Tag Archives: Portals

Roads to foreign legal gazettes

Startscreen interactive map Foreign Law Gazettes, Law Library of Congress

To find current laws you will probably start by going to a national portal for legislation. Until two decades ago it was quite normal to search for new laws in legal gazettes, many of them now only appearing in an electronic format. Finding foreign legal gazettes can be a real challenge, especially for older issues. In this post I will look at some directories for foreign legal gazettes, and I will fcous in particular on the interactive map for finding legal gazettes created recently by the Law Library of Congress. This library is without any doubt the largest law library in the world. For me it meant a welcome opportunity to update the concise information about this subject on my legal history website Rechtshistorie and to write here at greater length about ways to trace legal gazettes.

Protecting the law

I was alerted to the new interactive map of the Law Library of Congress by a post at its blog In Custodia Legis. In fact several recent posts concern the efforts to create access to the LoC’s own vast collection of legal gazettes, for example a post from January 2021 with a video about the cataloging project leading to the interactive map, and a post in May 2022 about recent additions ot the digital collection of legal gazettes at the LoC.

Logo Law Library of Congress

Apart from navigating the interactive map you can also use the search filters provided at the start screen of the interactive legal gazettes map. It is most thoughtful to distinguish between national and subnational gazettes. In the overview below the map historical and municipal jurisdictions have not been forgotten, too, as is a succinct notice about the coverage of a legal gazette. You can also filter for six preset formats. There is also a mobile version of the interactive map. The menu button in the top right corner of the online map leads you to the LoC’s digital collection of legal gazettes, back to the main LoC website, or to the Ask a Librarian service. It would be helpful to provide here also a direct link to the Law Library itself which is not easily found from the startscreen of the Library of Congress. Its dimensions and importance make better visibility in my view an absolute must.

Strangely the website of the Library of Congress currently lacks a separate page devoted to its gazettes collection. The link to such a page does lead you only to its digital collection. The interactive map cum database is not included in the list with available databases, nor does it merit a guide among the rich choice of research guides. However, the LoC’s digital collection of legal gazettes – with currently nearly 8,500 items – is supported by a current number of 34 web archives of online legal gazettes worldwide. Maybe a kind of Quick Links section can help visitors of the website of the Law Library of Congress, at the collections page or its section Nations of the World of its Guide to Law Online. Internal references at such points can be most helpful, as are the directions provided in the introduction to its own important digital collection for this subject. I suppose we have to keep in mind the website of the Library of Congress is actually a portal site. It mirrors faithfully its vast dimensions and manifold qualities. The Law Library is one of the jewels in the crown of the Library of Congress that should shine more brightly at this great online portal! When you take into consideration the many positive aspects going often far beyond your expectations my remarks are not meant to diminish these qualities which I greatly admire.

Other roads to foreign legal gazettes

When writing this post it seemed the Library of Congress’ online repertory wins in importance by the fact I could not reach the online repertory for foreign legal gazettes created by the Center for Research Libraries (CRL) in Chicago. In fact I could not reach the CRL and its digital collections at all. There is a more restricted Directory of Online Government Gazettes at a personal web page of the University of Michigan. It can be helpful to use the list of government gazettes at Wikipedia, even when considering the very succinct listing with few details wihtin the list, but for a number of these gazettes dedicated Wikipedia pages exist. The similar list of the German Wikipedia, called Liste gesamtstaatlicher Vorschriftensammlungen shows more details. The version at the Spanish Wikipedia is just a list, giving you only fifteen gazettes for Europe. most national gazettes for Latin America, and also regional gazettes for Spain and Mexico.

Startscreen FLARE Foreign Offical Govenment Gazettes search, IALDS, London

Luckily the FLARE Foreign Official Government Gazettes Database of the IALS, School of Advanced Legal Studies, London, is up and running. With a free text search field and six fields for advanced search some reassuring care for bibliographical and practical information of this database is clearly present. However, when you click on results you will not always find exact information about the publication period of a gazette, but surely the notes are helpful, such as no more than one year is missing in holdings, and sometimes there is very full information about legal online portals for a particular country.

For some regions and continents you can benefit from special online portals. Thus for Latin America you might want to look at the Red de Boletines Oficiales Americanos, but alas this link, too, did not function. The Digital Library of the Caribbean (DLoC) contains a number of official gazettes. The International Union List of South Asian Newspapers and Gazettes is a searchable database of the Digital South Asia Library, University of Chicago.

The digital collection of some African and South Asian legal gazettes created by Harvard Law School Library has vanished from the HLS library website, nor can you quickly find an overview of all its digital collections after the latest overhaul of its website. It might be useful indeed to give some direction to the digital collections of Harvard University Library which brings you to these gazettes within its digital collections. Some kind of list or overview at a logical point would be helpful and certainly feasible, but this seems to have been only an element of earlier online forms of these rich collections. You will be happy to use the Excel sheet created in 2019 by LLMC Digital for holding of African legal prints at the Library of Congress and eighteen other libraries in the United States and Canada, with information about legal gazettes. law codes and legal journals. For Africa you can luckily use the subdomain for gazettes of Laws.Africa.

