Tag Archives: Belgium

Law and art at Bruges

logo-blindfoldjustice_onlineThe close relations between law and art are a phenomenon which increasingly receives scholarly attention. In fact legal historians and other legal scholars in other disciplines have created a special field for studying the symbiotic appearance of law, legal iconography. Until February 5, 2017 the Groeningemuseum in Bruges presents the exhibition The Art of Law. Three Centuries of Justice Depicted. On january 16 to 18, 2017 a conference will take place at Bruges around this exhibit, with a slightly longer title, The Art of Law: Artistic Representations and Iconography of Law & Justice in Context from the Middle Ages to the First World War. Legal iconography is a subject I discuss here regularly, Among other reasons to promote this discipline is the chance to combine texts and images. On my website for legal history I have devoted a section to digital collections for legal iconography.

The imagery of justice and injustice

Gerard David, The Judgement of Cambyses, 1498 - Bruges, Groeningemuseum

At the heart of the museum and the exhibit is one of the most iconic paintings showing justice at work. If you try to look at it calm you will in the end shiver in front of the gruesome image at the right side of this double painting. Gerard David was commissioned by the city of Bruges to make this painting with The Judgement of Cambyses in 1498. Once it hung in the city hall, but since the nineteenth century it is among the highlights of the Groeningemuseum. The painter shows on his diptych at the left the Persian king Cambyses ordering the arrest of judge Sisamnes who was suspected to have accepted bribes. The story comes from Herodotus’ HIstories. The graphic depiction of the punishment delivered to this corrupt judge was meant as a warning to judges not to accept money for their judgment or to steer away from justice.

The power of this painting for the people of Bruges was apart from the powerful composition the use of contemporary settings for both scenes, with familiar buildings in the background and people wearing the clothes of their own time. The choice for a subject from Persian history taken from a Greek historian should make you think about the accessibility of Greek texts in fifteenth-century Europe either in the original or in complete or partial translations and adaptations. The painting of David played a role in Johan Huizinga’s view of late medieval society in his famous The Waning of the Middle Ages (1919), even though early editions were published without illustrations. Its first chapter had the title ‘s Levens felheid, “The fierceness of life”. Huizinga had seen an exhibition of early Dutch and Flemish paintings. The term “Flemish Primitives” might sound curious but is still sometimes used for the painters at the beginning of the great era of painting in the Low Countries. As for Huizinga’s view of the drastic character of late medieval justice, a recent article by Maarten Müller, ‘Het felle leven en het kalme gerecht : misdaad en straf in vijftiende-eeuws Haarlem’, Pro Memorie. Bijdragen tot de rechtsgeschiedenis 15 (2013) 5-31 – also availabe online – corrects his views to a large degree. Huizinga had edited sources concerning the legal history of Haarlem [Rechtsbronnen der stad Haarlem (The Hague 1911)]. It is rather strange that he did not hesitate to create a more colourful view of late medieval realities. By the way, in 2015 Pro Memorie devoted an issue to legal iconography.

cover-lesmotsdelajusticeThe conference from January 16 to 18 does not look only at medieval legal iconography. Only one day will be devoted to the Middle Ages. The second day centers around legal iconography in the Early Modern period, and on the third day scholars will look at the long nineteenth century. Many scholars from Belgium will speak at this conference, but otherwise scholars come to Bruges from all over the world. The range of subjects is impressive, and I have to stop myself from picking out my personal favorites and surprising themes! At the end of the conference the project IAP Justice and Populations will launch the new volume of studies Les mots de la Justice/Het verhaal van Justitie. The front cover shows the entrance hall of the Palais de Justice in Brussels, probably the most labyrinthine building ever built, showing both the power of law and justice in its huge dimensions, and alas almost as powerful also its intimidating power because of its impersonal dimensions. The header of the website of this Belgian project shows a nineteenth-century photograph of this immense building, looking very much as a kind of spaceship that has just landed on earth. The organizers of the conference succeed in overcoming the linguistic frontiers that often divide modern Belgium. Their happy cooperation should set an example for the future.

Logo Erfgoed BruggeAs for the lovely city of Bruges, you can balance the present look of the old city, for some tastes perhaps too idealized, with a look at home at the wonderful new portal Erfgoed Brugge [Heritage Bruges], only accessible in Dutch, with sixteen digital collections and catalogues  bringing you to documents in the archives, archeological findings, paintings and objects such as sculptures, tapestries and jewellery in the museums, the poetry and letters of Guido Gezelle, manuscripts, maps, newspapers, engravings, drawings and much more. Legal historians should note the recent addition of nearly one thousand printed poster-sized proclamations and ordinances from the First World War. You will have to register online with the Archiefbank Brugge to gain access to these aanplakbrieven, definitely a Flemish word. For those visiting Brugge the Groeningemuseum organizes also guided tours to the main locations of law and justice in medieval and modern Bruges.

