Tag Archives: Common law

Legal history at the World LII

Logo WorldLIINearly five years ago I announced here the aim of spanning in my blog centuries, cultures and continents. I quickly discovered some of the implications of this statement. Not only did I take up the challenge of dealing with aspects of legal history in many periods, regions and cultures, but in many posts I have also pointed to projects and initiatives that succeed in fulfilling this aim to considerable extent. In this post I will look at a project that does not only deal with contemporary law on a vast scale, but also with legal history worldwide.

The World Legal Information Institute (World LII) is not a single monolithic organization, but more a consortium of several participating institutions. Some branches of the World LII are relatively well-known, others merit to get more in the spotlights. Here I will look at some examples of resources most valuable for research in the field of legal history. Even if there are clear gaps, lacunae and omissions in the presentation of these resources at the portal site of the WorldLII or at the website of a particular supporting institution, they deserve al least some attention.

Serving lawyers and historians all around the world

With at present some 1250 databases for more than 120 jurisdictions, and fourteen supporting institutions and branches the World LII is a truly multinational organization. The World LII is a member of the Free Access to Law Movement (FALM), as are most of its partner institutions. One of the earliest institutions launching a website with free legal information is the Legal Information Institute at Cornell University, founded in 1992. Initiatives such as the Global Legal Information Network (GLIN), currently in the midst of updating and supported by the Library of Congress, and Globalex (New York University), too, belong to this movement, but they have scarcely created any space for legal history. GLIN does support the World LII.

Generally the guides at GLIN and Globalex succeed certainly in providing adequate basic information about contemporary law. The guide to Scots law and Scottish legal history by Jasmin Morais and the guide to Cambodian history, governance and legal sources by Jennifer Holligan and Tarik Abdulhak at Globalex are notable and fine exceptions. Yemisi Dina’s guide at Globalex for Caribbean law does at least realize the historical background of the region she describes. Hopefully legal historians are also increasingly familiar with research readily accessible at the portal of another member of FALM, the Social Science Research Network / Legal Scholarship Network (SSRN/LSN).

Logo AustLIIThe institutions working together under the aegis of the World LII stand out for their massive presentation of and free access to legal resources, be they constitutions, laws, statutes, case law or law reports. The World LII also provides you with a nice selection of websites of materials pertaining to legal history. This page leads you also to one of the major selections of resources for legal history at the Word LII, that for Australia, which is not completely surprising, because the Australasian Legal Information Institute is at the very heart of the World LII. The University of Technology Sydney (UTS) and the University of New South Wales (UNSW) provide staff and technological support behing the AustLII and World LII. By the way, UTS has an interesting Anti-Slavery portal with an online course about the continuing struggle against slavery, forced labour and trafficking, and a section with contemporary Australian case law.

Connecting contemporary law and legal history

Let’s look a bit deeper into World LII. For this objective I would like to look at the Torres Strait Islands. These islands are situated in the Torres Strait between Australia and Papua New Guinea. if you search for the Torres Straits at World LII you get some 22,000 results. When you look at the databases providing materials for these results you will immediately notice that you cannot confine yourself to resources about Australia, from the Commonwealth or even from the Australian state of Queensland directly adjacent to the Torres Strait. The example of the Torres Straits can easily be multiplied. The western part of New Guinea was between 1945 and 1962 governed by the Dutch. Before the Second World War this part was at least within the sphere of Dutch influence in the Indonesian archipelago.

Apart from resources from Australia, Asia, the Americas, Africa and Europe the World LII does even include materials concerning the polar regions. You can approach historical resources at World LII by country. At the moment of writing seventeen countries are listed. I would single out the database with colonial cases for China and Japan, a resource developed at the Macquarie Law School, Sydney, even if this is the sole historical resource included at the World LII portal for both countries. The series of cases starts around 1850. Anyway, you can find more links to colonial cases at this webpage of the Macquarie Law School. The set of colonial cases of Constantinople for Turkey at the World LII, too, stems from a project at this law school. These cases from the Supreme Consular Court date between the 1850’s and 1930.