Some concluding remarks

From this brief post it becomes clear finding foreign legal gazettes can indeed be daunting, but the interactive map of the Library of Congress is surely a fine point to start your search for this document type, as is the database of the Institute for Advanced Legal Studies. Both institutions offer more than just ionformation on current legal gazettes. The paragraph for the main portals to legal gazettes at my website needs definitely some updating. It is disturbing to note some very respected institutions do not longer offer the full information about the legal gazettes they hold, nor indicate the current gateway to their materials. For some continents addiitional overviews exists, and their information is a welcome addition. The longevity of Internet and digital collections is not as complete as you would like it to be. In my view legal historians should take due notice of the fact many overviews of legal gazettes focus on their current form and presence. Historical overviews are a rarity on the main online portals for foreign law, and also in library guides for the laws of particular countries.

Whenever I come across digital collections with a substantial number of older issues or earlier gazettes I try to list them, but of course I cannot guarantee complete coverage. We should very much appreciate and welcome the efforts of teams at some of the world’s most renown libraries to create effective overviews of particular resources. Such initiatives should be a spur for research institutions to create better visibility for their libraries which offer so much more than just stacks for holdings in print and access to databases, online repositories and digital collections.

A postscript

The Center for Research Libraries repeated in January 2022 the Foreign Official Gazettes Database has not been updated since 2007 and is now only maintained as a legacy project. The digitized legal gazettes formerly available throught CRL can now be consulted at LLMC Digital in licensed access.

Legal history at Medieval Digital Resources

Banner Medieval Digital Resources

In the tenth year of my blog I feel the need to look back at some telling contributions. In a number of posts I compared portal for legal history, for medieval history, and even two major national digital libraries. In this post I would like to look at one particular portal for medieval studies, Medieval Digital Resources (MDR) created for the Medieval Academy of America. This portal was developed between 2014 and 2016. The project was launched in December 2018. Somehow I have not noticed the launch of this portal. In view of the efforts behind it and the criteria for inclusion and description it seems most interesting to discuss MDR here in detail, with some particular questions as a focus: What place does legal history hold at this portal? How does its place reflect the many roads of legal history?

Aiming high

Logo MDR

The explicit aim of the portal is ” to provide access to websites that contain content of interest to medievalists and meet the Academy’s scholarly and technical standards of web presentation”. In my view this leads to two goals, selecting resources which are sufficiently interesting for scholars, and at the same time considering the quality of the virtual representation. I see here two questions: Do resources meet scholarly needs and standards? How well is their technical realisation? The Medieval Academy of America thanks a number of people in the acknowledgements, in particular Maryanne Kowaleski for designing the database assisted by Lisa Bitel and Lisa Fagin Davis. A team with six cataloguers and eighteen reviewers helped to give MDR its present shape.

You can approach the resources brought together at MDR in three ways. It is possible to browse for resources in alphabetical ordering, supported by an alphabet and a section Recent additions. A second way is offered by the search interface with multiple fields. You can search here directly for the title and description of resources, the date range and subject, the type of resource, the geopolitical region and the original language. You can also search for the original author or creator, the type of digital resource, the license, the modern language and the project status. A number of fields work with dropdown menus. The third approach is using the search field descriptions. Here you can find lists of descriptors for five search fields: subject, source type, region, original language and type of digital resource. You can look at the notes about the names of medieval authors which tells us catalogers will enter author names only when a sufficient amount of material within a resource stems from a particular author. The page about project status explains the criteria for giving a project included in MDR a particular status. The MDR depends on good input and suggestions from scholars, and thus the suggestion form is an important element of the website, as is the feedback form.

The page about standards explains at its end the reviewing process for new suggestions and the way the team behind MDR will deal with suggestions, but the sets of standards and criteria take up most space. The first set focuses on scholarly quality: meeting normal standards, the need for explicitly stating aims, goals and methods used, including providing collection parameters, and bringing a substantial contribution or innovation. Digitized monographs are excluded.

The second set of standards deals with access and design. The first criterion is meeting prevailing digital standards, with as examples the NISO standard for digital collections, Dublin Core and IIIF (International Image Operabiliity Framework). The second criterion is the need for metadata and consistent maintenance of content, interface and platform. Image quality according to regular standards is a third criterion, and the fourth criterion is wide availability and easy navigation. The fifth criterion calls for clear and correct dealing with publication rights, copyrights and credentials.

The third set of rules of inclusion explains the definitions used for complete, ongoing and pending projects. A pending project is “new and incomplete”, or unstable because the content is minimal, maintenance is absent or irregular, and thirdly “or that are longer publicly available”. Could it be the word “no” is missing the last clause?! The criteria for an ongoing project are consistent monitoring and regular updates over a year, with portals, databases and collections as examples. A complete project is fully realized and maintained, and a curated image or text collection and a thematic bibliography are given as examples.

Whatever you may think of this project in its present state, the explicit use of standards and the explanations about the criteria to be followed are in se very useful. It helps you to ascertain qualities not only subjectively or from impressions.

Selecting in practice

I had firmly convinced myself to look here first of all at sources you can connect with the study of medieval legal history, but it seemed also interesting to look which projects with the status “Complete” have been included so far at MDR. Nearly thirty projects have been assigned the status Complete. The very first result is the website of the Archivio Segreto Vaticano (ASV). Surely the ASV should figure here, but I could not help noticing a number of things about the notice. The term archives has not been used for a searchable field of this description. The modern language of the ASV is only stated as English, but of course you can view this website in Italian. Reading the description of the collections guide, “The downloadable guide lists the over 600 different collections, but not individual manuscripts of their contents.”, offers some food for thought, starting with the fact this guide (PDF) is in Italian. The collections of the ASV are generally archival collections, not manuscript collections as in its neighbour, the Biblioteca Apostolica Vaticana. In view of the number of collections at the ASV it is silly to expect for every collection full descriptions in a 96-page PDF. The choice of subjects given for the ASV, just three (diplomatics, manuscript studies and papacy) is fairly restricted, even if the additional description mention the wide variety of subjects, including legal history.