The Art of Law. Three Centuries Depicted – Bruges, Groeningemuseum, October 28, 2016 – February 5, 2017
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The Schelde river, a disputed boundary

The Low Countries owe their importance not only to political developments. Geographic conditions play a major role, too. The picture of the Netherlands as a country below sea-level in the Rhine and Meuse estuaries has become a cliché. More to the south another river, too, had formed a mighty estuary. The Schelde, in English often spelled Scheldt, and in French known as the Escaut, has formed an estuary in Flanders and in the Dutch province Zeeland. In particular the Westerschelde has played an important role in Dutch and Belgian history. Cities such as Ghent and Antwerp own part of their prosperity to their position on the Schelde river. The Westerschelde is at some points the border river between Belgium and the Netherlands. In this post I will look at a number of the conflicts around this river.

Scheldt River Collection, Peace Palace LibraryTracing the history of these conflicts has become easier thanks to the Peace Palace Library in The Hague which has created a digital Scheldt River Collection with some 300 publications, 35,000 digitized pages in all. These publications are not only in Dutch and French, but also in other languages. The Peace Library devoted in 2015 a Library Special on its website to the Schelde with a link to a report on the current situation of this river and a list of the main conflicts and events since 1585, The Scheldt estuary case: From conflict to cooperation. In this contribution I will look both at the history of conflicts about the Schelde and at the digital collection of the Peace Palace Library.

Centuries of conflicts

The navigation on the Schelde had been already an issue long before the Belgian independence in 1839. During the Dutch Revolt in the sixteenth century the blockade of the Schelde massively damaged the trade to and from Antwerp, and prompted many Flemish merchants to go to the North. Amsterdam’s growth in economic power around 1600 is to a substantial degree due to an influx of merchants from Flanders, their talents and networks. However, this period does not come into view in the digital collection. The Peace Palace Library has digitized books from its own collection. Apparently fifteen works from 1784 and 1785 are the earliest available. Among these works is a treatise by someone more famous for his role in French history. Honoré Gabriel de Riqueti, comte de Mirabeau (1749-1791) published a treatise with the title Doutes sur la liberté de l’Escaut, réclamée par l’empereur; sur les causes & sur les conséquences probables de cette réclamation (London 1785). It was this work that brought Mirabeau to the attention of the general public in France. The Peace Palace Library digitized also a contemporary Dutch translation of this treatise. Some of the digitized publications discuss the role of the Schelde in Dutch and Belgian history starting with the medieval period, for example Charles Terlinden’s study ‘The History of the Scheldt’, History 4 (1920) 185-197, 5 (1921) 1-10, which sparked immediately a reaction from a Dutch historian, F. de Bas, ‘Another version of the Scheldt history’, History 5 (1921) 159-170.

The rivalry between the Dutch North and the Flemish South has not been the only cause for conflicts. The Dutch neutrality during the First World War made matters even more acute. After the First World War the attempts at a new treaty about the Schelde and the proposals to build a canal between the Schelde and the Rhine-Meuse estuary failed in the end in 1927 after heated national debates. More than one hundred publications in the digital collection bear witness to this prolonged affair. Legal historians, too, looked at the Scheldt question. The digital collection contains two publications by Ernest Nys, ‘Les fleuves internationaux traversant plusieurs territoires : l’Escaut en droit des gens’, Revue de droit international et de législation comparée 5 (1903) 517-537 (1903), and L’Escaut en temps de guerre (Brussels 1910). In 1940 Eduard Maurits Meijers published his study ‘Des graven stroom’, Mededelingen van de Koninklijke Nederlandse Akademie der Wetenschappen, Afdeling Letterkunde, new series, 3/4, pp. 103-205, in which he traced the medieval claims and jurisdictions on the several branches of the Schelde. Meijers thoughtfully added transcriptions of the main documents he discussed. In 1953 Chris van der Klaauw, between 1977 and 1981 the Dutch minister of foreign affairs, defended his Ph.D. thesis in history about the interwar relations between the Netherlands and Belgium [Politieke betrekkingen tussen Nederland en België, 1919-1939 (Leiden 1953)].

Map of the Schelde estuary, 1784

The search function for this digital collection is rather restricted. There is only a free text search field. A bit more disturbing is the chronological order of presentation. At the very end of the chronological list you will find some publications with the year of publication marked 19XX and also those with the year of publication between parentheses. All digitized publications are only available as PDF’s. It would be very helpful to have a map of the Schelde estuary, or better, a series documenting not only the changing Dutch and Flemish frontiers, but also the changing shapes of the various isles of Zeeland, lands newly reclaimed and added as polders, and the changing river branches. Mirabeau already added a map to the first edition of his treatise in 1784. The second edition mentioned the presence of a map explicitly in the title. As a solace I offer here a screen print of the map in the digitized copy of the first edition. If you want to pursue a search for digitized old maps you might want to look about my contribution of last year about 200 years Dutch cartography and historical-geographic information systems.

