Tag Archives: Open access

Journeys to journals on Classical Antiquity


At the end of each year it is difficult to avoid the great range of lists of all kinds of bests, and I hardly dare to even mention them here. In 2014 the Archaeological Institute of America gave an 2015 AIA Award for Outstanding Work in Digital archaeology to Charles E. Jones and his blog The Ancient World Online (AWOL) to honour his “work on open access material relation to the ancient world, serving archaeological information to more than 1.1 million unique visitors to the site since its inception in 2009”. AWOL needs no laurels, but this praise is certainly justified. One of the latest messages at AWOL in 2015 concerns scholarly journals in open access dealing with ancient law. On December 29, 2015 Charles Jones listed eighteen online journals which specifically deal with some field of legal history in classical Antiquity, and he challenges readers to find and report more journals. A number of these journals figure here in my blog roll, and thus I was immediately interested in checking this list. At AWOL is a list with now nearly 1,600 scholarly journals available in open access for the vast territories of the ancient world. Is this selection of journals touching legal history indeed complete? This post will look at some answers to this question. Indeed I was so eager to publish it that I somehow had posted it with a wrong date, a year ahead.

The power of a list

Lists can have uncanny powers. They might seem to offer everything available or they bring the best possible selection. A good list can enhance the authority of its author, and users of such lists feel comfortable with the knowledge of such lists. Thus it can feel awkward to question a list at all for its qualities, but in my view there is just one way to find about both the positive and negative sides of a list, and that it is by checking each item. This simple approach proved to be rewarding and revealing.

The international character of the list is remarkable. In most fields within Classical Studies the number of journals with English titles is impressive, but they do not outnumber journals in other languages. However, for legal history you will find in this list just two journals with an English title, Roman Legal Tradition, published online since its start in 2002 and edited at Glasgow, and The Journal of Juristic Papyrology, published since 1946 at Warsaw. I did wonder about the presence of other relevant journals with English titles, and thus I quickly checked among the titles of the main list of journals at AWOL. Two titles seemed worthy of inclusion, the Ancient Greek Law eJournal and the Ancient Roman Law eJournal, but they turned out to be something else, a quick reference point for recent research published at SSRN, the Social Sciences Research Network. Both e-journals bring together papers to be published or already published on either Greek or Roman law in other legal journals. The two selections show how both fields currently can appear outside the province of legal history: nine publications for ancient Greek law, and five for Roman law, mainly in American law journals. A third title does not refer to a scholarly journal, but to the reports of the Hellenic Society for Law and Archaeology, where the laws in question are obviously laws touching upon cultural heritage. I cannot figure why PoLAR: The Political and Legal Anthropology Review figures at all at AWOL, in particular because only few issues are available in open access. Anyway, for good reasons these three journals were not deemed fit for inclusion in the new list of journals dealing with ancient legal history.

Logo MPI Frankfurt am Main

Two German titles in the list made me very curious because they did not seem to be current journals anymore. The Jahrbücher für historische und dogmatische Bearbeitung des römischen Rechts appeared three times between 1841 and 1844. The brothers Wilhelm and Karl Sell launched their journal from Zürich and Bonn. The second journal, Themis. Zeitschrift für Doctrin und Praxis des römischen Rechts, appeared in two short series between 1828 and 1848, the first series in 1828 and 1830, the second from 1838 until 1848. This journal was the idea of Christian Friedrich Elvers from Rostock. The subtitle of the first series was Zeitschrift für praktische Rechtswissenschaft, only the second series mentioned Roman law. Elvers filled the pages of his journal in particular in the second series mainly with his own contributions. In 1841 Elvers had become a judge at Kassel, and this move proably influenced his activities for the journal. Both journals have been digitized at the Max-Planck-Institut für europäische Rechtsgeschichte in Frankfurt am Main. In my view it is one of the characteristics of the study of Roman law in nineteenth-century Germany that articles and book reviews appeared not just in the journals devoted to legal history, but also in the profusion of general law journals. Such statements can be checked readily thanks to the massive digitization at Frankfurt am Main of relevant journals published between 1800 and 1918. Just for the record, I did look also at the sister project for eighteenth-century journals (Zeitschriften 1703-1830), but in this set Roman law was not used in any title. In 2011 I wrote here about digitization projects for old legal journals and also about projects for creating online access to current journals in the field of legal history.

At this point we still have sixteen journals correctly included in Jones’ list, and an implicit conclusion from the last paragraph should help me proceeding here. In a list with open access journals you expect to find journals currently appearing, and only on second thought also retrodigitized journals. Curiously, the list does include not only the Romanistische Abteilung of the Zeitschrift für Rechtsgeschichte der Savigny-Stiftung, but also the Kanonistische Abteilung, a branched launched in 1910. The online issues of these journals have been digitized at Frankfurt, too, but this is a case of digitizing old issues, as for now up to 1919. Some journals in the list at AWOL do not offer exclusively articles concerning ancient law. Forum Historiae Iuris is one of the oldest online journals for legal history. Iura Orientalia does not only cover the field of ancient Oriental law, but also modern Oriental law, in particular ecclesiastical law. In fact the section on Byzantine law of this journal reminded me of two journals published in Groningen, the Subseciva Groningana (1984-), published only in print, and the Groninger Opmerkingen en Mededelingen, a journal for which only a number of individual contributions are available online in open access.

What more should be said here about the remaining journals of the list? It is good to see two online journals for the history of Greek law, the Rivista di Diritto Hellenico, alas possibly damaged by malware at the moment of writing, and Dike. Rivista di Storia del Diritto Greco ed Hellenistico (1998-). When I saw the title of The Journal of Juristic Papyrology I could not help thinking of the ZPE, the Zeitschrift für Papyrologie und Epigraphik. You can check online for the titles of all articles since 1967, and this journal surely does contain contribution about ancient legal history. The issues 73 (1988) to 133 (2000) of the ZPE are now available in open access. I bumped into an article by Sir Ronald Syme, ‘Journeys to Hadrian’, ZPE 73 (1988) 159-170, My title is a tribute to a scholar who impressed me as a student with his compact style. I will try to follow his example here more than in previous years! The journal from Warsaw is available online at a special platform for Polish scholarly journals in the humanities, Czasopisma humanistyczne.

The Rivista di Diritto Romano does offer space for articles on diritti antichi, other ancient legal systems, too. In fact the website of this journal is almost a portal to Roman law and its afterlife with sections on the palingenesis of Roman law texts, the Basilica, a list of journals, and online versions of numerous Roman law texts. However, a major drawback is the navigation at its website where you can find only the latest issue online. The Russian journal Ius Antiquum is a further witness to the international character of Classical Studies. I leave it to you to have a look at the other journals of a list which if not exhaustive surely proved to be interesting

Cover RIDA 61 (2014)

However, one journal must not be left out here. A few months ago I had already spotted the surprising online appearance of the third series of the very high regarded Revue internationale des droits de l’antiquité (RIDA). This journal, published by scholars at the Université de Liège, has digitized the issues XXVI (1979) to LIX (2012). The decision to publish such recent issues of a well-known. peer-reviewed international learned journal might well be a spur for other publishers to make moves in the direction of open access. The RIDA is even present at Facebook. The image of the new cover shows the new publisher, the Presses Universitaires de Liège, but on the RIDA website you can still subscribe to volumes published at Paris.

The changing world of scholarly journals


As for the 1,700 journal titles in the major overview at AWOL I am afraid a number of them is not in its entirety available in open access. One example: Brepols Online publishes the Revue d’Histoire des Textes, but only issues between 2006 and 2009 are to seen freely. Making a comparison with journals registered within the Directory of Open Journals is not as easy as one would expect today. You can search either by entering keywords in a search field for titles, forcing you to look for specific matters in a number of languages, or use the far too general subject filters. Even history or culture have not yet been deemed worthy independent subjects. At the start of a new year there are many days in which this sorry state of affairs can be changed, but anyway it will be useful to follow the posts labelled Law at AWOL – The Ancient World Online!