However, the main reason I start to frown when reading this description is the presence of the term Catalog in the list of resource types noted for the website of the ASV. An archive has finding aids and inventories, indexes, repertories and other tools to create access to its holdings. Personally I deeply respect the ASV for its various qualities, but you will not find any online finding aid on its website or on a separate portal. The online overview of archival collections at the ASV in ArchiveGrid is based on the Michigan project (1984-2004). Older printed guides can still be very useful. The most recent guide has been created by Francis Blouin et alii (eds.), An Inventory and Guide to Historical Documents of the Holy See (Oxford 1998) which incidentally goes beyond the ASV. You might want to read also the introduction to the ASV at the website of the Vatican Film Library, St. Louis University. Somehow the MDR notice about the ASV seems not to have been carefully reviewed. I am aware that in American use the word manuscripts can also mean papers of archival records, but its use here is not very lucky.

Looking again at the MDR search interface you will remark the absence of a search field for institutions or type of institution, and thus you will need filter yourself when searching for an archival institution. On the other hand you can filter using the preset combined fields for textual evidence for particular genres of archival records. Let’s have a quick look at some other projects at MDR having the complete status. The medieval manuscripts digitized for Europeana Regia are no longer available at its original URL. It is now available in an IIIF compliant form. The Orbis Latinus dictionary figures in the 1909 version digitized by Columbia University. The updated 1972 version is mentioned, but the notice does not indicate this version, too, has been digitized at Bayerische Landesbibliothek Online. The version of Columbia University is in German, only the introduction and some further links are in English. The notice for the Piccard Watermark collection lacks information about its language (German). The fact this kind of material evidence is also present in printed books and can be used for studying book history should become clearer. In his very early and short review of MDR on December 4, 2018 at Archivalia Klaus Graf suggested another resource concerning watermarks, the Memory of Paper, is more in place.

Using the general term legal in the free text search fields brings you to four projects. It is good to see here Diplomata Belgica, a project which figured here prominently in my recent post about Dutch charters. The three following projects are the Internet Medieval History Sourcebook, the Making of Charlemagne’s Europe – my subject in another post – and RELMIN, a project concerning religious minorities, briefly mentioned here, too. I could not help noticing RELMIN is described as an ongoing project, but in fact it is only maintained, and it provides translation not only in French, but also in English. The description at MDR is bilingual! The description of the Making of Charlemagne’s Europe mentions legal documents explicitly

By all means you might start asking me why I devote space to these defective aspects of the MDR database, as if it has no right to exist in its current form. However, it is only fair to assume that a project with six cataloguers and eighteen reviewers aiming to achieve goals which follow strict, even rigorous standards, should itself show high qualities, too.

Medieval law in focus

Let’s stick with legal history in the following paragraphs. I will look in MDR at projects filed with the subject Law, Law – Civil, Law – Crime and Law – Religious law. I will look also at some key resource types associated with medieval jurisdiction and authority. I will honour the attention of MDR to both textual and material evidence. Charters and legislation offer textual evidence, seals form also material evidence.

Searching for the general subject Law brings you at present 23 items. The alphabetically ordered list with 22 results shows foremost general resources, but starting from Chartes originales antérieures à 1121 conservées en France you are sure law is not far away. The French scholarly journal Cahiers de Fanjeaux devotes issues to matters of religious law, in particular heresy and inquisition. With The Medieval Canon Law Virtual Library and the project for medieval Welsh law you arrive safely in the fields of legal history. The Monumenta Germaniae Historica (MGH) does contain a substantial number of editions of legal texts and sources, and within the French TELMA project charters occupy an important place. The filter for civil law brings you to three results: British History Online, the bibliography of the Feminae project and again the MGH. For religious law as a subject MDR brings you to five results starting with the Digital Scriptorium again to Feminae, the Medieval Canon Law Virtual Library is present again, and you will find the digitized versions of the Patrologia Latina and the Patrologia Graeca. Clearly the subseries MGH Concilia with editions of medieval councils has not been taken into consideration, as are manuscripts with conciliar texts within Europeana Regia or in the Digital Vatican Library, to mention just two MDR resources. For the subject category Law – Crime I saw only British History Online and Feminae.

For charters MDR shows currently four projects, the original French charters from before 1121 at the TELMA portal, the Making of Charlemagne’s Europe, RELMIN and the TELMA portal. Diplomata Belgica has not been tagged with the term Textual evidence – Charters. The subject category Textual evidence – Legislation yields nine results in MDR. A search for seals in MDR brings you only to British Museum Collections Online. A search for courts brings you to British History Online, the French charters of TELMA and the Internet Medieval History Source Book. In the following section I will look at the implications of this situation regarding legal history for a general opinion about the qualities of MDR.

A beta version?

