface in sixteen different languages. You can tune the search mode to include exact phrases, skip occurrences or include various endings of a word, and by clicking on a paragraph you get the context into view. It is also possible to search for particular texts using the normal abbreviations for Roman legal texts. Amanuensis does deal also with assimilation in words to make searching for different spellings easier. In other words, you can perform the kind of searches you expect of similar tools. Long fragments in Greek have been excluded from the corpus.

Logo The Roman Law LibraryOn my own legal history portal Rechtshistorie I have listed at the page for Roman law links to a number of digital version of the Corpus Iuris Romani. At the Latin Library the texts for Roman law compiled under the authority of emperor Justinian have been put together in one section, the Theodosian Code and the Institutes of Gaius appear separately. Surely The Roman Law Library at Grenoble can boast the largest variety of Roman legal texts, but here, too, you have to search within individual sections. Yves Lassard and Aleksandr Koptev include at their magnificent portal when possible two or even more editions of a text, something to keep in mind when using Amanuensis and other resources, such as the very good searchable versions of the Institutiones Iustiniani, the Codex and the Digest at the Intratext Digital Library. At Intratext you can for example also search for words in alphabetical listings and benefit from the KWIC presentation (keyword in context).

A plethora of texts

Lately I have looked at several online text corpora, and it is rewarding to mention here at least some of them. The Corpus Scriptorum Latinorum guides you for Roman legal texts to the versions at the Latin Library. DigilibLT, Biblioteca digitale dei testi latini tardoantichi (Università degli Studi di Piemonte Orientale (Vercelli)), does not include any Roman law text among its Latin texts from Late Antiquity. The Bibliotheca Polyglotta created at the Faculty of Humanities at Oslo University is awe-inspiring for its sheer scope and range, from Arabic texts to the Bible in several languages, and from Ashoka inscriptions to the Universal Declaration of Human Rights. However, Roman law is absent. At Monumenta, a Swiss portal created by Max Bänziger, you have access to a large number of texts in classical and medieval Latin, but legal texts have not been included.

In another Swiss project, the Corpus Corporum – Repertorium operum Latinorum apud universitatem Turicensem at the Universität Zürich, you will find a wealth of Latin resources, among them for medievalists Migne’s Patrologia Latina. This portal builds on the strengths of some digital corpora which figure in this paragraph. I would have expected to find Roman legal texts in the section Latinitas Antiqua, but instead you will find Justinian’s Digest and the Institutes of Gaius among the Auctores scientiarum varii as the only Roman legal texts. For a different slant – and a very different layout – you can visit the Bibliotheca Augustana created by Ulrich Harsch (Augsburg) who has not only the Iustinian codification and Gaius’ Institutes, but also the Laws of the Twelve Tables, Diocletian’s price edict and other short texts.

Banner Perseus Digital Library, Tufts University

Let’s conclude this brief tour of major textual corpora for digital humanities with the Perseus Digital Library (Tufts University, Medford, MA). You might wonder why I did not start with this digital library, doubtless the richest online resource for Greek and Latin texts, and you will not be disappointed here when looking for the Qur’an, Icelandic sagas or texts on American history, too. Roman law is conspicuously absent. On a separate domain the Perseus Catalog does bring you to external versions of Justinian’s Digest, even in the 1909 translation by Charles Monro and William Buckland, the Institutes and the Codex, and to the edition by Theodor Mommsen and Paul Krüger of the Corpus Iuris Civilis at the Internet Archive, with the Institutiones and the Digesta (5th ed., Berlin 1888), the Codex Iustinianus (5th ed., Berlin 1892) and the Novellae (Berlin 1895). The Perseus Catalog does not bring you to the Codex Theodosianus also present at the Internet Archive in the edition by Mommsen and Paul Meyer (Berlin 1905). The Perseus Digital Library exists also in a special version for advanced philological research, Perseus under PhiloLogic, using the PhiloLogic technology developed at the University of Chicago available for text collections, encyclopedias and dictionaries, in many cases in open access. It would be great to approach Greek and Roman legal texts, too, with modern digital tools.

Knowing more is more than just fun

Today I received a flyer of a Dutch newspaper advertising with the slogan “Meer weten is wel zo leuk” [Knowing more is really nice]. I immediately combined their advertisement with the matters at stake here. The ideal of an all-embracing Altertumswissenschaft can still bring a smile on our faces. It would be great to connect aspects of ancient civilizations seamlessly and effortlessly with each other, and indeed the online availability of so many resources and their rich variety makes achieving the aim of histoire totale less far away than before. Why does Roman law get such a marginal place in the text corpora described in the middle of this posting? I had better not speculate on any answer. Perhaps Romtext and its current form simply have not yet been noticed very much outside the German-speaking world.

