Tag Archives: Japan

Two laws and one trial

Banner The Amboyna Conspiracy TrialSometimes even a history blog cannot escape from current affairs, but the opposite happens, too: a historical event comes unexpectedly into view and you keep thinking about it. A few weeks ago I encountered the project The Amboyna Conspiracy Trial (Monash University) about a famous trial in 1623 on the island Ambon, part of the Moluccas islands in the southeastern part of the vast Indonesian archipelago, close to Sulawesi, East Timor, New Guinea and Australia, thus explaining the interest of a team at an Australian university led by Adam Clulow. Among the partners for this project launched in 2016 were the Roy Rosenzweig Center for History and New Media at George Mason University, the Dutch Nationaal Archief in The Hague and the India Office Records of the British Library. The website of the project invites the users to ponder the question on which side they stand. In particular the educational aspects of this website merit attention. Here I use both Ambon and Amboina to refer to the island.

Yet another reason to write here about the Dutch East India Company is the upcoming exhibition at the Nationaal Archief in The Hague, De wereld van de VOC [The World of the VOC] that will be on display from February 24, 2017 to January 7, 2018.

A clash of emerging empires

Poster "De wereld van de VOC" - Nationaal \archief, Den Haag

The story of the trial in 1623 is seemingly simple and straightforward. The Dutch authorities on the island Ambon, officials of the Dutch East Indian Company, arrested a Japanese soldier who had behaved suspiciously. Under torture he and fellow Japanese mercenaries confessed to know about a conspiracy of the English to capture the Dutch fortress. In a span of two weeks Englishmen, too, were captured and tortured to gain confessions. Under Dutch criminal law torture was considered one of the legal means in a trial. The Early Modern maxim “Tortura est regina probationum”, torture is the queen of proves, is not mentioned at the project website. On March 9, 1623 twenty prisoners were executed by the Dutch.

The creators of the Amboyna website are quite right in seeing this trial as a focus point of history. The Dutch and the English competed for the most profitable trade in spice. In fact the name of the Moluccas in Dutch – now in Dutch Molukken – was for many years “Specerij-eilanden”, The Spice Islands. A treaty signed in 1616 seemed a rather peaceful start of Dutch relations with the inhabitants of the Moluccan Islands, but in 1621 governor Jan Pieterszoon Coen decided to invade these islands, aiming in particular at Banda, known for its nutmeg, apart from Grenada the only spot on earth where you can find large quantities of this fruit which also produces yet another spice, mace.

Treaty with Banda, 1616

From 1610 to 1619 Ambon was the central location of the Dutch overseas empire in South East Asia. Coen and his troops killed in 1621 thousands inhabitants of Banda and the surroundings islands on the pretext that they had broken the treaty by trading with other nations than the Dutch, be they English, Spanish or Portuguese. This background of ferocious and ruthless violence close to genocide did not predict a peaceful continuation of relations with the indigenous people nor with other European countries. It is indeed the very story that forever divides those applauding the Dutch energy and colonial expansion, and those who condemn the events and the whole period as an unforgivable and inhuman step in mankind’s history. A few years ago one of the episodes of the television series on the Dutch Gouden Eeuw (Golden Age) centered around the 1621 massacre at Banda (the fifth episode, Een wereldonderneming [A world enterprise]. In January 1623 Coen was succeeded as governor of the Dutch Indies by Pieter de Carpentier.

The website of The Amboyna Conspiracy Trial gives you a timeline with for each day the texts of the confessions made by the arrested suspects. Four exhibits give you a chance to deepen your knowledges about the two East India companies and the spice trade, the role of Japanese mercenaries, trials in Dutch and English law and the uses and role of torture, and the publicity about the trial. Adam Clulow wrote about the Japanese soldiers in his article ‘Unjust, cruel and barbarous proceedings : Japanese mercenaries and the Amboyna incident of 1623’. Itinerario 31 (2007) 15-34. More recently he published The Company and the Shogun: The Dutch Encounter with Tokugawa Japan (New York, 2014), reviewed for example by Martine van Ittersum for the Bijdragen en Mededelingen betreffende de Geschiedenis der Nederlanden / Low Countries Historical Review 130/4 (2015). Her main criticism is Clulow’s insufficient information about sources in Dutch and Japanese archives. When eventually news of the trial reached Europe, it sparked off a stream of publications. Just browsing the Knuttel, the famous catalogue of Dutch pamphlets shows you a substantial rise in the number of pamphlets issued in 1624 and 1625, but English pamphleteers were even more active. The website features in the “Archive” section only pamphlets in English. You will find in this section some twenty-five sources and a number of paintings and portraits.

Placcaet, Knuttel no. 3548 - image The Memory of the Netherlands

“Placcaet…”, an ordinance against the first pamphlet concerning the Amboina trial – Knuttel no. 3548 – copy Royal Library, The Hague – image: The Memory of the Netherlands

The presentation of sources for The Amboyna Conspiracy Trial should indeed alert you to what you see and read. For many documents a brief analysis of the text and impact is given, but not for all documents. Some items show just one page of a pamphlet or archival record. No pamphlet is presented here in its entirety. For documents in Dutch a partial translation is given, but no transcription. One of the pamphlets, Waerachtich verhael vande tijdinghen gecomen wt de Oost-Indien (…). Aengaende de conspiratie ontdeckt inde eylanden van Amboyna (Knuttel no. 3547), online at the portal The Memory of the Netherlands, originally printed in Gothic script (Knuttel no. 3546) was quickly translated into English as a part of the pamphlet A true relation of the unjust, cruell, and barbarous proceedings against the English at Amboyna in the East-Indies (London 1624; digital version at The Memory of the Netherlands). In its turn a Dutch translation appeared of this English reaction (Knuttel no. 3549, online version). The Amboyna project site does not mention nor contain the ordinance (plakkaat) of the Dutch General States forbidding in August 1624 the distribution of the first pamphlet because it would harm the relations between the Dutch and English East India companies [Placcaet… (The Hague 1624; Knuttel no. 3548, online version)]. Clearly this act did not work to suppress the news of the events in the East. Anyway thanks to the original contemporary translations it is substantially but not completely possible to rely on them.

The database The Early Modern Pamphlets Online for Dutch pamphlets and the German Flugschriften does still work despite an announcement about it being shut down on January 1, 2017. You can freely use this online catalogue, instead of going to the subscribers-only commercial version. The Hathi Trust Digital Library has digitized the catalogue of pamphlets held at the Dutch Royal Library [W.P.C. Knuttel (ed.), Catalogus van de pamfletten-verzameling berustende in de Koninklijke bibliotheek (9 vol., The Hague 1890-1920)], and you can use the search function of this version to search in its text.

The “citations” for the archival items and documents at the Amboina website are the titles of the items, with sometimes a very much abbreviated indication of the location and archive. For the colorful painting in the Museum Rumah Budaya in Banda Neira no indication is given when it was created. I can imagine this is exactly the question teachers or instructors want their students to solve. The image of the 1616 treaty with Banda above is marked “Contract with Banda, 3 May 1616”. Here, too, you might think it would spoil the things students have to do if I would give here more information about this source. I had expected a list with full references for all items in an appendix to the project, tucked away in the teachers’ corner. The start page of the digital project shows part of an engraving showing the torturers and their victims. In a corner of the image you can find a reference in small print giving the reference to this image from the collections of the Rijksmuseum (object no. RP-P-OB-68.279, cat. no. FMH 2328-7). The engraving was published in 1673, not nearly fifty years earlier.

Header TANAP Archives

However, when you start checking you will find several textual witnesses to this treaty, thus making it seem that the image of this treaty – or any other archival record – was taken at random among the registers and originals held at the Dutch Nationaal Archief. The TANAP portal is a great gateway to search for many aspects of the Dutch East India Company both in Dutch, British, Sri Lankan and Indonesian archives. In the combined inventories you will find at least three items with the 1616 contract. The important point is that these inventories do not provide you with digitized images, hence the usual need for good references for documents and images. I would almost leave it to you to search in the TANAP portal for the events at Ambon, but I feel rather certain one of the registers used is Nationaal Archief, inventory 1.04.2, no. 1080, because “VOC 1080” is often mentioned in the citations. Inventory 1.04.02 at the website of the Nationaal Archief contains more than 4 million scanned pages, but not for this register.

If you want mores images at your screen you can combine the riches of The Memory of the Netherlands with for example the portal Atlas of Mutual Heritage. The TANAP portal has a fine links selection, and the introduction to the history of the VOC by F.S. Gaastra is most substantial and supported by a fine bibliography. For more links you should visit the site of the VOC-Kenniscentrum. An important general source are the reports of the governors of Ambon, edited by G.J. Knaap, Memories van overgave van gouverneurs van Ambon in de zeventiende en achttiende eeuw (The Hague 1987), digitized by the Huygens Instituut, and you will no doubt be interested in the digitized resolutions of the Dutch Staten Generaal from 1575-1630.

The educational purpose of the trial website is very clear in the section Your Verdict. Six major questions are fired at you to help you to come to a balanced verdict about the trial. In my view it is one thing to ask these questions, and another thing to create real full access to relevant documents. However judicious the choice of selections, however wise the suggestions for analysis, you will learn from having at your disposal images of the complete documents, transcriptions and translations, with full references to track them again, and this holds true also for paintings and portraits. This lack of exact information mars the quality of this digital collection. The team has in mind to create similar projects around two other conspiracy trials, but now it seems at some turns that some basic information has been left out to create a smooth and convincing selection. Your judgment on these matters will also depend on your preference for a working educational project which stresses the importance of independent thinking and weighing of facts and views, certainly a major and important aim, or a preference to create a showcase for doing real historical research around a historical cause célèbre.

Amidst of all things surroundings this case it is instructive to see the shocked reaction at Batavia (Jakarta), since 1619 the VOC headquarter at Java, of the superiors of Isaacq de Bruijn, the Dutch advocate-fiscal, the senior officer leading the investigation at Ambon. We have to bear in mind that the position of the various members of the VOC united in a number of kamers (chambers) in Amsterdam, Rotterdam and other cities, and the Staten Generaal in The Hague was many thousand miles away. The interaction between the two circles, and even between Java and Ambon was not quick to say the least. It reminded me of a famous article by the late Cees Fasseur (1938-2016), ‘Een koloniale paradox. De Nederlandse expansie in de Indonesische archipel in het midden van de negentiende eeuw (1830-1870)’ [A colonial paradox. The Dutch expansion in the Indonesian archipelago in the mid-nineteenth century (1830-1870)], Tijdschrift voor Geschiedenis 92 (1979) 162-186. It is the model article in a student guide by P. de Buck for writing history papers and master theses, Zoeken en schrijven : handleiding bij het maken van een historisch werkstuk (first edition Haarlem 1982). It seems this configuration of powers and distances can be dated two centuries earlier.

Meanwhile in Holland

Is this only a Utrecht view of things? Let me at least bring you to a diary of someone from Utrecht who could in principle have had first hand knowledge. Aernout van Buchell (Buchelius) (1565-1641) from Utrecht has figured here a few times already. He was not only interested in history, but was also between 1619 and 1621 a member of the Amsterdam chamber of the Dutch East India Company as a delegate of the States of Utrecht. In 2011 Kees Smit made a transcription (PDF) of a manuscript by Van Buchell at the Nationaal Archief [1.11.01.01, Aanwinsten Eerste Afdeling, 256 (old 1882 A VI 8 2)]. It contains some drawings, including a map showing Ambon and a drawing of Fort Amboyna (f. 37v-38r). At f. 102v he wrote in May 1624: “Het jacht, dat den 4. januarii 1624 was van de stat Nieu Batavia ofte Jacatra uuyt Java geseilt, is in mayo gearriveert, brengende tijdinge dat drie schepen, wel geladen, veertien dagen ofte drie weecken, als men verhoopten, soude volgen, ende noch drie schepen bijcans toegerust lagen op de custen van Cormandel. Verhaelden meede van eene conspiratio bij eenige Engelsche ende inwoonders op Amboyna, meinende het casteel aldaer te veroveren. Maer waren gemelt, eenige gevangen, sommige gejusticeert, oeck Engelse. Waerover men seyt, dat den coninc van Groot-Britanniën qualic soude tevreden wesen, van sijne oorblasers opgeritzt. Alsofte men de quaetdoenders niet en behoorden te straffen! Ende die mosten in Engelant geremitteert worden.”

Van Buchell starts telling about the yacht arriving from Batavia on January 1624, and six more ships following within a number of weeks. From “Verhaelden” onwards he jotted down notes about the events at Ambon and his opinion, in my translation: “[They] told also about a conspiracy – note the Latin conspiratio, OV – of some Englishmen and inhabitants of Amboina who aimed at capturing the castle. But they were denounced, some captured, some judged, Englishmen too. As to this it was said the king of Great Britain would hardly be pleased, but – more likely – provoked by his advisors. As if these wrongdoers did not need to be punished! Most of them are being pardoned in England”. Alas these are is only notes about this affair, he does not mention it anymore. To me this one note is tantalizing for all the things Van Buchell does not mention, but it is in my view a superficial report showing his first impressions after hearing something about the fateful events at Ambon. He mentions Ambon sixty times in this diary.

Perhaps more telling are lines in an undated Latin poem Van Buchell wrote in his diary (f. 74r): Vidimus, Oceanus salsis quod circuit undis / Incola odoriferos ter ubi capit arbore fructus / Amboynae Batavus leges ubi condidit aequas / Fragrantes interque nuces collesque calentes / Bandanos domuit populos, gentique dolosae / Imposuit frenum Javae, regemque fateri / Compulit, aut victum se aut armis esse minorem (…). A quick translation of my hand: “We see how the Ocean goes around with salt waves where an inhabitant takes thrice a year wonderful smelling fruits from a tree, where the Batave has set equal laws for Amboina, and [where] there are perfumed nuts amidst the hot hills; he rules the peoples of Banda, and he imposed a rein on the treacherous people of Java, and he forced the king to yield, be it as conquered or smaller in arms (…)”. The combination of being sure about the qualities of you own laws and a conviction that peoples on these isles are treacherous, is potentially lethal. It is striking how often Van Buchell writes in this diary about the Protestant missionaries in the Moluccas. There is another VOC diary by Van Buchell yet to be explored [The Hague, Nationaal Archief, inventory 1.11.01.01, Aanwinsten Eerste Afdeling, no. 255 (old 1882 A VI 8 1)].

Now you might want me to leave out Van Buchell, but in fact it helped me to notice the most obvious gap of the trial website. It is rather strange to bother about the full texts, complete transcriptions and translations of documents, and to accept at face value the statements about the differences in criminal procedure in Dutch law and the common law. Instead of translating Van Buchell writing about an analysis by Hugo Grotius would be most welcome. You can consult his correspondence online at the eLaborate platform of the Huygens Instituut. However, Grotius does mention the Amboyna case in his letters only casually. In 1609 Grotius published Mare Liberum, and in 1625 De iure belli ac pacis. His Inleidinge tot de Hollandsche rechts-geleerdheid appeared only in 1631, but this book deals only with private law. Clulow mentions Grotius and the Amboina case in his 2014 study. In an earlier contribution about Grotius I provided ample information about the first editions, online versions and translations of his works. Simon van Leeuwen’s classic handbook for Roman-Dutch law, Paratitla iuris novissimi dat is een kort begrip van het Rooms-Hollands reght (..) appeared only in 1651.

While pondering the Amboina case and the project website I remembered another Utrecht view of things. My first steps in the fields of legal history were led by Marijke van de Vrugt at Utrecht, the author of a book about De criminele ordonnantie van 1570 (Zutphen 1978), a study about the ordinance for criminal procedure issued by Philips II of Spain. A few years later she contributed to the series Rechtshistorische cahiers the volume Aengaende Criminele Saken [About Criminal Matters] (Deventer 1982) about the history of criminal law, with a chapter about the 1570 ordinance, and also one about Antonius Matthaeus II (1601-1654), a famous law professor at Utrecht, author of De criminibus (first edition 1644). Van de Vrugt provided judiciously chosen relevant text fragments. She discussed in detail ch. 42 of the 1570 Criminal Ordinance and explains its fateful ambiguity due to unclear words about the exceptional use of torture. Matthaeus questioned the eagerness to use torture. Would it not be most natural to provide for both Dutch and common law more precise information when they clearly were crucial for the whole affair? Lack of space and consideration for the stamina of my readers are the practical reasons to leave out here a paragraph about the common law. Clulow mentioned in 2014 the Amboina case to compare it with a later case in Japan, and pointed for good reasons to Grotius. Alas incomplete understanding and investigating the pivotal role of legal matters for the Amboina case mars the trial website.

Some conclusions

Despite my remarks and misgivings about a number of aspect of the Amboyna digital collection I think we should salute it as a welcome addition to the materials available for educational purposes. It makes also a number of documents and images easy available for doing research about the Dutch and British East India companies. At the end of this post I wonder a bit what the input of the India Office Records has been. The absence of records from the British National Archives might cause a frown, too. Adding a full list of references for the documents, archival records and images in this digital collection would redeem a clear gap. The Amboina Conspiracy Trial makes you muse about current ideas about conspiracies and the role of one-sided or full information. It is an example of two laws clashing, Dutch civil law administered by officers of a commercial company granted sovereign powers and the common law. It is chilling to note how this example of quick action led to torture and judicial killings of people where other ways to approach the situation were open.

The Amboina trial website shows many aspects in a colourful way, but it lacks some crucial information about and attention to the very crux of the matters at stake. It would be relatively simple to provide some background about the Dutch law and the common law, instead of just a few sentences. It might seem evident to focus on the trial itself, but you will have to show even in an educational setting more of the background and relevant sources. Only for Isaacq de Bruijn, the infamous Dutch official, things seemed simple. Our world is complicated, and we had better face it. In my recent contribution about presidential libraries I mentioned the replica of the Situation Room. You will need access to all relevant information, time and wisdom to judge a situation correctly and act accordingly.

A postscript

Even this long post did lack at least something very important concerning Dutch law, the collection of ordinances and placards edited by Jacobus Anne van der Chijs, Nederlandsch-Indisch Plakaatboek 1602-1811 (17 vol., Batavia, 1885-1901), also available online completely at Sejarah Nusantara, a portal for seventeeth and eighteenth-century history created by the Arsip Nasional Republik Indonesia, with both browse and search functions.

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Challenges for doing global legal history

Header History and the Law

It is one thing to praise the virtues of global legal history, but the roads to start doing global legal history are often challenging. Are there any roads? How much pioneer efforts are needed to make this approach sensible and fruitful, or should we allow for risks and pitfalls? In this post I will look at a project which is in fact more a consortium of projects dealing with themes in several periods and locations in Asia. On my blog I have looked sometimes at individual countries, in particular Japan and Nepal. I mentioned resources concerning India’s legal history in a post about the projects of the Center for Research Libraries, but these posts did not convey an overall view of research concerning legal history in Asia. For contemporary law in Asia you might want to check my 2014 post about the World Legal Information Institute. In other words, it can do no harm to focus here on Asia.

At the center of this post is History and the Law: Exchanges of Economic, Legal and Political Ideas, a joint project between Cambridge University and Harvard University. There are two websites for this project, and at some turns you are guided suddenly to the Harvard website or vice versa. The Center for History and Economics of both universities is home to this large-scale project.

Legal histories at multiple levels

The subtitle of History and the Law offers a clue to the approach favored by the teams of Harvard and Cambridge. “Exchange of Economic, Legal and Political Ideas” sets the scene for bringing together concepts and ideas from different spheres. A second thing to note at the outset is the research network of the project which is cast much wider than just scholars working at these two famous universities. A third thing to note at the outset is perhaps that the latest scholarly event within the network happened in 2014. The last event was probably the two-day workshop on Petitions and Political Cultures in South Asia (Cambridge, Magdalen College, June 4-5, 2014). However, even in its dormant state it is well worth looking at some key elements. I would have expected here to find an overview of published results, reports on workshops and possibly a number of selected bibliographies. Nevertheless it seems to me most interesting to look beyond these wishes.

The section Reading Legal Documents contains just one text. The introduction of Fei-Hsien Wang’s paper gives a nice and compact example of the working of copyright in early twentieth-century China when each publisher had to get for each publication a separate act from the local authorities acknowledging its copyright. The history of copyright law is also part of another project at Cambridge. The section with interviews contains five interviews. Many scholars will immediately recognize Mitra Sharafi (School of Law, University of Wisconsin), creator of the marvellous blog South Asian Legal History Resources. Her blog is simply the clearing house and portal for anyone doing serious research in this field, in particular for India’s legal history. Sharafi’s selection of digital and digitized resources can stand any comparison.

The main projects which seemed to me at first to be conceived within the framework of History and the Law as daughter projects with separate websites are Sites of Asian Interaction: Networks, Ideas, Archives and Cordial Exchanges: Britain and France in the World since 1700. On closer inspection they should be seen as sister projects, even when in particular the Asia project does deal also with legal history. Both are certainly worth looking at on their own. Where I offer criticism here below these do not touch upon these two projects.

The section with digital resources at History and the Law is the first element I want to discuss here briefly. There is a general section with only six websites. Alas the link to the fine guide of Harvard Law School to online legal materials in open access is currently broken, no doubt a victim of the current redesigning project of its website. Maintaining more than 130 online research guides is a feat in itself. The bibliographical section brings you just four web links, all outside History and the Law, but the sheer weight of Mitra Sharafi’s blog does something indeed to redress the balance. At the website of the University of British Columbia the bibliography on Law and the South Asian Diaspora created by Renisa Mawani has simply vanished. Before going to the main section let’s note the website at Cambridge of the Center for History and Economics with a digital version of the consolidated index of admissions to the Inns of Court from ‘Indian’ and other non-British-born entrants between 1859 and 1887. The very label “CHE Projects” where you find this creates an expectation for more.

Many resources?

The major part of the corner with digital resources at History and the Law gives us five sections dealing with digital archives and collections, organized in five geographical sections (Europe, USA, East Asia, South Asia and Africa). At this point it is perhaps better to describe this website more as uncompleted than as dormant. Just five links in the European section, with three of them for the United Kingdom, is close to nothing. The link to the project for the Privy Councils Papers Online is not correct. You will want to visit the website at Exeter, and you might like to visit the Exeter Imperial and Global Forum. The “US section” luckily does not only mention projects in the United States, but just mentioning a single Canadian blog is simply poor. Law and Revolution is the research blog of Malick Ghachem (School of Law, University of Maine) where the revolutionary period on Haiti around 1800 is the starting point for discussing the Atlantic revolutionary tradition. With eight links the South Asia section is a bit better, even if it focuses solely on India. Pakistan, Bangladesh, Sri Lanka and Goa are absent. With a few letters removed from the end of its URL the link to the digital library of the Gokhale Institute of Politics and Economics does work properly. The section on East Asia does refer to project concerning China, Taiwan, Japan and Mongolia. Just seven links is very meagre, but most of them are not easily found at all. Let the record show the section for Africa contains a single item, the Slavery and Manumission Manuscripts of Timbuctu (Center for Research Libraries, Chicago). Finally the links section contains seven links, among them three blogs, and I was truly surprised to find here even my own blog.

Should one really wonder about this state of affairs? In the case of Mali you might have a look at a post published here in 2012. A few years ago the web page with links for British legal history of the Law Faculty at Cambridge simply disappeared, and my friendly question to bring it back to life went unanswered twice. At my own legal history portal Rechtshistorie I have saved a version from 2012 from the Internet Archive. Of course I searched for it again today at both the websites of Cambridge’s law faculty and the Squire Law Library, but in vain. I can imagine a sad explanation about the missing overview and the poor quality of the lists presented here, such as illness of a webmaster, but I had rather not speculate here anymore. The project at Cambridge and Harvard ran mainly between 2004 and 2009, and the growth of available digital resources is certainly thus strong that it is hard to imagine the number of projects simply not existing five or ten years ago. The disappearance of websites during the same period is a necessary reminder that not all things online will reach eternity.

The Harvard website of History and the Law has a good page telling about the project’s objective to look at its themes in the sequel of the vogue for the transnational turn and the 2008 banking crisis. I had not yet seen the virtual exhibition Bubbles, Panics & Crashes. A Century of Financial Crises, 1830s-1930s of the Baker Library at Harvard Business School, a product of the Cambridge-Harvard project Exchanges of Political and Economic Ideas since 1760. The Baker Library has also created a digital collection showing some of the riches of the South Sea Bubble collection, and a project site aiming explicitly at comparing the financial upheavals in 1720 with current events, Historical Returns. Linking Ideas Across Time.

Online or in print

How can we explain most convincingly the somewhat sad state of affairs of the websites of this joint project? I would like to use Occam’s razor to provide here a clear explanation. I think it all boils down to a complicated joint program with too much actors and factors influencing its success. In an age where success is more and more measured by its very online presence this project might have scored very high in terms of the international network supporting the project, the range of themes, regions, and periods, and probably of publications in peer-reviewed journals, but this does not make it immediately visible online. If it has been a success you would by now expect to see a full-blown online presence with up-to-date information instead of two rather empty virtual showcases which impair the reputation of both centers. In a way this might offer some consolation to all scholars keen on organizing and steering similar projects, and in particular those who have seen the failure of such projects. History and the Law somehow stands in between two worlds where the printed world and virtual world today are merging together. Even if you are successful it depends on so many factors to be seen as successful.

In my experience you will need a team to create overviews of digital resources which combine a sensible approach, consistent quality, coverage and longevity. The number of daily visitors for Rechtshistorie tells me something about the need for such overviews. The section for Asia on my page for digital libraries covers just one aspect of digital resources, even when I sometimes deliberately put in digitized archival records to make up for any real or supposed lacunae.

Logo Sejarah Nusantara

A number of countries in Asia is still absent on this page. From a Dutch point of view the very small presence of Indonesia is just inexplicable. The National Library of Indonesia in Jakarta has at the very least digitized a number of rare books which should have captured my attention. Last year the digital collection Sejarah Nusantara of the Arsip Nasional Republik Indonesia was launched with documents and archival records created between 1600 and 1800. Following the blog of the South Asian Libraries Group is only one of the remedies I propose. A team would long ago have made at least some provisions. Working to create and maintain my website and this blog contributes in many ways to my views on legal history. Facing mistakes, omissions and gaps is part and parcel of that experience.

For some countries and subjects it can be difficult to track down relevant online resources. Try searching with The Inevitable Search Engine for websites containing links to the major digital libraries for South Asia and East Asia… The best I can do is to promise to keep up the good work, and to invite you most cordially and sincerely to bring relevant resources to my attention. One of the qualities I strive for at my website is accompanying each link with a concise description. In this way I offer at least more than just a list. A number of links often appears here before I put them at the right page of my portal site. At the end of this post it seems to me worth repeating: If you want to make an international project successful today in itself and in the eyes of the general public, you have to pay careful attention to its virtual presence. Choosing a webmaster or – preferably – creating a web team should not be an afterthought but an integral and decisive part of your plans and actions.

A postscript

The link to the guide for free legal research resources of Harvard law School Library does work again. In particular the section on foreign and international law is worth checking.

Legal history at the World LII

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

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

Serving lawyers and historians all around the world

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

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

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

Connecting contemporary law and legal history

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

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

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

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

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

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

Two directions in legal history

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

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

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

Law and history in Japan: some reflections

Om March 11, 2011, I watched by chance on tv the 8.00 AM (GMT + 1) news with the first dramatic images of the earthquake that hit Japan and the following tsunami. At this hour, only two hours after the event, the Dutch television had already decided to report continuously on this disaster. I have not yet written about these events on my blog, mainly because the ramifications of this event are not yet fully clear, and what is more, I felt speechless.

Karen Tani wrote on March 29, 2011 a post for the Legal History Blog on “New scholarship: Japanese Legal History“. The Legal History Blog is really the world’s most active blog on legal history. This month alone saw already ninety postings! Mary L. Dudziak, Dan Ernst and their team of guest bloggers ensure a continuous stream of posts. However, the very high publication rate means also that a post gets literally quickly out of view on your screen. Yesterday the Legal History Blog announced Karen Tani is going to the University of California at Berkeley Law School. In her post Tani brings six new books to our attention, each of them on different periods and subjects of Japan’s legal history. She ends with a plea to support relief and recovery initiatives for Japan, and I would like to join this.

Here I would like to add a few things from my website to Karen Tani’s post. Digital libraries in Japan figure on my page devoted to this kind of digital collections, and it might be interesting to present them here, too:

On Klaus Graf’s Archivalia blog you can find more news about the present situation of Japanese archives and libraries. In particular in a post from 2008 Graf has put together a large number of links to digital libraries in Japan. Graf points for example to the digital archive portal created by the National Diet Library in Tokyo. Some of the digital archives available through this portal  cannot be reached due to damage done by the earthquake. On the NetbibWiki Graf brings you to even more relevant Japanese links, as he does on a similar page of the German Wikisource project. Starting from these contributions I have tried to the best of my knowledge to select those libraries with important collections in the field of law and history. Since I have no knowledge of the Japanese language I am sure I have missed a number of collections. A number of these digital libraries is perhaps more interesting for European history, law and legal history than for Japanese legal history. The best example for European legal history is the Savigny collection at the Toin University, Yokohama. Some books once owned by Savigny and some of his works in this collection have been digitized.

One of the history teachers in my school just happened to be a specialist in Japanese history, and she was happy with the opportunity to teach it to my class. The Dutch have a long history with Japan. For two centuries the Dutch presence at the island of Deshima near Nagasaki formed a kind of window on Europe. The National Diet Library of Tokyo created in cooperation with the Dutch Royal Library, The Hague an online exhibition Japan-Netherlands Exchange in the Edo Period. The Sieboldhuis, a museum in Leiden on Japanese history, now forms a kind of modern window in the Netherlands on Japanese art and history, but let’s not stray too much from Japan’s legal history. It is the Nederlands Genootschap voor Japanse Studiën that deserves mentioning here with in 2004 a volume on law and justice in Japan, Recht en rechtvaardigheid in Japan (Amsterdam 2004) by Frans Verwayen, the author of Early Reception of Western Legal Thought in Japan, 1841-1868 (Ph.D. thesis, Leiden 1996). More recent Dimitri Vanoverbeke has published a study on the historical context of modern Japanese institutions, Recht en instellingen in Japan. Actuele thema’s in historische context (Louvain 2010), an important theme for understanding the action of the Japanese government, administration and institutions at this particular point of time.

The History of Law in Japan since 1868 (Leiden 2005) edited by Wilhelm Röhl is surely one of the starting points for research into the modern period of Japanese legal history. Parts of it can be viewed through the services of a well-known organization which has not been allowed to create the world’s digital library entirely on its own… I have to admit that the website of this organization brings me to an announcement of a lecture in London in 2010 at the Watson Institute on the question why the history of Japanese law has not been written. The announcement contains links to the website of the Japan Legal History Association – completely in Japanese – and to a database of civil judgment files from the early Meiji period created at the International Research Center for Japanese Studies at Kyoto.

The variety of periods, subjects and possible perspectives on Japan’s legal history is too great for one post. I cannot leave out the Second World War and its aftermath by pointing to the Joseph Berry Keenan digital collection at Harvard Law School, which in fact consists of two collections, his papers concerning the Tokyo War Crimes Tribunal, and his photographs taken between 1945 and 1947. No more for now! Let the new books mentioned in Karen Tani’s post be your guide to more knowledge about Japan’s law and history.