However, the World LII portal brings you more history than included at its history page, although its selection of historical databases for New Zealand is impressive. In particular for historical cases it is possible to find much more, but alas this can be a hit and miss affair. At this point the fourteen branches can be most helpful. Among the fourteen institutions is for instance the LawPhil project for the Philippines. in its section on jurisprudence you can start in the year 1901.

In the vast fields of the common law it is good to know that behind World LII are both the British and Irish LII and the Commonwealth LII. In fact you are bound to use materials at both these portals when dealing with legal history concerning the United Kingdom and countries included within the British Commonwealth. It is again Scotland which provides historical materials, Scottish Court of Session decisions since 1879, and decisions of the High Court of Justiciary since 1914.

The Asian LII leads us for example for Japan to laws since 1896, but the series starts really in 1947. For legal information about the many islands groups of Oceania which have become independent countries, often with the British Commonwealth, the Pacific LII is often the only available starting point, and even the only easily accessible resource center. The often very young legal history of these countries is amply documented by the databases of the Pacific LII. Some islands are severely threatened by rising sea levels, and it is important for them to start working quickly to preserve their legal heritage. In my recent post about the Endangered Archives Projects of the British Library you can read about one of these projects. It is true that it can take some effort to find historical materials, but even so often your efforts will be rewarded as more resources become available.

The pages of the World LII pointing to other legal history resources contained for me at least one pleasant surprises. At the portal of The Napoleon Series you will find not just resources about France and the period around 1800. At a page about government and politics the links range is truly worldwide, featuring both articles and databases from the Balkan to Cambodia. Although you find at that page mostly articles, and even short articles, they certainly help to provoke your own thoughts and questions.

Two directions in legal history

It is easy to moan about or criticize the lack or absence of particular historical materials within the databases of the World LII. Similar initiatives such as GLIN, Globalex, LLRX and Justia, to mention just a few of them, all lack the indispensable databases – or links to them – of the World LII. In fact the organization behind World LII encourages scholars to suggest new resources. Anyway the initiative of the World LII does not completely leave legal history out in the dark. You might even defend the position that it does help creating curiosity about the history of jurisprudence, law and legal institutions by its very scale and offering a number of resources which might be most useful for your research. Its approach definitely starts in the presence. Any research happens in the present, even if scholars devote them solely to history. The World LII helps us not to confine legal historians exclusively to periods already centuries ago. It might be wiser to acknowledge the fact that the present is our starting point, and not to imagine we can look at history from a distant and impartial imaginary point of view, with as its ultimate illusory goal the creation of definitive history.

A second important feature of the World LII and similar institutions is the free online access to materials offered thanks to their efforts. Many online legal materials can only be consulted at subscribing institutions, and they make this possible at sometimes very substantial costs. Historical materials, too, are often only readily available online thanks to commercial initiatives.

Speaking for myself, I would surely enlist the services of the World LII and its partner institutions whenever possible, feasible and wise, because I am convinced one person living in one country, somewhat familiar with the history of one country, region or continent can only see a part of the whole. Nowadays it is a cliché to say that getting to know the unfamiliar is the exclusive way towards truly understanding yourself and your own context, but this comparative starting point does contain more than a bit of truth. Posts at a blog such as this one contain grains of truth, and you are cordially invited to view them as just a stepping stone for more. I hope to return here soon with another post delving deeper into the theme of the scope of historical research for our century.

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Legal texts in digitized manuscripts at the British Library

Logo British Library - image http://pressandpolicy.bl.uk/Last week I spotted somewhere on the web an announcement about the digitization of a particularly lavishly illuminated medieval manuscript with a legal text, the Decretales Gregorii IX, the major collection of papal decretals issued in 1234 by command of pope Gregory IX. The manuscript from the fourteenth century which prompted me to write this post is commonly called the Smithfield Decretals (Royal 10 E IV). At the British Library in London the digitization of manuscripts is a project on a vast scale, first of all in view of its rich and manifold collections concerning many themes, periods and countries. A blog dedicated to news on digitized medieval manuscripts at the BL helps you to stay informed about the progress of digitization for manuscripts from a particular period. The BL even advertises a smart phone application for the Royal manuscripts, but this app will no longer be supported.

