Tag Archives: Criminal law

Some notes on the history of tolerance

Tolerance and intolerance are themes at the center of many contemporary debates, and their prominence has become stronger after the tragic events in France on January 7 and 8, 2015. On Internet these events have sparkled many reactions. Whatever my views and opinions, for me one of the questions arising is also how these events should influence the stream of postings on this blog. Can one use historical situations to shed light on our times, or Is it sensible to stay somewhat aloof? Perhaps it is wiser to remember that to step aside is taking a side, too.

When somehow among all remarks and exchanges about the situation in France the name of Voltaire came into view it provided me with at least one element of a contribution about the origins of tolerance. Eighteenth-century France is the setting of this post. The history of tolerance is complicated, and the number of themes, persons and subjects here does reflect it. Philosophy, criminal law, legal advice, legislation, the world of literature and debate, and also images, should all appear here for good reasons, but for the sake of length legal matters will be at the center of this post, and other themes appear more at the margin. In fact it turns out to be really interesting to choose for this focus. To some extent you can read this post also as part of a guide to digital resources for the history of France during the Ancien Régime and the French Revolution.

Although I do not want to make you suffer by reading a rather too long post I bring here on purpose several themes together which in my opinion are best seen in connection to each other. In my view the interplay between a multitude of subjects, themes and resources concerning the French Ancien Régime and the French Revolution is fairly typical when you want to study these subjects. You can read this post also as a sequel to my post ‘Laws and the French Revolution’ (January 2015).

Circles and layers around law and tolerance

Title page Traité sur la tolérance, 1763 - source: Wikimedia CommonsThe first focal point for tolerance in France during the Ancien Régime in the current discussion seems to be Voltaire’s Traité de la tolérance (1763). One can read this treatise as a plea for tolerance, both on a philosophical and a practical level, and the background of this text can seem a mere pretext or occasion for expressing these views. John Locke had put tolerance center stage to thoughts about the best possible way of government in his treatise A Letter Concerning Toleration (1689 – online for example at Early Modern Texts and the Constitution Society), but Voltaire is not just reacting in a philosophical debate without any connection to contemporary developments. Locke wrote his treatise one year after the Glorious Revolution (1688), and this, too, should make you hesitate to see the history of political thought as a history of ideas which can be studied in separation from contemporary surroundings.

Voltaire might not have qualified professionally as a philosopher, but he certainly belonged to the circle of French philosophes. It is important to note Locke expressed his views in a letter, and Voltaire in a book-length treatise, an interesting fact for a prolific letter writer and playwright. The literary dimensions of Voltaire’s work are really important in gauging the impact and importance of his views and thoughts. Of course it is wise to look beyond just one text of a writer, and exactly how you can realize this nowadays will be one of the issues in this post. Voltaire wrote texts in a number of literary genres, and he had wide contacts all over Europe, a fact returning later in this post. A characteristic of his work is the use of irony, and even more, the possibility to read his texts in several ways, both at face value or with a potential for irony immediately below the surface. This ambiguity makes it harder but also more interesting to gain perspective on his views and coded messages.

The machinery of law

The initial impulse for Voltaire’s treatise on tolerance came from his reaction to the case of Jean Calas, a merchant from Toulouse who had been sentenced to death in 1762 by the Parlement de Toulouse for allegedly killing his son Marc-Antoine, presumably because his son wanted to convert to the Catholic church. Calas was subjected to torture and broken upon the wheel. If we remember this case today as a cause célèbre it is to a large extent thanks to Voltaire’s efforts. In an article from 1994, ‘Procès, affaire, cause: Voltaire et l ‘innovation critique’,1 Élisabeth Claverie analyzes the way Voltaire set out to make an affair out of this case, and indeed created the model for fueling public indignation about cases which seem to run contrary to the public good.

Assembling materials to expose alleged and real abuses of the Catholic Church and its influence on French society might seem an obvious thing for Voltaire, but he did look seriously enough at the exact dealings of the judiciary in the Calas case. His treatise was only a final phase in a series of letters and preparatory texts, some of them meant for public use, some definitely not. Voltaire used his connections to bring the case to the attention of the French king, including getting Calas’ widow to Paris to plead in person her case before the king. Whatever Voltaire’s views of harmful Catholic influence, he aimed foremost at an official rehabilitation of Calas. An online dossier by Anne Thouzet gives you detailed information about the trial at Toulouse, the infringements to the ordinance of the Parlement de Toulouse and royal ordinances about criminal procedure – in particular the Ordonnance criminelle of 1670 – and to various other documents and images. Thouzet also points to a number of relevant web links. The Archives départementales de la Haute-Garonne in Toulouse have created a PDF with transcriptions of some documents, ‘Calas, du procès à l’affaire’.

tolosana-banniere

By chance I remembered that you can find several digitized documents about the Calas case at Tolosana, a digital library of the Université de Toulouse. On closer inspection Tolosana does bring us not only documents touching this case, but a very interesting selection of materials concerning law at Toulouse during the Ancien Régime, with customary law, arrêts (verdicts) of the Parlement de Toulouse, documents about municipal institutions and other jurisdictions, documents about lawyers and law teaching at the university of Toulouse, and a separate section on trials (procès toulousains). Let’s not forget to mention here also the Bibliotheca Tholosana, a collaborative project, and Rosalis, the digital library of the Bibliothèque de Toulouse. In Rosalis you can find one of the most famous manuscripts for the history of the inquisition in Languedoc, discussed here in earlier postings.

The section of Tolosana for trials at Toulouse contains a distinctive number of mémoires judiciaires, also known as factums. In a factum cases were discussed for the general public and with a view also to the judges dealing with a particular case. A blog post by Léo Mabmacien about these factums leads you in particular to a selection of documents in a virtual exhibition created at Clermont-Ferrand, Les factums, justice des villes et des champs : le mémoire judiciaire du 17e au 19e siècle [The factums, justice in cities and fields. Judicial “memoires” from the seventeenth to the nineteenth century]. At the Bibliothèque nationale de France is the largest collection of existing factums, and in his very interesting postMabmacien discusses these resources at Paris, too. The collection at Tolosana is at present the largest online collection of factums. Among the digitized documents for the Calas case is a number of mémoires judiciaires. Voltaire’s book-length treatise on tolerance is also included (PDF). In particular the mémoires published after 1762 are very valuable as sources for public and learned opinions about the case and efforts to annul the trial. At Bienvenue chez Monsieur de Voltaire you can find digital versions of the texts of a number of Voltaire’s letters (sections En direct par Voltaire), in particular those concerning the Calas case.

Logo Criminocorpus

For the history of French criminal law you can learn much at the fine Criminicorpus portal – with both a French and English interface – and at the website Le droit criminel created by Jean-Paul Doucet. At both websites you can find the text of relevant royal ordinances dealing with criminal procedure. Remembering Tolosana was not just a case of having a good memory. In fact I wrote here about Tolosana and the Calas case in June 2010. Five years later I still feel astonished that these digitized documents have scarcely been used in contributions about Voltaire. Their value is seriously diminished by this omission. The French online research portal Isidore has entries for seventeen relevant documents digitized at Tolosana, but the tags attached to them do not function. No wonder that the online presence of the various documents has remained somewhat in the shadow. Internet is definitely an ocean where you have to know the entrances to particular information.