Banner EHB

How wide is the coverage of this digital collection? I could not help thinking of visiting the website of i-Hilt, the center for the History of International Law at Tilburg University. In July 2016 the center launched a new version of its online bibliography, a PDF with nearly 400 pages. I had not expected to find just one publication referring directly to the Schelde, Alain Wijffels, ‘Flanders and the Scheldt Question. A Mirror of the Law of International Relations and its Actors’, Sartoniana 15 (2002) 213-280. It might look like a classic example of having a famous case almost at your doorstep – the distance from Tilburg to the Schelde is some fifty kilometers – and somehow almost overlooking it… Randall Lesaffer provides very useful basic reading lists for the history of international law, including historiography and methods. The links section of i-Hilt is also worth checking. I checked the Digitale Bibliografie voor de Nederlandse Geschiedenis, and alas I could find just thirty publications about the Schelde, and even less for studies dealing with the conflicts. One of the articles not to be missed is by Frits Doeleman, ‘Zeggenschap op de Honte’, Tijdschrift voor Rechtsgeschiedenis 43 (1975) 24-43. Its very title is a warning to look beyond the mere word Schelde! Cardholders of the Dutch Royal Library and users at subscribing institutions can use the bibliographical and iconographical database of the former NCRD, with for the Schelde nearly 70 items, most of them publications, but alas since some ten years not updated. Of course I looked also at the Belgian counterpart of the DBNG, the Bibliographie de l’Histoire de Belgique / Bibliografie van de Geschiedenis van België – BHB-BGB with its trilingual interface and more relevant results than in the DBNG. These bibliographies can be found at the portal European Historical Bibliographies. Returning to the question of this paragraph I think it is safe to conclude that the Peace Palace Library performs a real important service for scholars in presenting this digital collection.

I checked also for the presence of digitized books concerning the Schelde in Delpher, the digital library of the Dutch Royal Library, but I noticed only few of the books now available online thanks to the Peace Palace Library. At Delpher in particular the relevant works published around 1785 are present, and they can be viewed in more ways. The library catalogue of the Zeeuwse Bibliotheek contains only a few books dealing with the Schelde problems, and unfortunately I could not reach the website of this fine library in Middelburg. The Zeeuws Archief has in fact more relevant publications in its holdings. The archival collection concerning pilots on the Schelde is particularly interesting [Rijksloodswezen, 6e District, Monden van de Schelde, (1808) 1835-1950 (1966)].

In Belgium you should look in particular at the websites of the Felixarchief, the municipal archive of Antwerp, the Erfgoedbibliotheek Hendrik Conscience, and the Museum aan de Stroom, situated on a quay of the Schelde. These websites have multilingual interfaces. The Anet meta-catalogue enables you to search with one action in many libraries at Antwerpen, including the university library. The Flemish digital library Flandrica, too, contains some items documenting Flemish history around the Schelde river. The Short-Title Catalogue Vlaanderen (STCV) helps you tracing books printed in Flanders between 1500 and 1800.

After looking at this new digital collection I am aware much more can be said about the Dutch province Zeeland which indeed is a province of islands and sea. Floods took sometimes a great toll on the areas adjacent to the several branches of the Schelde. Whole polders have thus disappeared. Ironically there is a modern dispute about the last polder reclaimed from the Westerschelde, the Hedwigepolder. The history of international law is one of the many possible approaches to the history of a river which both connected and divided the Low Countries. The Schelde connects and divides even today in some respects.

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 law 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 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 conference@historyofpoliticalthought.net.

Bruegel’s bewitching legacy

Detail of a print by Pieter Bruegel the Elder - Amsterdam, Rijksmuseum

Pieter Bruegel the Elder, Saint James visiting the magician Hermogenes (detail) – Amsterdam, Rijksmuseum

Exhibitions sometimes make you hesitate to visit them at all. Will they only confirm what you already knew or suspected, or will they offer you food for thought and send you in new directions? Since September 19, 2015 you can see at the Museum Catharijneconvent in Utrecht, a museum for the history of Christian art in the Low Countries, an exhibition about images and the imagination of witches. Bruegel’s Witches focuses on drawings, prints and paintings by the great Flemish artist Pieter Bruegel the Elder (around 1525-1569). The exhibition credits Bruegel with creating in a few works the very stereotype of witches, looking as a woman with wild hairs and flying though the air on a broom. In is very best tradition the museum looks also at Bruegel’s contemporaries, shows earlier images of magicians and sorceresses, and it follows the impact of Bruegel’s imagination through the centuries. In 2016 the exhibition will be put on display at the Sint-Janshospitaal in Bruges.