When I first encountered Medieval Digital Resources I had positive expectations about its content and quality. You might think my opinion of MDR has sunk dramatically in view of the way resources for legal history are currently presented, or are present at all.  However, I think it would be foolish to judge this gateway after analyzing only one subject in some detail. Anyone hopes to find something for his or her favorite subject. Alas another thing is perhaps more disturbing. When you search for items linked for a particular modern language, let’s take Danish, it is somewhat mystifying to get more than one hundred results without Danish being explicitly mentioned when you check these results. Of course I checked for Dutch also as an original language, and here it becomes clear that in the entry for the database Medieval Manuscripts in Dutch Collections Middle Dutch has not been entered explicitly as an original language. In due time the database for manuscripts with literary texts in Middle Dutch, the Bibliotheca Manuscripta Neerlandica et Impressa (BNM-i) should be added to MDR, too.

For some subjects the MDR is already very rich, for example for music. For other subjects you would like to see more than one or two scattered references, for example for palaeography. In a general search for the word archives you would expect to see the MDR entry for the online catalog Archives et manuscrits of the Bibliothèque nationale de France, but it does not show up. In early March 2019 the MDR database contained just 136 items. Yet nowhere on the website it is presented as a beta version, and the term “growing collection” is simply too vague. On the contrary, the preparations started in 2014, and the team worked on the database until 2018. Medieval Digital Resources now looks like a pilot for a much grander project.

One of the problems I see in the MDR database is the lack of a good working distinction between literary texts and non-literary textual resources. Another problem is how to deal with resources with a very wide coverage: Do you enter all themes and subjects separately or is there a category “General”? Perhaps a more serious matter is the approach to resources which focus on a particular language, source type, region, theme or subject, and to other resources where these are present at a more secondary level. A thorough control of the current entries and the preset filters might be helpful and is certainly feasible in view of their current number.

The team of MDR faces some very real challenges. How to steer between the justifiable wish to include projects according to strict rules in clear presentation, and the very real need to provide a sensible web guide for medievalists? If you want to get an impression of the sheer width of medieval studies you might want to look at the online Medieval Studies Bibliographies originally created by Charles Wright and now provided by ARC Humanities Press. You could start comparing for example the coverage in its bibliography for medieval Christianity and ecclesiastical sources the sections on the papacy and on canon law and councils. The ordering of sources and scholarly resources is not really clear, and comments are absent or very concise. However, Wright very wisely divides matters over nearly twenty bibliographies, including a general overview for medieval studies. I suppose you will acknowledge the fact that in daily practice we might rely often on some resources which are not absolutely perfect. You need also guidance to use the proper resources, preferably in their most reliable and updated version. The massive Handbook of medieval studies. Terms – methods – trends, Albrecht Classen (ed.) (3 vol., Berlin-New York 2010) has more than 2700 pages.

Despite my reservations and critical remarks I cannot help admiring the idea to provide a commented gateway to resources using review to clear standards. By starting with just 130 resources the MDR exposes itself to criticisms. You cannot hide the fact that a project with eighteen team members from an institution promoting excellence in medieval studies should have started differently after five years of preparation. I had expected to see already a tag IIIF compliant added for projects with digitized medieval manuscripts. Perhaps it is wiser to start enhancing MDR with a focus on countries such as England, France, the Holy Roman Empire and Germany, and to add only gradually additional resources following a plan for particular subjects, languages and resource types. It seems wise to make such things clear right from the start. Technically I found MDR rather slow functioning. Among the projects I encountered at MDR I had not yet used the licensed ACLS Humanities E-Book collection with nearly 300 books in the subject category European 400-1400. The selection contains an electronic version of Anders Winroth’s The making of Gratian’s Decretum (Cambridge, etc., 2000).

If Medieval Digital Resources will become worth visiting and using in the future, some quick measures are necessary. Hopefully scholars are willing to suggest new resources for inclusion. However excellent it will eventually become, I am sure maintaining standards and doing ordinary maintenance will be core matters for the team working to make MDR successful.

A portal for the history of the common law

Screenprint online guide to the history of common law, Bodlieian LibrariesSometimes things arrive really unexpectedly. Good introductions and guides to any research field can help you enormously in getting started, gaining an overall view of things and offering openings to wider context. At my own website for legal history, Rechtshistorie, I offer introductions to several legal systems and their history. Recently a couple of online subject guides were launched by the Bodleian Libraries in Oxford which deserve attention here. They amount in fact to a portal. I will focus on the guide to the history of common law, but the other guides are worth visiting, too.

Common law in manifold variety

Logo Bodleian Libraries

A first glance at the new subject guide shows first and foremost an almost overwhelming mass of subjects. It is really a choice to present between thirty and forty subjects on separate pages instead of ordering them a bit by putting for example particular periods or royal courts under separate headings. The first row of headings clearly leads you to more general subjects and some specific sources, the Year Books and law reports. It is easy to point to themes and subjects you might want to add or remove here. Forest law makes a surprise appearance, but you might want to add for example the Inns of Court. Some reshuffling is surely possible, perhaps first of all bringing periods at one level or putting the items in alphabetical order. Anyway I have not yet seen any LibGuide with such a high number of subpages.

In my review of this research guide you must forgive me my personal picks among the headings! Local legal officials is a page giving you general guidance to a fair number of these officials, and understandably sheriffs, constables, justices of the peace and coroners receive most attention here, apart from general information about local government. You will find much more about medieval coroners on my own common law web page.