Logo Isidore

Isidore, a portal focusing on the humanities and social sciences, has a search interface in French, English and Spanish. It did bring to my attention a recent Ph.D thesis about Adhémar Esmein (1848-1913), a famous French law professor and legal historian who did look at the Calas affair in his main textbooks on constitutional law [Antoine Chopplet, Adhémar Esmein et le droit constitutionnel de la liberté (thesis Université de Reims, 2012)]. Chopplet does not use these online documents for his study of Esmein’s view, but he does for example highlight the fact that Esmein did not comment on the fact that Voltaire himself had been a victim of the infamous lettres de cachet, one of the most glaring abuses of the French judicial system during the Ancien Régime. Esmein admired Voltaire for his detailed criticism of criminal procedure in his writings about the Calas affair. Montesquieu was perhaps much better equipped to do this, but on this subject he remained silent. In an even more recent Ph.D thesis available online at the Theses platform, La pensée politique d’Adhémar Esmein : l’historien du droit by Alexandre Fiorentini (thesis Aix-en-Provence, 2014), the interplay between Esmein’s political position and his views as a legal historian is further discussed.

Using online journals

By now it should be obvious that bringing together all these materials is only possible and feasible thanks to the use of linked computers. However, how can one safely digest these masses of information, and analyze them in a controlled and sensible way? Having the information at your disposal is one thing, using the right tools for analysis is another, and presenting a meaningful analysis should be the real challenge. Dealing with the Calas case can show you the use of some digital tools and projects. Perhaps it is good to stress here that I only show some of their highlights, not their entire scope.

However you think about my plea for a consistent use of the contemporary ocean of online materials, but it is wise not to neglect good bibliographical research. French research in the field of legal history can be tracked down online using the services of the Bibliographie d’histoire de droit en langue française (CLHD, Nancy) which can be consulted both in French and English. A simple search for Calas brings you to eleven titles published since 1964. Using the thesaurus (“Procès-Affaire Calas”) you will find ten titles. Earlier this year I already wrote here about this bibliography.

A number of French research portals help you to find quickly online versions of articles. The oldest portal Persée gives access to digitized issues of a number or well-known learned journals. For the Calas case you can find for example an article on the concept of proof by Jean-Louis Halpérin.2 A second interesting article is by Frank Kafker who discusses the role of Diderot who did not speak out about the Calas case in public, but behind the screens he used his influence and did write people about it.3 Another scholar discusses the general attitude of Diderot towards political actualities.4 The OpenEdition initiatives is not only home to the Hypotheses network of scientific blogs in French, German, and Spanish, but also the provider of a number of online journals at Revues, many of them completely or partially available in open access. Among the most relevant journals for my theme here ise the Annales Historiques de la Révolution Française.

Revues points for instance to the book by Janine Garrisson, L’Affaire Calas, miroir des passions françaises (Paris 2004) in an alert by Jacques Bernet [AHRF 354 (2008) 202-203]. At one of the blogs at Hypotheses, Criminocorpus, you can find a notice by Jean-Claude Facry about the recent study by Benoît Garnot, Voltaire et l’affaire Calas. Les faits, les interprétations, les enjeux (Paris 2013). Facry provides an overview of its contents. At the Criminocorpus portal itself is the History of Justice Online Museum, a very useful section with virtual exhibitions. It is certainly worth looking at the exhibit on Les exécutions publiques dans la France de l’Ancien Régime (only in French). OpenEdition publishes also online books, one of them a volume of articles about L’exécution capitale : Une mort donnée en spectacle, Régis Bertrand and Anne Carol (eds.) (Aix-en-Provence 2003), unfortunately not in open access, where you should look at the contribution of Robert A. Schneider, ‘Rites de mort à Toulouse : les exécutions publiques (1738-1780)’.

At Cairn you can look at some 400 scholarly journals. A search for the affaire Calas yields nearly 200 results. For the book by Janine Garrisson you can find a review by Laurence Kaufmann in Annales. Histoire, Sciences Sociales 61/4 (2006), who mentions in particular a study by David Bien, L’affaire Calas. Hérésie, persécution, intolérance au XVIIIe siècle (Toulouse 1987). The search results at Cairn help you to find recent French literature on themes such as major trials, for example Les grands procès, Daniel Amson et alii (eds.) (Paris 2007) or a brochure by Jacques Vergès, Les erreurs judiciaires (Paris 2002) that appeared in the famous Que sais-je? series. Closer to the Calas affair is the volume of essays La plume et le prétoire. Quand les écrivains racontent la justice, Denis Salas (ed.) (Paris 2013 ), a special of the journal Histoire de la justice 23/1 (2013) with a pertinent article by Sylvie Humbert, ‘L’autre justice de la Dictionnaire philosophique‘ (p. 81-87), one of the publications of Voltaire during the 1760´s.

An article by Lynn Hunt, ´Le corps au xviiie siècle´, Diogène 203/3 (2003) 49-67, helps us to remember that the first major treatise against torture, by Cesare Beccaria, Dei delitti e delle pene, only appeared in 1764, and to notice also it was not the abuse of torture that prompted Voltaire into action in 1762. In 1766 Voltaire wrote a Commentaire sur le livre des délits et des peines. In view of the sheer length of this post I would rather not adduce here more examples of the results made available through the services of Persée, OpenEdition, and Cairn. If you want to look beyond recent French publications you can enlist the services of JournalsTOCs to get quick access to the tables of contents of many scholarly journals. A nice array of legal history journals in open access is available in the right sight bar of my blog.

With the Dictionnaire philosophique of Voltaire we touch the Republic of Letters. The world of European networks in the period of French hegemony deserves separate treatment here. I would have preferred to include a substantial section on it here, but wisdom tells me it is better to leave you here, albeit somewhat in suspense.

The digital turn

French historians have not been content with creating just one view of the Calas affair. They came back to it again and again, and it can even serve as a kind of thermometer of someone’s position. In this post I have tried to show some of the materials now available that have only seldom been used in connection with this case. In fact you can use the digital resources mentioned here also for the study of other subjects. Jean-Paul Doucet gives a nice list of famous trials on his website, and it my view it has become much easier to gain a head start using online resources than earlier on. This tournant numérique, this digital turn of doing history, is not only a matter of easy access to primary sources. Bringing into view resources scarcely considered before or almost forgotten, can broaden and deepen the way we look at all kinds of history, including legal history. In my opinion connecting legal history with history at large is one of the urgent needs of legal historians. It is up to me and you, to my and your creativity to make the digital turn fruitful and important.

Notes

1. Élisabeth Claverie, ‘Procès, affaire, cause: Voltaire et l’innovation critique’, in: Parler en public, a special issue of Politix. Travaux de science politique 7/26 (1994) 76-85; online at Persée.
2. Jean-Louis Halpérin, ‘La preuve judiciaire et la liberté du juge´, Communications 84 (2009) 21-32, online at Persée; special on Figures de la preuve.
3. Frank A. Kafker, ‘Le rôle de Diderot dans l’affaire Calas’, Recherches sur Diderot et sur l’Encyclopédie 21/1 (1998) 7-14, online at Persée.
4. Hédia Ouertani-Khadhar, ´Diderot et l’actualité politique´, Recherches sur Diderot et sur l’Encyclopédie 18-19 (1995) 93-103, online at Persée.

Visual traces of legal culture and the legacy of Karl Frölich

Banner MPI Frankfurt am Main

Legal historians created legal iconography as an auxiliary science for dealing with images connected with law, justice and legal culture in the widest possible sense. In a century where for many subjects you can find a great variety of online resources the list of online databases concerning this subject is still short. On my own website Rechtshistorie I mention just a dozen digital projects, with resources in English almost absent. On March 31, 2015 the Max-Planck-Institute for European Legal History in Frankfurt am Main launched a new online database for the collections created by a German scholar, Karl Frölich (1877-1953). What is the value of his collections? Do they help understanding the way law and visual culture are studied within the discipline of legal iconography and in other ways, for example in the framework of law and humanities? In this post I will delve into these and other questions and I will compare this new database with similar online collections.