This month Museum Catharijneconvent also shows the Utrecht Psalter (Utrecht, University Library, ms. 32), the most famous medieval manuscript in the holdings of Dutch libraries. This manuscript with vibrantly illuminated pages from the early ninth century is only rarely shown in public, and even scholars seldom are allowed to look at it. If you have your doubts about the Bruegel exhibit, you should come at least for the Utrecht Psalter.

Witches in context

At the Catharijneconvent, a former hospital and convent of the Knights Hospitaller, Christian art is always presented within the context of other expressions of Christian life and practice. In this exhibition, too, you will find objects from daily life and criminal justice, and also books. A particular resource used here are the so-called Wickiana, some 430 illustrated newsletters from the sixteenth century collected by the Swiss protestant vicar Johann Jacob Wick (1522-1580) who also wrote a chronicle about events in Zürich. The Zentralbibliothek in Zürich has digitized the Wickiana. This source is not only a form of communicating news, but it offers also a window to popular culture and protestant views of culture and life. The Wickiana shows the use of images and relate also to the perception of all kind of events and elements of culture at large. From the perspective of book history they belong to the category of pamphlets, or even more precisely to the Einblattdrücke. On my website for legal history I have created an overview of digitized pamphlet collections. Wick’s collection contains also many of his own coloured drawings.

The exhibition shows materials bearing directly on the way courts dealt with witches. There is for example a copy of Joost de Damhouder’s Praxis rerum criminalium (Antverpiae 1556). You can look at archival records from the castle Huis Bergh in ‘s-Heerenberg from 1605 about a trial against Mechteld ten Ham who was accused of sorcery (available online [Archief Huis Bergh, inv. no. 7268]). Interesting is also the so-called schandhuik, the “cover of shame”, from ‘s-Hertogenbosch, an object designed to parade infamous women. Among the books on display is also a treatise by the Jesuit Martin Antonio Delrio (1551-1608), Disquisitionum magicarum libri sex (Lovanio 1599), a book dealing both with the theological interpretation of witchcraft and with the role of judicial courts. Delrio was a humanist scholar, a nephew of Michel de Montaigne and a friend of Justus Lipsius. It prompted me to look at the number of books dealing with witchcraft and demonology signalled by the Universal Short Title Catalogue (USTC) in St. Andrews. The USTC gives you hundreds of titles, and you find of many works several editions. By the way, the book of De Damhouder appeared also in Dutch and French. The USTC is one of the portals indicating also access to digital versions of these works.

Firing the imagination

When you visit the exhibition at Utrecht, you can view the works of art, artefacts, books and pamphlets using a summary guide (Dutch or English), use an audio tour or dive into a fine classical exhibition catalogue. Walking through the rooms and corridors of this exhibition can thus be a rather normal contemporary museum experience, or you can choose a multimedia approach to submerge yourself into the dark world of Early Modern imagination. However strong images and imaginary worlds may be, they combined with the forces of churches and courts to create images of women. Even when they escaped from outright persecution women had to cope with very powerful unfavorable representations of their gender. Imagination, perspectives on gender and anxieties were part and parcel of the period which saw the growing impact of real and imagined magic and sorcery. The role of courts in dealing with witchcraft surely did not always do credit to law and justice.

This exhibition at Utrecht is visually attractive and seduces you to some extent to revel in the imagery of witchcraft, but there is a sober and more disconcerting reality behind which should not be lost out of view. Malcolm Gaskill’s volume Witchcraft. A Very Short Introduction (Oxford, etc., 2010) has been translated into Dutch in 2011 by Nynke Goinga [Hekserij, Een kort overzicht (Rotterdam 2011)]. I seldom condemn books or translations, but this translator succeeds in utterly missing the crux of the matters under discussion. Many translated sentences sound strange as if she did not understand at all the subject of this book. Alas witchcraft as a historical subject will remain open to the fascination of those people searching for sensation and esoteric phenomena. There is too much at stake around this subject to leave it to thrill seekers and freaks. However, such statements do not make it easier to face the challenges to deal with this complex subject, starting with the oceans of publications about witches and sorcerers. We need the powers of deep thinking and applying all of the (legal) historian’s crafts to do justice to this aspects of Early Modern history. If this exhibition convinces you at least of the value of this conclusion, your visit will be fruitful.

De heksen van Breugel / Bruegel’s Witches – Utrecht, Museum Catharijneconvent, September 19, 2015-January 31, 2016, and Bruges, Sint-Janshospitaal, February 25 to June 26, 2016

A postscript

Klaus Graf pointed in one of his latest 2015 posts at Archivalia at the online version [PDF, 200 MB] of the dissertation by Renilde Vervoort: “Vrouwen op den besem en derghelijck ghespoock.” Pieter Bruegel en de traditie van hekserijvoorstellingen in de Nederlanden tussen 1450 en 1700 [“Women on brooms and similar ghostly things”. Pieter Bruegel and the tradition of witchcraft iconography in the Low Countries between 1450 and 1700] (Nijmegen 2011).