Under Commentary you will find information about the major current standard works about English legal history and you will be sent also to great historians such as Maitland, Holdsworth, Milsom, Vinogradoff and of course Blackstone. The heading Treatises & Authorities brings you to classic writers such as Coke and Hale, and also to older treatises (Bracton, Britton), but also again to Blackstone. The references to online versions are both to licensed editions only accessible at subscribing institutions, and to free accessible versions. If you have access to subscribers-only materials you are lucky indeed. The free versions give sometimes only a translation of a particular source, a thing not always indicated here.

Among the periods to review here I have chosen a classic era, 1066-1216. The overview of regnal years is most useful, and the choice of electronic resources with both laws and treatises is a good one, as is the choice of studies which you should consult. A second era, 1820-1914, clearly stems from the volume in the Oxford History of the Laws of England. Here the attention to reports is indeed welcome, but I did not find a reference to the U.K. Parliamentary Papers (Proquest). A separate page about the history of Parliament would be very useful, but going to Legislative history solves this apparent omission. On the page about Ireland I missed the Dippam portal with the Enhanced British Parliamentary papers on Ireland. By the way, some pages in this guide have an URL with numeral codes, others contain words which are more recognisable to human eyes. The page on Scotland is strong on important studies and less full for online resources.

The online guide for the history of the common law shows its sheer width by containing a page on canon law. It offers a nutshell guide bringing you to introductions by James Brundage and to some well-chosen studies (Richard Helmholz, Anders Winroth and Stephan Kuttner) and (online) resources. English students starting to discover medieval canon law might want to read also the compact book by Dorothy Owen, The medieval canon law : teaching, literature and transmission (Cambridge 1990).

A web of online guides

The Bodleian Libraries have created similar guides to ancient lawRoman law, the legal history of Western Europe and the history of international law. Using the Bodleian’s general overview of more than one hundred online law research guides the list on the starting page of their LibGuides for law and history can be extended to medieval Scandinavian law and Roman law in translation, a subject dear to me. This overview of translations is very useful. I noticed in particular the online version of excerpts from Mary Lefkowitz and Maureen Font (eds.), Women’s life in Ancient Greece and Rome. A Sourcebook in Translation (2nd edition, Baltimore 1992), which deserves inclusion at my own Roman law page. On the page on medieval Scandinavian law I expected a reference to The Medieval Nordic Legal Dictionary, a project led by the University of Aberdeen, mentioned here last year. Yet another nutshell guide of the Bodleian Libraries is Witchcraft and the law in Early Modern Europe and the USA: Bad magic by Isabel Holoway. Hannah Chandler contributes an online guide to criminal and judicial statistics, 1800 to present day.

At the end of this quick review our thanks should go to the Bodleian, especially to Elizabeth Wells and Margaret Watson for their courage and librarianship to create five guides covering important fields of legal history. To me it is clear that you can frown at the very number of individual subjects and periods in the guide to the history of common law, but at the same time it invites you also to rethink your assumptions. I remember visiting somewhere an online guide based on LibGuides with many subdivisions which in the end scarcely helped to find the rich resources of the library and university. Personal taste, preferences and concrete research interests will influence your opinions about these guides. However, the most important conclusion is that the Bodleian Libraries and other libraries using LibGuides do not hesitate to face the challenge to give guidance in the virtual world, too, and thus redefine themselves for new service to student and scholars in the age of digital information. With the guides dealing with themes and subjects in legal history the law guides of the Bodleian Libraries set an example to which other institution can aspire. The very presence of LibGuides has already inspired many libraries to create sensible guides to many subjects, and it is good to see legal history among them.

Legal history at the World LII

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

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

Serving lawyers and historians all around the world

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

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

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

Connecting contemporary law and legal history

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

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

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

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

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

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

Two directions in legal history

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

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

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

A short guide and a portal to legal history

Peace Palace Library
Lately the Peace Palace Library, the library of the International Court of Justice and other institutions in the field of international law in The Hague – all present at The Hague Justice Portal – has restyled its website. The Peace Palace Library (PPL) had a separate blog which has now been integrated into the new website. One of the strengths of the PPL’s website were and are the research guides, a feature which now comes more to the front. The website offers more than fifty guides in ten sections. Among the new guides is a short guide to legal history, the subject of this post. Apart from the new website the PPL is also present online with numerous tweets (@peacepalace). Last year I presented here a comparison of several portals to legal history. The PPL’s legal history guide points to a portal that somehow was not included in this comparison, even though I had spotted it and noticed some of its qualities. In this post I want to make up for this omission.

Legal history at the Peace Palace Library

The history of international law is the main reason for the PPL to devote time, space and attention to this subject. Thus the field of international law is not entirely absent in the new short guide to legal history, but it does not figure too prominently in it. The presence of Hugo Grotius (1583-1645) in the guide is only natural for the PPL with its rich holdings in editions of Grotius’ works. The Grotius collection is now substantially better shown on the website, with an updated version of the guide on Grotius.

The guide to legal history of the PPL is a guide in a nutshell. Before I will comment on this guide I want to express my admiration for the courage to create a short guide, because in a way it is easier to write a more ample guide. Its five sections present an introduction, a short bibliography, a presentation of a number of selected books as a librarian’s choice, a short links section with at present only six links, including the portal covered in the second part of this post, and a section with links to a number of related research guides, and a nifty link to all items in the category “Legal history” of the PPL’s catalogue. In this guide and in other guides as well the PPL has added consistently links to social media, a print button and a link to a PDF version of the guides. For the legal history guide the PDF function gives you only the librarian’s choice, certainly a bug but one without grave consequences. More awkward is the fact that the French version of this guide on this bilingual website is only partially in French.