Nomos-SALUTO-INGThe introduction to the new resource at the website in Frankfurt is brief, even when you add the general notice about the Sammlung Frölich and the introductions to research projects concerning communication and representation of law, including legal iconography, However, a virtual exhibition launched last year at the Kunsthistorisches Institut in Florence provides this information. The Nomos of Law. Manifestations of the Law in Picture Atlases and Photo Archives shows items from the Frölich collection, and from collections in Florence and Munich. This exhibition which can be viewed in German, English and Italian contains also a bibliography. It has been created in cooperation with the Leopold-Wenger-Institut für Rechtsgeschichte in Munich, home to the oldest German collection in the field of legal ethnology and legal archaeology created by Karl von Amira (1848-1930).

In this post I will first look at the context of Frölich’s career and research. In the second section I will discuss the contents of the newly digitized collection, and I will compare Frölich’s collection with other online collections for legal iconography. The last section offers a glimpse of current and potential uses of Frölich’s materials.

Decades of research under a shadow

Let’s start with a look at Karl Frölich himself, using the article in the online version of the Neue Deutsche Biographie written by Karl Bruchmann [NDB 5 (1961) 652]. Frölich was born in the village of Oker in the Harz region near Goslar, a city often visited by the German emperors in the eleventh and twelfth centuries. He studied law in Jena and Göttingen, Frölich got his Ph.D. degree from Alfred Schultze (1864-1946) in 1910 at Freiburg with a study about medieval legal procedure in Goslar [Die Gerichtsverfassung von Goslar im Mittelalter (Breslau 1910)]. Frölich worked from 1905 onwards in Braunschweig at the ministry for the interior. In 1913 he started to study for a degree in economics, but in 1914 he became a judge (Landgerichtsrat). During the First World War he fought as an officer in the German army. Paul Rehme (Leipzig) guided Frölich’s research for his Habilitationsschrift on Verfassung und Verwaltung der Stadt Goslar im späteren Mittelalter (Goslar 1921). In 1921 he started teaching at the technical university of Braunschweig. From 1923 onwards he worked at the university of Giessen as a professor of German legal history where he founded in 1939 an institute for legal history. From 1935 onwards Rechtliche Volkskunde, “legal ethnology”, became his specialization. During the Second World War Frölich served temporarily again in the army. From 1945 he worked for some time at the universities of Berlin, Marburg and Frankfurt am Main. His scholarly career ended with the edition of sources for the history of Goslar.

Image of Karl Frölich, 1952 - Sammlung Frölich, Frankfurt am Main

Portrait of Karl Frölich, 1952 – image Sammlung Frölich, Frankfurt am Main

The weakness of the biographical article in the Neue Deutsche Biographie is its silence about the period after 1933. How did Frölich react to the powers of the Third Reich? For the field of legal archaeology it was most unfortunate that the Nazi laws pretended to stem from the people, and thus keen on enhancing the position of the field of “legal ethnology”. During the Nazi regime this discipline was not innocent. Frölich is not mentioned in classic studies about German lawyers between 1933 and 1945 such as Ingo Müller, Furchtbare Juristen. Die unbewältigte Vergangenheit unserer Justiz (Munich 1987; 2nd ed., Berlin 2014) and Bernd Rüthers, Entartetes Recht. Rechtslehren und Kronjuristen im Dritten Reich (Munich 1988).

Gerhard Köbler (Innsbruck) contributed a chapter on Frölich for the volume Giessener Gelehrte in der ersten Hälfte des 20. Jahrhunderts, Hans Georg Gundel (ed.) (Marburg 1982) 242-250. Recently Lars Esterhaus wrote his dissertation about Frölich [Bild – Volk – Gegenstand : Grundlagen von Karl Frölichs „rechtlicher Volkskunde“ (…) [Image-Nation-Object: Foundations of Karl Frölich’s “legal ethnology”] (diss. Giessen 2012; Marburg 2014)]. On his website Gerhard Koebler has created a succinct overview of law professors at the Unviersity of Giessen between 1607 and 2007, with also basic information about Frölich’s career. At his webpage Wer war wer im Deutschen Recht [Who’s who in German law], a massive overview of German lawyers with also a search interface, Koebler adds some crucial facts. In 1941 Frölich became a Gaugruppenverwalter and Hochschullehrer des Gaues Nassau-Hessen des NS-Rechtswahrerbundes. After a year in this role Frölich did active service again in the German army. The university of Giessen closed in the summer of 1942. In 1945 Frölich resumed teaching legal history. In 1946 his behaviour during the war was subject of a procedure for denazification. In July 1946 this procedure started, and two months later he was said to be unbelastet, “correct”, but the military government nevertheless suspended him in November 1946. Still in 1946 the ministry of the interior invested him again with his office, but took away his status as a state official (Beamtenstatus). On February 1, 1949 his professorship ended, and on April 1, 1950 he became officially a professor emeritus.

In the thirties the Deutscher Rechtshistorikertag, founded in 1927, was still a new phenomenon. During the twelve years of the Third Reich only two Tagungen were held, in Cologne (1934) and Tübingen (1936). In Tübingen at the fifth conference Frölich read a paper about the creation of an atlas for legal ethnology (‘Die Schaffung eines Atlas der rechtlichen Volkskunde für das deutschsprachige Gebiet’). Hans Frank, the German minister of justice, held a speech in which he encouraged scholars to enlist the services of legal history for German contemporary law.

I give you this additional information with only brief comments. There was a wide variety of living as a lawyer under the Nazi regime, from supporting explicitly the new Nazi legal order and its ideology at one side, and outright resistance against the regime at the other end. For many people daily life in the Third Reich must have been a grey and grim zone of finding one’s way in a time and places where angels fear to tread. Even at a distance of two generations scholars living now need to imagine themselves in front of the possible deadly choices facing Germans in that dark period. As for Giessen, allied bombers caused great damage to the city in December 1944. After the war the university was at first closed. Only after a few years the university could start again, and only in 1965 a law faculty began again.

Barbara Dölemeyer, responsible for the project to digitize Frölich’s collection, has created a bibliography of Frölich’s publications since 1921. Earlier on she published ‘Karl Frölich und das Institut für Rechtsgeschichte’, in: Rechtswissenschaft im Wandel, Festschrift des Fachbereichs Rechtswissenschaft zum 400-jährigen Gründungsjubiläum der Justus-Liebig-Universität Gießen, Walter Gropp, Martin Lipp and Heinhard Steiger (eds.) (Tübingen 2007) 1–22, and a shorter article, ‘Bilder als Zeichen alten Rechts – Die Sammlung Frölich’ [Images as signs of old law: The Frölich Collection], Rechtsgeschichte 4 (2004) 264-268. Karl Kroeschell (1927) mentioned some of Frölich’s works in his Deutsche Rechtsgeschichte as examples of still valuable research. Kroeschell says this as author of a legal history of Germany in the twentieth century [Rechtsgeschichte Deutschlands im 20. Jahrhundert (Göttingen 1992)]. Hans Planitz and Hermann Baltl wrote necrologies about Frölich for the Zeitschrift der Savigny-Stiftung für Rechtsgeschichte, Germanistische Abteilung [ZRG GA 70 (1953) 431-432 and ZRG GA 71 (1954) 545-548], the latter with the explicit title ‘Karl Frölich und die rechtliche Volkskunde’. You can find ten digitized publications of Frölich online in one of the digital libraries of the modern Universität Giessen.

