Tag Archives: Germany

At the passing away of Peter Landau

Peter LandauEvery year the death of scholars in the field of legal history makes you reflect about the very different paths scholars pursue in their research. Over the years I try here not to look only at their scholarly achievements, but also at the way they lived, their human qualities and attitude. Sometimes it is challenging to give a complete picture of someone in view of his many activities. With Peter Landau not only a scholar of medieval canon law has passed away. The Monumenta Germaniae Historica and the Max-Planck-Institut für europäische Rechtsgeschichte announced his passing on Thursday May 23, 2019. Here I will look briefly at his scholarly career and publications, and I will tell about my personal experience with him in Munich.

From Berlin to Munich

Berlin was the place of birth of Peter Landau (February 26, 1935), but you must mention a lot of other towns in Germany and abroad when you want to do him justice. You will find the main dates of his life in the curriculum vitae on the website of the Stephan-Kuttner-Institute for Medieval Canon Law. Landau studied from 1953 onwards law, philosophy and history in Berlin, Freiburg im Breisgau and Bonn. In 1956 he got support from the Studienstifitung des deutschen Volkes. He stood his first federal juridical examination (Erstes Juristisches Staatsexam) in Cologne in 1958. In 1960 he became an assistant at the university of Bonn. Guided by Hermann Conrad he defended in 1964 his dissertation on the canonical concept of infamy, published as Die Entstehung des kanonischen Infamiebegriffs von Gratian bis zur Glossa ordinaria (Cologne-Vienna 1966). His PhD thesis brought him in 1965 to Yale University where he worked with Stephan Kuttner, not only for the preparation of his second dissertation (Habilitationsschrift), but also as a lecturer on canon law. In 1968 he defended his study on the role of church patrons in medieval canon law, published seven years later [Ius Patronatus. Studien zur Entwicklung des Patronats im Dekretalenrecht und der Kanonistik des 12. und 13. Jahrhunderts (Cologne-Vienna 1975)].

Peter Landau hold his first tenure as a law professor from 1968 to 1987 at the very new university of Regensburg, founded in 1962 and really starting in 1967. In these years he was twice a guest lecturer in the United States, at Berkeley in 1977 and in Chicago in 1984. He declined the call in 1983 to succeed Helmut Coing at the university of Frankfurt am Main. It will not do mentioning here all academic honors bestowed on Peter Landau. His membership of the Bavarian Academy of Sciences led him in 1986 as their representative to the board of directors of the Monumenta Germaniae Historica (MGH), a role he had until 2014. In 1987 he became a professor of law at the Ludwig-Maximilians-Universität München in the surroundings of the Leopold-Wenger-Institut für Rechtsgeschichte. His major role in the field of research concerning medieval canon law is clear from his presidency of the Society for Medieval Canon Law (1988-2000) and his presidency of the Stephan-Kuttner-Institute of Medieval Canon Law since 1991.

In Munich

When you look at the list of Peter Landau’s publications, even when only updated until December 2014, the years in Munich gave him the space and time for many publications despite a growing number of other tasks and duties. In July 1992 Landau hosted the quadriennial International Congress of Medieval Canon Law. By chance I had planned to work in Munich for my own thesis in June 1992. Even during the weeks of preparation for this congress other things continued as well. I attended the seminar Landau held on Anglo-American legal philosophy. I remember helping the staff with sending out by post the final congress mailing. The congress was a great event, not just a chance to meet people, but also a gathering of scholars from different disciplines all bringing their light on medieval canon law.

Rather unexpectedly the Institute of Medieval Canon Law had to move from Berkeley, and in 1995 Munich was chosen as its new home. At a meeting in May 1995 with Peter Landau he asked me whether I would like to help with the new start of this research institute, and in particular with creating again a functioning library with the scholarly collection of Stephan Kuttner. Early 1997 I came to Munich to start with this task. Imagine yourself surrounded by hundreds of large boxes, many of them containing books, others offprints, letters and microfilms! Peter Landau set the direction of the things to do and just as important, he showed his confidence in me. His connection to the MGH helped to get quickly support from its library staff in creating an electronic catalogue. He urged me to attend also a seminar of his colleagues in the Abteilung A of the Wenger Institute, by any account Germany’s focus of research into Roman law. One of the most amazing things about Peter Landau was his absolutely marvellous ability to change focus and to go straight to the matters at hand, be they the very heart or important details. He smiled when his secretary Hille Sachtler gave him his daily map with letters to sign. Details about conciliar canons and papal decretals were literally within his reach in his large office lined with walls of files concerning legal collections and about ongoing research projects he was involved in.

Creating critical editions of important texts in the field of medieval canon law is one of the most urgent needs in this field, but also an often daunting task, even for the experts of the Kuttner-Institute. Peter Landau edited with the late Rudolf Weigand and Waltraud Kozur a late twelfth century summa, Magistri Honorii Summa ‘De iure canonico tractaturus’ (3 vol., Città del Vaticano 2004-2010). He saw the completion of another summa edition, again with Weigand, Kozur, Martin Petzolt and Karin Miethaner-Vent and others, of the Summa ‘Omnis qui iuste iudicat’ sive Lipsiensis (5 vol., Città del Vaticano 2007-2018). The presence of these editions is among the most important developments in the field of ongoing research into medieval canon law.

You will soon be aware of the sheer width of Landau’s scholarly interest when you look at the different subjects and periods he addressed in his publications. The number of journals he contributed to is impressive in itself. It is a surpise to note his article on ‘Karl Marx und die Rechtsgeschichte’, Tijdschrift voor Rechtsgeschiedenis 41 (1973) 361-371. A number of his articles concerning canon law have been reprinted with updates in the volume Kanones und Dekretalen. Beiträge zur Geschichte der Quellen des kanonischen Rechts (Goldbach 1997). You can find his contributions on many more themes in the volume Europäische Rechtsgeschichte und kanonisches Recht im Mittelalter. Ausgewählte Aufsätze aus den Jahren 1967 bis 2006 (Badenweiler 2013). Last year a volume appeared with 40 articles showing also his interest in German law of the tweo last centuries [Deutsche Rechtsgeschichte im Kontext Europas (Badenweiler 2018)]. He was the editior and co-editor of a number of volumes with articles on a variety of themes. His book on the foundations and history of Protestant church law shows another theme of his publications, Grundlagen und Geschichte des evangelischen Kirchenrechts und des Staatskirchenrechts (Tübingen 2010)Catholic Bavaria proved to be a most welcome and respectful home for the Protestant Landau.

Peter Landau showed his interests in many ways. His time was precious indeed. Very often he succeeded in asking immediately the right questions. It is reassuring to know he readily made time free for a beer in a nearby Biergarten when guests left Munich after a research visit. While reading my musings I noticed that I left out some very personal memories of Peter Landau which I really like to keep private, but I can assure you they show him at his most helpful. Let’s remember Peter Landau for his energy, his vision for the study of medieval canon law, his legacy as a teacher and a prolific author. In him we have lost a man of many qualities.

 

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A German gateway to applied Early Modern sciences

Start screen Fachtexte (detail)There is a great difference between articles and monographs presenting the latest thought and results of new experiments on one end of the scientific world, and at the other end popularised science in cheap books and leaflets. A blog offers both the possibility to publish early results of new research or to bring synthesized contributions aiming at a wide public. Legal historians can feel the seduction to look only at the developments which in our eyes brought decisive changes, but discontinuity and continuities are all parts of one world. Faithful readers will no doubt know about my interest in digitized pamphlets. Legal pocket books have appeared here, too. In this post I will look at a genre which in my view stands nicely between both poles of attraction. The German portal Fachtexte offers scientific text books from the Early Modern period which aimed at presenting practical knowledge for several disciplines. The project is an offspring of the Kallimachos portal for digital humanities of the department for German linguistics at the university of Würzburg. Legal works are included in this project. The very word Fachtexte cries out for an English equivalent, yet another reason besides the linguistic approach to look at this initiative from Würzburg.

For anyone wondering how I encountered this project I must give you a very simple answer. It is not the first time that I found a notice about an interesting project at the Archivalia blog of Klaus Graf (RWTH, Aachen). On many occasions Graf adds some remarks about a project, often concerning open access, easy or cumbersome navigation and durability of links. Sometimes guest posts appear, too, but the majority of posts stems from this most active archivist.

The attraction of variety

Wordle at FachtexteThere is a third factor making a tour of the Fachtexte project interesting. On the start screen of the German website you will find at the right a wordle with the disciplines represented in the digital collection. The dimensions of a discipline are equal to its numeric presence. Law and jurisprudence loom large here, but they are accompanied by other disciplines. A second thing to note immediately is that this project does not primarily or only touch technical matters, dictionaries and handbooks.