In this post I will look at legal manuscripts digitized by the British Library. Even if the absolute number of relevant manuscripts is really small, an overview of them might be useful. The variety of periods and legal systems merits attention. To redress the balance I will take into account here also illuminated manuscripts with legal texts for which the BL has digitized at least a number of pages or illustrations. A comparison of the search functions of both catalogues is included, too. At the end of this post it might perhaps be possible to conclude which legal text could be scheduled as a new addition to the eBook Treasures of the British Library.

Searching for digitized legal texts at the BL

Some people will like to know as quickly as possible about the things that make a search interface more effectively or hamper its working. For once I agree in starting with a negative remark: the detailed view with the description – and most often a detailed bibliography – of a digitized manuscript at the BL seemed at first to lack a permanent web address. When you save the URL of this view – without noticing the tiny notice “Show link URL” – and you try to reopen it in a new tab or window you cannot access it anymore. A redirection notice appears, and you have to enter your search again. Thus the link I provided in the first paragraph to the Smithfield Decretals is not the link to the detailed view, but to the first page of the digitized manuscript Royal 10 E IV itself. I will give below the correct links to the full descriptions. In the manuscript view you will find a summary of the content placed at the top of the screen. You can search for manuscripts either using a quick search with two fields, keywords and manuscript numbers, or using the advanced search interface with search fields for keywords, manuscript number, title, author/scribe, provenance and acquisition, and bibliography.

A long search for digitized manuscripts with legal texts yielded as a result a rather short list with only some twenty manuscripts. For each manuscript I give the call number, a summary view of the contents, its date and a link to the full description:

The papyrus with the complete text of the Athenian Constitution is the subject of a recent post at the BL’s manuscripts blog. What strikes me most while searching for these manuscripts is the lack of concise categories added to the description of a manuscript. Of course I realize the difficulty in adding systematic descriptors when dealing with composite manuscripts and convolutes. The sheer number of manuscripts in the British Library has as one of its consequences that some manuscript descriptions can be rather outdated, but newer descriptions are often very detailed.

Some legal texts surfaced really by chance. I looked for the exchequer when I found Harley 1498, an agreement concerning the royal burial chapel at Westminster. This indenture is not a chirograph, a charter split into two or more parts, but a book with indentures. A second part of it is kept at the National Archives, E 33/1. The coronation book of the French king Charles V (Cotton Tiberius B VIII) can serve as a reminder that a coronation is a ritual with legal elements in it. The texts of French coronation ordines have been edited anew by Richard A. Jackson (ed.) , Ordines Coronationis Franciae: Texts and Ordines for the Coronation of Frankish and French Kings and Queens in the Middle Ages (2 vols., Philadelphia, 2001).

After repeated searches with a substantial number of very different search terms with a clear meaning for legal history I still have not found more than this tiny sample from the immensely varied and large manuscript collections of the British Library. I hesitate to include here a fragment of farming memoranda of Ely Abbey from the first quarter of the eleventh century (Add. 61735). The New Minster Liber Vitae from Winchester (Stowe 944) does contain the text of some charters and the will of King Ælfred, but these legal texts are not the core of this manuscript.

For some manuscripts guidance can be found online in repertories, and sometimes even at a specialised blog. Greek manuscripts clearly get special attention in London. The Zonaras blog for the history of Eastern Christian canon law is a very useful guide to this field, and I am happy to point to it for more information about authors such as John Zonaras and Theodoros Balsamon. Manuscripts with text concerning Byzantine law are the subject of two German repertories which are available online at the Max-Planck-Institut für europäische Rechtsgeschichte in Frankfurt am Main. You can download PDF’s of both the Repertorium der Handschriften des byzantinischen Rechts, Teil I: Die Handschriften des weltlichen Rechts (Nr. 1-327), Ludwig Burgmann, Marie-Theres Fögen, Andreas Schminck and Dieter Simon (eds.) (Frankfurt am Main, 1995), and the Repertorium der Handschriften des byzantinischen Rechts, Teil II: Die Handschriften des kirchlichen Rechts I (Nr. 328-427), Andreas Schminck and Dorotei Getov (eds.) (Frankfurt am Main 2011). Both books were published in the series Forschungen zum Byzantinischen Rechts; more PDF’s of some publications in this series can be found at a special subdomain of the website of the Frankfurt institute. English legal manuscripts are being catalogued by the untiring efforts of Sir John Hamilton Baker. He did this also for the Taussig collection with many English manuscripts now at the Lillian Goldman Law Library of Yale University [John H. Baker and Anthony Taussig (eds.), A catalogue of the legal manuscripts of Anthony Taussig (London 2007)].

Light on illuminated legal manuscripts

The Catalogue of Illuminated Manuscripts at the British Library does quickly dispel any misgiving about the percentage of legal texts among the various manuscript collections. Let’s not overdo things here, and first go to the origin of this post, manuscripts with decretals or commentaries on papal decretals. Here, too, you can choose between a quick general search and an advanced search mode.

Prisoner seeking sanctuary, bas-de-page scene from the Smithfield Decretals

Prisoner seeking sanctuary – Smithfield Decretals, British Library, ms. Royal 10 E IV, fol. 206 verso – image British Library

A search for illuminated manuscripts with decretals yields 35 records. For each manuscript you can go to a page with thumbnail images and summary descriptions of the illuminations. Often you will find more detailed images, too. Thus choosing a scene using this overview from the bas-de-page illustrations of the Smithfield Decretals is even easier than using the complete digital version of this manuscript. The illustrations in the lower margins present often consecutive scenes and tales. In August 2012 Alixe Bovey (University of Kent) contributed a very interesting post on the decorations of this manuscript to the BL’s manuscripts blog, ‘Finishing the Smithfield Decretals’. Some books have only penwork flourishes at the beginning of chapters. Among these illuminated manuscripts with decretals I would like to single out Harley 2349, a manuscript written between 1340 and 1450 with papal decretals and statutes of England. The manuscript Royal 10 C IV with the Abbreviatio Decreti Gratiani by Omnibonus, written between 1198 and 1202 has penwork initials and some additional drawings in the margins. Omnibonus’s name made me remember the Omne Bonum, the illustrated encyclopedia by James le Palmer, a clerk of the Exchequer (four volumes, Royal 6 E VI and 6 E VII, written around 1360-1375).

A lawyer addressing an assembly

A lawyer addressing an assembly – British Library, ms. Harley 947, fol. 107r – image British Library (size reduced)

As for other legal texts in illuminated manuscripts you will have to pick your choice from a wide variety of manuscripts, from books with only one decorated initial to manuscripts with lavish almost full-page illustrations in historiated initials. Let one example suffice, the Statuta Angliae. This text and other statutes can be found in nearly sixty illuminated manuscripts. Hargrave 274 (written around 1488) contains the Nova Statuta and is probably the most elaborately illustrated example. Harley 947 (first half fourteenth century) with both the Statuta Angliae and the text of the Magna Carta deserves mentioning for its picture of a lawyer speaking to an assembly.

The Catalogue of Illuminated Manuscripts is truly a treasure trove, even if the manuscripts of the Cotton collection have not yet been included. When searching for an image with some relevance for legal history you find yourself here with a mer à boire. Legal iconography will not come back empty-handed from searches at this website or in the Online Gallery of the British Library. It is surely possible to include the BL in a comparison of online image resources of major research libraries, something that might be really interesting. In particular the use of taxonomies such as Iconclass might come into view when comparing different databases. A comparison with a portal such as Manuscripts Online: Written Culture from 1000 to 1500 would be equally valuable. In this post, however, I wanted to give due attention to the world’s second largest library and its manuscript holdings. I invite you to use its resources for yourself and to choose a manuscript that deserves digitization, or even inclusion among the showcases. The British Library has much more to offer, and I am sure this library will be present again in future posts.

A postscript

A very substantial number of digitized manuscripts with legal texts held in the British Library is accessible online thanks to the recent edition project Early English Laws which aims at creating new editions of English laws issued before 1215. Among the 81 manuscripts selected within this project nearly forty are at the British Library. However, here only these pages are shown which contain relevant legal texts. Hopefully it will be possible to include them in their entirety as a part of the BL’s Digitized Manuscripts program.