In last month’s posting about law and pocket books I noted an Italian pocket edition of the Digesta, but now you can actually have the Corpus Iuris Civilis and some supplementary texts literally in your pocket. It is not just that the Romans paid particular attention to legal matters, it is not even the perfection of their laws and commentaries nor the brutal exclusion of whole groups in society, it is the impact on Roman society and the reception of Roman law that matters crucially in understanding the Roman world and its significance during two millennia. Leaving out law when talking about the Romans might make things seem easier, but it does leave out something that mattered very much to them.

In fact scholars in the field of Roman law might sometimes yearn to achieve what others working in fields such as Assyrian and Egyptian history have already done with computers and digital tools. One can only admire the way ancient inscriptions and papyri have been made accessible online. The way things work for studying Roman law are changing, too, even if you can only find a trickle of news about Roman law on the deservedly famous blog of Charles E. Jones, AWOL – The Ancient World Online. Thanks to Sarah E. Bond’s blog about law in Classical Antiquity and her links I arrived at Paul Du Plessis’ (Edinburgh) very useful online companion to Borkowski’s Textbook on Roman Law (5th ed., Oxford, etc. 2015) who alerted me to the services of Amanuensis, and made me work to update my webpage on Roman law.

Logo Ius Civile

In most cases the Ius Civile portal of Ernest Metzger (University of Glasgow) is one of the surest places to look for online information about Roman law, for example his clear listing of online versions of the various parts of the Corpus Iuris Civilis, but evidently Amanuensis has yet escaped his attention. On the blog of the online scholarly journal Roman Legal Tradition Metzger alerted on September 8, 2015, to a recent article by Thomas A.J. McGinn on Roman law and the expressive function of law. It is worth citing Metzger’s opening words:

Those who study Roman law don’t “collaborate” with other disciplines: they live in them. Romanists who aren’t part philologist and social historian don’t exist, and without some acquaintance with philosophy and the history of ideas they’re just left behind. So they don’t talk about “interdisciplinarity.” Like the old joke: “What’s water?” said the fish. The corollary is that Roman law is the perfect mirror for all manner of studies, and that includes relatively new ones, like the expressive function of law.

Metzger succeeds in making his readers really awake! To do justice to the role and importance of Roman law legal historians should do their best to bring this fact to bear on the study of Classical Antiquity, and make other scholars more aware of and wary about Roman laws, lawyers and institutions. Roman law is indeed a mirror of all aspects of the Roman civilization. In my view the mirror of ancient society is distorted when Roman law in its turn is not clearly visible. Of course the laws of the Romans can be biased, disgraceful or wrong, but a mirror should show such characteristics, too. Specialists of Roman law might be versatile scholars in other disciplines as well, but it is up to scholars in these disciplines to turn an eye to Roman law. You are at your own peril when you turn a blind eye to this central element in Roman life and culture. Having a nifty tool as Amanuensis at your disposal, if you want at your finger tips, can be most useful to make your mind up about Roman law. We have to thank scholars such as Josef Menner, Yves Lassard, Aleksandr Koptev and Peter Riedlberger who took and take the trouble of paving roads to electronic access to Roman legal texts.

logo-Index Iuris

This week I noticed also the launch of Index Iuris, a portal at the University of South Carolina, Columbia, SC. Its creators, Colin Wilder (University of South Carolina), founder of the portal The Republic of Literature, and Abigail Firey (University of Kentucky), leader of the team for the Carolingian Law Project, have as their aim the development of a portal for all kind of historical legal texts. Including resources such as those now available in Amanuensis will be a major asset for this ambitious project. Hopefully it will not detract too much energy from their other projects, and exactly for this reason the co-operation of other scholars is most welcome.

Going the long roads: Legal history and The History Manifesto

Cover This year saw in June some twenty conferences in the field of legal history, but now in August the congress calendar of my blog shows no events. It is summertime and scholarly life, too, goes at a slower pace and in different rhythms! During my holiday I could find much time for reading, and without events to attend I hope to read more this month.