In order to establish a correct English translation of the concept Fachtexte we might as well look at some of the other disciplines. Rhetorik und Formularbücher remind us of the role of rhetorics and formularies in law. With Bergbau und Metallurgie you will encounter mining law. Wirtschaft und Handel, economy and trade are not far away from legal theory and legal business. In the title of this blog I opt for applied sciences as a valid way to render faithfully the scientific discipline behind the texts under discussion. In German and Dutch you have the words Fachliteratur and vakliteratuur, literature for a particular discipline. Only the Dutch German and Lithuanian version of Wikipedia have an entry about this genre.

Legal books for daily business

Logo Fachtexte, Würzburg

Let’s not wait too longer before proceeding to legal books! You can click on Jurisprudenz in the wordle or choose this subject in a more regular list of the Sachbereiche. In this list of subject fields law and jurisprudence are the fifth discipline with 363 digitized items. Medicine scores almost one thousand items, nearly a quarter of the 4,200 digitized items. Apart from the general search field on top of the screen there is also a search page Werke (works) where you can browse alphabetically or in chronological order for works. On a similar page for authors you can search for them, and search also author biographies. The page Datenbankabfrage (database search) gives you a number of search fields and clickable preset filters. You can perform here quickly searches for digitized items from a particular century, printing location or providing institution. The Bayerische Staatsbibliothek, Munich and the Staats- und Landesbibliothek Dresden provide respectively 883 and 824 items, a third part of all items. The project in Würzburg offers no items from its own university library. Using this search mask you get not only particular results, but also a nice visual representation of related information.

For the sixteenth century you will find nearly 1,100 items and for the seventeenth century 2,900 items. I wondered a bit about the presence of medieval items, but the Fachtexte project does indeed also include some digitized manuscripts. In two cases you will be directed to a text-only version of a text in the colorful and multilingual Bibliotheca Augustana of Ulrich Harsch in Augsburg. In other cases the German Wikisource provides online versions of texts.

The earliest legal text in the Fachtexte project is perhaps surprisingly the Sachsenspiegel (“Mirror of Saxony”), the thirteenth-century treatise about Saxon law by Eike von Repgow. My surprise is the fact this text certainly contains more a description of law than legislation or doctrine, yet it received the honor of several (!) series of glosses. The Monumenta Germaniae Historica in Munich published in recent years editions by Frank-Michael Kaufmann of the “Buch’se Glosse”, the gloss created by Johann von Buch, for the Landrecht (2002) and the Lehnrecht (2006), and also the Kürzere Glosse (2009) and the Längere Glosse (2013). There is even an accompanying glossary [Glossar zum Buch’sen Glosse (3 vol., 2015)]. In 2014 appeared Maike Huneke’s book on Iurisprudentia romana-saxonica. Die Glosse zum Sachsenspiegel-Lehnrecht und die Anfänge deutscher Rechtswissenschaft (Wiesbaden 2014; MGH Schriften, 68). Huneke argued this gloss is the first scientific product of lawyers of Saxony concerning the law of their own region. Earlier Bernd Kannowski had already underlined in his study Die Umgestaltung des Sachsenspiegelrechts durch die Buch‘sche Glosse (Wiesbaden 2007; MGH Schriften, 56) the way the glosses change the nature of this work radically. It seems the team at Würzburg finds the closeness to regional law of the Sachsenspiegel – and also of the Schwabenspiegel for Swabia – a sign of closeness to legal practice. The Schwabenspiegel has been fitted into several categories.

For the Fachtexte portal other late medieval Landrechte, regional law books, and Stadtrechte, municipal law books, have also been included in the legal section. For the fifteenth century there is for example a German version of the infamous Malleus maleficarum, the seminal work about supposed witches, Von den Unholden oder hexen (1489), and an imperial ordinance on the quality of wines (Ordnung unnd satzung über weynne, 1498). When you click on the link for the latter text you will see indeed two categories in the meta-data for this incunabula edition. The last incunabula edition of a legal text is most interesting, a book by Johannes Sleidanus about Plato’s view of (city) government, Eine kurtze summa oder Jnhalt der Platonischen Lere (1500).

Among the legal books from the sixteenth century is a great diversity of ordinances, books on feudal law and other treatises. it might be worthwhile to look here at some books that fit into more than one category. There is a Rhetorik vnd Teutsch Formular In allen Gerichts Händlen by Ludwig Fruck from 1530 dealing with rhetorical devices and legal formulas for all kind of actions in courts. An earlier edition of this book with the title Teütsch Formular, wie mann in Gerichts-Sachen Brieffe unnd Instrument stellen mag (1529) definitively should have been listed also under jurisprudence. Having easy access at Fachtexte to a list with works on rhetoric makes it possible to check for such matters. With Johann Haselberg’s Der Vrspruncg gemeynner Berckrecht (1535) we encounter a very early treatise on mining law.

Comparing categories of Fachtexte is a fruitful exercise. It leads also to some results which need further investigation or seem open to criticism. The group of legal books shows for 1552 a Kirchenordnung (ecclesiastical ordinance) by duke Johann Albrecht I of Mecklenburg tagged for both law and theology. A quick check in the theological corner shows a 1543 edition of a work by Andreas Osiander, Kirchenordnung. Wie es mit der Christlichen Lehre, heyligen Sakramenten und allerley andern Ceremonien (…). I will refrain from delving here into major publications by leading theologians in the German Reformation, but I am sure that Osiander’s work, first published in 1533, was adopted by the princes of several German regions. In a number of cases official publications such as city law books are listed at Fachtexte as works without an author, but an indication they were issued by on behalf of a particular authority is no luxury.

Legal practice in Early Modern Germany

With a book by Heinrich Knaust with a very particular title, Fewrzeugk gerichtlicher Hendel und Ordnung (Erfurt 1558) we finally see the kind of book I would expect here, a treatise aiming to distill information from medieval works by authors such as Henricus de Segusio (Hostiensis) (around 1200-1271), Johannes Andreae (around 1270-1348) and Nicolaus de Tudeschis (Panormitanus) (1386-1445) which he mentions in the long title of his work. The very first word of the title, Fewrzeugk or Fewerzeugk is intriguing. At the German dictionary portal Wörterbuchnetz it is explained under Feuerzeug, meaning a flintstone. In a recent study by Piotr Witmann, «Der da sein Practic auß Teutschen Tractaten will lernen». Rechtspraktiker in deutschsprachiger Praktikerliteratur des 16. Jahrhunderts (Frankfurt am Main, etc., 2015; Rechtshistorische Reihe, 458) Knaust and other sixteenth-century authors of practical legal works are discussed. Knaust appears in this section with more works aimed at legal practicioners. I could not help spotting that the digitized copy at Munich is part of the collection with the abbreviated siglum J. pract., “Jus practicum”.

Titlepage Kriehsbuch by Leonhard Frosnsperger, 1571 - image BSB, Munich

A different combination of categories is found in a work by Leonhard Fronsberger, his Kriegßbuch, present at Fachtexte with editions from 1571m 1573, 1578. Only the last edition is apart from the label Militär und Kampfkunst [Military and martial arts] labeled as a legal work. If you browse the edition 1571 you will see for yourself that the title starts emphatically with Vom kayserlichem Kriegsrechten. The first part of his work is concerned with legal matters, the organization of fighting units, military law and the authority of officers. I will not trouble you here with the question of correct labelling, but it is a matter of some concern indeed. Among the best known books for legal practitioners are the manuals for inquisitors and witch hunters. You will find here a number of them here, and also a translation of Jean Bodin’s De la demonomanie des sorciers (first edition, Paris 1580) into German by Johann Fischart, published in 1581 as De Daemonomania magorum : Vom Außgelassnen Wütigen Teuffelsheer der BesessenenHere it has been overlooked that this 1581 edition already mentions Fischart as translator, and not only in the 1591 edition. It seems that some basic matters have not always been correctly recorded. However, the inclusion of multiple editions helps to correct such infelicities.

It is tempting to show your more interesting books, but I would like you to find them yourself. I could not resist mentioning the Newe Bauordnung des Fürstenthumbs Würtemberg, a building ordinance issued in 1587 by the duke of Württemberg. It contains a number of articles you would expect in late nineteenth-century legislation to control building companies. The famous Reinheitsgebot, a Bavarian ordinance from 1516 on beer brewing, is not included in the section Weinbau und Bierbrauerei. However, you will encounter ordinances for apothecaries, for architects, forest ordinances, a treatise discussing the legal or illegal nature of alchemy, ordinances for millers and much more. I leave it to you to discover here works from the seventeenth century, where you will surely find results as interesting as those selected here from the sixteenth century.

Some conclusions

It is brave to attempt select works for more than thirty different disciplines, be they close to the medieval artes mechanicae or to modern occupational manuals, or closer to popular versions of standard works for fields such as law, medicine, theology and mathematics. One of the strengths of the Fachtexte portal is the combination of categories which helps you to look beyond the normal borders of a particular discipline. Widening your horizons is not a bad quality for any project!