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.

Creating convincing arguments in court

Banner image of two muses, Themis and ClioLately I was gently pressed to add a particular blog to my blogroll. I argued that it does not deal primarily with legal history, although it is in many respects a most valuable blog. Even after a second plea, accompanied with a nice variant on Ceterum censeo… I still stick with my argument, but in fact this blog had already been included in my blogroll…  On closer inspection of the links now present I also looked at the growing number of online journals in open access dealing with legal history. The latest issue of Clio@Themis [8 (2014)] deals with the history of legal argumentation, a theme which has had my interest since many years. I also spotted the announcement of an upcoming scholarly event in May on this subject. Nomôdos, the blog of Clio@Themis, is most useful in tracing new publications and announcements concerning legal history in France. Thus it is a source for my congress calendar, and of course it is listed in my blogroll. These two subjects give me enough materials for this post.

Arguments in courts

Clio@Themis is a French scientific journal with most of its articles in French, with abstracts in English added to them. The journal has a tradition of including as a bonus a French version of classic legal articles. Its latest issue called L’argumentation au cœur du processus judiciaire skips this feature. Seven articles deal with legal argumentation in court proceedings. Two other contributions are only loosely connected with the general subject of this issue.

Logo CHJ Université-Lille 2

Catherine Denys and Naoko Seriu introduce the theme of this number and elucidate briefly the subjects of the seven articles which originated at three days of scholarly encounters around this theme in 2012 at the Centre d’Histoire Judiciaire (Université Lille-2). They describe a shift from viewing legal argumentation solely as part of legal doctrine to an approach akin to the way philosophers, sociologists and linguists deal with speech acts. The history of the judiciary and legal practice is here the primary field of investigation. The use of arguments is seen here as a part of a strategy to get favorable results in court.

The focus of all articles is on three European countries during the Early Modern period, with the exception of two articles dealing with subjects from the nineteenth and twentieth centuries. In the first two articles the sixteenth century comes into light. Alain Wijffels discusses procedures claiming revisions of earlier trials at the Grand Conseil de Malines, the highest court of the Habsburgian Low Countries. The appeals for revision should be allowed in cases of factual errors (error facti) and in principle not for any legal error (error iuris), but in actual practice both kinds or error could be redeemed. The interesting thing is how lawyers at Malines argued about this state of affairs.

Marco Cavina deals in his contribution – in Italian – with the views of Carlo Ruini and Andrea Alciato concerning the different types of legal counseling in consilia. Alciato sketched a model with different approaches used by lawyers. Some went for subtle reasonings (subtilitates), others for the archetypical Renaissance – but essential medieval – abundance (copia) of allegations from Roman and canon law, and a third group imitated the brevitas of the classical Roman lawyers and their compact way of expressing opinions. Alciato frowned upon publishing consilia for several reasons, but his own contributions to this genre, too, were posthumously printed.

Isabelle Arnal-Corthier looks at materials sometimes presented to the Parlement de Toulouse in criminal appeal cases between 1670 and 1700. Instead of just a hearing of the accused for an appeal in criminal cases as punctuated in the royal ordinance of 1670 barristers often brought also a lettre de cassation to this court. The defense adduced in these cases mainly arguments about the competence of lower courts, insufficient evidence or irregularities during judicial procedures.

Yet another French court, the Parlement de Tournai and its third chamber in the late seventeenth century, figures in an article by Jacques Lorgnier who deals with cases concerning property rights and conflicts about the cost of church repairs. This foray into actual argumentation leads him to the hypothesis that the justiciables, the people going to court and their legal representatives, trusted the workings of rational arguments in the face of solid proofs within the framework of legal procedure.

Logo ADN

At this point I would like to mention the great resource created by legal historians at Lille for doing research into the history of the Parlement de Flandre. In the database ParleFlandre you can find more than 30,000 dossiers from the série 8B1 at the Archives Départementales du Nord (ADN) in Lille. Lorgnier uses cases from another series of dossiers at the ADN, the série 8B2. For the history of the Low Countries the archival collections at the ADN contain many important documents. At Fontes Historiae Iuris, the virtual portal at Lille to digitized resources concerning French legal history, is a section with further resources for the Parlement de Flandre.

Naoko Seriu looks at a scarcely known crime at the end of the Ancien Régime, the illegal sale of military goods by deserters, in particular uniforms. Records of trials survive in which individuals were charged with buying these illegal uniforms or the vendors themselves were charged with this crime. Seriu compares the verbal strategies used and the particular differences in approach to exculpate themselves. I could not help noticing that the examples of cases stem mainly from Brittany, in fact from just one modern département, Ille-et-Vilaine. A comparison with other regions might be useful. At the EHESS in Paris Seriu studied with Arlette Farge, a French historian who has devoted much attention to the way stories are told in historical sources, recently in Condamnés au XVIIIe siècle (Lormont 2013).