One of the books offering itself for a reading in calm and quiet surroundings bristles with energy. Last year Cambridge University Press published The History Manifesto by Jo Guldi and David Armitage, both as a book in print, as an e-book, in a web version and as a PDF. In 2014 I read it very quickly, and indeed its style helped me to fly through its pages. However, if the proposals and visions of the two authors make any sense, a more detached second reading is needed. What’s in it for legal historians? Do Guldi and Armitage have a message for them, or even multiple messages? What are the challenges facing the various fields and corners of legal history? Can we safely follow its recommendations and examples, or are there different directions which will be more rewarding? In this post I offer a personal view about this provocative book.

A call to arms

The opening words of The History Manifesto echo the Communist Manifesto which did indeed stir minds and governments. Both texts are divided into an introduction and four chapters, and they share the use of incisive and trenchant statements. However, with 125 pages for the main text the 2014 manifesto is really a book, not just a pamphlet-length treatise, In addition forty pages of notes and an index for persons and subjects place it in another category.

A summary of the book by Guldi and Armitage is not out-of-place here. The authors start with an introduction which depicts the humanities in a state of crisis. The following chapter looks at the origins of the modern concept of the longue durée, associated with Fernard Braudel and the impact of the French Annales school of historiography. In the second chapter they investigate the place of research concerning long-term developments in historical research between 1950 and 2000. The third chapter discusses the amount of attention historians paid in the twentieth century to such matters as worldwide changes in climate, inequality and the ways governments function. The last chapter is a plea to ask the great questions and to use Big Data in new ways that bring sound analyses for the problems of our times leading to actions for the future. One of the themes in the conclusion is the public role of history and historians in our century.

The great seduction of Guldi and Armitage is the invitation to combine without questioning two assumptions, the importance of history and the urgent need to follow the directions they indicate. I would not be a historian if I did not believe in and practice history with all its qualities. The second assumption is presented in a most enticing way. Guldi and Armitage are skilled story tellers, and it feels safe to join them in their explorations. The prophetic tone of the new manifesto brings a smile, because it makes you feel you are at last in good company with people who can see through the layers of society and open vistas of a world where historians and their research are almost bed fellows to power, guardians of the truth and the common good, and councillors with sound counsels. “Historians of the world, unite! There is a world to win – before it’s too late”. Even if there is a spectre haunting the modern world, you can find here a benevolent spirit ready to save mankind.

Guldi and Armitage are serious historians, but you cannot miss the ideological overtones of the manifesto. It would be wrong to dismiss the manifesto as nothing but a resurfacing of left ideologies. In fact they point not only to values and visions worth defending and promoting in their view, but they are also clear about the supposed neutrality of a world reigned by capitalism and neoliberalism. They point to research showing the impact of capitalism not only for the economy, but in particular also for the environment.

On the website promoting The History Manifesto there is ample space for discussion and criticism. The original version published in October 2014 has been followed in February 2015 by a corrected version with an accompanying revision notice. One of the salient features revised is a graph at page 44 depicting the percentage of Ph.D. theses written in the United States dealing with historical subjects during long periods. The alleged “downfall” of interest in long periods was less steep than suggested. One can frown about the very choice of American theses where a comparative perspective or a similar sample of published history books might have been more convincing. British and American history together provide the majority of examples, even if former British colonies are present, too. China gets more space than Japan.

At first I had no intent of looking at this book through Dutch glasses, but on second thought this, too, is useful. At page 65 Guldi and Armitage list a number of infrastructural projects “where nations have assumed responsibility for preserving life into the future”, among them “the government-built dykes of the early modern Netherlands”. The typical Dutch thing about the medieval and later dykes up to 1700 is that the overwhelming majority has been built by local governing bodies with whom resided full authority and jurisdiction. Centralized efforts to restore areas claimed by the floods of 1530 did utterly fail. In the seventeenth century the large land reclamations north of Amsterdam such as the Beemster (1612) and the Schermer (1635) succeeded thanks to the efforts of private investment companies. In the same paragraph the authors make the point that central authority is not always a prime mover, and here the Dutch dykes would have fit in excellently. This might seem a tiny detail, but historians have to deal with both details and larger contexts, especially when you want to give tell-tale details. As for the importance of the history of water management the manifesto does point to the studies of Terje Tvedt.

Short periods, long periods and legal history

Logo The Republic of Letters

Instead of picking at possible faults and mistakes it is perhaps more rewarding to look at the fruits of The History Manifesto that are interesting for legal historians. Do Guldi and Armitage look at legal matters in the past apart from inequality and injustice, and cite research in the fields of legal history? They do indeed, and I will give here a summary overview.