Around the Fourth Lateran Council (1215)

Among the commemorations to be included here in 2015 is the most important medieval ecumenical council, the Fourth Lateran Council that took place in November 1215. As it happens the Second Vatican Council (1962-1965) closed fifty years ago, and already a brief look at the constitutions of both councils reveals many differences, beginning with the sheer number of decrees and constitutions. With just 70 constitutions and one additional decree, the convocation for a new crusade, the Fourth Lateran Council led by pope Innocent III is remarkably concise in its output which, however, does not diminish its importance.

Some constitutions have received more attention by historians than others, and scholars do try to create a more balanced view of this major historical event. On November 24, 2015 the international congress Concilium Lateranense IV: Commemorating the Octocentenary of the Fourth Lateran Council of 1215 will begin in Rome, and in Murcia the conference Innocent III and his time will start on December 9, 2015. In this contribution I would like to look at the pictorial representation of this council, and at a project covering a number of medieval church councils.

The image of the Fourth Lateran Council

Logo Parker Library on the web

When you recall for yourself the images most closely associated with the Fourth Lateran Council – often abbreviated as Lateran IV – you might imagine a fresco of pope Innocent III or the famous marginal drawing with debating cardinals in a manuscript of Matthew Paris’ Chronica maiora (Cambridge, Corpus Christi College, ms. 16, fol. 43r). This college tries to protect image rights for this illustration as much as possible. At the website Parker Library on the Web full access is only possible at subscribing institutions. Without complete access you can only browse manuscripts but when you arrive at the very page of the manuscript with this illustration its lower half has been blotted out completely. Corpus Christi College and Stanford University Libraries have announced access to this website will be widened next year.

Detail BnF, ms. Latin 4915, fol. 398v

The Fourth Lateran Council – from Johannes de Columna o.p., “Mare historiarum”- fifteenth century – detail, BnF, ms. Latin 4915, fol. 398v

In fact it proves to be very hard to find online any other medieval image of Lateran IV, and this is one of the reasons why this section of my post is rather short. I did find two images in a fifteenth-century manuscript of a chronicle by a Dominican friar, Johannes de Columna, Mare historiarum, in the Bibliothèque nationale de France (BnF) in Paris (ms. Latin 4915, fol. 398v and 399r). You can search for archival collections and manuscripts at the BnF in a special website, and for illuminated manuscripts in the BnF you can use the Mandragore portal. Ms. Latin 4915 has been digitized at Gallica, the digital library of the BnF. The chapter heading indicated in red ink mentions two issues at the council, the condemnation of the views of Joachim de Fiore, and the convocation of a new crusade.

Detail BnF, ms. Latin 4915, fol. 399r

The second image mentions in its heading two other questions dealt with at Lateran IV, the foundation of new religious orders, in particular the Dominicans, and matters between the king of France and barons from England. 1215 was the year of the Magna Charta. This chronicle by a Dominican friar has been lavishly illustrated with more than thousand historiated initials. You cannot fault the illuminator for showing Saint Dominic in this work. It would be great if we had images from the thirteenth century, but this image from the fifteenth century does give you at least the idea that a council is more than a prolonged series of debates between cardinals, bishops, mighty abbots and the pope. In and around the Lateran basilica and palace much more happened in 1215.

Logo Index of Christian Art

For more information about the iconography of the Fourth Lateran Council one should start with consulting an article by Raymonde Foreville, ‘L’iconographie du XIIe concile œcuménique: Latran IV (1215)’, in: Mélanges offerts à René Crozet (…), Pierre Gallais and Yves-François Riou (eds.) (2 vol., Poitiers 1966) II, 1121-1130, reprinted in her volume Gouvernement et vie de l’Église au Moyen-Âge: Recueil des études (London 1979). A second step will be searching the matchless information assembled for the Index of Christian Art (ICA) of Princeton University. You can gain access outside Princeton to all materials at the institutions in Washington, D.C., Los Angeles and Utrecht where you can consult the copies of the card files.

Bishop Rodrigo preaches at the Fourth Lateran Council - Madrid, BNE, Vit. 15-5, fol. 22r - image: Madrid, BNE

Rodrigo Jiménez de Rada, archbishop of Toledo, preaches at the Fourth Lateran Council – Madrid, BNE, Vit. 15-5, fol. 22r – image: Madrid, BNE

Lately a senior medievalist at Utrecht told me in person with much aplomb the ICA is now available online in open access, but alas this is not correct. You cannot actually access the full online database without going to the university library at Utrecht, having off-campus access or using your membership of another library subscribing to the online version. Luckily I can use this latter opportunity, too, but my first online attempts did not lead me to any artefact showing one of the Lateran councils. The famous drawing by Matthew Paris is indeed present in the card files of the ICA, but the whole manuscript is curiously missing in the digital version. I could even check that the two other manuscripts used by Foreville, the Chanson de la croisade albigeoise by Guillaume de Tudèle (written in 1275; Paris, BnF, ms. Fr. 25425, fol. 81r; digitized at Gallica] and the Codex Toledanus (written around 1253-1255; Madrid, BNE, Vit. 15-5, fol. 22r, digitized in the Biblioteca Digital Hispánica) are not present in both versions of ICA. The Festschrift for René Crozet somehow escaped the attention of ICA’s staff. Only thirty percent of the materials within the Index of Christian Art is already available online. The image in the manuscript at Paris described by Foreville is only a sketch for a large miniature, and thus it has not been included in the Mandragore database. For those wanting to use Iconclass I can provide you with the right code for finding images of church councils of the Roman-Catholic Church, 11P3142.

Religious minorities in 1215

Before starting with the second section of this post it might be wise to point to at least some online versions of the constitutions of Lateran IV. At IntraText you will find a full searchable English translation, just as in Paul Halsall’s Medieval Sourcebook (Fordham University). There is a PDF of the text as published in the collection Conciliorum oecumenicorum decreta, Giuseppe Alberigo et alii (eds.) (Basel and Freiburg 1962) 206-247, and at Documenta Catholica you will not only the Latin text, but also English and Italian translations. However, scholars dealing with medieval canon law are aware of a critical edition of these constitutions by the late Antonio García y Garcia, Constitutiones Concilii quarti Lateranensis una cum commentariis glossatorum (Città del Vaticano 1981; Monumenta Iuris Canonici, Serie A, Corpus Glossatorum, vol. 2). García y García edited also the contemporary apparatus, a scholarly commentary consisting of glosses, by Vincentius Hispanus and Johannes Teutonicus. Lateran IV is the only medieval council with a similar gloss. Almost all its constitutions were taken over in the Compilatio quarta – without c. 42 and c. 71 – and later in Gregory IX’s Liber Extra (1234), in this case without c. 42, c. 49 and most of c. 71.


Here I would like to bring to your attention RELMIN, a recently finished project in France led by John Tolan (Université de Nantes) dealing with legal texts touching upon the status and treatment of religious minorities in Southern Europe from Late Antiquity until 1500. The bilingual project website brings you to a database housed on a server of the Institut de Recherche d’Histoire des Textes. You will find here not just texts in Latin, but also in Arabic, Aramaic, Greek, Hebrew and a number of medieval vernacular languages. Using the tab for authors you can find conciliar texts filed under their Latin name, all of them starting with Concilium. From the Fourth Lateran Council you will find four constitutions (nos. 67 to 70). No. 67 concerns usury and the Jews, no. 68 the distinction in cloths between Christians and Jews, no. 69 prohibits Jews – and heathen (paganos) – to fulfill public offices, and no. 70 forces converted Jews to refrain from Jewish rites.

Even if you can object that RELMIN does not do anything new by looking at these constitutions, you can benefit from the translation of the original text, a succinct commentary, the list of manuscripts used in the edition by García y García, the list of older editions of conciliar texts and the bibliography for each constitution. The recent history of the Lateran Council by R. Foreville and G. Dumeige, Les conciles de Latran I, II, III et de Latran IV: 1123, 1139, 1179, et 1215 (Paris, 2007) is duly noted. RELMIN helps you to view these and similar texts in a much larger context of time and space. For the field of medieval canon law you can see how earlier canons influenced later constitutions, decrees and decretals, and you can put them side to side with secular texts. Instead of overloading this post with much more I will add here only the titles of two online Ph.D theses which I encountered while searching for more information about the manuscript in Madrid. Both of them are well worth checking in connection with the Spanish side of Lateran IV: Lucy Kristina Pick, Christians and Jews in thirteenth-century Castile: The career and writings of Rodrigo Jiménez de Rada, archbishop of Toledo (1209-1247) (University of Toronto, 1995) and Fátima Pavón Cazar, La imagen de la realeza castellana bajomedieval en los documentos y manoscritos [The image of late medieval Castilian kingship in documents and manuscripts] (Madrid, Universidad Complutense, 2008).

Information, knowledge and understanding

I would like to end my musings around the Fourth Lateran Council and its impact in texts and images by pointing you to the wonderful introduction to this council at the website of Kenneth Pennington (Catholic University of America). Antonio García y García contributed a chapter about Lateran IV and the canonists to the History of Medieval Canon Law in the Classical Period, 1140-1234, Wilfried Hartmann and Kenneth Pennington (eds.) (Washington, D.C., 2008) 367-378, and in the same volume Anne Duggan discussed the legislation of all four Lateran councils.

London, BL, ms. Royal 14 C VII, fol. 126r

A drawing of the Council of London, 1237 – Matthew Paris, Historia Anglorum , ca. 1250-1259 – London, BL, ms. Royal 14 C VII, fol. 126r

For those insisting to see here at least one of Matthew Paris’ great marginal drawings I can provide the second best thing, an image of the council of London in 1237 in the autograph manuscript of his Historia Anglorum (London, British Library, ms. Royal 14 C VII, fol. 126r). I found this colourful image using the BL’s catalogue of illuminated manuscripts.

The riches of the major portals for illuminated manuscripts at London and Paris help to fill gaps in the Index of Christian Art. In this post I hope to have shown you not just some deficiencies of this project. It is probably wiser to remind yourself of the fact no single large-scale project will be able to contain and cover everything you are looking for. ICA does contain many things not easily found elsewhere, in particular not by the online search machine of the firm seducing us to believe it can find anything. Instead of anything and everything we neeed valuable information helping to add to our knowledge, to widen our perspectives, to sharpen our minds and opening roads to true understanding.

A postscript

Not only the constitutions of Lateran IV were commented upon by medieval lawyers. The second council of Lyons (1279), too, attracted commentaries, for example by Guillaume Durand, the author of the massive encyclopedic Speculum iudiciale.

Safe under a shield: A dual approach to the Prize Papers

Logo Open Access WeekThis years’ Open Access Week (October 19-25) is the occasion for a post about a number of projects tapping the wealth of the remarkable archival collection of the High Court of Admiralty (HCA) in the British National Archives. Several projects deal with a few record series within this archive, the Prize Papers. Someof these record series have become accessible online in open access, others, however, can only be viewed only at subscribing institutions. This contribution offers a sketch of the situation facing scholars who might want to use these rich resources. Surely one of their questions is why such differences have been allowed to develop by the National Archives and the partners in the various projects concerning the Prize Papers. My post will not offer a definitive conclusion to this question, but I will try to create a starting point for further consideration.

In 2012 I focused on the project concerning the so-called Sailing Letters, focusing on Dutch letters found among the Prize Papers, and I will therefore discuss this project here concisely. The recent launch in open access of an online atlas created using the Prize Papers and bringing a most interesting example of possible research rekindled my interest in the archives of the High Court of Admiralty.

Ships from every corner of Europe

When you look at the fine online guide for the High Court of Admiralty at the website of the National Archives at Kew some things will attract your attention, that is, when you do not start immediately to read the guide. First of all, the sheer length and detail of the guide does credit to the importance of this archive. For many HCA series you can find more information on consecutive pages, and this feature can only be applauded. Secondly, at the very start it is indicated no materials from the High Court of Admiralty are online at this website, a statement which is correct, but it does not tell you enough. In the section about the Prize Court you will find the link to a finding aid at the website of the Dutch Nationaal Archief in The Hague, with a lapidary statement that this deals mainly with the series HCA 32, the Prize Letters. However, this is simply misleading, The Dutch finding aid does provide with an index of Dutch letters in other HCA series as well.

The website of the NA does not bring you directly from its general HCA guide to the Dutch online general guide to the HCA 32 series with its thousands of letters, and in particular some 8,500 scans of Dutch letters, not just from the HCA 32 series, but from other series as well. You can also download the introduction to this index as a PDF or EAD.

Apart from these remarks the most important thing you will register is the great variety of resources forming entire record series which merit attention both per se and, more importantly, within the context of the history of the High Court of Admiralty. Normally you would not decide so quickly to single out one particular record series of an archival collection without acknowledging its wider context and setting. There are more than sixty HCA record series, eleven series for the Court of Delegates (DEL) for appeals in instance cases, and five series for the Judicial Committee of the Privy Council (PCAP). Nine HCA record series make up the main body of the records of the Prize Court, and seven HCA series deal with appeals in prize cases. HCA 30 appears at several points in this guide, the last time in a paragraph stating this series contains Admiralty Miscellanea. The guide closes before the very useful glossary of legal terms with a clear warning: “HCA is a large and complex collection of documents, and this leaflet does not attempt to be comprehensive. Both the finding aids and secondary reading can be found at The National Archives.”

When you continue focusing at the HCA 32 series at the website of the National Archives you will encounter a set of digitized records, four French muster rolls of ships captured in 1805 during the Battle of Trafalgar. As is the case with more digitized records at this website, you can search freely in these records, but you have to pay to view this pieces. It would be nice if one could download them at least one day every year without this financial procedure or with a broadly advertised discount, preferably on October 21, the day of the Battle of Trafalgar. Here I leave it to others to find out about the digitization of other records in connection with Nelson.

Prize papers at a price

Banner Gekaapte brieven

My story of open access and subscribers-only access becomes more complicated when we look at the major research projects for the Prize Papers. In my country the project for the Sailing Letters gained most publicity. In five issues of the Sailing Letters Journaal edited by Erik van der Doe, Perry Moree and Dirk Tang a number of letters appeared in critical editions with accompanying essays. At Gekaapte Brieven [Captured letters], a website created by the Meertens Instituut in Amsterdam, you can view both the originals and transcriptions of six thousand Dutch letters from the seventeenth and eighteenth centuries. The transcriptions were done to a large extent by crowdsourcing. At the University of Leiden the project Brieven als buit [Looted letters] resulted not only in an online linguistic corpus for roughly the same set of letters, but also in a number of monographs, mainly dissertations. The Dutch Nationaal Archief created as lasting results the finding aid, the searchable index and a substantial number of scans, all of them accessible in open access. At the center of these projects were the Dutch letters documenting social life and the uses of the Dutch language in daily communication.

The blog of the Prize Papers Consortium shows graphically the number of parties participating in projects concerning the core of the archive of the High Court of Admiralty. Interestingly, this blog mainly shows the amount of preparations to launch the Sailing Letters project, and at some points the major project for digitizing a substantial number of other archival records is already hinted at. For the historiographical background of the projects dealing with the Prize Papers this blog – kept alive after finishing the Sailing Letters – is invaluable.

Logo Marine Lives

A second major project tapping the riches of the HCA archive is Marine Lives. This project puts the life of sailors and the events touching their ships first. In striking difference with the projects for the Dutch letters you find here images and transcriptions for selected items taken from several HCA record series. In fact the team of Marine Lives organizes campaign to deal with a clearly set case or a few registers. At present you will find for example a project focusing on the capture of three ships with Spanish silver in 1652, using in particular the HCA 13 series with in its 272 bundles and volumes in particular answers and examinations in prize cases and instances. For this case only the team does use as main resources four volumes of the HCA 13 series, HCA 13/66 to HCA 13/71. The description of this case is a veritable mine of information, and you will benefit from looking at this case, its references and bibliography. At the website of Marine Lives you can find the transcriptions of relevant pages in HCA 13/69. For other projects participants in Marine Lives have also looked outside the HCA archive, for instance at probate records and chancery records. By casting its nets wide Marine Lives does in my opinion justice to the sheer range and scope of the HCA archive, and their overview of records to be dealt with bears witness to this statement. Marine Lives is not just a project, but a set of projects showing the importance and impact of maritime life for British history in general. Most of them focus on a particular archival record documenting a period of one or two years during the seventeenth century, or in the case of the Silver Ships on a particular case.

Banner Global Worlds

The same width and broad scope is a feature of the bilingual Prize Papers portal created at the university of Oldenburg. Alas this portal does contain only announcements of research, and the website has not been updated since 2012. The projects of German scholars will cover subjects such as cultural exchange, the material world of Frisian in the eighteenth century, missionary activities, views of the body, learning foreign languages and the role of correspondence. Whatever the outcome of these projects their aim is clearly showing the chance to open with the Prize Papers windows on a world in various ways. A nice element of the portal is an image gallery showing boxes holding the paper materials, various objects, word lists, drawings and notes, playing cards and much more. The Prize Papers are indeed a great time capsule.

A seducing interactive map

Banner Prize Papers Atlas

In the last major project open access and subscribers-only access rub shoulders. When I spotted the interactive map accompanying Brill’s online edition of selected Prize Papers I knew I would write here about it sooner or later. The interactive map uses information for the period 1775-1783, the years of the American Revolutionary War and the Fourth Anglo-Dutch War, doubtlessly a very interesting sample period. The sample uses some 7,000 interrogations. In her background essay for the Prize Papers Online I Caroline Kimbell of the National Archives skilfully tells the story of the various locations and the rare use of the Prize Papers before 1980, a story not to be missed. At the map you can pose your questions helped by eight search fields about ships and six fields for their crews. The introduction contains a number of preset configurations for a number of subjects, for example the voyages of sailors from Scandinavia or the origins of illiterate crew members. The results on the map contain clickable links to the scans which can in most cases only be accessed by subscribers and subscribing institutions. Only at this point it becomes clear it is indeed the HCA 32 record series forming the backbone of this large-scale project with five sets, each of them focusing on a period of war. Eight sample biographies with scans of the interrogations accompany the map, as does a list of some studies, a number of them available online. You can search online in each set, but you will receive only restricted information and a thumbnail for the purchase of full access.

Logo Prize Papers Online

In the last paragraph I already hinted at a problem with the selected periods, the choice for war years. Wars had and have a major impact on society, but one will have to look at the years before and after a war, too, to gain insight into any substantial differences. The choice for war years during the eighteenth and early nineteenth century does make it possible to compare consecutive wars and changes in conditions for ships and crews. A second problem is the decision to include here only interrogations, presumably taken in overwhelming majority from the HCA 32 series. The guide to the HCA archive at the website of the National Archives shows precisely for this series a nice division into sets stemming from war years, and obviously the temptation to start with its crisply defined sets has been strong and convincing. I cannot help noticing the omission of the very series number in the introduction to each set of Brill’s Prize Papers Online. The correct references are also lacking for the sample biographies, In contrast to the images for the other projects discussed here the images of the scans of Brill’s project do not show the HCA 32 numbers.

Contrary to the policy for many commercial projects with digitized historical resources Brill does indicate clearly the price of € 45,000,- for purchase of access to the five sets, and € 8,500,- for yearly subscription. Access for one set comes at € 9,000,-. As a matter of fact Brill does offer a number of books online in open access, and this publisher gives discounts and waivers to people in developing countries for some online materials. The old motto of this Dutch firm, Tuta sub aegide Pallas, “safe under Pallas’ shield”, has evidently renewed its meaning and significance. Many will read here protection for its own interest instead of protection and care for the texts written by Brill’s authors trusting the high standards of this publisher.

Some questions

Is it a blessing in disguise that only some years of the HCA 32 series can only be accessed online at subscribing institutions? Instead of lamenting the protective shield around Brill’s digital resources we could also consider the chance to create in new projects open access to other series of the mighty HCA archive kept at Kew. In my view the different approaches shown here each have their qualities. The Dutch projects with the letters literally give us the most telling personal stories. Marine Lives makes a choice to look at a number of HCA record series and at particular cases. The team at Oldenburg promises to open vista to global worlds, but the portal shows no results at all, apart from the tantalizing showcase with a great choice of images and objects. The interrogations published by Brill benefit from the standardized form with thirty-two questions which makes this series to a substantial extent reliable and open to statistical treatment. Many scholars will use it as a part of their own research, not as the sole resource at the center of their interest.

Anyone organizing large-scale projects in the humanities does know that finances are often a determining factor in launching and finishing them. Brill obviously reckons the internal qualities of the record series is sufficiently high to make institutions pay for this publisher’s efforts to make this series of the Prize Papers accessible online. The interactive atlas is a showcase inviting scholars to convince their institutions to give them access to this remarkable resource. However, the German project convinces me even in its embryonic stage and hidden progress there is indeed a world to win when we opt for a broad approach to the records of the High Court of Admiralty. Marine Lives probably makes the wisest choice to alternate between singular records and major cases within a limited time span, and thus you can gain relatively quickly more insight into the chances for further research using the entire range of the sixty great HCA record series. The digitized letters remind you to remember the human and personal aspects of the large theme or subject you would like to investigate.

Banner National Archives

Perhaps it is wise to realize your luck as a historian in having at your disposal on your screen one or two major record series within the many boxes of the HCA archive. In view of the prize for the sets offered by Brill the best policy is probably to go to a subscribing institution for online access to one or more of these valuable sets, to arrange for images from the National Archives at Kew, and to pay a visit to this outstanding archive.

A debate about the use of digital resources should not lead us away from scholarly literature en sources in print dealing with the High Court of Admiralty. Using the Karlsruher Virtual Katalog and tapping the wealth of the library of the Max-Planck-Institut für europäische Rechtsgeschichte in Frankfurt am Main you can find numerous publications. Eighteenth-century pamphlets and books, too, can be most helpful or serve as a starting point for archival research. In his research concerning Admiralty cases from the sixteenth century Alain Wijffels (Leiden/Louvain-la-Neuve) looked in particular at the role of Roman law. Wijffels has devoted several studies to Admiralty cases, including even in 1993 a Cambridge Ph.D. thesis on Civil law in the practice of the High Court of Admiralty at the time of Alberico Gentili. Do not tempt me to add here more than just the titles of relevant publications of the Selden SocietySelect pleas in the Court of Admiralty, vol 1: 1390-1404 and 1527-1545, Reginald Marsden (ed.) (London, 1892; Selden Society, 6), vol. 2: 1547-1602, Reginald Marsden (ed.) (London, 1897; Selden Society, 11) and – more recently – Hale and Fleetwood on Admiralty jurisdictions, M.J. Pritchard and D.E.C. Yale (eds.) (London, 1992; Selden Society, 108)!

There is enough space and material for approaching again this court with its magnificent holdings and using them to the benefit of the field of legal history, too. If legal historians want to have open access to any HCA record series which has not yet been digitized, it is up to us to follow in the wake of the Marine Lives team, and to start our own projects to achieve this aim. Publishing firms will steer their own course. Some universities have already created their own open access publication series or indeed changed their university presses into open access establishments. In my view watching from aside the struggles between publishers and libraries about access to scholarly publications is to take sides. The scholarly community itself has to play an active rol in this turbulent period with major changes in communication and access to information. Fighting for open access has only just started.

A postcript

Almost two weeks after publishing this post I heard about another project with Early Modern letters. The international project Signed, Sealed & Undelivered deals with some 2,600 letters – written in six languages – from the seventeenth century found among the holdings of the Museum voor Communicatie (MusCom) in The Hague which received the letter trunk in 1926. New technology will be used for the deciphering of 600 of these letters without even opening them, and thus preserving the sometimes peculiar foldings of personal messages.

On February 1, 2016 the Huijgens Institute in The Hague announced news about funding by Metamorfoze, the Dutch program for conservation and digitization of written and printed cultural heritage, for digitizing 160,000 pages with Dutch materials from the HCA archive as a new phase of its own project Prize Papers Online.

Roman law and its digital life

Scholars working in the field of Classical Antiquity have wholeheartedly embraced the use of digital tools. Some portals concerning aspects of the ancient Mediterranean are even among the very best current websites. It is a sheer joy to figure out for example how to travel from Asia Minor to Italy using the Orbis interactive map created at Stanford University. In this post I would like to look at the possibilities to work with Roman law texts in digital versions.

Banner of the Amanuensis program

Are websites or tools available which can help to achieve the aims of both traditional and more advanced aims in classical philology when dealing with the texts of the great Roman lawyers and the compilations created in the sixth century AD? The answer might surprise some younger readers, but in fact one of the earliest computer programs dealt already with this subject. One can only admire the foresight and wide view of Hofrat Josef Menner (Universität Linz) to create the program Romtext not just for Justinian’s Digest, but also for his Codex and Institutes, for the Institutiones Gaii and the Codex Theodosianus as well as the Breviarium Alarici (Lex Romana Visigothorum) and even less well-known texts, for example the Tabula Heracleensis. The program functioned since the early seventies on a standalone computer. His program has now been converted by Peter Riedlberger and Günther Rosenbaum into a modern program, called Amanuensis. This tool was launched in March 2014 and is available both for the main personal computer systems and also as an application for smartphones. Amanuensis has been out already for some time now, and version 1.5.2 certainly merits attention here. In the Zeitschrift der Savigny-Stiftung für Rechtsgeschichte, Kanonistische Abteilung 101 (2015) 793-794 the creators announced their tool in print to the scholarly world.

The search screen of Amanuensis

The origins of Amanuensis from a computer system with only bare essentials is still immediately visible in the austere search screen, both on your pc and on a smart phone. However, in this new incarnation Romtext still scores above the various websites with Roman legal texts where you can perform only searches in one singular text, not within the complete corpus of Roman law texts. The list of resources even includes three early medieval Germanic law codes, the Völkerrechte. You can set the search interface in sixteen different languages. You can tune the search mode to include exact phrases, skip occurrences or include various endings of a word, and by clicking on a paragraph you get the context into view. It is also possible to search for particular texts using the normal abbreviations for Roman legal texts. Amanuensis does deal also with assimilation in words to make searching for different spellings easier. In other words, you can perform the kind of searches you expect of similar tools. Long fragments in Greek have been excluded from the corpus.

Logo The Roman Law LibraryOn my own legal history portal Rechtshistorie I have listed at the page for Roman law links to a number of digital version of the Corpus Iuris Romani. At the Latin Library the texts for Roman law compiled under the authority of emperor Justinian have been put together in one section, the Theodosian Code and the Institutes of Gaius appear separately. Surely The Roman Law Library at Grenoble can boast the largest variety of Roman legal texts, but here, too, you have to search within individual sections. Yves Lassard and Aleksandr Koptev include at their magnificent portal when possible two or even more editions of a text, something to keep in mind when using Amanuensis and other resources, such as the very good searchable versions of the Institutiones Iustiniani, the Codex and the Digest at the Intratext Digital Library. At Intratext you can for example also search for words in alphabetical listings and benefit from the KWIC presentation (keyword in context).

A plethora of texts

Lately I have looked at several online text corpora, and it is rewarding to mention here at least some of them. The Corpus Scriptorum Latinorum guides you for Roman legal texts to the versions at the Latin Library. DigilibLT, Biblioteca digitale dei testi latini tardoantichi (Università degli Studi di Piemonte Orientale (Vercelli)), does not include any Roman law text among its Latin texts from Late Antiquity. The Bibliotheca Polyglotta created at the Faculty of Humanities at Oslo University is awe-inspiring for its sheer scope and range, from Arabic texts to the Bible in several languages, and from Ashoka inscriptions to the Universal Declaration of Human Rights. However, Roman law is absent. At Monumenta, a Swiss portal created by Max Bänziger, you have access to a large number of texts in classical and medieval Latin, but legal texts have not been included.

In another Swiss project, the Corpus Corporum – Repertorium operum Latinorum apud universitatem Turicensem at the Universität Zürich, you will find a wealth of Latin resources, among them for medievalists Migne’s Patrologia Latina. This portal builds on the strengths of some digital corpora which figure in this paragraph. I would have expected to find Roman legal texts in the section Latinitas Antiqua, but instead you will find Justinian’s Digest and the Institutes of Gaius among the Auctores scientiarum varii as the only Roman legal texts. For a different slant – and a very different layout – you can visit the Bibliotheca Augustana created by Ulrich Harsch (Augsburg) who has not only the Iustinian codification and Gaius’ Institutes, but also the Laws of the Twelve Tables, Diocletian’s price edict and other short texts.

Banner Perseus Digital Library, Tufts University

Let’s conclude this brief tour of major textual corpora for digital humanities with the Perseus Digital Library (Tufts University, Medford, MA). You might wonder why I did not start with this digital library, doubtless the richest online resource for Greek and Latin texts, and you will not be disappointed here when looking for the Qur’an, Icelandic sagas or texts on American history, too. Roman law is conspicuously absent. On a separate domain the Perseus Catalog does bring you to external versions of Justinian’s Digest, even in the 1909 translation by Charles Monro and William Buckland, the Institutes and the Codex, and to the edition by Theodor Mommsen and Paul Krüger of the Corpus Iuris Civilis at the Internet Archive, with the Institutiones and the Digesta (5th ed., Berlin 1888), the Codex Iustinianus (5th ed., Berlin 1892) and the Novellae (Berlin 1895). The Perseus Catalog does not bring you to the Codex Theodosianus also present at the Internet Archive in the edition by Mommsen and Paul Meyer (Berlin 1905). The Perseus Digital Library exists also in a special version for advanced philological research, Perseus under PhiloLogic, using the PhiloLogic technology developed at the University of Chicago available for text collections, encyclopedias and dictionaries, in many cases in open access. It would be great to approach Greek and Roman legal texts, too, with modern digital tools.

Knowing more is more than just fun

Today I received a flyer of a Dutch newspaper advertising with the slogan “Meer weten is wel zo leuk” [Knowing more is really nice]. I immediately combined their advertisement with the matters at stake here. The ideal of an all-embracing Altertumswissenschaft can still bring a smile on our faces. It would be great to connect aspects of ancient civilizations seamlessly and effortlessly with each other, and indeed the online availability of so many resources and their rich variety makes achieving the aim of histoire totale less far away than before. Why does Roman law get such a marginal place in the text corpora described in the middle of this posting? I had better not speculate on any answer. Perhaps Romtext and its current form simply have not yet been noticed very much outside the German-speaking world.

In last month’s posting about law and pocket books I noted an Italian pocket edition of the Digesta, but now you can actually have the Corpus Iuris Civilis and some supplementary texts literally in your pocket. It is not just that the Romans paid particular attention to legal matters, it is not even the perfection of their laws and commentaries nor the brutal exclusion of whole groups in society, it is the impact on Roman society and the reception of Roman law that matters crucially in understanding the Roman world and its significance during two millennia. Leaving out law when talking about the Romans might make things seem easier, but it does leave out something that mattered very much to them.

In fact scholars in the field of Roman law might sometimes yearn to achieve what others working in fields such as Assyrian and Egyptian history have already done with computers and digital tools. One can only admire the way ancient inscriptions and papyri have been made accessible online. The way things work for studying Roman law are changing, too, even if you can only find a trickle of news about Roman law on the deservedly famous blog of Charles E. Jones, AWOL – The Ancient World Online. Thanks to Sarah E. Bond’s blog about law in Classical Antiquity and her links I arrived at Paul Du Plessis’ (Edinburgh) very useful online companion to Borkowski’s Textbook on Roman Law (5th ed., Oxford, etc. 2015) who alerted me to the services of Amanuensis, and made me work to update my webpage on Roman law.