Forays into the twentieth century

Bruno Debaenst (Ghent) brings us from France to Belgium and much closer to the twentieth-first century. In his contribution (in English) he has studied trials concerning accidents during work in around Mons between 1870 and 1914. Using dangerous machinery, imperfectly prepared surroundings, shortcomings in labor organization, and workmanship not up to demands were among the arguments heard around these cases. In these years the Belgian code of civil law still was a virtually unchanged version of the French Code civil, with scarcely attention to actual circumstances in an industrial society. Debaenst describes also the use of reports by experts, criminal investigations and testimonies. In the face of inadequate means to deal conclusively with liability defendants had much opportunity to evade responsibility for what happened in their firms, thus reaffirming the gap between workers and patrons.

In the last article of this special Frédéric Chavaud brings us to familiar scenes from modern crime series on television. He looks at the use of emotions between 1880 and 1940 as arguments at the Cour des Assises, the highest criminal court in French departments. Tears, laughter and fear were not only used by barristers and defendants, but also by others in court. Studying the history of emotions is not without its pitfalls, and Chavaud rightfully points to some pivotal studies. He uses mainly contemporary public reports about trials, and not the actual dossiers of the cases. These reports do convey a vivid image or proceedings, but one can suspect that their authors also follow well-known tracks to please the expectations of their readers. Of course it is exactly important to notice such bias and detect changes in them. Emotions can and could break rational arguments and reasonings, specially when directed at juries. Chavaud clearly focuses on the contemporary perception of emotions, and he rightly mentions studies about emotions in court published between 1920 and 1940.

The range in time of this special is pleasing, from the sixteenth to the twentieth century, and we read about both civil and criminal law. The geographic focus, however, is on France, even when admittedly you get a most varied view of French legal history. Luckily the Low Countries, Belgium and Italy add a European dimension. Lorgnier is the only author to mention the use of topical argumentation. I am afraid it is not quite possible to expand here very much on any of the articles presented here. You can always wish for more, and therefore I invite you now to the second section of this post about a congress where you might pursue this aim very soon.

Studying legal controversies

Banner Rennes 2015

La controverse. Études de l’histoire d’argumentation juridique [Controversy. Studies on the history of legal argumentation] is the title of the coming Journées internationales, the yearly congress organized by the Société d’Histoire du Droit. This year’s congress will be held at Rennes from May 28 to 31, 2015 with the Centre d’Histoire du Droit of the Université de Rennes-1 acting as its hosts. You might want to have a good look at the generous links section of their website and at its own digital library. Rennes is the capital of the département Ille-et-Vilaine mentioned above, and participants might want to visit the Archives départementales. The call for papers is still active. Proposals should be sent before March 10, 2015, and this is the closing date, too, for registration (mail: shd.rennes@gmail.com). Rennes is well worth visiting, in particular for the building of the old Parlement de Bretagne. Saint-Malo and the Mont-Saint-Michel are not far away.

Young scholars, too, get a chance at Rennes. There will be a atélier doctoral organized in cooperation with the Association française des jeunes historiens du droit, a society of young legal historians founded in 2013. You can send your proposals until March 30, 2015 (mail: assofjhd@gmail.com).

The congress wants to approach controversies both as a phenomenon within the territories of law, be it the judiciary, legislation or doctrine, and as historical cases of conflicts about a plethora of possible subjects. What was the impact of certain schools of thought? Which impact had other disciplines on legal theory and practice? It is perhaps necessary to keep in thought that the international dimension of the Journées was and is traditional that of the French-speaking world at large, the francophonie. The blog like website at Rennes nicely mentions the exceptional use of English for any communication. In a region with many British and Dutch visitors one might expect the start of a change to that tradition.

This post with a French flavor should also remind readers from the Anglophone world that those speaking and writing English are not the only possible center of the world of science. It can be truly useful and illuminating to know about different approaches in other countries, to practice them yourself or to use your approach on foreign ground in order to see how universal it really is. Anyway, I have tried to convey something of my joy in discovering this special of an online legal history journal, and I might well do this here again. In my blogroll or for example at Nomôdos or the blog of the European Society for Comparative Legal History you can choose from many online journals in the fields of legal history.

Defending Belgium’s cultural heritage

Logo State Archives BelgiumLast week many media published the news about a drastic cut in the budgets of major cultural institutions in Belgium. In particular federal institutions such as the Bibliothèque Royale Albert I in Brussels and the Archives de l’État en Belgique, also in Brussels, face next year a loss of 20 percent of their yearly budget. I use here the French name of both institutions, but in particular on the website of the Belgian National archives you can immediately gauge the multilingual character of Belgian society. Belgium can be roughly divided in three parts, Flanders, Wallonie and the central region in and around Brussels, Belgium’s capital. The German-speaking minority in the region along the German border has in principle the same rights as the Flemish and Wallon communities.

An online petition has been launched to give the protest against these plans a loud and clear voice, and I cordially invite you to share your concern about these proposals by signing this petition. You can read the content of this petition in four languages, Dutch, French, English and German. In this post I would like to offer a quick overview of some important digital projects in Belgium which help presenting Belgium’s cultural heritage. Some of these projects offer access to resources which are also important for the research of legal historians and for research projects concerning the rich history of law and justice in Belgium.

Digitization and the safeguarding of cultural heritage

Logo KBRWhen you look at the digital projects of the Royal Library and the Belgian National Archives it can seem at a first look Belgium’s national library has more to offer online than its counterpart in the world of archives. Just now there is very appropriately an exhibition about the First World War. However, in order to find the projects in the digital domain you will have to browse through various sections of the library’s website. A number of projects can be found under the heading Activités, but the digital library Belgica is tucked away among the catalogues. The variety of its contents, with apart from books and manuscripts also coins and medals, engravings, maps, newspapers and music scores, is such that it clearly merits a place of its own on the library’s website that shows a design which has changed little over the years. A number of manuscripts has been digitized for the project Europeana Regia. On my blog I have written twice about the presence of legal manuscripts in this project. Among the manuscripts is for example an illuminated French version of the Liber novum iudicum written in the second half of the fourteenth century (KBR, ms. 10319). You can search directly for digitized books in a special subcatalogue; a search for books concerning law (droit) brings you already some 160 books, and more can be found. The first look of rich digital repositories is somewhat dimmed by the fact that the actual number of digitized items is fairly restricted.

Logo FlandricaThe KBR does cooperate in many international projects: for example, the digital version of the Gazette de Leyden has been created in cooperation with the Belgian national library. On the national level the KBR supports the Flemish digital library Flandrica. This website with digitized books and manuscripts from six libraries working together in the Vlaamse Erfgoedbibliotheek [Flemish Heritage Library]  is strictly in Dutch. For items touching upon law and justice you have to choose the theme Recht en politiek [Law and politics] which brings you to thirty digitized printed books and manuscripts. The number of items with a legal context in Flandrica is quite small but they cover a wide range of subjects and periods, from a canon law manuscript to the procedure at law in the county of Looz, and from medieval times to the early twentieth century. As for editions of books printed in Flanders between 1500 and 1800 you can search for them online with the Short Title Catalogue Vlaanderen. Digitized literature in Flemish can be consulted online in the Digitale Bibliotheek voor de Nederlandse Letteren (DBNL), where you will find also literature in Frisian and Afrikaans.

Until recent the Belgian National Archives looked to outsiders as a very much centralized and not very active organization, but the first impression is not completely justified. The year 2010 saw the launch of a virtual exhibition about the dark sides of Belgian colonial history in Congo, Archives I presume? Traces of a colonial past in the State Archives. This year they launched a virtual exhibition concerning the First World War in Wallonie, Archives 14-18 en Wallonie. The website in four languages is being overhauled, and some parts are not yet available in English, in fact the overview of online databases did not exist at all at the time of writing. The search in archival inventories is an example. Here you can search both in scanned inventories and in digitized finding aids. Among the digitized inventories is for example the finding aid created by Jan Buntinx to the archival records of the Raad van Vlaanderen, the high court of Flanders [Inventaris van het archief van de Raad van Vlaanderen (Rijksarchief te Gent) (9 vol., Brussels 1964-1979)]. Recently the National Archives digitized the cabinet minutes created between 1917 and 1979; you can access these documents both in Dutch and French. The Recueil des Circulaires, official letters sent by the Ministry of Justice, have been digitized, too, as are a yearbook, the Annuaire statistique de la Belgique (et du Congo Belge) (1870-1995), and two juridical journals, the Revue Belge de la police administrative et judiciaire and La Belgique judiciaire.

Logo CegesomaA third institution threatened by the budgetary cuts is the Cegesoma, Centre for Historical Research and Documentation on War and Contemporary Society. Precisely the attention of the research centre for periods in recent Belgian history with some very black pages and political reverberations until the very present has made it already earlier a target of Belgian politicians.

Characteristically Cegesoma is among the first institutions to react in public to the announcement of the new Belgian cabinet. The institute argues that the proposed cuts will harm most drastically the work accomplished during decades and future activities as well. Cegesoma holds archival and audiovisual collections and a research library. You can search online for digitized materials, such as photographs, sound recordings, tracts, posters, archival records, diaries and manuscripts. One of the archives coming from the Ministry of Justice now in the holdings of Cegesoma deals with the Rijkswacht, the Belgian national police, between 1931 and 1947. One of the largest and most visible online projects of Cegesoma is The Belgian War Press which offers online access to numerous newspapers published during the First and Second World War, both by the official censored press and the clandestine press. The website of the Cegesoma has a very well-stocked choice of links to other research institutions and a fine selection of websites concerning the First World War.