Fachtexte is part of a far more encompassing project in Würzburg, Kallimachos, which takes its name from one of the librarians of the ancient library of Alexandria. It brings together a number of linguistic projects, but also for example a project to study school plates, Schulwandbilder. It will be interesting to look into that project for legal iconography. However, I am happy to present here this project concerning applied sciences, because mirabile dictu you cannot find the Fachtexte project with the search function at the Kallimachos platform. One of the lessons in this post is the need to accept – once again, with relief or more neutral! – the fact you cannot find everything yourself. We should be thankful to those people who surf the oceans of online knowledge and share their discoveries as regularly as Klaus Graf!

A true professor: Knut Wolfgang Nörr, legal historian and lawyer

Knut Wolfgang NörrIn the midst of all kind of things, not only preparing new posts for this blog, I read news which made me pause for thought, and more than that. It is truly sad to hear that Knut Wolfgang Nörr passed away on January 15, 2018. Last week Thomas Duve, one of the directors of the Max-Planck-Institut für europäische Rechtsgeschichte in Frankfurt am Main, wrote a brief message about Nörr’s death on the institute’s website. At the university of Tübingen his colleague Jan Schröder wrote a somewhat longer but still very concise in memoriam with however a very full treatment. In fact it is hard to believe you can tell anything about him with so few words. When you look at the enlarged version of the portrait photo it is even more striking how he looked almost unchanged over the years. Here I would like to share a few of my memories of meeting Professor Nörr many years ago, and I will briefly look at his work in the field of medieval canon law. I am sure they show sides of him which are equally telling about his person, his life and achievements as a scholar as more profound obituaries which he truly deserves.

A true professor

Jan Schröder succeeds wonderfully in creating a most lively image of Knut Wolfgang Nörr (1935-2018), a man of many gifts. Legal historians tend to see him as a major specialist in the field of medieval canon law, but he made also important contributions to the study of contemporary German law. It was Stephan Kuttner who guided his first research in the field of medieval ecclesiastical law, resulting in his first book around a theme connected with the Council of Basel, Kirche und Konzil bei Nicolaus de Tudeschis (Panormitanus) (diss. Munich 1960; Cologne 1964). Nörr used here the person of the Sicilian canonist Niccolò de Tedeschi (1386-1445) as a focus for a study of views on the balance between church and councils. His versatility became soon visible in his Habilitationsschrift on the position of judges within Early Modern legal procedure, Zur Stellung des Richters im gelehrten Prozess der Frühzeit: Judex secundum allegata non secundum conscientiam judicat (Munich 1967). Nörr became in 1966 a professor at Bonn, and went in 1971 to Tübingen where he would stay despite several alluring calls from other universities.

Combining the history of legal procedure and medieval canon law became a hallmark of his work, but he was equally equipped to study the history of German law, for example with a pioneering study of private law during the Weimar Republic, Zwischen den Mühlsteinen : eine Privatrechtsgeschichte der Weimarer Republik (Tübingen 1988), and crowned with a study on the history of economic law in post-war Germany, Die Republik der Wirtschaft : Recht, Wirtschaft und Staat in der Geschichte Westdeutschlands (2 vol., Tübingen 1990-2007). The results of his research were published also in a steadily flow of articles, a number of those concerning civil procedure were republished in the volume Judicium est actus trium personarum : Beiträge zur Geschichte des Zivilprozessrechts in Europa (Goldbach 1993).

In the field of medieval canon law he looked in particular at the way the papacy used law, not only in papal decretals, letters with decisions by papal delegates, usual bishops or abbots, but also at the courts of the papal curia in Rome. Looking at the titles of his articles and their sequence it shines through how he delved new roads to look at the relevant sources. The importance of his work on medieval procedure is perhaps most visible in the creation of the series Der Einfluss der Kanonistik auf die europäische Rechtskultur, Orazio Condorelli et alii (edd.) (4 vol., Cologne-Weimar-Vienna 2009-2014) in which three volumes deal with legal procedure. Thanks to Knut Wolfgang Nörr the very substantial role of canon law in legal procedure is taken into account in any study of the history of legal procedure, an achievement very much also following his teacher Stephan Kuttner who stressed the role of medieval canon law for criminal law.

Some personal notes

I had promised you not to look only at the publications of Knut Wolfgang Nörr, but seeing this overview helps you to understand what a towering figure he was, certainly in the eyes of a young graduate student. In summer 1991 I came to Tübingen for a period of research for my Ph.D. thesis. My second supervisor, Alain Wijffels (Leiden and Louvain-la-Neuve) had helped me to get support from the university of Tübingen. I had made an appointment at the law faculty, but I was not quite prepared for what happened next. Nörr welcomed me friendly, assuming I would defend my thesis at Leiden University, quod non, but after telling him about my purpose and study plan he did something else, too. He gave me the name of a student assistant whom I could contact for practical matters, and he walked me to the university library. In a seemingly old-fashioned but very effective way he introduced me to the staff of the department for rare books and manuscripts. Twenty-five years ago the electronic library catalogue at Tübingen was still in an early phase, and not all old works had yet been entered. Therefore he handed me the old hand written catalogue of legal books, and urged me to look it through completely before starting with reading specific medieval and Early Modern works.

To illustrate the riches of Tübingen’s university library for legal history Nörr told me a story about another visitor. On a certain occasion he had taken Domenico Maffei, a connaisseur of old legal books, to the library stacks, and left him with the old legal books. After half an hour Nörr looked for Maffei, and found him still between the stacks, murmuring again and again: “Scandalo, scandalo!”. “What is the scandal?”, Nörr asked him, and Maffei answered the scandal was not the stunning presence of many rare books, surprisingly often with more than one copy, but the fact this collection had survived the ages and now was only seldom used.

The Bonatzbau (1912) of Tübingen University - image Wikimedia Commons

I spent part of the following summer again in Tübingen to benefit from the rich holdings of the university library. For at least one particular genre of Early Modern legal books it would be impossible to write its history without taking the collections at Tübingen into consideration, but it is closer to the truth to say that only the Universitätsbibliothek Tübingen made me thinking about this genre. I hope to follow and complete my investigations. Most of all, I cherish the foundations I could lay for such research thanks to the gentle support of Professor Nörr and the efforts of the library staff.

A second loss

While musing about my fond memories I remembered another thing. Knut Wolfgang Nörr belonged to a family with three of Germany’s best lawyers, a Dreigestern (three-star). Last year Dieter Nörr (1931-2017), too, passed away. In my Munich years I worked at the Abteilung B for German and Bavarian legal history of the Leopold-Wenger-Institut für Rechtsgeschichte, but luckily I was also in touch with the department for the legal history of Classical Antiquity in its fullest extent. Dieter Nörr, his colleagues and the marvellous library for ancient law ensure that yearly many young scholars come to Munich. For me it was striking to see during the famous Roman law seminar the similarities between the two brothers, in particular his humility and humour in admitting something was too difficult for him to solve. The In Memoriam on the institute’s website says infinitely more about him.

A true professor inspires not only by his research, teaching and publications, but with his whole person, his behaviour and way of living. Knut Wolfgang Nörr set an example of questioning existent views, immersing himself in the matters at stake and charting new territories, and perhaps above all, taking interest in people and sharing his curiosity and wisdom. Even in the few times I met him these qualities were visible. The community of legal historians has lost again one of its giants. Let’s keep alive the sparkle that lived so strong in Knut Wolfgang and Dieter Nörr!

E.T.A. Hoffmann, writer, composer, draughtsman and lawyer

Startscreen E.T.A. Hoffmann portal, Staatsbibliothek zu Berlin

The huge influence of German science and culture on the development of history as an academic discipline in the nineteenth century is something taken for granted. The image of a German professor lost in abstract thought in a country yearning for its romantic past is almost a caricature. However, not only professors walked through German university towns. In this post I will look at a well-known German writer who was also an active lawyer, serving as a judge. In December 2016 the Staatsbibliothek zu Berlin-Preussischer Kulturbesitz launched the beta version of the E.T.A. Hoffmann portal. On December 12, 2017 its final version was revealed. Not only in Berlin events are currently organized around Hoffmann. Let’s look what will fit into one post!

A man of many talents

At the portal you will find the following quote by Hoffmann: “Die Wochentage bin ich Jurist und höchstens etwas Musiker, sonntags, am Tage wird gezeichnet, und abends bin ich ein sehr witziger Autor bis in die späte Nacht”, on weekdays I am a lawyer and at the best a tiny bit musician, on Sundays I am drawing, and in the evening I am a very funny author until late night. I fear any attempt at a short biography of Ernst Theodor Amadeus Hoffmann (1776-1822) will inevitably be much longer than this one revealing description. Hoffman was born in Köningsberg (now Kaliningrad). In 1792 he started studying law, but soon he used also his musical talents as a teacher. His study went well, bringing him already early on to Berlin, but he worked also in Poznan, Plock and Warsaw, in that period part of Prussia. A rather successful period in Poznan, where some of his compositions were received well, ended with an affair around anonymous caricatures behind which one suspected rightly Hoffmann.

The arrival of the French to Warsaw in 1806 brought a temporary end to his career as a Prussian servant. Eventually he settled in Bamberg as a conductor, and later he worked in the city theater. In 1816 he became a Kammergerichtsrat, but he unsuccessfully kept trying to work as a conductor, too. Meanwhile Hoffmann had started writing literary works. Under the restoration regime after the Napoleonic period he had in Berlin from 1819 onwards rather surprisingly the task to investigate people suspected of subversive plans. Hoffman used his knowledge of a particular case in his story Meister Floh, but he was charged with unlawful behaviour because he had allegedly publicized matters he was not allowed to divulge as a state official. Just before his case went on trial Hoffmann died after a prolonged illness.

If anything this brief overview shows in a nutshell many aspects of life and culture in Germany from around 1790 to around 1820. It is characteristic of Hoffmann to be aware of the many sides of his short life. Hoffmann’s sketch from 1815 of the Gendarmenmarkt in Berlin, the Kunz’scher Riss, is presented at the portal as an interactive map bringing you to a life with many facets. Hoffmann lived nearby this central square in Berlin with the Nationaltheater. In the following paragraphs I will look only at some sections of the Hoffmann portal, but in fact you can find interesting matters in every corner.

Earning his bread with law

During his short life Hoffmann earned most of his bread as a lawyer. The portal has a large section E.T.A. Hoffmann als Jurist by Hartmut Mangold. Hoffmann studied law only in Königsberg, and for just three years. We are used to German students visiting several universities during their student years, sometimes to hear the lectures of a particular professor, sometimes for other qualities of a city. Hoffmann made such rapid progress that he could start very quickly with the practical part of his legal education, first in 1795 as an Auskultator (hearer) at Glogau, and from 1798 onwards as a Referendar in Berlin. He earned enough praise to follow his career in 1800 as an assessor (judge) at the Obergericht of Poznan (Posen). However, within a month he had to move to the small town Plock because of the affair with the caricatures. The two years at Plock were unhappy, but his efforts were recognized by his superiors who sent him in 1804 as a Regierungsrat to Warsaw. The French occupation of Warsaw in 1806 ended a lucky period of hard work as a judge combined with eager cultural activities.

In 1814 Theodor von Hippel, a former friend from Königsberg, helped him to work again as a judge, first at a kind of minimum wage as a voluntary at the Berlin Kammergericht. Only after two years he got the full normal salary. His hard work brought him in 1819 a call to become a member of the special investigation committee, and in 1821 he moved to a rank at the coveted appeal court, the Oberappelationssenat. Mangold looks at Hoffmann’s views of the Schmolling case to assess his views as a judge in criminal cases. Hoffmann carefully analyzed a medical consultation which deemed Schmolling was not liable for his actions. In a following section you will see Hoffmann as a very conscientious member of the special committee which stood as one man against political influence and overruling by higher authorities. The committee had the task of a public attorney to bring legal actions against supposed offenders of the restrictions on political freedom. The committee saw in almost every case no criminal offense which could led to further persecution. He had to deal for example with Friedrich Ludwig Jahn, the man behind the popularity of gymnastics in Germany, often nicknamed Turnvater Jahn, who brough a case for defamation against Albert von Kamptz, a high Prussian official, who had slandered his name anonymously in two newspapers.

Hoffman dealt in a humourous way with Albert von Kamptz in his story Meister Floh [Master Flea]. The story ended with the dismissal of the mischievous official who had created a case out of a few words. However, Von Kamptz recognized himself quickly in Hoffmann’s publication, and started a disciplinary action against him with the argument that Hoffmann had broken his duty to reveal nothing from official procedures. Hoffmann defended himself by pleading for poetic freedom. He died before a trial against him could start. Mangold rightly stresses the way in which Hoffmann conformed to the ethos of Prussian law and lawyers.

Drawing instedd of si a signature

A self-portrait drawing by Hoffmann instead of just signing a letter – collection E.T.A. Hofmann-Archiv, SBPK, Berlin

Writing about Hoffmann I noticed how my enthusiasm to know more about him and about his work as a Prussian lawyer steadily grew. You had better look yourself! A major part of the portal is a digital library for many of his works and papers. You will find letters, editions of his work, portraits, manuscripts, music scores, drawings and ex libris. In the corner Kurioses you will all kind of matters, from a massive wine bill by a Berlin firm to some funny drawings. Hoffman twice kept a diary, during 1803 and 1804 at Plock, and in the years spent between 1809 and 1815 in Bamberg, Dresden and other towns in Saxony.

It is great to find on this portal chapters accompanying the sections of the digital library. Thus you are enabled to look both at for example Hoffmann’s views on music as a discerning critic, gaining even approval and thanks from Beethoven, and at his compositions. His most successful opera Undine had a successful premiere in 1816 and gained high praise from Carl Maria von Weber, but unfortunately the Schauspielhaus burned down after the fourteenth performance. It marked the end of his career as a composer. Earlier on Hoffmann had changed his third name to Amadeus, a fair measure of the importance of music for him.

Logo Kalliope-Verbund

Large sections of the portal are devoted to research on Hoffmann. You can for example look at an attempt to reconstruct his personal library. His juridical books were restricted to almost exclusively works on contemporary Prussian law. I assume he used in Berlin other books from the library of the Kammergericht. I had expected to find legal materials also in the digital library of the Hoffmann portal, but these are simply absent, nor in printed form or in manuscript. Among all the qualities of the portal I missed references to the services of the Kalliope-Verbund, housed at the Staatsbibliothek in Berlin, the great database with a German and English interface for searching personal papers and manuscripts of famous persons in the German-speaking world held by archives, libraries and museums. The Kalliope database rightfully alerts you to materials concerning Hoffmann in a substantial number of collections, with of course the Staatsbibliothek zu Berlin-Preussischer Kulturbesitz at the first place.

Hoffmann in Berlin, Bamberg and Düsseldorf

The Staatsbibliothek in Berlin is the home of the E.T.A. Hoffmann archive. The Staatsbibliothek Bamberg, too, has holdings concerning Hoffmann. At the website of this library is a selection of drawings, early editions and letters. A look at the German Wikipedia page for Hoffmann brings me to a link for more works by Hoffman digitized at Bamberg. The page on Hoffmann as a lawyer leads only to the edition of his juridical works by Friedrich Schnapp [Juristische Arbeiten (Munich 1973)] and one article by Stefan Weichbrodt, ‘E.T.A. Hoffmann (1776 bis 1822)’. Juristische Schulung 2008/1, 7-13 . Luckily Mangold gives us more at the Berlin portal. The E.T.A. Hoffmann Gesellschaft has made Hoffmann’s house in Bamberg into a museum. You can see six virtual exhibitions at their website, including one about the story of Meister Floh and its impact. With interfaces in seven languages you are bound to read something on the website of the Hoffmann Society which you can understand sufficiently.

In the last section I will turn to another story by Hoffmann which is now the heart of an exhibition at the Heinrich-Heine-Institut in Düsseldorf, Nussknacker und Mausekönig (Nutcracker and Mouse King), with much attention for the modern drawings for this story by Sabine Friedrichson. Hoffmann was and is famous for his certainly for Germany pioneering grisly tales. Combined with elements from other stories by Hoffmann a script was created for Tchaikovsky’s Nutcracker ballet, surely one of the most enduring and beloved ballet scores. Les contes de Hoffmann by Jacques Offenbach is an opera in which at least two stories by Hoffmann have been used to create its libretto.

Some contemporaries concluded Hoffman was a bewildering figure, not to be taken seriously, but Hoffmann gained also admiration for his stories and music. Contemporary lawyers took him most seriously. If you look for some moments at Hoffmann’s life in a country suffering from the Napoleonic wars and its conservative aftermath you will recognize how sharp he saw the very different elements of life, war and society. In a romantic era his figure might at first seem romantic. but there is good reason to agree with Rüdiger Safranski in his masterful study Romantik. Eine deutsche Affäre [Romanticism. A German affair] (Munich 2007) that Hoffmann was a sceptic phantasy writer (“ein skeptischer Phantast”). In 1984 Safranski published a biography of Hoffmann with the same subtitle.

In this post with in the last paragraph a reference to a ballet which nowadays belongs to a particular period of the year, I bring you indeed to the end of this year. When you are weary of legal history, listening to Tchaikovsky’s Nutcracker or reading some of Hoffmann’s tales will hopefully bring you some moments of delight and wonder.

New ways to medieval city registers

Screenprint Stadtbücher

How do you get the larger picture? Almost with a sigh we often long to see wide vistas, yet at the same time we want to zoom in while looking at a panorama of particular things. In this post I will look both at a repertory of particular sources, medieval and Early Modern city registers, for one country, Germany, and at an attempt to create a similar overview for medieval Europe. Last week I was alerted to the project for Germany, but this week I noticed also the project for a wider overview, and comparing the two projects is the most natural thing to do.

Efforts in Germany

The German project for Deutsche Stadtbücher has a subtitle in Latin, Index Librorum Civitatum. On closer inspection this portal can indeed be viewed in German, English and Latin. As for now the Latin is restricted to the headings of fields and filters. The project is the fruit of cooperation between the Deutsche Forschungsgemeinschaft, the history department at the Universität Halle-Wittenberg and the Cologne Center for eHumanities (CCEH). The portal offers four main entrances to search: cities, city registers, literature and archives. The word Archives stands here for holding institutions, not only archives, but also libraries. You can also use a free text field search. It is possible to search only for digitized registers, too. An extra is offered in the expert search mode, and you can also use an interactive map. This map can be used with some filters, but it seems a number of them is not yet active. However, you can go to a second interactive map, the DARIAH-Geobrowser which enables you to filter for periods and series of Stadtbücher. The loading of the results takes some time… On the main map you can select other countries as well. The database has for example currently entries for two Dutch cities, Kampen and Groningen. It is great to have bibliographies for many cities.

City registers or municipal registers is a very broad term. The strength of this project is certainly the creation of eleven categories, ten categories with in four of them attention for those registers most dear to legal historians, court registers, statutes and bylaws, council registers, and the classic registers for acts and charters (cartularies). In the eleventh category you will find everything which does not clearly fit into one of the other categories.

In such a vast project, spanning five centuries, you will find inevitably aspects which are either exhaustively or rather sparingly covered. Project leader Christoph Speer explains at his staff web page that for some Bundesländer he could build on the work of Reinhard Kluge in the former DDR for 450 cities with 70,000 registers, and he refers to a number of publications about the project and German city registers.

Getting a larger view

In 2014 I wrote here about a number of projects for the digitization of Dutch and Flemish city registers, in particular court registers and council deliberations. I discussed projects for Leuven, Liège, and ‘s-Hertogenbosch (Bois-le-Duc). I briefly mentioned some maritime registers at Amsterdam and a project for medieval charters in Tilburg. The Leuven project Itinera Nova is supported by the municipal archive and the Universität Köln. Especially when I looked at the map of the Stadtbücher project in which a center of this university is one of the main partners I wondered for a few moments why Leuven is not mentioned, but it is better to look first of all within the limits set for the Stadtbücher project.

Having within your reach a good and consistent repertory for one country is a fine thing, but often we set out to search for a digital version of one particular source, instead of going first to a relevant repertory. In this context it is perhaps a blessing in disguise that until recently I had not found many digitized medieval municipal registers. I had noticed a French project, Le Petit Thalamus de Montpellier, and a Scottish project, Law in the Aberdeen council registers, 1389-1511. In my 2015 post about portals for medieval history I mentioned briefly the section Paris médiéval at Ménestrel with much attention to legal documents. By the way, similar section at Ménestrel for Lissabon is promising, but has not yet reached this level.

However, very recently I encountered the project Registres des déliberations municipales au Moyen-Âge: La voix des assemblées [REGIDEL], a project concerning cities in Southern France led by the Telemme laboratory at Aix-en-Provence. On November 24, 2017 the symposium Enregistrer les conflits. Pratiques délibératives et scripturales des conseils urbains en temps de crise (XIIIe-XVe siècles, Europe méridionale) [To note conflicts. Practices of deliberation and scriptural practice in urban councils in times of crises, 13th-15th centuries, in Southern Europe] took place. The project blog contains articles about cities such as Turin, Toulouse, Digne and cities in the Emilia-Romagna, in particular for Bologna.

A companion to the REGIDEL project has got its own acronym, MUAR, for Medieval Urban Assembly Records, nothing less than a projected repertory for urban council records in medieval Europe. Like REGIDEL it is currently a blog at the Hypotheses platform. The website aims at becoming an archival and biographical repertory of municipal registers, with a focus on council registers, covering the period from the late twelfth to the early sixteenth century. The interface is in English, French and Italian. Currently there are sections reserved for France, Italy, the Iberian peninsula, the German empire, Britain and Ireland, the Low Countries and other countries. The striking feature here is the wish to classify cities in one region. For a moment I thought the team behind MUAR had fallen into the trap of placing cities in regions which successively were ruled by different rulers, but they mean current regions, for France even the départements.

When I checked the various headings I found partially the same cities as mentioned above for REGIDEL. For Italy you can find Perugia, San Gimignano, Bologna, Reggio Emilia and L’Aquila. Orvieto is the most recent addition, but it has not yet been included in the section for Italy. Most links in this post are internal references. So far Marseille is the only French town in MUAR. All other sections are under construction. For each town a timeline of important events is provided. I decided to check the page for Bologna, a town which figured here in a number of posts, for examples concerning Italian city statutes and municipal ordinances. In one post I portrayed Bologna also as a center of legal history when discussing two projects in Bologna for the digitization of medieval legal manuscripts. In this post I mentioned for the Archivio di Stato di Bologna the digital version of the Estimi di Bologna di 1296-97, records estimating the properties of Bolognese citizens, and the Liber Paradisus, a register about the liberation of nearly six thousand slaves at Bologna in 1257. The MUAR project does mention the critical edition of the Liber Paradisus by F.S. Gatta and G. Plessi, Liber paradisus. Con le riformagioni e gli statuti connessi (Bologna 1956), but not the digital version. The Estimi do not figure at all, nor the digitized Registro grosso (1116-1380) and the Registro nuovo. It is tempting to say the team at MUAR has not yet realized how daunting their objective is, but we can read the notice telling the team is looking for scholars willing to cooperate with them. In view of the German project it seems wise they change from a blog to an online database to enhance search possibilities.

For Italy one can benefit from the Scrineum project of the universities of Pavia and Verona, and more specifically from the Atlante della documentazione comunale italiana (secoli XII-XIV). This Atlante certainly does not cover all Italian towns, but you can find entries for cities such as Genua, Asti, Vercelli, and in particular for Florence. Scrineum provides you with background essays about notaries and libri iurium, and with essays on types of municipal legislation, with text examples from Genua and Florence. Is it safe to assume that there are various groups of historians dealing with legal documents in medieval Italian towns, and that every group has a particular focus? Instead of taking you with me through all kind of resources I had better translate words of Paolo Cammarosano: “As for municipal libri iurium for which there is now a prospect of the creation of a repertory and successively editions, the analysis to be done must reckon with great complexity, different articulations, mixing of matters and outright disorder (…)”, a quote from his article ‘I libri iurium e la memoria storica delle città comunali’, in: Le scritture del Comune. Amministrazione e memoria nelle città dei secoli XII e XIII (Turin 1998) 95-108, online at Rete Medievali Open Archive. The impression of a quick search for literature on libri iurium in the online bibliography of the Regesta Imperii is that of a wide variety of publications focusing on a fairly restricted number of Italian cities.

 In the wake of earlier projects

One of the questions to ask for both the German and the French-Italian project is the presence and use of earlier printed repertories and related projects. For the Stadtbücher the team could rely on a project for the Bundesländer in the former DDR as a substantial point of depart. On a European scale fifty years ago a team with a great role at the start for two Dutch scholars, J.F. Niermeyer and C. van de Kieft, edited the first volume of the Elenchus fontium historiae urbanae (Leiden 1967), a project for sources before 1250. The first volume deals with Germany, Belgium, the Netherlands and Scandinavian countries. The other volumes cover France and Luxemburg (vol. II.1, 1996), Great Britain and Ireland (vol. II.2, 1988), Austria (vol. III.1, 1992) and Hungary (vol. III.2, 1997). On the website of the Commission Internationale pour l’Histoire des villes (CIHV) you can find PDF’s with the preface and overview of the contents of the volumes I and II.2. The Elenchus contains selected texts for the early history of medieval towns. The CHIV also stimulated the creation of country bibliographies.

For Germany it is easy to mention recent and earlier works. Ulrich-Dieter Oppitz published the massive repertory Deutsche Rechtsbücher des Mittelalters (3 vol. in 4 parts, Cologne 1990-1992), in itself a successor to the earlier work by Carl Gustav Homeyer, Die deutsche Rechtsbücher des Mittelalters und ihre handschriften (Berlin 1856; online, Hathi Trust Digital Library; text only, German Wikisource) and his earlier Verzeichnis from 1836 (online, Bayerische Staatsbibliothek, Munich). Both works deal with legal treatises such as the Sachsenspiegel and Schwabenspiegel, but they look also at the laws of individual cities. A number of Rechtsbücher, influential municipal laws, and Schoffensprüche (decisions of aldermen) figure in the online version of the Repertorium Geschichtsquellen des deutschen Mittelalters under the heading Stadtrecht. I invite you to check also for example at Archivportal-D and the Archives Portal Europe for all kinds of city registers, for they can offer a quick way to relevant registers, too.

Many Dutch rechtsboeken have been edited by member of the Society for Old Dutch Law. Some of the nineteenth-century editions in the first series of editions will not quite stand the proof of modern textual criticism, but at least a large number of them has been digitized at Heidelberg for the Textarchiv accompanying the online version of the Deutsches Rechtswörterbuch. It would be a good thing to create an overview of these texts, the original sources and whenever possible their current digital presence.

To conclude this contribution, proposing the creation of either a national or an European overview of city registers in their various forms is one thing, creating them in a sensible and feasible way implies thorough reflection on many matters before even starting such a project. Overviews of one particular source genre can be most useful, but you cannot lift a source or a genre out of their context completely without impairing in the end historical understanding. This consideration works certainly as a factor which makes scholars rightfully hesitant to cooperate in such projects. The fact that you work with partners from other countries will surely help to widen your horizon and question your assumptions. Let´s wish all courageous scholars who nevertheless join these projects wisdom, good luck and stamina!

A postscript

My view of the German project Stadtbücher is rather positive, but it is right to add at least one comment from Klaus Graf at Archivalia who criticizes the working of the filters and the absence of information for some German regions, in particular Baden-Württemberg. In my opinion the north of Germany is covered massively, for other regions you can clearly wish for more. For Saxony you can benefit from the Gerichtsbücher database for some 22,000 registers concerning voluntary jurisdiction, for example property sales, mortgages, custody and wills.

I spotted in open access the most valuable article on Magdeburger Recht by Heiner Lück in the Handwörterbuch zur deutschen Rechtsgeschichte III (2nd ed., Berlin 2013) col. 1127-1136.

Encircled by knowledge: New life for old encyclopedias

Banner Enzyklothek

In happy and carefree moments you can be tempted to think that only the internet made it possible to have all possible kinds of knowledge within you reach. However, for centuries having a compact or massive encyclopedia on the shelves of your personal library seemed already to warrant this vision. Lawyers were no strangers to this opinion as I showed in a post about Early Modern legal encyclopedias. Interestingly there is a movement to recreate the world of old encyclopedias. In this post I want to look at some projects which bring you to online versions of older encyclopedic works. Some of them are still familiar among historians, others will come as a surprise.

On digital and real shelves

Logo Seine Welt Wissen

Among the Early Modern works that you might still turn to is at least one German work. I confess I had not quite realized how voluminous the Grosses vollständiges Universal-Lexikon aller Kunste und Wissenschaften by Johann Heinrich Zedler (1706-1751), published in 64 volumes between 1732 and 1750, followed by a supplement in four volumes. In 2006 two German libraries held an exhibition in his honour, Seine Welt Wissen. Enzyklopädien in der Frühen Neuzeit [Knowing your world. Encyclopedias in the Early Modern age]. This year I could use the Zedler in its online version provided by the Bayerische Staatsbibliothek in Munich to expand scarce information about members of a family in Kleve who served the Brandenburg government of this duchy. The makers of the 2006 exhibition drily note the Encyclopédie ou dictionnaire raisonné des sciences. des arts et métiers by Diderot and D’Alembert has only 17 volumes with 72,000 articles on 23,000 pages, whereas Zedler serves you 290,000 articles on 68,000 pages.

Before exploring other works it is fair to look quickly at the great Encyclopédie and its current digital availability. Foremost among its modern incarnations is the searchable version offered by the team of ARTFL in Chicago. Its editors, Robert Morrissey and Glenn Roe, immediately mention the 11 volumes with illustrations that set this encyclopedia apart from all its predecessors and contemporary competitors. These plates and the character and quality of the contributions still command respect and admiration. The editors at ARTFL count 74,000 articles on 18,000 text pages. The information about supplements published after 1772, links to forerunners of the Encyclopédie, a bibliography and other essays enhance the ARTFL version which stands out for the search possibilities of Philologic4.

More traditionally looking at first sight is the ENCCRE online version recently created by the French Académie des Sciences, with modern introductions and search facilities using a corrected Wikisource transcription. The acronym ENCCRE is a French pun on the word encre, ink. The Encyclopedia project for an English translation at the University of Michigan, too, offers more than a strict rendering from French into English. The plates can be quickly searched at Planches. Lexilogos does a great job in offering both the ARTFL and ENCCRE versions, and adding links to the text-only version in the French Wikisource, and last but not least to the digitized original volumes at Mazarinum, the digital library of the Bibliothèque Mazarine in Paris. This copy is used at ENCCRE, too.

In the limelight

Zedler and the Encyclopédie deserve scholarly attention and quickly accessible modern versions, but other valuable works can readily be found. Let’s look at a few websites which bring you both to other general encyclopedias and to works focusing on specific scientific disciplines. Let’s go straightforward to the heart of this post, a tour of the wonderful German Enzyklothek. A few years ago I had briefly visited this portal, and I put it aside with the impression it does not contain much for legal history. However, this time I became intrigued by its sheer coverage, and I marvelled at its holdings.

Peter Ketsch launched the Enzyklothek Historische Nachslchlagwerke in 2014. He offers access to digital versions or information about printed works in five sections: bibliographies, secondary literature, general encyclopedias, encyclopedias for specific disciplines, and biographic dictionaries. The sixth section for dictionaries is empty, a reminder you cannot expect everything at one portal. First of all it was a surprise for me to find here bibliographies. You will find here a number of entries concerning national bibliographies, but also some items for individual authors. For legal history I found in this corner only Rolf Lieberwirth’s study Christian Thomasius. Sein wissenschaftliches Lebenswerk. Eine Bibliographie (Weimar 1955). Among the bibliographies for specific disciplines Rechts- und Staatswissenschaften (disciplines concerning law, jurisprudence and government) are only announced, but alas no items have yet appeared under this heading. The general section on bibliographies starts with just one work from the late sixteenth century, and to me the choice of works in this section seems rather at random but nevertheless interesting. The section Enzyklopädistik with historical overviews and bibliographies of encyclopedias and specialised dictionaries is much richer.

The section Sekundärliteratur contains a more personal mix of things. In the corner with websites it is good to note the projects at Wolfenbüttel and Braunschweig for a virtual recreation of the Thesaurus eruditionis and similar works, and also Welt und Wissen auf der Bühne, a project about Early Modern works which used the metaphore of the theatre, a project I discussed here, too. For the legal disciplines Ketsch mentions just three titles in this part of his portal, on various subjects, from Zeremonialliteratur, texts written by lawyers about official ceremonies, to economical treatises and their forerunners, the Hausväterliteratur. By the way, here Ketsch indicates titles can appear in more rubrics. At this point the question about using either rubrics or a form of classification using a thesaurus or another form of tagging entries, and a second question is the choice for a database versus single pages. The search function clearly suggests the presence of a database, but the tagging of entries could be more generous. However, you can apply multiple filters for author, title, year, location, publisher and language. For the genre Hausväterliteratur there are now 784 entries. A section such as the one concerning publications about single medieval encyclopedic works contains nearly 4,000 items. As for now there is a total of 21,000 titles in this database. Whatever the quality of the coverage, the quantity of entries commands respect. For many entries Ketsch has added links to translations in other languages, reference works and bibliographies. In some cases you will see a series of incunabula editions of works, this seems too much of a good thing, even for Diogenes Laertius’ Vitae phlosophorum.

We must proceed now to the heart of Ketsch’s website, the general and specialized encyclopedias. For the general encyclopedias there is a division in periods (Antiquity, Middle Ages and Early Modern) and in entries for several modern languages. The presence of works in Danish, Swedish and Norwegian is a most welcome addition. In the section with Dutch encyclopedic works I encountered several books which you do not encounter often. In this respect it is good to see more popular and educational works. For the legal disciplines Ketsch mentions three German Konversationlexikons, in particular Herman Wagener’s Neues Conversations-Lexikon. Staats- und Gesellschafts-Lexikon (23 vol., Berlin, 1859-1867) was a massive project followed by modern successors. Ketsch scores by guiding you also to studies about the genre of the Konversationslexikon. If you want to know more about the Zedler Ketsch gives you some thirty publications.

The biographical section of the Enzyklothek shows national biographies for twenty countries, showing their rich history from printed works to online databases. The subsection with women’ biographies contains some eighty titles, almost exclusively translations of and studies about Boccaccio’s De claris mulieribus. I had hoped for a very different content… At this point I must alert to Ketsch’s invitation for anyone interested to help him with his project.

How show one judge the merits of the Enzyklothek? The Swiss project on Enzyklopädien, Allgemeinwissen und Gesellschaft [Encyclopedias, general knowledge and society] stopped adding entries after the launch of Ketsch’s website. The overview of works of the Swiss project, launched in 2001, offers an alphabetical list of authors, a chronological overview and a drop down menu for particular genres. Its strength lies in the descriptions of works and the attention to the context and variety of encyclopedic works.

Logo N-ZyklopThe project N-Zyklop (Universität Trier) which started in 2005 is another attempt at a full-scale database for finding encyclopedias. I checked here for works concerning Law (Recht). At first I was bewildered by the wide choice of works concerning trade and the presence of some biographical dictionaries, but you will find also the Vocabularium jurisprudentiae romanum by Otto Gradenwitz and other German scholars (Berlin 1903-1939). In particular the first edition of Jacob Bes’ Scheepvaarttermen. Handboek voor handel en scheepvaart (Amsterdam 1949) seemed gone astray, but in its multilingual version it became a classic work for maritime law, Chartering and shipping terms (1951). With some 5,000 entries and the possibillity to search for Dewey Decimal Classification codes in the advanced search mode N-Zyklop is certainly worth a visit, even if you have to translate the German terms used for every DDC code.

Lists versus databases

While preparing this post I thought I had spotted in the Enzyklothek an entry for the digitized version of the Lexikon für Kirchen- und Staatskirchenrecht, Axel von Campenhausen et alii (eds.) (3 vol., Paderborn, etc., 2000) in the section Digi20 of the Digitale Sammlungen of the Bayerische Staatsbibliothek, but I looked at the wrong place, and thus I was at first unable to retrace it. Finally I realized I had seen it in the German Wikisource list of online encyclopedias and lexicons. This work brings me to the final section of this contribution for a quick comparison of the specialized encyclopedia websites with the lists of encyclopedias offered at Wikisource. Some of my readers might well ask why I choose not to start with them. The main reason for my choice is the fact the lists at Wikisource and Wikipedia are not always the fruit of systematic and methodic search, but there is a clear degree of control, and thus the information can be most useful. In fact I had expected the name of a very conscious and active contributor to the German Wikisource as the main author or coordinating editor of this splendid list.

The German Wikisource page for encyclopedias has a section on Politik und Recht, politics and law. When you look at the works mentioned on it the Enzyklothek clearly is deficient. Among the notable works is the Deutsches Staats-Wörterbuch by Johann Kaspar Bluntschli and Karl Brater (11 vol., Stuttgart-Leipzig, 1857-1870). Bluntschli’s draft for a civil law code of the Swiss canton Zürich influenced the Schweizerisches Zivilgesetzbuch designed by Eugen Huber (1907). Bluntschli is better known as one of the founders of the Institute for International Law-Institut de Droit International. You will find als the first three editions of the Staatslexikon published by the Görres-Gesellschaft since 1887, with the eight edition now being published. Even today one can benefit from Emil Seckel’s continuation of the Heumanns Handlexikon zu den Quellen des römischen Rechts; the sixth edition (Jena 1929) has been digitized in Sevilla (PDF, 80 MB).

I would have been most happy to report here on the wealth of information in the English and French Wikisource for legal encyclopedias, but alas this is not possible. The English Wikisource bring you to the first edition of a single multivolume work, The laws of Engeland, being a complete statement of the whole law of Engeland (31 vol., London, 1907-1917) by the Earl of Halsbury, an encyclopedia from beginning to the end and nevertheless avoiding this word in its title. The English Wikipedia lists five online legal encyclopedias. For completeness’ sake I note that the similar French and Ukrainian Wikisource pages do not give you any legal encyclopedias, but the Russian Wikisource mentions three legal encyclopedias. It is only logical the German Wikisource has also an interesting page Rechtswissenschaft for digitized old laws and older legal works. Both the various Wikisources and Wikipedias as resources in open access gain everything from the input and efforts of contributors. In my view it is wrong not to take them as serious as other encyclopedias in print or online.

Some conclusions

This rapid tour of legal encyclopedias taught me a few things. Apart from my preference to delve into old books it is simply important to realize the great encyclopedias in print and online of our century have many forerunners, a number of them taking much space on your shelves. The famous ones had their competitors, but there was also a market for abridged versions. It is good to see you can often hardly distinguish between legal encyclopedias and legal dictionaries. Another thing is almost a returning refrain here: do not stay content using just one major resource for any subject. The question of languages is a second thread on my blog. The use of the translation tool in a particular web browser from an omnipresent IT firm helps you to get at least a rough idea of contents, and it teaches you knowing a language inside out does help you in many ways. The books on early economic thought and their focus on running a household is a welcome reminder economics only started in the nineteenth century to claim an existence as a science. Private law has captured more attention from legal historian than public law, and this bias, too, becomes more clear thanks to these projects.

Last but not least the predominance of German resources in this post is indeed due to my familiarity with German research. For German legal historians having the second edition of the Handwörterbuch zur deutschen Rechtsgeschichte in front of you on your computer screen as HRG Digital has been a major qualitative step, although you have to subscribe to it or find a university library with a license for this online resource. It is one of the dictionaries containing much more than you would expect. There is also a printed version of the second edition. It is fitting to end here with the efforts of Gerhard Köbler in Innsbruck, who has not only published a number of historical legal dictionaries, but also maintains a massive portal on German and Austrian law and legal history, including for examples concise biographies of many lawyers. Köbler prefers web pages above a database. As for libraries with collections of Early Modern legal works, and increasingly also digital collections, you will not stop me pointing here regularly to the Max-Planck-Institut für europäische Rechtsgeschichte in Frankfurt am Main.

Love and natural law

Homepage Natural law project, Universität ErfurtSometimes a title can be very evocative or curious. When I read about an upcoming conference about Love as the principle of natural law. The natural law of Johann Gottlieb Heineccius and its context at Halle on November 24 to 26, 2016, I simply wanted to know more about this event. What is the connexion between love and law? What is the role of love in or for natural law? In this post I would like to make a foray into the history of natural law, an important movement in the European legal history of the Early Modern period. The event at Halle is organized by the platform Natural Law 1625-1850, an international research project led by scholars at Erfurt, Halle and Bayreuth.

Love is the word

The project Natural Law 1625-1850 aims at studying natural law as a phenomenon which connect law with other disciplines, such as philosophy, political thought, theology and the arts. Natural law as a concept or a set of ideas gained importance not only in Western Europe but also in North and South America. To help achieving this aim the project website will eventually contain digitized sources, a scholarly bibliography and a biographical database, all surrounded by a scholarly network with accompanying events.

Portrait of J.G. Heineccius

Portrait of Heineccius by Christian Fritzsch in his “Opera posthuma” (1744) – Herzog August Bibliothek, Wolfenbüttel / Porträtdatenbank Franckesche Stiftungen, Halle

The conference in Halle has as its objective getting Heineccius out of the shadows cast by his much more famous colleague Christian Wolff (1679-1754). In fact the main venue of the conference, the Christian-Wolff-Haus at Halle, is the very house where Johann Gottlieb Heineccius (1681-1741) lived for some years, too. Heineccius’ major book concerning natural law, his Elementa iuris naturae et gentium (1737) was certainly as influential as any of Wolff’s publications. Before you start arguing that the scope of this conference is rather small, it is good to be aware of a second conference organized by the platform around the theme Sacred Polities, Natural Law and the Law of Nations in the 16th-17th Centuries (Budapest-Olomouc, November 10-12, 2016). Exactly the impact of natural law across the borders of Northern and Southern Europe, continental and common law, and the exchanges between Protestant and Catholic Europe will be discussed at this event.

One of the reasons to focus on Heineccius is the simple fact that although his works both in the field of Roman and natural law are famous enough, his own life and career and the development of his views is still a field to be discovered. Luckily there is at least one modern biography by Patricia Wardemann, Johann Gottlieb Heineccius (1681-1741). Leben und Werk (Frankfurt am Main, 2007). In the first edition of Michael Stolleis’ Juristen. Ein biographisches Lexikon. Von der Antike bis zum 20. Jahrhundert (Munich 1995) Klaus Luig did not mention at all in his contribution Heineccius was first trained as a theologian before he started studying philosophy and law. In this respect the concise article by Rolf Lieberwirth for the Neue Deutsche Biographie 8 (1969) 296-297 is better. The online version of this article at the portal Deutsche Biographie has as great assets direct links to various online projects in which persons appear. The conference program has a judicious mixture of contributions focusing on the person of Heineccius on one side, and on the other side papers discussing in particular his impact in various European countries. Alas only the introductory lecture by Knut Haakonsen and Frank Grunert, with Diethelm Klippel founders of the platform, will address directly the theme of love as a principle of natural law. Here Klaus Luig’s short biographic article is helpful with a terse note that Heineccius meant love as a command of God. Natural law tends to be viewed as an attempt to build a legal system without massive reliance on Christian religion or at the best a decidedly Protestant legal order. Luig adds that precisely this religious character made Heineccius’ views also interesting for lawyers in Catholic countries.

Heineccius published his work in Latin whereas Wolff became famous for his use of German in his learned publications. He gained even praise for his excellent grasp of Latin. Interestingly, there is a modern German translation of Heineccius’ Elementa iuris naturae et gentium by Peter Mortzfeld, Grundlagen des Natur- und Völkerrechts, Christoph Bergfeld (ed.) (Frankfurt am Main, 1994). One of the things that merit attention when looking at natural law is the interplay between theology, philosophy and law. Maybe natural law deserves our attention exactly because it forces you to see legal history in a wider context.

Searching for portraits of Heineccius luckily brought me to the English translation by George Turnbull (1741, 1763) of Heineccius’ Elementa iuris naturae et gentium, now available online in the Online Library of Liberty. The modern introduction to this translation offers a welcome sketch in English of Heineccius’ views and the role of love as a guiding principle. It becomes clear he saw love not as an infatuation, an affinity or an Affekt, but as “the desire for good”, working in our relations to God, ourselves and other people.

Natural law has its attractions as offering a supranational foundation beyond existing legal systems, but in reality either religious influences or Roman law became their actual source. In this respect attempts to create a system for natural law are flawed, but they offer for historians fascinating views as a kind of projection screen for the vision of the lawyers working in this direction. For me it is also the changing character of nature itself that has made me cautious about natural law and its supposed independence of existing forms of law and justice.

A Frisian connection

Banner Franeker Universiteit

Another reason for me to look at Heineccius is the period he spent at the university of Franeker between 1723 and 1727. The university of Franker existed from 1585 to 1811. Heineccius quickly came into contact with for example Cornelis van Bijnkershoek. He wrote a preface to Van Bijnkershoek’s Observationes iuris Romani in the edition Frankfurt and Leipzig: ex officina Krugiana, 1738. In the licensed database of the Corpus Epistolarum Neerlandicarum (Royal Library, The Hague and Picarta) I could find just one letter to Heineccius written by Tiberius Hemsterhuis (Leiden, UB, BPL 3100). Using the search portal for Dutch archives I could find Heineccius as one of the people mentioned in the correspondence now part of the StadhouderlijkerArchief kept at Tresoar, the combined Frisian archive and provincial library at Leeuwarden.

Alas I checked in vain for Heineccius in several online projects dealing with Early Modern correspondence and networks. The project Cultures of Knowledge give you a selection of relevant links. Only the Kalliope Verbund has records for a few letters to and by Heineccius in the holdings of German libraries. The Archivportal Deutschland mentions a portrait of Heineccius and a letter of king Friedrich Wilhelm of Prussia from 1737 who did not allow Heineccius to become a professor at Leiden. Just like the university of Harderwijk Franeker was for a considerable number of professors only a stop to go to either Utrecht or Leiden. The letter at the Bayerisches Hauptstaatsarchiv in Munich [BayHStA, Gesandtschaft Haag 2532] is also traceable through the portal of the Deutsche Digitale Bibliothek, but there is no access to a digitized version of this document. By the way, the Bibliografie van hoogleraren in de rechten aan de Universiteiten van Groningen en Harderwijk tot 1811, B.S. Hempenius-Van Dijk et alii (eds.) (Amsterdam 2013) can be downloaded as a PDF, as is the case, too, with the volume Bibliografie van hoogleraren in de rechten aan de Utrechtse Universiteit tot 1811, edited by Margreet Ahsmann, Robert Feenstra and Corjo Jansen (Amsterdam, etc., 1993). You will spot several professors who climbed from minor universities to the most famous! It has to be said that these volumes do not offer complete bibliographies in the sense librarians and book historians use this term. They should be seen as extensive finding lists with descriptions of copies of the works of these professors found in major libraries around the world. Robert Feenstra wrote an extensive bibliographical article about Heineccius in the Low Countries, ‘Heineccius in den alten Niederlanden : Ein bibliographischer Beitrag’, Tijdschrift voor Rechtsgeschiedenis 72 (2004) 297-326, and Klaus Luig, too, should be mentioned again, now with his article ‘Heineccius, ein deutscher Jurist in Franeker’, Tijdschrift voor Rechtsgeschiedenis 77 (2011) 219-227.

Heineccius in context

If you want to delve into Frisian history the website of Martin Engels contains lots of transcriptions of documents on many subjects, including the history of the university in Franeker. In the corner Iuridica of his colourful website Engels presents things of more general interest for legal historians. He has created a webpage with the contents of the Practisijns woordenboekje by Franciscus Lievens Kersteman (Dordrecht 1785), a concise glossary of Dutch legal terms. There is a page about the Soevereine Raad or Hof van Gelre in Roermond, a court in the province Guelders. For Frisian legal history Engels made extracts for a glossary of Frisian law in the Early Modern period from S.J. Fockema Andreae, Proeve van een woordenlijst der aan Friesland (onder de Republiek) eigene bestuurs- en rechtstermen (Leeuwarden 1967). The very core of his website are pages about the copy at Leeuwarden of a sixteenth-century collection of legal treatises, the Oceanus iuris, meaning the Tractatus universi iuris or Tractatus illustrium (…) iurisconsultorum (Venetiis 1584-1586), originally donated in the early seventeenth century to the university of Franeker. Engels scanned and indexed the lists of authors in the Oceanus iuris. I wrote here about this massive legal collection and its forerunners in an earlier post. When studying publications by lawyers from Franeker it is useful to look at the Bibliografie van hoogleraren in de rechten aan de Franeker universiteit tot 1811, Robert Feenstra, Theo Veen and Margreet Ahsmann (eds.) (Amsterdam 2003). Personal reasons forced Heineccius to return to Germany. The website on the history of the Franeker Universiteit contains concise but interesting information centered around the Museum Martena in the historical buildings of the Martenastins, a stately mansion in Franeker from 1506. I did not spot Heineccius among the selection of portraits of professors on this website. A search in the rich online databases of the Dutch Rijksbureau voor Kunsthistorische Documentatie in The Hague yielded no results for Heineccius.

Banner IZEA, Halle

In the team of scholars leading the project on the history of natural law between 1625 and 1850 Frank Grunert (Halle) is clearly the one closest to the German luminaries of the eighteenth century. At the Interdisziplinäres Zentrum für die Erforschung der Europäischen Aufklärung of the Universität Halle he leads the projects for the modern critical edition of selected works of Christian Thomasius (1655-1728) and his correspondence. Eventually the volumes of the edituion of Thomasius’ letters will be put online. The website of the IZEA can be visited in German, English and French. There is also a digitized version of a current bibliography for Thomasius [Bibliographie der Thomasius-Literatur 1945-2008 (Halle 2009); PDF], and you might also want to use Gerhard Biller, Wolff nach Kant. Eine Bibliographie (2nd edition, Halle 2009). Among the recent publications of the IZEA the Handbuch Europäische Aufklärung: Begriffe, Konzepte, Wirkung, Heinz Thoma (ed.) (Stuttgart 2015) stands out, a volume with fifty contributions about central concepts, ideas and the impact of the Enlightenment.

The IZEA is located in the former Rote Schule, the building of the girls school on the grounds of the famous Franckesche Stiftungen zu Halle, the institution which supported the influential pietist movement started by August Hermann Francke (1663-1727), becoming eventually a major phenomenon in German culture. Its buildings survived the DDR period, but it is still chilling to see the highway above street level directly opposite the beautiful grounds and buildings. The Franckesche Stiftungen have created a fine portrait database in which you can find images of many German people. In the digital library of the Franckesche Stiftungen I did notice the Epistolar Franckes, a project for digitizing Francke’s correspondence, but currently there is no trace of Heineccius. Let’s not forget to mention that the Universitäts- und Landesbibliothek Sachsen-Anhalt in Halle is one of the libraries participating in the project VD18, the overview of eighteenth-century German imprints. Its digital library contains a number of Heineccius’ works. The Repertorium Alba Amicorum contains records for the entries in 1719 of Heineccius, Wolff and Francke himself in the album of Immanuel Petrus Geier [Halle, Frankesche Stiftungen, Archiv: AFSt/H D 133].

Within the project Natural Law 1625-1850 four scholars look at German universities (Frank Grunert, Diethelm Klippel, Heiner Lück and Gerhard Lingelbach); Wilhelm Brauneder will focus on universities in Austria. For other countries individual scholars come into action. I would have expected more information on the project website in the very month two scholarly events take place, but perhaps the energy of the organizers was focused for good reasons on these events! Hopefully the attention to the European context of the great figures in the history of natural law and their interest in and connections with other disciplines will lead to interesting results.