The librarian’s choice at the moment of writing this post shows three books, including their covers. The first book is the collection of essays edited by Tracy A. Thomas and Tracey Joan Boisseau, Feminist legal history: essays on women and law (New York 2011). The second item is the chapter by Randall Lesaffer on ‘The classic law of nations, 1500-1800’ in the Research handbook on the theory and history of international law (Cheltenham 2011) 408-440. The third book shown is Law codes in dynastic China : a synopsis of Chinese legal history in the thirty centuries from Zhou to Qing by John W. Head and Yanping Wang (Durham, N.C., 2005).

The very brief introduction on legal history stresses the many sides of legal history. The two paragraphs can be summarized in two sentences. Laws, institutions, individuals and the relation of law to society are all aspects of legal history. Law both reacts to developments in society, but also actively shapes society. The French version tells you only that legal history is concerned with the development of law in history and the question why it changed. The French version continues with the explanation of the aim of the guide, to introduce people to the subject and to the holdings of the PPL in this field.

The bibliography is substantial, but some elements do raise an eyebrow. In particular the choice in the section with reference works is just that, a choice. Thoughtfully all titles have been directly linked to the library catalogue. Three books – with as a nice feature again their covers – are mentioned. I have no problems with the Oxford international encyclopedia of legal history, Stanley N. Katz et alii (eds.) (Oxford 2009), but the two other books have been chosen more arbitrarily. John Hamilton Baker’s An introduction to English legal history (4th ed., London 2002) is certainly a classic, but it inevitably focuses on England. The third book is a collection of essays by William Morrison Gordon, Roman law, Scots law and legal history. Selected essays (Edinburgh 2007), and this choice alerts to the existence of mixed legal systems. However, these choices center around the United Kingdom. Adding a book on for example the European legal tradition or about legal history in one of the world’s major countries or continents would be most helpful.

I cannot help pointing to some other defects in the selection of titles. Why just one issue of the ‘Bibliography of Irish and British legal history’ from the Cambrian Law Review? The link to the online version of the Tijdschrift voor Rechtsgeschiedenis brings you to the journal Legal History, the sequel to the Australian Journal of Legal History. The choice of books is more balanced, but it is odd to find here again Gordon’s volume of essays and the Oxford encyclopedia of legal history, both already present in the reference section. The other titles are concerned with the legal history of Europe, the United States, China and Rome, with sources for English legal history and with women’s legal history. Under “Documents” only one title is given. Far better is the choice of recent articles and papers about legal history, which range from a discussion of research methods, Islamic jurisprudence and thoughts about the legal history of the twentieth century to a comparison of legal history and comparative law, and the history of the law of nations. Of course it is difficult to create such lists as presented here, but with a relatively small number of corrections and additions it can become more useful. The list of journals on legal history is short and excludes e-journals.

For any wishes and remarks on the quality of the bibliography the links section and the section with other guides go some way to fulfill them. The links show not only some portals – including the portal in the spotlight of this post – but also a blog, the website of a society for legal history, and the research guide for legal history of an American university. This guide at the University of Minnesota Law Library neatly shows the imbalances in the PPL’s guide. However, the PPL redeems the deficiencies of its legal history guide by its own guides in related fields. You will be pressed hard to find any website which features guides on all these subjects: diplomacy, Antarctica, comparative law, Islamic law, philosophy of law and the use of force, not to mention Hugo Grotius. A number of websites do offer links on these subjects, but not similar guides. More extensive guides certainly exist, and in fact you will find them often using these research guides at the PPL. It might seem that in view of the sheer number of research guides provided by the PPL only some tuning – and translating – of the website is needed. Part of the tuning will be adding the research guide for the League of Nations to the related fields section of the guides.

A portal for legal history?

History of Law website

The portal for legal history I want to discuss here briefly is History of Law. Looking at it again in 2012 some reasons why this website can only in a restricted sense be called a portal are immediately clear. The website lacks links sections, presents no sources or articles, nor is there an events calendar or an overview of research institutions. Yet the PPL alerts to this website in its short guide to legal history. The most obvious reason for the inclusion is the page at History of Law on Hugo Grotius. When I first read it I was charmed by the narrative of Grotius’ life, and only somewhat amazed by the retelling of his escape from the Loevenstein prison in 1621, a story belonging to the heart of the canon of Dutch history. No sources are indicated for this story. A quick search using for once the eponymous search tool which conjures its results by unfathomable stratagems and axioms leaves no doubt which source has been used, Charles Butler’s The Life of Hugo Grotius (…) (London 1826). You can check the book online at the Hathi Trust Digital Library, and even choose which digitized copy you are going to look at.

Not only at the Grotius’ page of History of Law the original source is not acknowledged, the same is true for other pages. The text on the page on the history of Greek law comes from Martin Ferdinand Morris (1834-1909), An introduction to the history of the development of law (Washington, D.C., 1909). A reprint from 1911 of this work has been digitized for the Hathi Trust. The title “Roman canon law” for another webpage at History of Law should ring a bell with its anachronistic title, if not already the URL http://www.historyoflaw.info. I will not spoil the game of tracking the sources of the other pages of this website which is a nice exercise in source criticism for which you can use facilities available online. If you read the page on testamentary law it is worthwhile to establish who originally attacked the views of Blackstone on the introduction of testaments in England. For tracing the source of the page on Greek legal history I used deliberately the following phrase: “thousand other improvements and inventions of our wonderfully inventive age”!