In the first chapter the influence of Theodor Mommsen and Henry Maine is mentioned with approval as an influence on various social history studies by Sidney and Beatrice Webb. Paolo Grossi’s research about the history of property figures in a footnote. Later on it is no surprise that ownership figures prominently, for example Aaron Sakolski’s Land Tenure and Land Taxation in America (1957) who wrote about the views of major legal historians about the history of ownership. The two authors point to older studies such as Eugène Garsonnet, Histoire des locations perpétuelles et des baux à longue durée (Paris 1878) which helped Braudel during the fifties in creating his concept of the longue durée. Paul Warde traced the impact of real and perceived wood shortage on emigration using court records from many places in Europe. The series of digitized criminal court records of the Old Bailey between 1673 and 1914 is proudly present, as is Colin Wilder’s project Republic of Literature (RL) where legal texts are linked to a vast network of scholars and students and the ways they influenced German society in the Early Modern period. The datasets and the conceptual model behind RL are open to scholars for doing their own research. Paul Johnson and Stephen Nicholas studied criminal records in England and Wales between 1812 and 1867 which contain the height of the accused in order to find evidence for any improvement in living conditions. The history of slavery and its changing interpretations appear in every chapter. Using the contents of probate inventories as a kind of testing ground for all kind of changes is another example of sources familiar to at least a number of legal historians, In the final chapter Guldi and Armitage cite a possible study to words for emotions in court records as an example of future research for which historians are in their view exceptionally well equipped.

While looking for the relationship between attention to long periods and legal history I was somewhat mystified by the role allegedly played by Quentin Skinner. Guldi and Armitage present him (pp. 47-48) as a defender of contextual scholarship who attacked those favoring grand theories including attempts at long-term history. Skinner did certainly criticize those who tried to construct fanciful histories of ideas, but in his later publications he certainly did not avoid major subjects such as republicanism and freedom in Early Modern Europe, a time range of three centuries. I cannot help thinking about the proverb coined by George Bush “Who is not against us is for us”. Another saying, “Why should facts hamper my theory?”, is probably closer to the mark.

Blessings in disguise

As a medievalist I am used to the fact that results in studies dealing with long periods and major themes cannot be transplanted ceteris paribus to medieval studies. For The History Manifesto legal history mainly serves as a stepping stone or sometimes as an approved guide for a particular subject or problem. To do justice to the facts one should note that the website of the Republic of Literature, too, does in its present state only refer to the titles of legal texts as examples chosen from Roman and medieval law.

However, it is one thing to depreciate a book completely. and another thing to signal problems concerning the aims, scope, scale and value of a book. If I would make here only negative remarks about their book, I would take the trees for the forest. Guldi and Armitage express their genuine and sincere concern about the practice of history and its impact on society. The authors did a sincere job, and they could benefit from comments on lectures and early drafts by noted historians such as Peter Burke, Paul Freedman. Lynn Hunt and John Witt. You might have heard too often about crises in the historical trade and within the humanities, but even the ideological tone of The History Manifesto does not harm the main argument about the importance of choosing relevant subjects to be studied within a sufficiently long time span. Sometimes it is necessary to look just before and after a particular period to gain real insights, but even so often the micro-historic approach of telescoping into very short periods will pay off.

One of my greatest hesitations with the summons of The History Manifesto is the wish to be close to those in power, in order to give sound counsels and guide long-term policies. We had better watch out to remain independent as far as possible, and not sacrifice this for a clear role in current affairs. The results of historical research can shed light on the present, but they seldom contain infallible guidance for the immediate future or decades ahead of us.

The second major fault of The History Manifesto is perhaps more devastating. The authors highlight at several turns aspects of legal history, but somehow for me it sounds hollow. Generally I do not like to attack the main thrust of a book, but is it not very strange that a book with much attention to struggles against racism, inequality, slavery, environmental threats and the unfair distribution of wealth does not put legal history at its center? Uses and abuses of powers, legal doctrine and institutions, legislation and justice are not just at the periphery of such matters. They are part and parcel of these problems, prime movers and causes, channels of consequences to many events and solutions.

Jo Guldi and David Armitage want historians to tell stories that matter. Just choosing a long period in itself is not enough, and just dreaming about the chances of Big Data is no help, but creating and presenting sizeable answers when accessing and analyzing massive information is an aim not easily to accomplish. This book needs to be read with a red pencil. Your copy should be full with question marks and underlinings, emoticons and marks of approval, wonder and disbelief. The real question is not what these two distinguished scholars do within the provocative chapters of their double-length pamphlet, but what does it mean for your own future research practice, or from a reader perspective, what kind of history might be more rewarding than the studies I preferred until now? Combining the strengths of micro-history and a more synthetic approach within serial contextualism is one of the roads advocated by Guldi and Armitage. The study of revolutions, be it the French, the Industrial, the Russian or the Green Revolution, is helped both by studies with a narrow focus in location and time to look beyond the glamour and clamor of the great cities, and by attempts to create new syntheses building on existing studies, studies that will cover much longer periods. In the manifesto revolutions are a clear example, but it could be as helpful to look in this way, too, at the similarities and differences in riots and revolts, surely somewhat smaller events, but nevertheless often resonating long afterwards. You might find some inspiration in a post about the history of riots on my blog.

