Tag Archives: Cultural heritage

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.

Gathering all strengths for Nepal

Stay strong Nepal - ANHS-HimalayaSince Saturday the first news came about the major earthquake that hit Nepal its sheer size and impact become slowly more visible. You can follow the international news coverage for example at the dedicated earthquake page of the Nepal Research portal. On Tuesday some Dutch people who had been in Nepal returned and told on television about their experience and the situation in particular regions and locations. On Wednesday it was announced that the Netherlands would be charged with coordinating the relief efforts. Because of the immense number of airplanes now coming to Kathmandu it is often not possible to land or to fly away from Kathmandu Airport. In this post I will try to create a succinct overview of major online resources for contemporary Nepal and resources concerning its history and culture. The damage done to historic buildings is just one of the things affecting the people of Nepal.

Last week I did by chance search for online resources for legal history in Asia. It took me some time before I became convinced that it is useful to give here such an overview, because it took me a lot of time to find information and resources. You might ask yourself what is the use of digital libraries and collections in dealing with the impact of an earthquake. One can point to the Virtual Disaster Library of the Pan-American Health Organization and the WHO Health Library for Disasters, to mention just two examples. The availability of resources, be they material goods or information in print or online, and the presence of trained people at the locations with the most casualties and the greatest damage will make a huge difference. You will notice, too, that I have included at some turns legal materials and materials related to Nepal’s legal history, because this subject serves at this blog as the starting point for any contribution.

Access to resources about and from Nepal

The Library of Congress has among its country studies a guide to Nepal, but unfortunately this study dates from almost twenty years ago. The study can also be found on the website for country studies. Luckily the Law Library of the Library of Congress has a selection of links to more up-to-date information about Nepal. The LoC’s Global Legal Monitor show current legal information. Globalex (New York University) has probably the most extensive overview of the contemporary legal system in Nepal, with some attention to the history of this country. The Asian Legal Information Institute offers online access to Nepali legal resources. The United Nations started in 2014 with an information center in Kathmandu.

Nepals legal history

In Nepal the Nepal Law Commission, too, has put legal materials on its website, including historical constitutions, laws, treaties, statutes, bylaws, rules and regulations, to be found under the heading Documents – Law Archives. However, this website has not been updated since 2011. In her selective bibliography at her blog South Asian Legal History Resources Mitra Sharafi (University of Wisconsin) mentions just two items concerning Nepal, both by Mara Malagodi, Constitutional Nationalism and Legal Exclusion: equality, identity, politics, and democracy in Nepal (1990-2007) (Delhi: Oxford University Press, 2013) and an article, ‘Ivor Jennings’s Constitutional Legacy beyond the Occidental-Oriental Divide’Journal of Law and Society 42/1 (2015) 102-26. Last year Sharafi published Law and Identity in Colonial South Asia: Parsi Legal Culture, 1772-1947 (Cambridge, etc., 2014). As for recent studies about Nepal it is good to mention John Whelpton, A History of Nepal (Cambridge, etc., 2005) and Sebastian von Einsiedel, David M. Malone and Suman Pradhan (eds.), Nepal in Transition. From People’s War to Fragile Peace (Cambridge, etc., 2012). It can do no harm to use the compact information about Nepal and its history compiled at WHKMLA, and you will find there a number of links, too. A good look at relevant Wikipedia articles can bring you much information, too.

Digitized books and open access

A number of websites in Europe and the United States give access to digitized books and documents dealing with Nepal. The section Ostasiatica of the Staatsbibliothek zu Berlin has digitized some 50 works about Nepal. In the Hathi Trust Digital Library you have full access to some 70 books. A number of digitized items at Digital Himalaya deal with Nepal, in particular for maps, in the Rare Books section and the section for research journals. Among these journals is the very important Regmi Research Series, with translation of some Nepalese constitutions and other legal materials, and both an English-Nepali and a Nepali-English dictionary. You can also consult the 2001 census of Nepal, and last but not least benefit from the very substantial links collection crowning this digital portal. Cornell University, too, has digitized the volumes of the Regmi Research Series with documents in translation, and Cornell has also digitized a number of Nepali text books. At Cornell the department of Asian Studies has created its own selection of relevant links. Old Maps Online helps you find you without delay a great number of relevant historical and also more recent maps held in twenty libraries from many countries showing Nepal, Kathmandu and other locations and regions within Nepal.

At Southeast Asia Visions, yet another Cornell website, you can find 350 digitized Early Modern travel accounts concerning this region. As for scholarly journals from Nepal, you can access a number of open access journals for Nepal through DOAJ (Directory of Open Access Journals) or go directly to Nepal Journals Online. By the way, I did find nothing touching specifically on Nepal in a first quick search in the companion Directory of Open Access Books, but maybe other search terms will bring you more. In the OAPEN Library, another open access initiative, I could find at least some studies about natural disasters. When you use the forces of the advanced search mode at BASE (Bielefeld Academic Search Engine) you can find a substantial number of recent scholarly articles and books about and from Nepal, but also older works. BASE works with some 3,500 repositories all over the world. Only four of them are in Nepal, and only Nepal Journals Online is now up and running. The blog The Himalayas and Beyond, too, helps tyou o track current research.

The telling images

Header Nepal Picture Library

Images say more than thousand words, and in this respect one of the most important links at Digital Himalaya is to the Nepal Picture Library where you can find a number of photo collections. Digital Himalaya also mentions a project at Brown University, Providence, RI, with images of Buddhist mural paintings in three monasteries in Mustang in a Tibetan region of Northwestern Nepal. It is also useful to look at the resources of the Tibetan and Himalayan Digital Library, although naturally the focus is strongly on Tibet.

Not just one language

One of the problems in helping Nepal is the variety of languages. Nepali is the main language, but in a number of regions other languages are used. The French project Langues et Civilisations à Tradition Orale (CNRS, Paris) deals with eight languages in Nepal. In Leiden the International institute for Asian Studies, too, has shown interest in some languages spoken in Nepal. Another major research institution, the School of Oriental and African Studies (SOAS) in London, supports the Endangered Language Archive. SOAS, too, has a useful selection of relevant links for South Asia. For Nepal one can find in this selection in particular the Hindi Script Tutor which helps you learning the Devanagari script used also for Nepali, and a link to Mountain Voices with texts and translations of interviews, amounting also to an important resource for oral history. The Digital South Asia Library (University of Chicago) is in particular helpful with its repertory of online dictionaries for languages in South Asia and the overview of bibliographies, with among them also Chicago’s South Asia Union Catalogue.

Manuscripts and documents in Nepal

The past days I have not succeeded in getting access to the website of the Nepal National Library in Kathmandu. The Kaiser Library in Kathmandu has considerable historical holdings. A number of collections in Nepal has been the subject of projects sponsored by the Endangered Archives Project (EAP) of the British Library, mainly in cooperation with the Madan Puraskar Pustakalaya (MPP) in Lalitpur. EAP aims at conserving, describing and digitizing fragile and threatened archival collections, documents and manuscripts. EAP 066 dealt with some 50 periodicals and 140 monographs. EAP 166 was a project concerning some 6,500 rare negatives and photographs in two collections at the MPP. In EAP 171 a pilot study was conducted at the SOAS for Nepali manuscripts from the eighteenth to the twentieth century. EAP 272 is another project at the MPP, this time for ephemera and manuscripts mainly from the past century, but it included also older manuscripts. The fifth EAP project (EAP 676) aimed at conserving and digitizing seventeen privately held collections in Lalitpur with Buddhist manuscripts written in Sanskrit. The 10000 images in this collection have been published online in January 2015. The EAP blog at the British Library brings you news about this project. The University of Hamburg, too, works on the preservation and cataloguing of Nepali manuscripts, supported by its own office in Kathmandu. There is an online catalogue of the microfilms created within this project.

Scattered around the world more digital collections with objects from Nepal can be found. The University of Washington has some twenty music instruments in its ethnomusical holdings. In the Huntington Archive of Ohio State University you can find at least 800 images concerning Nepal. In the past anthropologists have collected materials in Nepal. Brian Houghton Hodgson (1801-1894) is just an example. His papers are at the British Library, and you can consult an online inventory of these papers thanks to the efforts of Cambridge University. The Muktabodah Indological Research Institute in Emeryville, CA and New Delhi has not only digitized manuscripts, but also created searchable e-texts in its digital library. The Indology.info website is a portal to research initiatives and the various digital libraries with Vedic, Tibetan and Buddhist texts. The EAP projects for Nepal are not mentioned at this portal.

I would have loved to continue here with digital art collections, but their sheer number worldwide as represented at Himalayan Art has convinced me that there is no need to double its efforts.

The balance between quick reactions and completeness

Header Savifa

Sometimes help is needed immediately. Those victims still alive but buried under the stones and concrete of collapsed buildings need help now, and the people suffering from wounds and diseases need basic treatment or even surgery at the spot. However, in order to achieve the most humanly possible some kind of overview, some measure of preparation is needed. Epidemic diseases might occur. Roads are still blocked in many regions, communication is often impossible or hampered severely, and you can reach any villages only by walking long paths.

While writing this post I often thought that I should not try to outdo myself in bringing this amount of online resources together. A number of considerations changed my view. First of all, a number of resources within Nepal cannot be reached at all. Secondly, yesterday I could not view one of the major online resources, the Tibetan and Himalayan Library. A third consideration came in a very late stage. I would dearly like to have discovered much earlier the Virtuelle Fachbibliothek Südasien at the University of Heidelberg, abbreviated with the acronym SaViFa. I did not spot this service quickly on other websites at Heidelberg, such as those of the Südasieninstitut and its Kathmandu office at Lalitpur, and I overlooked SaViFa at the overview of other relevant Asian research resources in Heidelberg. Hopefully others more versed in Asian matters will have reacted already more efficiently than I can do.

SaViFa with an interface in German and English gives you with a first simple search for Nepal some 200 links to all kinds of online resources. The SaViFa portal offers many possibilities of its companion virtual portals and the special subject collections in Germany to refine your searches for particular resource types, regions, subjects and periods. CrossAsia, a service of the Staatsbibliothek zu Berlin and the other major German portal for research on Asia, focuses clearly on East and Southeast Asia.

Let’s not wait any longer, may this post go its way! I promise to create a PDF with a more helpful arrangement of the many resources presented here in a sometimes rambling way, and of course I will try to correct any grave omission and factual mistakes. In my experience it is most rewarding to get familiar with subjects and cases far outside your usual territory. I learned a lot from finding my way into Nepal, a country on the roof of the world. Hopefully the world will continue and renew its efforts, and arrive and preferably stay with adequate help to rescue and support the people and treasures of that collapsed roof.

A postscript

Already while writing this post I was sure I would overlook some important resources. i would have liked to mention here much more, but alas it turns out to be rather difficult to find resources even at some universites with very promising holdings. However, the very least I can do is pointing you to a recent overview of digital resources for South Asian legal history created by Mitra Sharafi, a guest blogger at the inexhaustible Legal History Blog. I have seen some online library guides with either information already found elsewhere, very concise or lacking descriptions of resources, and this is a strong contrast with Digital Himalaya, a model of its kind among digital portals. It is a comfort to have Sharafi’s guidance and helpful comments about South Asian resources in these posts and at her own blog.

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). On the other hand Jean Bodin’s Universae Naturae Theatrum (1596) has been included with a useful introduction. 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 a different 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.

Saving threatened archival collections

Banner Endangered Archives Project

The postscript to my recent post about the exhibition on Roman crime at Nijmegen helped me to find the subject of this post. In this postscript I mentioned the decision of the Allard Pierson Museum in Amsterdam not yet to give back the items on view at its Crimea exhibition to the lending museums in Ukraine. This post introduces you to an initiative to save archival collections worldwide threatened either by material deterioration, poltical situations or simply by the ongoing progress of modernization in the country or region where they are located. The British Library has set up the Endangered Archives Project (EAP) on a truly massive scale with the aim of digitizing archival records and manuscripts in a few hundred (!) projects. On September 7, 2014 the completion of several projects was announced at the accompanying Endangered Archives blog. Within two months, between July and September, a million images has been added to the online results of EAP, enough reason for me to look a bit more closely to this audacious project and its composing elements.

On my blog the British Library received a few years ago criticism for its policies concerning the digitization of British newspapers. Last year I expressed some disappointment at the low number of digitized legal manuscripts at the British Library, but this time the library shows itself as a most generous cultural institution. The EAP portal is accessible in English, French, German, Spanish, Russian and Arabic.

Safeguarding cultural heritage in situ and in virtual space

The EAP spans the world in a awe-inspiring way. Among the most interesting aspects is for example the fact that researchers and institutions themselves can apply for grants, often starting with a pilot project. The BL provides a framework to support projects. There is no grand scheme of the British Library dictating the goals and direction of general progress. Typically, EAP does not focus on national archives unless they are in dire need of support, and such projects will not cover all materials under the aegis of EAP. Items documenting the pre-industrial history of a country are the first to come under consideration for new projects. The grants support university projects as well as independent scholars. Of course EAP has contacts with the International Council on Archives and UNESCO’s Memory of the World program.

The EAP has created five regions for the projects supported by the EAP: Africa, the Americas, Asia, Europe and Oceania. Let’s start with a look at the overviews of each region to spot projects which touch directly upon law, government and administrations. In the second part of this post other projects with law, the judiciary or other aspects of legal matters constitute a major aspect.

In the overview for Africa you can find for example EAP 607, a project for the preservation of Native Administration records between 1791 and 1964 held at the National Archives of Malawi. The Matsieng Royal Archives in Lesotho were the subject of EAP 279, where a wide variety of documents and records has been digitized. Colonial history looms large in a number of African projects, for instance in EAP 474, a pilot project for the preservation of pre-colonial and colonial document at Cape Coast, Ghana. In EAP 443 nineteenth-century documents for the Sierra Leone Pubic Archives have been digitally preserved, thus saving the history of a British Crown colony and the impact of slavery, to mention just a few aspects.

For the Americas, too, one can pint easily to projects aiming at preserving documents and records concerning the history of slavery and colonialism. EAP 184 started to support the preservation of records of the African diaspora in the archives of the Cuban province Matanzas. The material condition of these records decays rapidly. In Peru EAP 234 aimed at saving the colonial documentation within the holdings of the Sociedad de Beneficencia de Lima Metropolitana, with records reaching back to 1562. 100,000 notarial records at Riohacha and the peninsula La Guajira in Colombia documenting an important entrepôt of Caribbean and Central American trade are at the centre of EAP 503. Hurricane Ike in 2004 was only the last threat to archives with govermental records in Grenada which resulted in 132 reordered and digitized volumes (EAP 295).

The number of EAP projects in Asia is much larger than for the Americas. I could not help feeling particularly interested in some projects concerning Indonesia because of its link with Dutch history. EAP 229 and EAP 329 are two related projects dealing with endangered manuscripts in the province of Aceh on the island Sumatra. The digitization of nearly 500 manuscripts helps preserving the cultural and intellectual history of this region. The Dutch fierce attacks on Aceh during the nineteenth century were already a threat to this history, as was the devastating tsunami in 2008. A substantial number of the digitized manuscripts in this project contain texts on Islamic law.

Tavamani document - EAP 314

Legal history is a central element in EAP 314, a project for the digitization of Tamil customary law in Southern India. The documents of village judicial assemblies between 1870 and 1940 are the subject of this project of the Institut Français de Pondichéry. You can follow this project at its own blog Caste, Land and Custom – Tamil Agrarian History (1650-1950), where you can find also an overview of other relevant EAP projects for India. The recent huge increase in digitized materials within EAP is to a large extent due to the 750,000 images of some 3,000 books printed before 1950 in eight public libraries in Eastern India near Calcutta which have been digitized within EAP 341. The number of EAP sponsored projects in India is really large. On my legal history portal Rechtshistorie I had already put a number of links to digital libraries in india, but EAP brings substantial additions to my overview.

Although I am woefully aware that I skip here a lot of interesting projects in Asia I would like to mention at least two European projects. EAP 067 is a project to digitize extremely rare materials, mainly from the twentieth century, about the Roma’s in Bulgaria, including not only ethnographic and musical items, but also for example a manuscript of a history of the gypsies. Keeping these materials at all was often dangerous for the Roma during the communist period in Bulgaria. A second project deals with the results of archaeological excavations between 1929 and 1935 in the Kyiv region of Ukraine (EAP 220).

For those worrying about the length of this post it might be a relief to read that within EAP there has been only one project from the Oceania region. In EAP 005 the Australian National University created inventories of materials at the Tuvaluan National Archives. This group of islands in the Pacific is in acute danger of being flooded.

Preserving the history of law, customs and government

The project concerning the preservation of manuscripts written in the Vietnamese Nôm script between the year 1000 and the twentieth century in EAP 219 is an example of documents threatened by sheer memory loss. The Nôm script went out of use around 1920. For decades teaching this script had been forbidden. The Ecole Française d’Extreme Orient in Hanoi had collected materials before 1954, but no proper inventory had ever been made, and the present storage conditions are poor. The 1,200 surviving manuscripts offer information about laws, courts, imperial decrees and land ownership, Within EAP 272, a project for ephemera and manuscripts in Nepal, a number of manuscripts all dating around 1808 contain legal texts.

Drafting a list of EAP collections with materials concerning legislation, jurisprudence, courts and other legal institutions is not an easy thing to do. The EAP website allows simple and advanced searches at item level, but as for now you cannot search for a particular subject or theme at the collection level. This is certainly a blemish, but not an impossible situation. A search for laws shows you only a few projects, but for EAP 144 you get directly a number of digitized manuscript from this project for Minangkabau (Sumatra) manuscripts. Anyway you can retrieve a list of all 240 projects; the short descriptions can be expanded. You can also search for projects using an interactive world map. Browsing the various projects is no punishment, but an object lesson in appreciating the rich varieties of human culture.

Projects with legal aspects are no exception. Using the tag Governmental records at the EAP blog helped me in tracing some relevant projects. EAP 688 is a new project for digitizing deed books from the Caribbean island Saint Vincent during the slavery era (1763-1838). EAP 561 aims at creating inventories of and digital versions of records for landownership in Imperial Ethiopia. At Accra, Ghana, witchcraft trial records will be digitized (EAP 540). A project to make inventories of court and police records from the period 1820-1960 and digitize some of them has been successfully executed in Gambia (EAP 231). Ecclesiastical records from colonial Brazil are the subject of EAP projects such as EAP 627 leading to the digital archives at Ecclesiastical and Secular Sources for Slave Societies created by the Vanderbilt University.

Several projects deal with manuscripts from Mali. Not only in Timbuctu a vast number of manuscripts is still present. Last year the threat of massive destruction of this unique legacy by terrorists became a very real menace; a post on this blog informed you about initiatives for their safeguarding and digitization. Following a pilot project (EAP 269) the projects EAP 488 and EAP 490 focus on manuscripts kept privately by families at Djenné, a treasure trove as important as Timbuctu. Some 4,000 manuscripts are now known against two thousand at the start of these projects. In yet another project at Djenné photographs are being digitized (EAP 449).

Luckily, there is more!

Often I apologize at the end for the length of my contributions, but this time I am happy to point to the links section of the EAP portal which will bring you to a nice number of projects all over the world for the digital conservation and presentation of rare and endangered manuscripts and records. You might be tempted to say that the efforts of the Endangered Archives Project can deal only with a limited number of projects, but luckily the British Library is not the only cultural institution and research institute to look beyond the borders of a country. Often these institutions have to face the threats of budget cuts, and a political climate in favor of focusing on projects which benefit solely the own nation, or they even have to fall back to provide only fairly basic services.

The British Library and all involved in similar projects deserve the gratitude of scholars, of peoples and countries whose cultural heritage is or will be rescued thanks to them. Scholars should be encouraged to look beyond their own culture and national history in order to perceive its peculiarities much sharper and to understand its importance in greater depth. Let’s hope such arguments can convince those responsible for setting cultural agendas and developing research strategies with lasting results. Digitization will be one step in a much longer process, and no doubt digital retrieval presentation will change its outlook as has been the case already since the earliest uses of computers by historians and lawyers alike.

A postscript

In 2015 Maja Kominko edited a volume of articles commemorating the efforts within the EAP, From Dust to Digital: Ten Years of the Endangered Archives Programme (2015), also available online. The digital version of this book has even embedded audiofiles.

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

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

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

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

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

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

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

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

Weighing the witches at Oudewater

Heksenwaag, Oudewater

The Heksenwaag, Oudewater – image Geschiedkundige Vereniging Oudewater, http://www.geschiedkundigeverenigingoudewater.nl/

This month the walking historian marches again! In July I visited the tiny town of Oudewater, a city in the southwest corner of the province Utrecht. In the beautiful old city of Oudewater the historic Heksenwaag, the Witches Weigh-House is not to be missed. However, in fact I did almost overlook it due to the fact that in my memory the building was much larger. As a kid I had visited the Heksenwaag, and I even received the certificate stating my weight was normal. Coming back to this town things seemed different, but the degree of change was really surprisingly low. Afterwards I could not help questioning what I had seen and doubting my assumptions and conclusions. Moreover, the Heksenwaag is not just a building which any tourist has to visit, but it is a veritable Dutch lieu de mémoire. It links directly to the history of European witchcraft and the ways law and justice dealt with this phenomenon. The results are interesting enough to include in this post which has as its second focus the perception of Oudewater’s history.

Hard facts and shallow assumptions

The scales in the Heksenwaag, Oudewater

In De canon van Nederland, “The canon of Dutch history”, the Heksenwaag at Oudewater is connected to emperor Charles V. He is said to have granted Oudewater in 1545 a privilege to weigh persons suspected of witchcraft and to issue certificates of normal weight. The vogue for historic canons in the Netherland has led to several regional canons. In the canon for the southwest corner of Utrecht the story of the Heksenwaag is strongly qualified. Legend had preserved a tale of Charles V doubting in 1545 a witch trial at Polsbroek where a woman had been weighed and found too light. He ordered a second weighing at Oudewater, showing her to have a weight of 100 pounds, which saved her, As a sign of gratitude for the correctness of the staff at the weigh-house he granted the privilege. However, there was no weigh-house at all in the village of Polsbroek. The scene of the false weighing could have been the town of IJsselstein. There is no trace of any privilege from 1545 for Oudewater.

Where do we find sources on the medieval and Early Modern history of Oudewater? This very question does bring you quickly to sources touching upon legal history. Joost Cox published in 2005 for the Foundation for the History of Old Dutch Law a repertory of Dutch medieval city charters with grants of specific rights, bylaws and ordinances, the Repertorium van de stadsrechten in Nederland (The Hague 2005). At the accompanying website you will find only lists of cities and dates. With some caution Cox traces such a charter for Oudewater said to be given in 1257 by Hendrik I of Vianden, bishop of Utrecht from 1249 to 1267 (Cox, p. 190). The Institute for Dutch History has recently digitized the major modern editions of medieval charters for the county of Holland and the diocese of Utrecht. The Oorkondenboek van het Sticht Utrecht tot 1301, S.Muller Fz. et alii (eds.) (5 vol., Utrecht 1920-‘s-Gravenhage 1959) does contain an item for this charter (OSU III, 1428) which shows a short reference in a chronicle as the ultimate source of all later information. The chronicle places the gift of a city charter in 1257. Some later authors misread the chronicle and placed it in the year 1265. Nevertheless the city of Oudewater prepares the celebration of 750 years Oudewater in 2015. A celebration in 2007 would have been equally justifiable…

Map of Oudewater by Jacob van Deventer, around 1557

Map of Oudewater by Jacob van Deventer, around 1557

The remarkable insistence on some presumed historical facts in the history of Oudewater comes in a different perspective when looking at a number of events that most certainly determined its history. During a war between the bishop of Utrecht and the count of Holland Oudewater was severely damaged during a siege in 1349 (see for example the Divisiekroniek of Cornelius Aurelius (Leiden 1517) fol. 212 recto). Oudewater held a strategic position a the junction of the rivers Linschoten and Hollandse IJssel. In 1281 the bishop of Utrecht pledged Oudewater and some other possessions for 6000 livres tournois to the counts of Holland (OHZ IV, 1938 (1281 January 24)). The bishops of Utrecht never were able to repay this sum, and thus Oudewater remained until 1970 a town in Holland. On June 19, 1572, Oudewater was captured by Adriaen van Zwieten, and it became one of the earliest cities in Holland to side with William of Orange. On July 19, 1572 Oudewater participated with sixteen other cities in the first independent session of the States of Holland at Dordrecht, a landmark in the long struggle of the Low Countries with Spain, the Eighty Years War that lasted until the Westphalian Peace (1648).

Oudewater 1575

Engraving by Frans Hogenberg of the atrocities in Oudewater, 1575 – Amsterdam, Rijksmuseum, collectie Historieplaten Frederik Muller – see http://www.geheugenvannederland.nl/

The change of sides in June 1572 and the presence of Oudewater at the historic session in Dordrecht a month later had undoubtedly been noted by the Spanish authorities in the Low Countries. The locations of Dutch cities had been chartered quite recently by Jacob van Deventer, the cartographer charged by the Spanish king Philipp II with a large-scale cartographical project. The surviving maps have been digitized in the Biblioteca Digital Hispánica. When Spanish forces approached Oudewater in August 1575, an ultimatum was sent urging the city council to surrender. By sheer misfortune this ultimatum was not properly understood. On August 7, 1575 the city was set to fire and many citizens were ruthlessly murdered. Only the church of St. Michael’s and a monastery did escape the devastations. These events clearly affected also the survival of historical records. With much support from nearby cities such as Gouda Oudewater was quickly rebuilt. The results of this building campaign are still visible in the center of the city which looks indeed rather unified if you look closely enough. The destruction of the original buildings, and presumably also of many historic records, explains the tendency to stick to some acclaimed stories and events. Archival records concerning Oudewater can in particular be found at the Regionaal Historisch Centrum Rijnstreek in Woerden and at Het Utrechts Archief in Utrecht. The survival of written records plays a role, too, in the project of Sophie Oosterwijk and Charlotte Dikken on the floor slabs of St. Michael’s at Oudewater.

Of witches, historians and tourists…

Perhaps I had start here better with stating my relative unfamiliarity with the history of witchcraft. As a historian I have kept this subject on purpose on a safe distance, but in the end there is no escape from it, in particular because the subject of persecution and trials is not far away from the main territories of legal historians.

Debunking some part of history is nothing special, nor is it my aim to expose any mystification. Others have done this thoroughly for the Witches Weigh-House. Under the pseudonym Casimir K. Visser the exiled German journalist and historian Kurt Baschwitz (1886-1968) published the study Van de heksenwaag te Oudewater en andere te weinig bekende zaken (Lochem, [1941]; online at the Dutch Royal Library). Baschwitz pointed to an inspection in 1547 of the weights used at the weigh-house, a fact adduced by earlier historians, but actually a normal procedure which says nothing about any special use. He notes the careful avoidance in the certificates of any reference to a belief in witches, witchcraft, sorcery and similar things. Baschwitz referred to Johannes Wier (around 1515-1588), the famous Dutch physician who fought against superstitions, Wier did not mention Oudewater at all in his 1563 treatise De praestigiis daemonum nor in his De lamiis (1577). Both books were often reprinted and appeared in translations. Balthasar Bekker (1634-1698), too, did not credit Oudewater with any special role in his famous book De betoverde weereld (1691). Baschwitz published in 1963 his great study Hexen und Hexenprozesse. Die Geschichte eines Massenwahns und seiner Bekämpfung (Munich 1963)Hans de Waardt reviewed the historiography concerning Oudewater and witches in his article ‘Oudewater. Ein Hexenwaage wird gewogen – oder: Die Zerstörung einer historischen Mythe’, Westfälische Zeitschrift 144 (1994) 249-263 (online (PDF) at the Internet Portal Westfälische Geschichte). De Waardt wrote his Ph.D. thesis on sorcery and society in the province of Holland, Toverij en samenleving in Holland, 1500-1800 (diss. Rotterdam; The Hague 1991).

For the study of Johannes Wier Dutch readers can benefit from the marvellous recent study by Vera Hoorens, Een ketterse arts voor de heksen : Jan Wier (1515-1588) [A heretic physician for the witches, Jan Wier (1515-1588)] (Amsterdam 2011). On Balthasar Bekker Johanna Maria Nooijen published in 2009 “Unserm grossen Bekker ein Denkmal”? : Balthasar Bekkers ‘Betoverde Weereld’ in den deutschen Landen zwischen Orthodoxie und Aufklärung (Münster 2009).

It might be useful to mention the special website of the main Dutch historical journal Bijdragen en Mededelingen betreffende de Geschiedenis der Nederlanden / Low Countries Historical Review where you can search online in the issues from 1970 to 2012. As for searching literature for European history you will no doubt gain information and insights at the portal European Historical Bibliographies maintained by the Berlin-Brandenburgische Akademie der Wissenschaften. A number of current historical bibliographies presented at this portal can be consulted online. For the history of the city and province of Utrecht you can use the online bibliography at SABINE which in a number of cases provides also links to digital versions of articles and books.

Researching the history of witchcraft

When it comes to studying the history of witches and witchcraft I must confess to start at almost zero. It is years ago that I read a monographic study on witchcraft, and this particular study, Lène Dresen-Coenders, Het verbond van heks en duivel : een waandenkbeeld aan het begin van de moderne tijd als symptoom van een veranderende situatie van de vrouw en als middel tot hervorming der zeden [The pact of witch and devil: an Early Modern fallacy as a symptom of a changing situation for women and as a means to reform morals] (diss. Nijmegen; Baarn 1983) did not convince me at all. Perhaps I was simply wrong in choosing to read this book with its overlong title and its hypotheses which still seem to me farfetched. In fact I kept away from a whole group of Dutch historians doing maatschappijgeschiedenis, “history of society” who favored studies of minorities to detect changes in mentality. Any exclusive focus still makes me frown, but the history of mentalities and cultural history in general is of course fascinating and most valuable.

If I was to start nowadays doing research on this theme I would look first at such fine guides as the section on Hexenforschung at the German history portal Historicum.net. Klaus Graf is the moderator of a useful mailing list on witchcraft research. You can also point to a succinct thematic bibliography provided in Dresden, the Dresdener Auswahlbibliographie zum Hexenforschung, which unfortunately has not been updated since 2004. In Tübingen the Arbeitskreis interdisziplinärer Hexenforschung sets an example of bringing several disciplines together. Unfortunately Jonathan Durrants’ online Witchcraft Bibliography was not available when writing this post. Older literature up to the end of the twentieth century can be found for example in a bibliography preserved at a website of the University of Texas. For Flanders Jos Monballyu (Kortrijk) has created a fine online bibliography and a selection of relevant sources concerning witch trials. He has written many studies about witches and traced many criminal sentences concerning them in Flemish archives. The Cornell University Witchcraft Collection is most useful with its bibliography and digital library.

In American history the Salem Witch Trials (1692) offer a fascinating window on early American society. You can find many documents online, in particular at the Salem Witch Trials Documentary Archive and Transcription Project (University of Virginia), at Douglas Linder’s Famous Trials website and at a portal dedicated to the events in 1692 with a digital collection of books and archival records. The perceptions of behavior and the attempts at dealing with such behavior in courts of justice, not to forget the changing perceptions of justice, are among the elements which make the persecution of witches, witchcraft and sorcery interesting for legal historians.

Of course these examples can be multiplied, but this would far exceed the boundaries of a blog post. Here I have sketched only the outlines of things worth exploring further. I called Oudewater a Dutch lieu de mémoire. In the book series Plaatsen van herinnering sofar five volumes have appeared since 2005 which follow for my country – albeit somewhat belated – the example of Pierre Nora’s seminal Les lieux de mémoire (3 vol., Paris 1984-1992). This interest in historical places and the ways events are remembered at particular places help us to remember history and legal history, too, happened to people in particular times and places, and not just somewhere as a part of a supposed or real historical process. Even a small building in a dreamlike preserved old town can relate to larger events. The scenic old streets of Oudewater was the scene of some very real events, but they are the background, too, for a very stubborn tradition of perceived history. The living memory and the construction or even invention of (parts of) history related to a particular place tell us the fascinating history of the uses of history, changes in perceptions and the construction of identity in time and space.

One of the things that make me uneasy in writing about witchcraft is the sheer proliferation of literature on this subject. Many scientific disciplines occupy themselves with sorcery and witchcraft and its history. It is very easy to miss a whole range of interpretations stemming from a particular corner or country. The road of using bibliographies is long. Sometimes it seems attractive to take a shortcut which in the long run does not bring you much further. Legal history should pay due attention to colored perceptions and distortions of historical facts and events in order to keep an open eye for its own pitfalls, shortcomings and blind corners.