The signa iuris

The commemorations of the end of the Second World War, now seventy years ago, have influenced me in creating the long section about Frölich, especially in order to prevent the idea that I would write about Frölich’s material legacy – now held at Frankfurt am Main, Giessen and Munich – without any preparation and consideration for its background. Is it indeed to some extent a poisoned gift, not to be handled except with the greatest possible care, or is it safe to use the images and accompanying papers in a straightforward way? What does he bring us for the study of the signs of law and justice? SIGNA IVRIS is the aptly chosen name of a German scholarly journal for legal iconography and its neighbouring disciplines. It was founded in 2008, with Gernot Kocher, Heiner Lücke and Clausdieter Schott as its current editors. Lars Esterhaus contributed in Signa Ivris 5 (2010) the article ‘Karl Frölich und die “rechtliche Volkskunde“? Eine werkbiografisch orientierte Anfrage’ .

The scholarly value of Frölich’s own photographs is much enhanced by the fact that he did not just look at Germany or at parts added to the Third Reich, but at other European countries as well. Two pictures show even Rabat in Morocco. In view of this international orientation a search interface in one or more other languages would reflect the variety of countries more correctly. The search interface contains a free search field (Freie Suche), and an advanced search mode with four fields for countries, locations and places; two of them help you to find all items coming from a modern Bundesland or an official smaller region (Landkreis) in Germany. Very important is the presence of two separate search fields for motifs, the first for motifs from a contemporary perspective and the second field for the motifs according to Frölich’s own arrangements. He had planned to publish eventually an atlas with relevant photographs and descriptions for Germany, starting with the region Hessen. The last search field allows you to filter for items and the three present locations of Frölich’s images, papers and other materials. A separate page introduces the subjects and motifs used by Frölich to catalogue and describe his findings, and a more contemporary list of classifications used for the digitized items.

Postcard of the interior of Nijmegen Town Hall, around 1940 - Collection Frölich, SF=G1347_F4124_01a

Postcard of the interior of Nijmegen Town Hall, around 1940 – image Sammlung Frölich

The database at Frankfurt am Main contains nearly ten thousand items, with for the Netherlands 133 items. Among the European countries Belgium is missing at all. For Germany there are some 8,200 items, for Hessen alone nearly 2,300 items. Thus resources for others countries are only a small part of the collection, but nevertheless this is valuable. It quickly becomes clear that there are for my country more digitized letters, postcards and notes than actual photographs or other visual materials. Frölich inquired about cities such as Rotterdam, Middelburg and Nijmegen where the inner cities have been destroyed during the Second World War. Such photographs of buildings before their destruction can be important. W.S. Unger, city archivist at Middelburg, wrote in 1939 he had sent a description of the town hall in a separate letter which does not survive (or still awaits digitization). From Rotterdam came in 1939 two short letters stating objects could not be reached due to the restoration of the Museum Boymans-Van Beuningen, and there were no medieval objects at all. In view of the year 1939 it is more probably that this museum was busy packing objects and moving them to a safe hiding place in case of war. It seems Frölich definitely restricted his research to medieval objects and artefacts, because other Dutch letters contained the same answer. From Nijmegen came only a postcard with a picture of the schepenbank, the seats of the municipal court within the town hall in Dutch Renaissance style. Frölich’s letter in 1942 concerning Nijmegen mentions specifically his objective to collect information also outside Germany.

“Gericht” at Schleeke near Goslar – image Sammlung Frölich

Back to Germany! Frölich’s collection contains in its present state some 70 items for his beloved Goslar. Goslar’s fate during the Third Reich was in a way determined in 1934 when the Reichsnährstand, the Nazi food organization, was founded in this town. In 1936 Goslar got the title Reichsbauernstadt, the capital of farmers in Hitler’s Reich. All his life Frölich dedicated his efforts in studies of Goslar’s history to its later medieval period, after the days of the frequent visits of the German emperors. He studied in particular the beginnings and working of the city council, the city’s economy and the role of the nearby mines at Rammelsberg exploited since the tenth century.

In his Harzreise (1826) Heinrich Heine had used harsh words for Goslar, a city where the medieval cathedral had been demolished in 1820, leaving just one part of it standing. Is it just a guess that the very presence of Goslar’s remaining historic buildings and locations helped Frölich to become aware of the need for their systematic study in connection with legal history? Perhaps other German legal historians in the first half of the twentieth century had simply not yet done much in the territories covered by Frölich, the spaces and buildings where law and justice got their form. Surely Karl von Amira (1848-1930), the founder of legal archaeology and legal iconography, had collected relevant objects for these fields. He had indeed thought about creating an atlas for both subjects. Eberhard von Künßberg (1881-1941) looked more at legal gestures, no doubt inspired by the materials he encountered in directing the creation of the Deutsches Rechtswörterbuch. Claudius Freiherr von Schwerin (1880-1944) even published from Von Amira’s papers an Einführung in die Rechtsarchäologie (1943). Von Schwerin had become deeply involved with the Nazi’s soon after 1933. The Swiss scholar Hans Fehr (1874-1961) who had studied in Germany, focused on the representation of law in the arts.

How does Frölich’s collection compare with other image collections in the field of legal iconography? The images in Von Amira’s collection in Munich most often show objects, not actual locations and buildings. The image database at Graz puts images somewhat arbitrarily into legal categories, but you can also use the free text search, and anyhow this collection is much smaller. The database RechtsAlterTümer – online of the Austrian Academy of Sciences does cover both objects and locations, but it is geographically restricted to Austria. Today I could not reach the database at Zürich due to some vague technical error. I leave it to you to check and compare all twelve collections, but only after looking at least briefly in the Dutch database at the Memory of the Netherlands where the postcard from Nijmegen in Frölich’s collection is not to be found. The Dutch collection does show for Nijmegen much more than only the court room of the old town hall. In particular the bibliographical references are very useful. Frölich’s research notes, however succinct sometimes, are an asset missing in other collections.

In the country where during the nineteenth century history was refashioned into an academic discipline there are more resources with images and photographs of historical buildings and objects. On my own page for digital image collections – where you can find the twelve online databases for legal iconography as well – I list a dozen online resources for Germany. The Bildindex der Kunst und Architektur, one of the services at the Bildarchiv Foto Marburg, is a search portal for several million images from major German cultural institutions, including for instance photographs from the holding of the Germanisches Nationalmuseum in Nuremberg. You can get some impressions of the sheer scale of the photo collection of this museum when you search for a pillory (Pranger) and receive more than 600 results. The Bildarchiv of the Deutsches Historisches Museum in Berlin and the Deutsche Fotothek (Sächsiche Landes- und Univesritätsbibliothek, Dresden) are other major German nationwide resources. In my view it is not only possible and feasible, but necessary to use images and information from other resources to supplement and check whatever you find in the Frölich collection.

Balancing questions and materials

At the end of my post it might seem that the background of the Frölich collection got too much attention instead of its own scope and value. Including a paragraph about Dutch towns and thus making this post still longer was certainly a personal choice. I will end here with some remarks about the way to use Frölich’s publications and images for modern research in the field of German history and geography. The Landesgeschichtliches Informationssystem Hessen (LAGIS), created by the Hessisches Landesamt für geschichtliche Landeskunde and the Universität Marburg, is a very substantial portal to the history, cultural heritage and geography of the Bundesland Hessen. At this portal you can use maps, search for digitized resources, thematic dictionaries, use a bibliography and a web repertory, and last but not least search for images and books concerning many themes, among them for example the topography of the national socialism.