Logo Justice & PopulationsLegal history comes particularly into focus at Justice & Populations, a project with Cegesoma among the fourteen participating institutions. This project focuses on the long-term relations and impact of the Belgian judiciary in its widest sense and Belgian society in an international context from 1795 onwards until the present. it is unclear in which way this project will be affected by the new plans, but surely any change in the role of Cegesoma will have side-effects here, too. By the way, another Belgian project, Just-His, is very important for Justice & Populations.At Just-His you will find actually three databases, one on Belgian judicial magistrates between 1795 and 1950, a research repository and Belgian criminal statistics (only accessible after registration).

Among the institutions governed by the national government is also the Commission Royale pour la Publication des Anciennes Lois, founded in 1846. This committee is responsible for many important editions of sources concerning the legal history of Belgium from the Middle Ages onwards, ranging from ordinances, charters and customary law to legal treatises and collections of verdicts. On its website you can find an overview of the publications and projects. The issues of the Bulletin des anciennes lois et ordonnances de Belgique published between 1909 and 1999 are available online (PDF’s). Let’s hope the projects coordinated and often done by members of the committee themselves will not be harmed by any of the proposed measures.

A wider threat

Logo KVAB

Apart from archives and libraries museums, too, are included in the budgetary threats, but before looking at some museums I will look briefly at a higher level. The Koninklijke Vlaamse Academie van België voor Kunsten en Wetenschappen (KVAB) [Royal Flemish Academy of Belgium for Arts and Sciences] published in 2013 reports on the reform of the Belgian judiciary [De gerechtelijke hervorming: een globale visie (“The judicial reform, a global vision”)] and the role and significance of archives in Belgian society [Archieven, de politiek en de burger (“Archives, politics and the citizen”)]. One of the standing commissions of the KVAB has legal history as its core business, with projects such as the bibliography of current research on Belgian legal history and the critical edition of the works of Philips Wielant. The KVAB provides on its website a searchable version of the Nationaal Biografisch Woordenboek [National Biographical Dictionary], a useful tool for legal historians, too.

Among the targets of the cuts proposed by the Belgian government are a number of famous museums, for example the Royal Museum for Fine Artsthe Royal Museums for Art and History, and the Royal Museum of the Armed Forces and Military History, all in Brussels. Another royal museum, the Royal Museum for Middle-Africa in Tervuren, closed in 2013 for renovation. Its buildings and outlook had not changed substantially since its start in 1910 after a temporary exposition about Belgian colonial activities in 1897 instigated by king Leopold II. The museum had become an icon of Belgian colonialism, and later an outright offensive institution. A part of the ethnographic collections of the KMMA can be consulted online, including the Stanley collection. Hopefully the drastic renovation can be completed, but anyway it seems wise not to reckon absolutely with the projected reopening in 2017.

What will happen exactly with all these institutions is not yet clear. It is necessary to look at both their physical and virtual existence. Federal support could be withdrawn or become less substantial in many ways. Flanders and Wallonie can boast cultural institutions with rich collections. The portal Numériques – BE: Images et histoires des patrimoines numérisés can bring you quickly to a selection of images from some thirty cultural institutions in Wallonie. Belgian Art Links and Tools is a portal guiding you to some 600,000 images concerning art in Belgium, and to several repertories. This portal has been created by the Royal Institute for Cultural Heritage, yet another threatened institution.

The Flemish heritage portal FARO – accessible in Dutch, French and English – is in my opinion a good starting point for finding out more about the different forms of cultural heritage in Flanders and news about them, be they digital, immaterial or very material. If you think digital collections will more easily survive, the actual absence of several links pages at FARO is a healthy reminder of the fragility of virtual existence and preservation. It is quite a feat to maintain a multilingual website, and thus it is a bit too easy to grumble about such problems! Luckily the page with links to several Flemish portal sites can be viewed, with due attention for initiatives in Wallonie, and there is also a general links selection in English. Among recent news items at FARO I saw an announcement about a masterclass on Food in Prison, held at Brussels on October, 16, 2014.

As for me I am genuinely surprised to learn much more about all these projects than i knew before. It serves me as a reminder that we Dutch are not always completely aware of what happens in Belgium, a sorry situation. Here I have tried to honour Belgium by creating in this post also a kind of nutshell guide to digital projects in the field of cultural heritage and legal history. Let’s support Belgian scholars and cultural institutions in their struggle to change the plans scheduled for the coming years, and help them finding the spiritual power and financial means to maintain existing activities and to work on new initiatives. These things will enrich Belgium and us more than any financial contribution can do, however welcome of course any support in hard money is.