In fact studying riots can take you right into living history. The riots after the death of Michael Brown on August 9, 2014, in Ferguson, Missouri, got world-wide attention. The Washington University in St. Louis, MO, has created the digital archive Documenting Ferguson, and you can look also for example at a Ferguson research guide created by the University of Arizona and a similar guide from Michigan State University. This university has also put online a special guide concerning riots and trials touching upon African-American history, Outrageous Justice: Riots, Lynchings, False Accusations and Court Trials with numerous links to websites about trials and courts.

As far as the world extends

Cover Entanglements in Legal History

What are the new roads, scopes and aims of legal historians nowadays? A few paragraphs ago I wrote on purpose about transplanting. Looking at different legal systems is not only a practice in the field of comparative law. In the twentieth century Stephan Kuttner, David Daube and Alan Watson looked across the supposed borders of legal systems, and other scholars have followed their example. The latest issue of the journal Rechtsgeschichte-Legal History / Rg 22 (2014) is dedicated to transnational legal history. The preface by Thomas Duve, one of the two directors of the Max-Planck-Institut für europäische Rechtsgeschichte in Frankfurt am Main, makes clear how this institute seeks to include the whole world in is research, without forgetting its own history of research focusing on European legal history, fittingly symbolized by the new Helmut-Coing-Weg near the institute. It points to new roads with its publication series Global Perspectives on Legal History (GPLH), with the first two volumes already available not only in print but also as PDF’s. The first volume, Entanglements in Legal History: Conceptual Approaches, Thomas Duve (ed.) (GPLH, 1; 2014), sets an agenda for future research. The essays in this volumes look back at the positive and negative sides of earlier research, they chart the impact of colonial and imperial history, and look in more depth at legal transfers and reception of law in the field of international law since 1800. The second volume, Derecho privado y modernización. América Latina y Europa en la primera mitad del siglo XX, María Rosario Polotto, Thorsten Keiser and Thomas Duve (eds.) (GPLH, 2; 2015), looks at the interplay between European and Latin-American history in the field of private law during the first half of the twentieth century.

Closer to my country I am happy to see the very quick publication of the papers read during the last Dutch-Belgian Legal History Days in Brussels, December 2014, a biennial event which gives the floor in particular to young legal historians. Dave de ruysscher and four other scholars edited the volume Rechtsgeschiedenis op nieuwe wegen / Legal history, moving in new directions (Antwerpen-Apeldoorn 2015). Not only the Low Countries, but also the United Kingdom, France, Italy and Argentina figure in this volume. Of course much more could be mentioned. Let three examples suffice: John W. Cairns published this summer Codification, Transplants and History: Law Reform in Louisiana (1808) and Quebec (1866) (Clark, NJ, 2015) and Martin Vranken published Western Legal Traditions: A Comparison of Civil Law and Common Law (Sydney 2015). Earlier I wrote here about the Digital Panopticon, a larger than life offspring of the Old Bailey Online project, spanning the oceans and centuries between Britain and Australia with court records as its backbone.

Qua Patet Orbis, “as far as the world extends”, is the motto of the Dutch Marine Corps founded in 1665. Its history of world-wide presence right until now reminds me that we cannot shake off entirely the impact of colonial history and imperialism. Being aware of traditional perspectives and biases is often already an effort, and taking new directions might easily become just a slogan. The book of Jo Guldi and David Armitage deserves at the very least your attention to check for cobwebs in your own thinking and actions. Legal historians might not be able to change the world by the force of their research, but they cannot completely ignore the major problems of our century, such as violence, racial tensions, slavery, human traffic, fundamentalist movements, the weaknesses of civil society and the destruction of natural resources. Legal historians are well equipped to gauge the impact or lack of impact of laws, the workings of bureaucracies, the shifting meanings and connotations of words associated with justice and injustice, equality and equity. It would be a shame to create only results to save yourself a place within the ivory towers of the academic world, and luckily I trust that many legal historians are simply too human and wise to enclose themselves.