In the section Gerichtsstätte in Hessen [Places of justice in Hessen] Wilhelm Eckhardt has created a database with both a simple search mode and a very detailed advanced search mode. In more than hundred cases the references include works by Frölich, or they show photographs he published. The digitized images of the Frölich collection and his notes are no doubt a valuable addition to the materials at this portal. I did look for similar online portals for other German regions, but until now Hessen seems the only example to include material remains of legal history. Here, too, I would adduce information from other image collections to get a more complete picture, but in itself the database for Hessen is a valuable new research tool.

The twentieth century was an age of extremes (Eric Hobsbawm), and legal historians did not escape from its threats, terrors and destruction. The twelve years of the Nazi regime had a great impact on German lawyers and historians, on the ways they looked at Germany’s history, and in some cases abused and stained it. This image of utter darkness has sometimes helped in keeping scholars away from legal ethnology and legal iconography.  With knowledge of the background of Frölich’s work you can start new research following his steps. Diligent and discerning research can benefit from a number of his works and the example of his sustained efforts to study the visual powers of law and justice. Using the wide variety of German image databases and for Hessen its exemplary database for regional history and geography, and at many turns benefiting from the resources and research of the Max-Planck-Institut for European Legal History at Frankfurt am Main, you can gain new insights for research in a fascinating scholarly discipline which enriches our understanding of the impact of law and justice.

A theatre of knowledge: Law and justice on show in old book titles

Logo Theatra - Welt und Wissen auf der BühneTheatrical representations of a trial can enthrall an audience. Even when you know actual proceedings were different you are lured into understanding matters in the way they are played in the theatre. Authors and publishers were not slow to realize the attraction of the theatre for book titles. In a German research project several books with the word “theatre” in their title printed between 1500 and 1800 have been brought together. Among them is a considerable number of books concerning law and justice. The project was finished a few years ago, but I think it is worth looking at here.

The right title

Logo HAB

The project at the heart of this post has been supported by the Herzog August Bibliothek (HAB) in Wolfenbüttel. Earlier on I had not really noticed this project at the website of this research library with a focus on Early Modern and baroque literature. However, in the end this notice did awake my curiosity. Scholars from the Universität Kassel worked together with the staff of the HAB to create the project Welt und Wissen auf der Bühne – Theatrum-Literatur der frühen Neuzeit. “World and Knowledge on Stage – Theatrum-Literature of the Early Modern Period”.

The metaphor of the theatre helped to create a visual image for multiple purpose, not just constructing a setting but also the disposition and communication of knowledge. Apart from “Theater” and “Theatrum” authors and publishers used words such as Schau-Bühne and Schauplatz, and of course other languages used their own versions of these words, for example théâtre, teatro, schouwtoneel and schouwplaats. Apart from works in German, French and English Dutch, Spanish and Italian works were within the orbit of the project, The project at Wolfenbüttel aimed at creating a portal with bibliographical information and direct access to some 200 titles. Despite this multilingual starting point the project website is only accessible in German, in clear contrast with the HAB’s website which can be viewed in German, English and some pages even in Latin. At the project website you can go directly to each of the digitized works, execute a full text search in all titles or in a particular work, or visit first the repertory and benefit from the information about the works brought together here.

Title page There is no shorter way to view the qualities of the project than starting to look at a particular work. I have chosen a work by Peter Dahlmann, his Historischer Schauplatz Vornehmer und berühmter Staats- und Rechts-Gelehrten (2 vol., Frankfurt and Berlin, 1710-1715), and I selected it because it was the first work in the list with the word Recht (law) in its title. This biographical dictionary appeared anonymously, but Dahlmann published a similar more general work in 1710 which made his authorship plausible. The description of this work with twenty-seven biographies is most useful, in particular for the overview of the content, information about the context and background, and bibliographical information.

When I looked at the list of extant copies of Dahlmann’s book I somehow became wary. A quick search in the Karlsruher Virtual Library shows indeed more copies than indicated here. The copy of the first volume at the Max-Planck-Institut für europäische Rechtsgeschichte, Frankfurt am Main, too, has been digitized, as announced on the project page at Wolfenbüttel, but I was really surprised to find this title in Frankfurt within the collection of German legal journals from the period 1703 to 1830. Anyway, this title is certainly not widely available in German libraries: VD18, the bibliographical project for eighteenth-century German imprints, has not yet included any copy from the five participating libraries, but the Staatsbibliothek in Berlin, the Sächsische Landesbibliothek in Dresden and the Bayerische Staatsbibliothek in Munich do have a copy of the rare second volume, which has been digitized at Munich. Checking the information about surviving copies seems advisable.

Law on stage

Let’s look which other legal works and books touching the subject of law, jurisprudence and justice have been included at Welt und Wissen auf der Bühne:

– anon., Schauplatz der Betrieger (Hamburg-Frankfurt 1687) – a book about impostors and forgers – description
– anon., Hamburgisches Mordt-Theatrum (s.l., 1687) – a book describing the trial for the murder of a merchant from Hamburg – description
– anon., Theatro politico del honor y manifiesto legal de la santa iglesia Catedral de Zamora (s.l. [Zamora], 2 vol., 1730-1732) – a treatise about the jurisdiction and rights of a Spanish cathedral
– [Christoph Peller], Theatrum Pacis, Hoc Est: Tractatuum Atque Instrumentorum Praecipuorum (2 vol., Neurenberg 1683-1685) – a collection of peace treaties
– Johann Abelinus and Matthaeus Merian, Theatrum Europaeum (21 vol., Frankfurt 1633-1738) – a chronicle of near contemporary European history, often supported with legal documents – description
– Giovanni Battista Argiro, Theatrum universi juris (2 vol., Rome 1729-1734) – a legal bibliographical repertory guiding to commentaries for Roman and canon law
– Lorenzo Arrazola et alii, Enciclopedia española de derecho y administracion, ó Nuevo teatro universal de la legislacion de España è Indias (13 vol., Madrid 1848-1872) – an encyclopedia for Spanish law and government, including colonial law
– Angelo Auda, Theatrum regularium, in quo brevi methodo, variae decisiones, tam apostolicae quam Ordinis Minorum de observantia […] exarantur (Rome 1664) – ecclesiastical law concerning the Franciscan order
– Giovanni Battista Carmen Fattolillo, Theatrum immunitatis, et libertatis ecclesiasticae tam theorice, quam practice fideliter excerptum juxta Gregorianam bulla (2 vol., Rom 1714) – a work concerning immunity in canon law
– Giovanni Battista de Luca, Theatrum veritatis et iustitiae (18 vol., Cologne 1688) – De Luca’s famous often reprinted encyclopedic overview of all fields of law
– Camillo della Ratta, Theatrum feudale (2 vol., Naples 1637) – a work on feudal law – online, volume 1 and 2, Madrid, Universidad Complutense (at the Hathi Trust Digital Library)
– Jacob Döpler, Theatrum poenarum (2 vol., Sondershausen-Leipzig 1693) – a work on penal law – description
– Anton Wilhelm Ertl, Neu-eröffnete Schau-Bühne, Von dem Fürsten-Recht (Neurenberg 1702) – a book about princes and the law
– idem, Neu-Eröffneter Schau-Platz der Lands-Fürstlichen Ober-Bottmässigkeit (Neurenberg 1694)
– idem, Theatrum Superioritatis Territorialis Noviter Extructum (Augsburg 1684) – these two titles are clearly the Latin original and the German translation of a book on the territorial power of princes
– Adam Joseph Greneck, Theatrum Jurisdictionis Austriacae (Vienna 1752) – an encyclopedia on jurisdiction within Austria
– Georg Philipp Härsdorffer, Der Grosse Schauplatz Jämerlicher Mordgeschichte (8 vol., Hamburg 1649-1652) – a collection of murder stories and trials – description
– Carl Johnson / Joachim Meier (transl.), Schauplatz der englischen See-Räuber (A general history of the robberies and murders of the most notorious pyrates) (Goslar 1728) – a book about pirates and piracy
– Milettus Hedrusius, Neu-eröffnete Mord- und Trauer-Bühne (Schwabach 1708) – murder stories
– Johannes Franciscus Löw, Theatrum Medico-Juridicum (Neurenberg 1725) – a collection of treatises on forensic law
– Johann Christian Lünig, Theatrum Ceremoniale Historico-Politicum (3 vol., Leipzig 1719-1720) – a pioneer work about elections and political ceremonies – description
– Karl Philipp Mentzel, Neuestes Teutsches Reichs-Tags-Theatrum (Neurenberg 1733) – a book about the German Reichstag from 1662 onwards
– Johann Joachim Müller, Des Heiligen Römischen Reichs, Teutscher Nation, Reichs Tags Theatrum (2 vol., Jena 1713) – the German Reichstag between 1440 and 1493
– Melchior Adam Pastorius, Theatrum Electionis Et Coronationis Romano-Caesareae (Frankfurt am Main 1657) – not only about the election of German emperors, but with an overview of emperors since Roman antiquity
– Antonio Javier Pérez y Lopez, Teatro de la legislacion universal de España é Indias (28 vol., Madrid 1791-1798) – legislation in Spain and its colonial empire
– Johannes Friederich Reiger, Theatrum juridicum theoretico-practicum (Neurenberg 1724 and 1740) – a German translation of Justinian’s Digest
– Johan van den Sande, Theatrum practicantium hoc est decisiones aureae sive rerum in supremo Frisiorum curia judicatarum (Cologne 1663) – a collection of cases before the Frisian supreme court in Leeuwarden
– Johann Salomon Schülin, Theatrum Conscientiosum Criminale, (2 vol., Frankfurt / Leipzig 1732-1733) – a handbook for procedures in criminal law
– Christoph Heinirch Schweser, Theatrum Servitutum oder Schau-Platz Der Dienstbarkeiten (Neurenberg 1709) – a handbook on legal servitudes and service contracts
– Carlo Spadazza, Theatrum viduile, seu De viduis, ac priuilegiis viduilibus Tractatus absolutissimus, tum legalis, tum moralis, in quo tota viduilis materia elaborata methodo explanatur (Ferrara 1672) – a treatise about widows with attention to relevant law – online, Florence, Biblioteca Nazionale Centrale (at Internet Culturale)
– Mattheus Surrentinus [Matteo Sorrentino], Theatrum et examen omnium decisionum regni Napolitani (Naples 1700) – a collection with jurisprudence from the ingdom of Naples
– Trobat, Juan Bautista: Tractatus de effectibus immemorialis praescriptionis et consuetudinis. Pars secunda, cum miscelanea casuum, et decisionum in Iurisprudentiae Theatrum (Valencia 1700) – a treatise on customary law
– Nicolás Bas y Galcerán, Theatrum jurisprudentiae forensis Valentinae romanorum iuri (2 vol., Valencia 1742-1762) – a book about legal practice and jurisprudence in Valencia
– [Zacharias Zwanzig], Theatrum Praecedentiae (Berlin 1705) – a treatise touching on international law and ceremonial law – description

With some 35 works in a selection of 200 books law and jurisprudence seem well represented. It is a pity that in view of a total of some 180 descriptions you find here for just seven legal works a specially created description. However impressive this list, it does lack at least one noted legal work, the Amphitheatrum legale of Agostino Fontana (4 vol., Parma 1688 – online, Hathi Trust Digital Library). Sadly the list does not have for each work a description or a link to a digital version either from the collections of the Herzog August Bibliothek or elsewhere, and I have tried to supply such additional information here. On the other hand, in the case of the Theatrum Europaeum one is duly guided to a digital version of a later edition (21 vol., Frankfurt am Main 1646-1738; online at Augsburg).

In mentioning the Theatrum Europaeum we arrive at a central problem in dealing with this project. If the scholars creating the project had already difficulties in dealing with legal texts, how can a general user determine the nature of a particular work? In my view there is only one road to answer this question, to take the time to get hold of a work or to view a digital version, and to look beyond the title page. In this respect it would also have been helpful to have a translation of the book titles in Polish. In an earlier post I wrote about the Theatrum Europaeum as a useful source for the text of peace treaties. I am sure I have missed some works with legal contents in this list, but I have also excluded on purpose in my selection works on geography which surely do contain information about legal matters in a particular region or country.

Behind the scenes

How representative is the selection of works at Welt und Wissen auf der Bühne? It did cross my mind to look at the digital projects for baroque literature at the Universität Mannheim. The CAMENA project created a network of digitized works from the early Modern period, with for law a number of works in the section Historica & Politica. The Universal Short Title Catalogue (USTC, University of St. Andrews) has as its aim bringing together sixteenth-century books. I invite you to check the digitized works at the Heinsius Collection of Neo-Latin works published in the Dutch Republic (Universiteit Leiden), to visit the website for Nordic Neo-Latin literature (Universitetet i Bergen), or to walk through the alphabetically ordered Philological Museum (Dana Sutton, University of Birmingham). The German project does include only three titles for music, and the USTC, too, gives a very restricted number of similar titles. In its present state it does already offer a fairly complete overview of literature with some form of theatre in its title published during this period.

More incisive is the question how important these legal works were and are: do we have here a parade of the great and influential works? It is safe to say that at least De Luca’s work was most influential. Of some authors we have here less well-known works: Lünig (1662-1740) is better known for his massive Das Teutsche Reichsarchiv (24 vol., Leipzig 1710-1722; digitized at Augsburg) and his Corpus iuris militaris (2 vol., Leipzig, 1723). However, his book on ceremonial law is indeed a landmark, and its importance has been highlighted in a book by Miloš Vec, Zeremonialwissenschaft im Fürstenstaat. Studien zur juristischen und politischen Theorie absolutistischer Herrschaftsrepräsentation (Frankfurt am Main 1998). The selection of lawyers in Dahlmann’s Historischer Schauplatz is definitely not what you would expect nowadays of a book with juridical biographies, but this helps in fact to become aware of our own predefined ideas and conventions. One of the strengths of the project at Wolfenbüttel and Kassel are the references to relevant literature, even if this is often restricted to literature in German. A number of these modern scholarly texts can be read online.

The project title World and Knowledge on Stage itself immediately remembered me of proverbial lines by Joost van den Vondel, a seventeenth-century Dutch author: De wereld is een speeltoneel, elk speelt zijn rol en krijgt zijn deel, ‘the world is a theatre, everyone plays his role and gets his part”. These words were composed for the opening of the municipal theatre of Amsterdam in 1637 and put above its entrance. Maybe this echoes a thought expressed by Erasmus in his Praise of Folly (ch. 29)A second proverbial saying of Vondel brings us closer to law: “De wetten zwijgen stil voor wapens en trompetten” [The laws are silent in front of weapons and trumpets]. The metaphor of the theatre helps us to look for the roles people played and the subjects brought to the limelight or left in the wings. It struck me how many titles in the German project refer to wars and conflicts. Any title with the word theatre invites you to enter another world. You might encounter unfamiliar laws or meet a kind of justice that functions differently than you had imagined before.

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.

At the scene of crime with the Romans

Flyer "Plaats Delict"- Nijmegen, Museum Het ValkhofFor a number of very sensible reasons the history of Roman law has a prominent place within the study of legal history. However, in most cases we tend to focus on Roman private law, sometimes we take public law into account, and criminal law holds at its best a marginal place. This blog tries to avoid undue attention to Roman law, but there is no need here to exclude it completely. The current exhibition about Roman criminal law at Nijmegen (Nimwegen/Nimègue) at Museum Het Valkhof is an excellent occasion to look at this subject in some depth. Its title Plaats delict. Misdaad bij de Romeinen [The scene of the crime. Crime among the Romans] suggests correctly that artefacts will help you to get a better view of Roman attitudes towards crime.

The variety of crimes

Inscription about a murdered farmer

The exhibition at Nijmegen has been developed in cooperation with a number of German museums which created the travelling exhibition Gefährliches Pflaster. Kriminalität im römischen Reich [Dangerous pavement. Criminality in the Roman Empire]. At Museum Het Valkhof, a museum for art, history and archaeology, there is a clear stress on a way of presentation suited to young people. There is no accompanying catalogue, but only short texts with brief explanations about the objects put on display. Children are invited to play the role of Quintus, a Roman crime investigator, and to find out who has committed a murder. From Frankfurt am Main there is a skull with traces of a murderous attack. Children can also take a seat in a Roman court and deduce the exact way cases did take place. An inscription concerning a Roman investigator at Nyon (Switzerland) and an inscription telling us about the murder of a farmer certainly help to imagine how crimes touched the lives of very real people. At Nyon Quintus Severius Marcianus had been very successful as a praefectus arcendis latrociniis, and his home town honoured him with an inscription.

The crimes shown in this exhibition offer a wide variety, from theft and counterfeiting coins to playing with prepared dices, and from burglary to murder and the plundering of tombs. Punishments, too, show a great variety: penalties in money, hand cuffs, slavery and forced labour, and the death penalty in various forms, be it as a gladiator, fed to the lions, by beheading or crucifixion.

Waxtable with a fine

From the perspective of legal historians it is remarkable that Roman law is scarcely invoked at this exhibition, often only implicitly or strictly in the context of an object. For lesser crimes your punishment would often be a fine, an amount of money to be paid. It is a pity the exhibition shows only a replica of a second century wax table with such a fine, held at the Archäologisches Museum Baden-Württemberg in Rastatt.

The longest text about Roman law in the exhibition gives a short overview of the diverse sources of Roman law. The major place of private law is mentioned, as is the efforts under emperor Hadrian (117-138) to unify Roman law. The Codex Justinianus is described as a text-book for students. Just two paragraphs to summarize a development of many centuries is simply too short to bring more than a few things to the attention of people. More to the point is the explanation about the accusatory nature of judicial proceedings. The parties involved had to bring a case themselves to court. The role of provincial governors to hear cases and to ask for judgments from the emperor himself is also mentioned, but none of this information is further corroborated.

Roman burglars at work

The information concerning the objects on display fares better, with nice captions such as Inbrekers aan het werk [Burglars at work] for a box with traces of an attempt to force its lock. Some walls of the exhibition rooms have been decorated with actual Roman wall paintings or evocative artists’ impressions, showing for example a number of inscriptions in a Roman settlement. The exhibition shows small statues of dogs given to the dead in their graves to protect the gifts accompanying their bodies. The ubiquitous Cave canem [Watch out for the dog] is only hinted at by showing a bronze head of a dog and by a series of small statues of dogs which accompanied the dead in their coffins.

Objects, stories and history

I left the exhibition at Nijmegen with mixed feelings. It is easy to admire the telling array of objects, to learn about them from the concise information about them, and to get here a general impression of Roman life, crimes and punishments. The immediate involvement of children in an imaginary murder investigation is to be welcomed as an example of teaching a subject by making students play a role in a historical setting. However, I cannot ignore the lack of more information about the Roman judiciary, and in particular about its development. The quality of the information for each object is much better, but this shows also forcefully that texts – or maybe a video presentation – can enhance the understanding of objects.

At the entrance of the exhibition you read the Romans faced much the same crimes as we do nowadays. The very substantial difference in punishments could have been highlighted stronger. The attention paid by Romans to safeguard their possessions could have been easily linked to their veritable obsession with hereditary law, the very heart of Roman private law. In the museum shop at Nijmegen with a nice selection of books on Roman history I searched in vain for the German book published for the original exhibition by Marcus Reuter and Romina Schiavone, Gefährliches Pflaster. Kriminalität im römischen Reich (Mainz 2013). Reuter works at the Archäologischer Park und RömerMuseum in Xanten, a town not far from Nijmegen, which makes this omission even more painful.

Apart from the leaflet for children and a general flyer no printed information is available. In face of the Dutch fondness for English books studies such as Jill Harries, Law and crime in the Roman world (Cambridge 2007) and Olivia Robinson, The criminal law of ancient Rome (London 1995) could at the very least have been shown. For me it seems legal historians at the Radboud University Nijmegen have missed a chance to create for this occasion at least a succinct brochure which might redeem this conspicuous lack of further information. The city of Nijmegen can proudly trace its history back to Roman times, At Museum Het Valkhof is also a permanent exhibition about the Peace of Nijmegen (1678-1679), which without any doubt has benefited from advice by legal historians. Let’s hope they will exploit more actively future chances for cooperation with archives, museums and libraries, starting in their own town or region.

Plaats delict. Misdaad bij de Romeinen, Museum Het Valkhof, Nijmegen, May 18-October 5, 2014 – www.museumhetvalkhof.nl

A postscript

While finishing this post I visited also the exhibition De Krim / The Crimea at the Allard Pierson Museum in Amsterdam, the archaeological museum of the University of Amsterdam. A splendidly flowing projection of tribes and their movements in the Roman empire from the first to the seventh century and a movie about excavations help here to see the context of the treasures shown. If I had noticed it earlier this year a posting about the Crimea and Ukraine would have been close to current world news, and for that reason the exhibition did not end in May, but will be open until August 31. In fact the museum fears either Russia or Ukraine will come with juridical claims when the objects would return now to the lending museums on the Krim (see a press release of the Allard Pierson Museum (August 20, 2014) and for example the Dutch newspaper Trouw, August 22, 2014). In one of the corridors of the Allard Pierson Museum is a small photo exhibition Culture under attack about the threats to cultural heritage worldwide since 1945.

The dog, the cat and the mouse: animals and legal history

Monkeys playing slaves - sculpture in wood - source: Kommissio für das Deutsche Rechtswörterbuch, Heidelberg

Man and animals live together since the domestication of a number of animals many thousand years ago. Through the ages they often got along quite well, but sometimes man needed the law to deal with the unexpected behaviour of animals. The company and companionship between women, men and animals is not completely harmless or effortless. Relationships ranged and range today from animal worship and sometimes almost human care for pets at one end to harsh treatment as mere objects and outright systematic cruelty, serving mankind in the end as food, provider of skins, cruel entertainment and other goals.

In a conference on Das Tier in der Rechtsgeschichte [Animals in legal history] at Heidelberg from April 2 to 4, 2014, legal historians and other scholars will discuss several aspects of animal and human life and the interaction between them. The program of the conference at Heidelberg has been created in cooperation with the commission for the Deutsches Rechtswörterbuch. In this post I will look at some aspects of the interaction between animal history and legal history. This is an occasion, too, to look at the Deutsches Rechtswörterbuch, one of the typical German dictionary projects.

Of man and beasts

Animals are no aliens in legal history. Especially in German legal history animals come into view already early. I invite you to look for example at images from medieval bestiaries in Bestiaire du Moyen Âge, a virtual exhibition of the Bibliothèque nationale de France (interface French, English and Spanish), They are portrayed in various ways in the famous illuminated manuscripts of Eike von Repgow’s Sachsenspiegel. In April Dietlinde Munzel-Everling will discuss the animals in the Sachsenspiegel. Jacob Grimm, one of the pioneers of German academic legal history did not only study and publish versions of the medieval animal epic about the fox Renard in his Reinhart Fuchs (Berlin 1834). In an earlier post here I looked in more depth at the various versions of this much liked medieval story. His explanation of German words in his Deutsche Grammatik (first edition Göttingen 1819) often included historical explanations. The word vogelfrei, meaning literally and originally “free as a bird”, was in the context of exiled people and victims of execution who were denied a funeral narrowed to “delivered to the birds”. No doubt Grimm will figure in the contribution of Michael Frosser-Schell on animals in his edition of the Weisthümer (6 vol., Göttingen 1840-1878).

At the conference in Heidelberg a physician and a theologian will help looking at animals and legal history from different academic disciplines. Wolfgang Eckhart will look at relations between humans and animals from a cultural and medieval perspective. Martin Jung will look at animals in early French protestant theology. Apart from a section on animals in some selected legal sources the conference has sections on animals in public and private law, both in towns and rural areas, animals and their roles in criminal law, animals and law in art and language, and finally a section looking at animals in Spanish law (Marita Giménes-Candela) and animals in the German and French Enlightenment (Ulrich Kronauer). In this last contribution the change in views about the maltreatment of animals will be discussed.

Legal procedure is a subject in the contribution of Inge Kroppenberg about the damnatio ad bestias in Roman law. Peter Dinzelbacher, too, will look at Tierprozesse, criminal procedures against animals. The hanging of dogs is the theme of Stephan Meder’s contribution. Hopefully they pay due respect to the classic study The criminal prosecution and capital punishment of animals by Edward Payson Evans (London 1906; reprint London 1987), but follow also the example of historians such as Esther Cohen to look beyond cases to their context and to patterns of argumentation. For studies about animal behavior and views about animals it is worth looking at the Animal Studies Bibliography created at Michigan State University. The College of Law at this university is home to the Animal Legal & Historical Center where you can conveniently search for specific historical cases and subjects, broader themes and jurisdictions.

Animals, law, history and the German language

Logo Deutsches Rechtswörterbuch

In the second part of this post the Deutsches Rechtswörterbuch (DRW) takes pride of place. German scholars have a fine tradition of creating and editing dictionaries, with without any doubt the Deutsches Wörterbuch started by Wilhelm and Jacob Grimm as one of its major feats. The long time it takes to create such dictionaries is almost proverbial for the tenacity of German scholarship. A second association with these enterprises are the efforts of the various German learned academies. Not only academies with a budget for these projects, but also scholarly teams have the courage to start them, for example the team of 400 scholars behind the second edition of the Handwörterbuch zur deutschen Rechtsgeschichte (HRG). The online version of the HRG gives you free access to the list of entries and keywords, some examples and to excerpts of the other articles. Paid subscription is necessary for full access to the complete online version, but you can buy PDF’s of separate articles.

The project for the DRW was started in 1897 by the Prussian Academy of Sciences. Since 1959 the Heidelberger Akademie der Wissenschaften leads and finances the project. This academy supports also the Dictionnaire Étymologique de l’Ancien Français. The idea for a dictionary of the German legal language comes from the philosopher Gottfried Wilhelm Leibniz. On the website of the DRW you can view the original printed version, a digital version and a summary of each article. The DRW has now reached the word Schulbuch. The website of the DRW contains an introduction in English and French to facilitate its use. For the DRW a great number of sources from Germany and elsewhere for example from the Netherlands, has been digitized on a separate website, where you can search in specific sources; you can check this overview with a list of the digitized titles. A list with externally digitized relevant sources counts some 1,300 titles. The DRW has a special text archive for full text searches. Thanks to scholars such as Grimm the scope of the DRW is not just the legal language of Germany, the former Holy Roman Empire. Grimm wanted it to cover all languages of the Western Germanic language family. Thus Old English, Anglo-Saxon, Old and Middle Dutch, Old Frisian and even Lombardic, and the several medieval phases of the German language are included.

As with any dictionary created over a long time span the early parts of the DRW are not as rich as later volumes. The first volume appeared in 1914. The presence of digitized resources helps you to extend the examples adduced for early and later articles of the DRW. Let’s look for example at the cat (Katze) (DRW VII, col. 563-564). The cat figures gruesomely in a punishment dating from the Early Modern period in which someone was to be put into a sack with some living animals, among them a cat. The Katze was also the nickname of a punishment or a prison. The DRW links directly to other general German dictionaries, and indicated further textual sources, where you can even exclude certain word forms. Interestingly the ten additional textual examples from digitized sources for the cat stem all from Old Frisian law, mainly from the Westerlauwersches Recht, W.J. Buma (ed.) (Góttingen 1977). Here the cat is one of the animals which when they cause damages oblige their owner to pay only a part of the normal sum of money to be paid as a fine. The cat gave its name also to a number of following entries in the DRW which you might look up yourself.

I owe you here information about the other animals figuring in the title of my post. The mouse (Maus) is only very rarely mentioned in a legal context (DRW IX, col. 380). In fact the evidence from a trial according to canon law Tirol around 1520 given by the DRW has already been printed by Evans (p. 259-260) in Appendix A of his study from a German almanac for 1843. As a Dutchman I can dream of a case of mice invading a room with Dutch cheese! Combining cats and dogs in the title of this post was seducing, but I could have guessed easily that a dog (Hund) would only for its literal sense take very much space in the DRW (VII, col. 53-61). However, the hunting dog (Jagdhund) has an entry for itself (DRW VI, col. 356-357), with additional entries for such subjects as the servant dealing with hunting dogs. I could not help smiling at the wonderful long compound German word for the very brief separate entry concerning the costs of the care for a hunting dog, Jagdhundverpflegungskosten.

Mistaking the scope of dictionaries

Even if you can detect limits to the range and quality of the Deutsches Rechtswörterbuch you should remember that most languages do not have any kind of legal-historical dictionary worthy of a comparison with the DRW. Many people in my country complain about the largest dictionary – nicknamed the Dikke Van Dale [The Fat Dictionary] – it does not explain everything like an encyclopedia. They would be baffled by the Woordenboek der Nederlandsche Taal (WNT) which looks very much like an encyclopedia of the Dutch language from 1500 to roughly 1925. Its sheer size makes it the largest existing dictionary of any language. You will forgive me this paragraph when I tell you on this website you can even find words from the Lex Salica using the combined search mode of the WNT with dictionaries for Old Dutch and Middle Dutch. A dictionary of the Frisian language is also present on this website. Verily the DRW is not an encyclopedia, and also not a lexicon of juridical constructions and concepts, for which you can turn to the HRG.

I would have liked to comment on the image with the chained apes, presumably a wooden sculpture somewhere in Germany, but I have not yet found more information about it. At the end of this post I would like to turn from history to the present, For a dictionary of current legal German you can consult online for example the Rechtswörterbuch, which brings you also to current German laws and legal study books. Animals in contemporary German law are the subject on the website of the foundation Tier im Recht. When I looked at this website with a poodle staring at you Germans will remember Goethe’s words in Faust about the heart of the matter, des Pudels Kern. In my opinion the various ways we looked and look at, dealt and deal with animals can say much about our attitude towards people, life and nature. The story of animals and animal law is not to be detached from human history, because it tells us about both the bright and darker sides of human life, our views of culture and society, its order and limits.

 

A panoramic view of English criminal law

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

Logo The Digital Panopticon

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

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

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

Getting a complete view

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

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

Logo First Fleet

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

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

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

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

A constellation of websites

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

Logo Early Modern

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

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

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

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

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

Inspiration for more research

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

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