At History of Law no name can be detected, but in the banner of this website a young man gazes at you. I mailed to him asking for his name, but he has not yet identified himself. Anyway, be it a student hoax or just a fruit of plundering the Internet, it has little to do with modern research on legal history, apart from pointing to the laziness of those thinking you can rely on old works without any consideration, as if the facts of – and the views on – legal history are immutable. The History of Law website is a plain case of plagiarism. Its chief merit is alerting to the works of Butler and Morris. Instead of writing about the views on legal history of Morris, one of the founders of the Georgetown Law School and at the end of his career associate Justice of the Court of Appeals for the District of Columbia, our anonymous could only copy and paste from this book. Charles Butler (1750-1832) was an English conveyor and lawyer, the first Roman Catholic since 1688 to practise in England as a barrister. In fact he prepared the very legislation making this possible, the Roman Catholic Relief Act of 1791 (31 George III. c. 32). It is yet another subject worth real study instead of mock history.

A few conclusions

Instead of spending more time with this portal it is better to return to the research guides of the Peace Palace Library. Luckily the authors of the online guide on Grotius do not mention the History of Law website. The authors at the Peace Palace Library of the short guide to legal history should not hesitate to repair things as quickly as possible, and create a guide that is as trustworthy as the other guides of this important library. Was it the wish to include a website with the story of Grotius in English that misguided the creators of this guide when they added a link to History of Law? Whatever the answer is, it pinpoints the need to approach websites carefully. It is easy to find guides for evaluating web pages.

I feel lucky I did not include the History of Law website in last year’s comparison of legal history portals. With pages on Phoenician law and the laws of Pythagoras a portal on legal history can certainly attract attention, but it should make you wonder when you find also the history of maritime law and Egyptian legal history, too much of a good thing! It is more rewarding to go to the sources, to use and indicate them carefully, to struggle with them honestly and to report your findings in your own words and to put your name at the end. You will not find any legal history portal with a full coverage of all main subjects, nor a website with full-length research guides about each separate subject in legal history.

Comparing legal history portals

Sooner or later it just had to happen. Comparing legal history portals is one of the things on the back of my mind when I worked – and still work – on my own portal for legal history, www.rechtshistorie.nl. The main question facing you at the start of any comparison is which portal sites are going to be included in it? How can you do justice to the efforts devoted to them? Another question has to be the aim of a comparison. In the comparison I am going to make here I purely aim at informing people about a restricted number of portals. It will soon become clear that they share a number of constituent parts and features. To make a fair comparison possible I have decided not to include any portal maintained by a research institute or at law faculties and law schools. Portals devoted to the legal history of one country are also excluded as are portals dedicated to a particular period. These exclusions still leaves room for portals created by teams of scholars with various affiliations, and in my selection is also room for portals maintained by the owners of law firms.

Lex Scripta

The first portal I would like to mention is no more than a small part of a larger Australian portal for law, Lex Scripta, maintained by Anthony J.H. Morris, a barrister from Brisbane, Queensland. Three pages are concerned with historical periods (“Pre-Classical” and Classical; Middle Ages; Modern Era), and a generous general links collection. Every link has got at least a brief comment about the content and qualities of the site. Obviously contemporary Australian law is the great strength of this website, but within its brief compass you will find a lot of useful links, even if you might find most of them elsewhere, too, except probably the Australian and New-Zealand links. Another strength should not be forgotten, the fact that Morris started this portal already in 1998. Long standing services deserve a credit for the perseverance of the founders and editors. Lex Scripta was last updated in 2007.

The Legal History Project

The Legal History Project (LHP) was started in 2005 by Peter C. Hansen. Blogs initially accompanied the LHP, but this feature was last updated in 2008. The LHP is a manysided project. The resources section guides you to law schools, their courses and degree programs, to societies for legal history, an impressive number of websites with historical documents and a calendar. Between 2005 and 2008 this events calendar functioned. From my own experience I know how many efforts are needed to maintain such a service. You can still check the list of past events. The LHP hosts a forum. An interesting feature is the series of interviews about legal history. The LHP was developed with a view to create a supporting member group. However, this initiative has not met much acclaim. The quiz is a nice feature, although with only ten questions it is rather short. It seems nothing has been done at this portal since 2008. The section with resources remains worth checking, in particular in the listing by type.

Duhaime’s LawMuseum

Duhaime's Law Museum

The next portal is again a part of a larger website, but this time it is clearly in a class of its own. In Duhaime’s LawMuseum Lloyd Duhaime has created a number of very different sections, ranging from a small image gallery, a timetable of world legal history, a Hall of Fame shoulder to shoulder with a Hall of Shame, to a selection of quotations on law and justice. This website by a Canadian lawyer has of course a large section on Canadian legal history. One of the most striking features of this website is indeed its sheer size and scope. Apart from Africa Duhaime includes all continents. The legal histories in a nutshell of Japan and China are admirable. Each of them ends with a selection of literature. It was surprising to find no mentioning of the Dutch connection with Japan between 1640 and 1853, but this is trifling in view of the way Duhaime tells the legal story of several countries and retells the lives of famous and infamous lawyers. On this website you will find no sections with links to law schools or online resources for legal history, and thus it is rather different from other portals. Duhaime’s website includes a blog like section, the LawMag. I could not stop myself for looking briefly at the articles concerning legal history. In the post on saintly lawyers I searched in vain for saint Raymond of Penyafort (circa 1175-1275), the canon lawyer who created the Liber Extra (1234). In my view Duhaime’s website is a model of its kind, also because of its clear design.