Logo Ius Civile

In most cases the Ius Civile portal of Ernest Metzger (University of Glasgow) is one of the surest places to look for online information about Roman law, for example his clear listing of online versions of the various parts of the Corpus Iuris Civilis, but evidently Amanuensis has yet escaped his attention. On the blog of the online scholarly journal Roman Legal Tradition Metzger alerted on September 8, 2015, to a recent article by Thomas A.J. McGinn on Roman law and the expressive function of law. It is worth citing Metzger’s opening words:

Those who study Roman law don’t “collaborate” with other disciplines: they live in them. Romanists who aren’t part philologist and social historian don’t exist, and without some acquaintance with philosophy and the history of ideas they’re just left behind. So they don’t talk about “interdisciplinarity.” Like the old joke: “What’s water?” said the fish. The corollary is that Roman law is the perfect mirror for all manner of studies, and that includes relatively new ones, like the expressive function of law.

Metzger succeeds in making his readers really awake! To do justice to the role and importance of Roman law legal historians should do their best to bring this fact to bear on the study of Classical Antiquity, and make other scholars more aware of and wary about Roman laws, lawyers and institutions. Roman law is indeed a mirror of all aspects of the Roman civilization. In my view the mirror of ancient society is distorted when Roman law in its turn is not clearly visible. Of course the laws of the Romans can be biased, disgraceful or wrong, but a mirror should show such characteristics, too. Specialists of Roman law might be versatile scholars in other disciplines as well, but it is up to scholars in these disciplines to turn an eye to Roman law. You are at your own peril when you turn a blind eye to this central element in Roman life and culture. Having a nifty tool as Amanuensis at your disposal, if you want at your finger tips, can be most useful to make your mind up about Roman law. We have to thank scholars such as Josef Menner, Yves Lassard, Aleksandr Koptev and Peter Riedlberger who took and take the trouble of paving roads to electronic access to Roman legal texts.

logo-Index Iuris

This week I noticed also the launch of Index Iuris, a portal at the University of South Carolina, Columbia, SC. Its creators, Colin Wilder (University of South Carolina), founder of the portal The Republic of Literature, and Abigail Firey (University of Kentucky), leader of the team for the Carolingian Law Project, have as their aim the development of a portal for all kind of historical legal texts. Including resources such as those now available in Amanuensis will be a major asset for this ambitious project. Hopefully it will not detract too much energy from their other projects, and exactly for this reason the co-operation of other scholars is most welcome.

Everything but law? On revisiting portals for medieval studies

Logo Reti MedievaliHowever vast the variety of all possible sources of information on Internet, and however strong the seduction of One Tool to Find Them All, there has always been a need for gateways and portals to find your way to specific subjects. The field of medieval studies has been lucky to benefit since many years from some great virtual portals and gateways. Some have become my favorites, others I visit only rarely. Lately I realized I use at Reti Medievali only the Calendario, its calendar of scholarly events for searching events linked to legal history which I gather at the congress calendar of my blog. Reti Medievali translates literally as “medieval nets”, because the information of this portal is literally located at a number of separate websites. Can you fetch in medieval law with any of these nets? How does Reti Medievali compare with some other portals and gateways? At least some parts of Reti Medievali can be viewed not only in Italian, but also in English, French, German and Spanish. In the second part of this post I will look at a most valuable contribution to the history of medieval law, the online version of a multi-volume publication published last year. For me its presence at Reti Medievali was a welcome trigger to have a broader look at this portal, to write about it and to compare it with some of its companion portals.

Fishing the seas of medieval studies

Reti Medievali (RM) started in 1998 as an initiative of scholars at five Italian universities to support and unite medieval studies both in the real and the virtual world. RM has even its own society. Since 2001 RM worked also with scholars outside Italy. Nowadays you might see Reti Medievali as a fleet, with on its ships a library, an events calendar, teaching tools, e-books, essays, an internet guide for medieval studies and its own online journal. At RM the section RM Memoria has the least transparent title, but it offers a concise bibliographical introduction to the medieval history of Italian regions and a number of Italian medievalists, and also a small section with three medievalists from abroad and a corner for medieval Spain. Among these scholars are some famous legal historians, for example Carlo Guido Mor, Pietro Torelli and Giovanni Tabacco. Reinhard Elze figures among the three non-Italian medievalists.

My first port of call at Reto Medievali should be the Repertorio. Here you can find at a general level overviews of the situations of medieval studies in eight countries, an overview of scientific journals, and nearly thirty introductions on a number of subjects and themes. Each introduction contains a – sometimes elaborate – sketch on its subject, and then proceeds to relevant sources in archives and libraries, editions, online resources, and closes with a bibliography. Legal history is certainly present here. The report by Riccardo Rao on Le risorse colletive nell’Italia medievale (2007) deals with recent scholarship about communal goods and several forms of medieval commons; Italy gets the main focus, but Rao provides also some references to other countries. Primo G. Embriaco dealt in 2006 in a similar way with the Regnum Italicum and with the power of lords in Italy from the ninth to the thirteenth century. In both introductions he mentions law at a few turns. Enrica Salvatori only mentions statutes in her essay on La civiltà comunale italiana [The civilization of the Italian comune], and apart from the useful references concerning municipal statutes law is nearly absent as a primary subject. Anyway, updating this introduction written in 2003 would be sensible. Tommasso Duranti gives an introduction to late medieval diplomacy (2009), and Nicola Lorenzo Barile deals with Credito, usura, prestito a interesse [Credit, usury, loan with interest] (2010). Reti Medievali could score much higher here if they had not presented the general theme overview with a plugin that your browser might not support in any language version. Translating the titles of the contributions for a number of items within the general scheme would be a most desirable and not too difficult service.

A tour of medieval portals

Instead of being content with such criticisms I prefer to look now first at some other well-known portals and see whether they give more space, a wider view or a more up-to-date treatment of matters concerning medieval law and justice.

Logo MénestrelCan the minstrel of the French portal Ménestrel convince us to visit it regularly for information about medieval law? Luckily there is an English version of many pages, or at least an introduction in English, and in some cases a clear promise to translate particular pages. Ménestrel started as an offspring of the journal Le médiéviste et l’ordinateur (1979-2007), one of the earliest journals concerning the use of computers for medieval studies. Ménestrel wisely admits it will not try to outdo websites which fulfill all possible wishes about a subject, but instead this portal will refer to them. Alas this promise is not kept for the field of medieval law. Although this subject does show up many time when you use the free text search (droit) there is no attempt for a general overview. However, implicitly you can reach legal subjects by looking at the auxiliary sciences (palaeography, codicology, diplomatics) and some of the classic sources such as charters and cartularies. These sections rank with the best guides in this field. In its early days there was a fine section on medieval canon law maintained by Charles de Miramon (Paris, EHESS). but eventually this section was removed. Among the few spots at Ménestrel with space for ecclesiastical law was the section on histoire religieuse, but alas that section, too, is now defunct.

As a ray of light is the recent inclusion at Ménestrel of juridical documents in the section for Paris médiéval. In the section with documents you can learn about documents normatifs, sources such as ordinances, and sources judiciaires, in particular sources about the judiciary, but strangely also customary law. However great or small these deficiencies at Ménestrel, it is great to have this guide to medieval Paris. Ménestrel is wonderful for its country overviews of medieval studies and the overviews of archives and manuscripts, and there is also a section on teaching medieval history.

Logo MediaevumAt the German portal Mediaevum, the great online gateway to medieval Germanic languages, it is only in the large section for dictionaries (Wörterbücher) that legal matters come to the surface. Gerhard Koebler (Innsbruck) has created online versions of several of his dictionaries, among them one for medieval High German (Mittelhochdeutsch). Koebler’s website is a veritable portal to Germany’s legal history. Of course Mediaevum mentions the Deutsches Rechtswörterbuch, a project described here in a post last year. A promising link to a bibliography about Jews in medieval Europe is actually broken, but I did arrive at the Arye-Maimon-Institut für Geschichte der Juden (Universität Trier) and at a project led by Christoph Cluse concerning Medieval Mediterranean Slavery which does contain both a bibliography and a bibliographical database.

Logo ORB

There are several medieval portals with an exclusively English interface. The ORB (Online Resource Book for Medieval Studies) is one of the oldest still working portals. For this portal Brendan McManus created a concise section for medieval law, with reference to online version of Roman law texts, bibliographies for Roman law and canon law, and some links. The Labyrinth (Georgetown University) used to be a substantial gateway to medieval studies, but in its present clear design it is just a web repertory with commented links, lacking law as a general category. The number of relevant law links to be found with a free text search is meagre. Some links lead to the Medieval Sourcebook (Fordham University). This university in New York has placed this project conceived by Paul Halsall on a legacy subdomain, but you can still find here a splendid selection of sources in English translation for many subjects and themes, including medieval law and justice, for example about feudalism; the introductions, too, are interesting. However, The ORB and The Labyrinth do not attempt at covering the whole field of medieval studies. You will look in vain for an events calendar, a discussion forum or an online journal.

Logo Netserf-Law

This parade of American portals for medieval history would not be complete without NetSerf, a classic web repertory for medieval studies. Its choice of general subjects is balanced, and every link is accompanied with a concise introduction. The section on medieval law has a main overview and seven subsections, one for documents and the six others for barbarian laws, criminal law and punishment, canon law, Roman law, the English common law and Spanish law. Some pruning might be needed. A nice example is a Carolingian capitulare, a law from 802 figuring among the “barbarian laws”, the “national laws” published within the territories of the Roman Empire between roughly 400 and 750 A.D. Thanks to further subdivisions the section on the medieval period English common law is thoroughly useful. The cross-references are often helpful, and NetSerf is certainly worth visiting.

Let’s not forget here the Online Medieval Sources Bibliography which often mentions translation, too. I should have added this reference to my recent post about digitized manor rolls at Harvard Law School, because in this resource you can search directly for editions of particular types of documents. The Avalon Project at the Lillian Goldman Library of Yale Law School has in its section for medieval documents (400-1399) some thirty legal documents and sources, most of them in English translation.

I would have been most happy to show you here a portal to medieval studies from the Netherlands and Belgium, but alas I cannot give you an unqualified example. The website of the Onderzoeksschool Mediëvistiek, the Dutch research school for medieval studies is strong in bringing news and information about scholarly events, as is its Flemish counterpart, the Vlaamse Werkgroep Mediëvistiek. The Contactgroep SIGNUM deals with the social, economic, legal and institutional history of Dutch and Flemish ecclesiastical institutions, but even the fine list of web links does not make this website into a portal site. The Francophone medievalists in Belgium have surely their useful society blog, and also the well-informed L’agenda du médiéviste, but as for now they have not yet launched a portal.

Banner Mittelalter blog

In Germany you will find in particular online tutorials for medieval history, for example Mittelalterliche Geschichte (Universität Augsburg), an online tutorial at Tübingen, and a Leitfaden Mittelalter at the e-Studies website of the Universität Köln. Within the Hypotheses network of scholarly blogs the Mittelalter blog has quickly gained a central role. This blog is close to current scholarly events and contributions. In a tree structure for scholarly disciplines at this blog legal history gets a niche in the section for Spezialgebiete (“special areas”), together with the history of medieval philosophy, religious orders and prosopography, surely nice company, but also a bit surprising. This tree has some other remarkable juxtapositions which gives you food for thought. Whatever you might think about this blog with its substantial blog roll, Martin Bertram did not hesitate to publish here last year an article about legal quaestiones from mid-thirteenth century Paris.

The results of this quick tour from a particular perspective are relatively clear. Ménestrel offers scattered information about legal history, but it almost turns the balance with the sections for the auxiliary sciences and its most valuable online guide to medieval Paris where legal records get judicious space. Mediaevum offers less relevant links than Ménestrel, but some of them are really useful. Thanks to its concise sections on medieval law the ORB Net scores better than the Labyrinth. NetSerf scores nicely with its section on medieval law which brings you to further sections with links, basic comments and cross-references. Paul Halsall’s Medieval Sourcebook and Yale’s Avalon project have both substantial attention for medieval legal history, and often they give you quick access to translation in modern English of important legal sources. A round-up of Dutch and Belgian websites did not add much to this tour, although all of them have at least one useful element. In Germany we saw a number of online tutorials for medieval history. The tree structure of the important Mittelalter blog left us somewhat bewildered about the role it accords to legal history.

Summa summarum

At the end of this post I bring Reti Medievali again into view. In my opinion this portal shines out for the sheer range of sections and approaches. Mediaevum is perhaps even better, but it is restricted to the Germanic languages and literature. Ménestrel satisfies many needs and it is strong on some fields with traditional importance for legal historians, but a general section about medieval law is sadly lacking, as are pointers to better resources. The absence of legal history is precisely more visible because the sheer width of disciplines is stunning, and some of these sections are truly superb. Italian medievalists can benefit for the auxiliary sciences from the Scrineum project at the Università degli studi di Pavia, and thus it does not matter so much that the Repertorio of Reti Medievali does have only one section from 2003 on this subject.

I f you create a grid with a number of fields for elements at these portals, such as sections for various disciplines with guides and bibliographies, an event calendar, news, a blog, a digital library, teaching tools and a scholarly journal, preferably in open access, you can quickly see which portal meets most demands. Even though it does not offer you everything in this list, Reti Medievali trumps the other portals when you look primarily for sheer width. Of course I realize that you will often go from one portal to another, and in fact I have set out here how to do this for medieval legal history. RM has a digital library and an online journal, RM Rivista appears since 1999. This journal is supported by Firenze University Press which publishes more journals in open access.

RM e-Book, the series of digital publications, is published also in cooperation with FU Press. The twenty books so far published in open access often touch upon subject related to legal history. Political history, political theory and the interplay between secular and ecclesiastical powers are the main subjects. No. 19 of the series is in itself reason enough to start having a closer look at RM, and in fact this spurred me to start writing this post. The four volumes of Honos alit artes. Studi per il settantesimo compleanno di Mario AscheriPaola Maffei and Gian Maria Varanini (eds.) (2014) are a Festschrift for one of the most versatile contemporary scholars in the field of legal history. These laudatory volumes for Ascheri (1944) deal not only with medieval Italy, but also with towns and cities in Early Modern Europe, the cultural dimensions of the history of law in Europe, and also contemporary law and institutions in Europe and America. The overview of the contents will reassure you immediately of the presence of contributions in English, German and French side by side with articles in Italian. Medieval consilia, Siena and Tuscany, to mention some of Ascheri’s beloved themes, are often addressed by the authors, but in fact you will find articles touching many corners of Europe. The online versions are not just helpful for everyone without access to the printed version, but give you the possibility to search quickly for your own favorite themes and subjects.

The gist of my post is clear: instead of staying with one portal it can be most useful to look elsewhere, sometimes for specific questions, sometimes because of sheer curiosity or the expectation of interesting news just outside your normal fishing grounds. In my experience you will surmount the difficulties of other languages whenever your interests are really awakened. When you come back from one of these portals you might turn to the mighty volumes of the great Festschrift for Mario Ascheri, and find at every turn new aspects of medieval and later legal history. The four volumes build an impressive plea for the importance of legal history, meriting not just a room of its own in the mansions of history, but more convincingly as core connections between periods, subjects and themes.

Gathering all strengths for Nepal

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

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

Access to resources about and from Nepal

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

Nepals legal history

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

Digitized books and open access

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

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

The telling images

Header Nepal Picture Library

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

Not just one language

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

Manuscripts and documents in Nepal

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

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

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

The balance between quick reactions and completeness

Header Savifa

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

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

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

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

A postscript

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

Creating convincing arguments in court

Banner image of two muses, Themis and ClioLately I was gently pressed to add a particular blog to my blogroll. I argued that it does not deal primarily with legal history, although it is in many respects a most valuable blog. Even after a second plea, accompanied with a nice variant on Ceterum censeo… I still stick with my argument, but in fact this blog had already been included in my blogroll…  On closer inspection of the links now present I also looked at the growing number of online journals in open access dealing with legal history. The latest issue of Clio@Themis [8 (2014)] deals with the history of legal argumentation, a theme which has had my interest since many years. I also spotted the announcement of an upcoming scholarly event in May on this subject. Nomôdos, the blog of Clio@Themis, is most useful in tracing new publications and announcements concerning legal history in France. Thus it is a source for my congress calendar, and of course it is listed in my blogroll. These two subjects give me enough materials for this post.

Arguments in courts

Clio@Themis is a French scientific journal with most of its articles in French, with abstracts in English added to them. The journal has a tradition of including as a bonus a French version of classic legal articles. Its latest issue called L’argumentation au cœur du processus judiciaire skips this feature. Seven articles deal with legal argumentation in court proceedings. Two other contributions are only loosely connected with the general subject of this issue.

Logo CHJ Université-Lille 2

Catherine Denys and Naoko Seriu introduce the theme of this number and elucidate briefly the subjects of the seven articles which originated at three days of scholarly encounters around this theme in 2012 at the Centre d’Histoire Judiciaire (Université Lille-2). They describe a shift from viewing legal argumentation solely as part of legal doctrine to an approach akin to the way philosophers, sociologists and linguists deal with speech acts. The history of the judiciary and legal practice is here the primary field of investigation. The use of arguments is seen here as a part of a strategy to get favorable results in court.

The focus of all articles is on three European countries during the Early Modern period, with the exception of two articles dealing with subjects from the nineteenth and twentieth centuries. In the first two articles the sixteenth century comes into light. Alain Wijffels discusses procedures claiming revisions of earlier trials at the Grand Conseil de Malines, the highest court of the Habsburgian Low Countries. The appeals for revision should be allowed in cases of factual errors (error facti) and in principle not for any legal error (error iuris), but in actual practice both kinds or error could be redeemed. The interesting thing is how lawyers at Malines argued about this state of affairs.

Marco Cavina deals in his contribution – in Italian – with the views of Carlo Ruini and Andrea Alciato concerning the different types of legal counseling in consilia. Alciato sketched a model with different approaches used by lawyers. Some went for subtle reasonings (subtilitates), others for the archetypical Renaissance – but essential medieval – abundance (copia) of allegations from Roman and canon law, and a third group imitated the brevitas of the classical Roman lawyers and their compact way of expressing opinions. Alciato frowned upon publishing consilia for several reasons, but his own contributions to this genre, too, were posthumously printed.

Isabelle Arnal-Corthier looks at materials sometimes presented to the Parlement de Toulouse in criminal appeal cases between 1670 and 1700. Instead of just a hearing of the accused for an appeal in criminal cases as punctuated in the royal ordinance of 1670 barristers often brought also a lettre de cassation to this court. The defense adduced in these cases mainly arguments about the competence of lower courts, insufficient evidence or irregularities during judicial procedures.

Yet another French court, the Parlement de Tournai and its third chamber in the late seventeenth century, figures in an article by Jacques Lorgnier who deals with cases concerning property rights and conflicts about the cost of church repairs. This foray into actual argumentation leads him to the hypothesis that the justiciables, the people going to court and their legal representatives, trusted the workings of rational arguments in the face of solid proofs within the framework of legal procedure.

Logo ADN

At this point I would like to mention the great resource created by legal historians at Lille for doing research into the history of the Parlement de Flandre. In the database ParleFlandre you can find more than 30,000 dossiers from the série 8B1 at the Archives Départementales du Nord (ADN) in Lille. Lorgnier uses cases from another series of dossiers at the ADN, the série 8B2. For the history of the Low Countries the archival collections at the ADN contain many important documents. At Fontes Historiae Iuris, the virtual portal at Lille to digitized resources concerning French legal history, is a section with further resources for the Parlement de Flandre.

Naoko Seriu looks at a scarcely known crime at the end of the Ancien Régime, the illegal sale of military goods by deserters, in particular uniforms. Records of trials survive in which individuals were charged with buying these illegal uniforms or the vendors themselves were charged with this crime. Seriu compares the verbal strategies used and the particular differences in approach to exculpate themselves. I could not help noticing that the examples of cases stem mainly from Brittany, in fact from just one modern département, Ille-et-Vilaine. A comparison with other regions might be useful. At the EHESS in Paris Seriu studied with Arlette Farge, a French historian who has devoted much attention to the way stories are told in historical sources, recently in Condamnés au XVIIIe siècle (Lormont 2013).

Forays into the twentieth century

Bruno Debaenst (Ghent) brings us from France to Belgium and much closer to the twentieth-first century. In his contribution (in English) he has studied trials concerning accidents during work in around Mons between 1870 and 1914. Using dangerous machinery, imperfectly prepared surroundings, shortcomings in labor organization, and workmanship not up to demands were among the arguments heard around these cases. In these years the Belgian code of civil law still was a virtually unchanged version of the French Code civil, with scarcely attention to actual circumstances in an industrial society. Debaenst describes also the use of reports by experts, criminal investigations and testimonies. In the face of inadequate means to deal conclusively with liability defendants had much opportunity to evade responsibility for what happened in their firms, thus reaffirming the gap between workers and patrons.

In the last article of this special Frédéric Chavaud brings us to familiar scenes from modern crime series on television. He looks at the use of emotions between 1880 and 1940 as arguments at the Cour des Assises, the highest criminal court in French departments. Tears, laughter and fear were not only used by barristers and defendants, but also by others in court. Studying the history of emotions is not without its pitfalls, and Chavaud rightfully points to some pivotal studies. He uses mainly contemporary public reports about trials, and not the actual dossiers of the cases. These reports do convey a vivid image or proceedings, but one can suspect that their authors also follow well-known tracks to please the expectations of their readers. Of course it is exactly important to notice such bias and detect changes in them. Emotions can and could break rational arguments and reasonings, specially when directed at juries. Chavaud clearly focuses on the contemporary perception of emotions, and he rightly mentions studies about emotions in court published between 1920 and 1940.

The range in time of this special is pleasing, from the sixteenth to the twentieth century, and we read about both civil and criminal law. The geographic focus, however, is on France, even when admittedly you get a most varied view of French legal history. Luckily the Low Countries, Belgium and Italy add a European dimension. Lorgnier is the only author to mention the use of topical argumentation. I am afraid it is not quite possible to expand here very much on any of the articles presented here. You can always wish for more, and therefore I invite you now to the second section of this post about a congress where you might pursue this aim very soon.

Studying legal controversies

Banner Rennes 2015

La controverse. Études de l’histoire d’argumentation juridique [Controversy. Studies on the history of legal argumentation] is the title of the coming Journées internationales, the yearly congress organized by the Société d’Histoire du Droit. This year’s congress will be held at Rennes from May 28 to 31, 2015 with the Centre d’Histoire du Droit of the Université de Rennes-1 acting as its hosts. You might want to have a good look at the generous links section of their website and at its own digital library. Rennes is the capital of the département Ille-et-Vilaine mentioned above, and participants might want to visit the Archives départementales. The call for papers is still active. Proposals should be sent before March 10, 2015, and this is the closing date, too, for registration (mail: shd.rennes@gmail.com). Rennes is well worth visiting, in particular for the building of the old Parlement de Bretagne. Saint-Malo and the Mont-Saint-Michel are not far away.

Young scholars, too, get a chance at Rennes. There will be a atélier doctoral organized in cooperation with the Association française des jeunes historiens du droit, a society of young legal historians founded in 2013. You can send your proposals until March 30, 2015 (mail: assofjhd@gmail.com).

The congress wants to approach controversies both as a phenomenon within the territories of law, be it the judiciary, legislation or doctrine, and as historical cases of conflicts about a plethora of possible subjects. What was the impact of certain schools of thought? Which impact had other disciplines on legal theory and practice? It is perhaps necessary to keep in thought that the international dimension of the Journées was and is traditional that of the French-speaking world at large, the francophonie. The blog like website at Rennes nicely mentions the exceptional use of English for any communication. In a region with many British and Dutch visitors one might expect the start of a change to that tradition.

This post with a French flavor should also remind readers from the Anglophone world that those speaking and writing English are not the only possible center of the world of science. It can be truly useful and illuminating to know about different approaches in other countries, to practice them yourself or to use your approach on foreign ground in order to see how universal it really is. Anyway, I have tried to convey something of my joy in discovering this special of an online legal history journal, and I might well do this here again. In my blogroll or for example at Nomôdos or the blog of the European Society for Comparative Legal History you can choose from many online journals in the fields of legal history.