Virtual Library Legal History

Virtual Library Legal History

The Virtual Library Legal History is a creation of Steffen Bressler. Bressler worked on this bilingual portal – both English and German – between 1998 and 2004. A few years ago the website which once upon a time was present at http://www.rechtsgeschichte.de disappeared with its provider. It has returned in a kind of clone version of the original. Steffen Bressler followed the example of several German history departments which contributed to the Virtual Library project some very useful websites on the historical auxiliary sciences such as palaeography, codicology, sigillography, epigraphy and also on medieval charters. Bressler’s pioneering portal is divided into four sections: institutions, classical resources, other resources and special projects. Within the borders of this layout you will find in each section a variable number of commented links. For example, the number of legal history societies is rather small, the section on archives points to three well-known archival portals, and the section on literature leads you to a score of digitized articles and books, all in German. In the section with other link collections Bressler does not mention much, but the incredibly rich links collection at the Instituto Politécnico de Beja in Portugal did not escape his attention. Bressler does mention a number of German museums for the history of criminal law and guides you to the German Virtual Library Museen. Perhaps Bressler’s website does look a bit old-fashioned and the number of links indicated is often rather restricted, but its resurfacing is worth attention.

Portail Numérique de l’Histoire du Droit

Histoire du Droit

When I first visited this French portal I expected to find only French legal history, but this is not true. This portal has four main sections, news on legal history in the form of notices about new publications and events, and sections on research, online resources and other links. The news section on the left side of the front pages of this portal gives the latest news items in a blog like way. In the research section information is provided on the teaching of legal history at a number French universities, a number of digital libraries is presented, and also a number of libraries in Paris – you might compare this information with the notices in my miniature Paris library guide – and four libraries outside Paris. The section with sources is the most extensive part of this portal, divided into a part with sources for particular periods in history, and a part focusing on databases and scientific journals. In the links section you will find societies for legal history, three contemporary French courts with historical holdings, some websites focusing on French legal history and a corner with various links ranging from important French collective catalogues to linguistic tools and online dictionaries. Despite careful checking I could not find any names of the people forming the team behind this website. However, post to the webmaster will be answered by Luc Siri (Université Panthéon-Assas Paris 2). French legal history is at the centre of this portal, but in particular Roman law is served here, too.

Among the dictionaries included here the Dictionnaire électronique Montesquieu at the École Normale Supérieure of Lyons deserves your attention for its attempt to offer a modern counterpart to all legal notions treated by Montesquieu. In fact you will find also extended information on Montesquieu’s writings, including bibliographies and references to online versions of his works.

Storia del diritto medievale e moderno

Storia del diritto medievale e moderno

After German and French as a language for a general legal history portal it is now time for Storia del diritto medievale e moderno, an Italian portal launched earlier this year which focuses on at least two historical periods and therefore fits into the criteria for the comparison in this post. This portal is maintained by Paolo Alvazzi del Frate, Loredana Galati, Marco Miletti and Giovanni Rossi. Salient features are the page with announcements of events, new publications and an overview of recent articles in a number of scientific journals, a section with information on Italian scholars and their presence on the web, a section for discussions on current themes, and an overview of Italian university programs touching the field of legal history in the widest possible sense. In the section with links you will find a list with a number of online books – largely and very sensible taken from the fine list created by Elio Tavilla (Università di Modena e Reggio Emilia) -, articles by several Italian scholars, and a good selection of links to libraries, digital collections, online reviews and other legal history sites. Italy is clearly the main focus of this portal, but this focus goes with depth and a generous width in its approach which do credit to its editors.

And another portal?!

It brings no good at all if I add here my own portal to the comparison, except to tell you what you will not find at www.rechtshistorie.nl. There is no section on current publications nor a discussion forum. I have tried to mention at least the departments for legal history at Dutch universities, but my list for Belgium is alas not complete. This blog accompanies my portal, where I do not present any interviews. There is no timeline or a series of portraits of lawyers or a list with major events and texts in legal history. You will search in vain for digitized articles, famous quotations or a legal history quiz.

A matrix

At the end of this post I decided to put a kind of matrix which might help to put possible comparisons into a clearer perspective. By now you might well be a bit exasperated and think: “All this is very nice, but I will stay with the websites of the law school(s) or research institute(s) I am used to”. The matrix offered here might just help you to check these institutional websites more quickly and to see whether they offer much the same things or focus unduly on certain aspects of legal history. I will not say which private portal carries my favour. Instead I will at the very end mention some of the professional websites I visit often.

Portal Events Forum Just published Online articles Scholars Digital libraries Databases
Lex Scripta + -/+
Legal History Project + + + + -/+
Duhaime +
VL Legal History + -/+ -/+
Histoire du Droit + + + + -/+ +
Storia del Diritto + + + + + -/+ -/+

In the following list with some institutional portals and websites I clearly give a personal selection:

Among the legal history guides of American law school libraries it is difficult to choose, but five websites stand out: