Tag Archives: Slavery

The legal world around American slavery

The advertisement for the slavery digital collection

Early October 2016 came a surprising announcement from a firm known for its licensed digital law collections which most users will visit only through on and off-campus access at university and research libraries, national libraries and law firms which can afford the costly yearly subscription rates. Although I have no intent to create here a platform to champion only the cause of Open Access I have tried to avoid writing about materials hidden beyond pay walls, because such blog posts would have a tantalizing effect on many readers. Kluwer, LexisNexis and WestLaw, to mention a few firms dealing with legal materials in many countries, and for the humanities for example Chadwyck, Gale, Adam Matthew and ProQuest have not yet figured here. However, when HeinOnline announced to create free access to its digital collection Slavery in America and the World: History, Culture & Law I immediately registered. I present here a personal tour of this project, well aware that this are experiences after just a few weeks, not the results of someone immersed into this subject over the years. On my blog slavery has appeared a few times as a secondary subject, but until now only once as the main subject of a post, ‘Remembering slavery’, about the abolition of slavery in Suriname in 1863 and its commemoration in 2013.

Making a tour

HeinOnline certainly has done some efforts to make its new collection as inviting as possible. Paul Finkelman (Albany Law School), the general editor of Slavery in America and the World, gives in the advertisement a concise overview of its main qualities. The core of this digital collection are the statutes and reported law cases concerning slavery in America – both on the state and the federal level – and the Anglophone world. There are more than one thousand pamphlets, many books on slavery and legal commentaries dealing with slavery published in essays and articles which are sometimes very difficult to find. In an introductory essay Finkelman discusses the historiographical background. He places the history of American slavery in the context of slavery worldwide, alas a continuing story in view of human trafficking and labor conditions which amount to slavery, and thus the history of slavery is not confined from around 1450 to the late nineteenth century. The collection contains numerous items from the twentieth century, too. Among libraries contributing to the digital collection Finkelman singles out Buffalo and Erie County Public Library.

The start screen of the slavery collection

Even without registering you can download the quick reference guide and the full introduction. Mentioning this you might smile like I do remembering the familiar instructions to students not to jump immediately to the matter you are searching for, but to make yourself familiar with a book by reading the preface and acknowledgements, scanning the chapters, checking for a bibliography, source references, credits for illustrations, and the presence of an index. It is seducing to jump into the ocean and go straight for your destination, but alas there is no plain sailing when studying the history of slavery. One of the assets in Hein’s digital collection are fifty monographs about slavery published by the University of North Carolina Press. Some of these books deal with the Caribbean and Latin-America, and this surely widens the dimensions of the project. The digital collection does allow you to browse all titles, periodicals and scholarly articles, and there are also a bibliographical section and a list of external links, the things users of other HeinOnline collections will expect as normal features. The meta-data of the titles selected for inclusion have been enriched with tagging about their position on slavery, the topics under discussion, the jurisdiction involved, and the document type.

For finding judicial cases the digital collection builds on Helen Tunnicliff Catterall’s Judicial Cases Concerning American Slavery and the Negro (5 vol., Washington, D.C. 1926-1937; reprint Shannon 1968) supplemented by state and federal cases, in particular from the United Stated Supreme Court. The statutes adduced stem not only from American states and the federal government, but also from former colonies. This sounds wonderful indeed, and I understand the lure of wanting to write as Finkelman does in his introduction that this collection “brings together, for the first time, all known legal materials on slavery in the United States and the English-speaking world”.

A complete collection?

How complete is this collection? There seems to be a paradox between the second half of the title of this digital collection, History, Culture & Law, and the claim to contain all legal materials. In my view questioning the completeness should probe in two directions in particular: First, are materials included for the periods that individual states had not yet entered the Union, and secondly, do statutes and cases indeed represent “all legal materials”? The collection contains slavery statutes from fifteen states, and federal cases from 24 states. The periodicals selected for inclusion are all marked as anti-slavery. You can imagine that in periodicals in favour of slavery sometimes more moderate views appeared. In theory a periodical might even have changed camps. No one can complain about the thoughtful inclusion of the British journal The Jurist and of sets of Congressional materials.

The section with scholarly articles and other documents has nine rubrics. For articles the year 1900 has been set as a useful divider. There are sections with book reviews, British slavery, cases and “foreign” – meaning non-British – cases. Judges, laws and statutes appear in separate sections, and there is even a section on “Historical Ancient Slavery” with a nice selection of articles in law journals up to a contribution by Paul J. Du Plessis from 2014. Before you start rejoicing too much it is time to read the notice these articles are only available online to subscribers or subscribing institutions. As a bibliographical asset this section is certainly most valuable. This brings me immediately to the section marked “Bibliography”. The first thing to notice here it is rather short. Relatively much space is given to reports, individual speeches and even cases. Some monographs appear twice for no good reason. You can view the titles only in two ways, alphabetically ordered by title or author.

The digital collection scores better with the fifty monographs published by UNC Press between 1985 and 2015. The list is not long enough to merit reworking in a database. Topics have been added to titles, something to consider at the very least for an update of the bibliographical section. With just ten links the choice of external websites is ridiculously small, even though I was pleased to see a link to a French website, Le droit des traites et des esclavages (CNRS). If this has been included to ensure this HeinOnline collection has a truly global coverage it does not come from its own strengths. I can understand to some extent the fear to point to digital collections from competitors in their branch, but this does not show much confidence. It is surely the global aspect that suffers most here.

However, not everything is as appalling as it might seem in these two last paragraphs. HeinOnline merits consideration on its own basic quality, presenting legal cases in a quick and convenient way. The search possibilities to find cases according to different characteristics are great, and you can download, print, enlarge and use other view facilities at will. The feature to link directly to other cases highlighted in the text of a case is most useful. The stream of relevant cases adduced here and readily available is most impressive and deserves praise.

I enjoyed very much looking at the section with digitized printed materials from the nineteenth to the twentieth century. You do not only find for example a nice choice of pamphlets and even volumes with collections of pamphlets, with special mention for the sixteen volumes of the series Slavery, Race and the American Legal System, 1700-1872: The Pamphlet Literature, edited by Paul Finkelman (Clark, NJ, 2007), and a number of useful bibliographies. The presence of novels, biographies, poems and songs does add a substantial cultural element to the collection. Only some forty items date from before 1800. A quarter of all digitized publications in the set stem from the period 1826-1850, and more than 400 items cover the period 1851-1875. The literature can be browsed in several ways (author, title, date and subject), and you can select literature using four filters (position, document type, jurisdiction, topic) with for each filter an apt drop down list of possible choices.

Alas more has to be said. I can accept as a matter of fact the citation forms used for the federal statutes, but would it not have been sensible to supply more information about the various state statutes used for this project? I am aware of The Indigo Book, the liber pauperum version of the Blue Book, with all niceties to refer correctly to all kind of legal materials. The legal problem of slavery in the United States during the nineteenth century was to a great extent a matter of apparent and real differences between state and federal jurisdiction and legislation, and – almost more importantly – their perception. In the bibliography of this digital collection I missed Eric Foner’s The Fiery Trial. Abraham Lincoln and American Slavery (New York 2010). Strangely Lincoln’s speeches are missing, too. Foner is not content with just following Lincoln’s political actions, but does at many point look at legal matters in particular states and on the national level. Foner looks at some of Lincoln’s 34 cases involving black people among the more than 5,000 cases Lincoln handled as a lawyer. I had expected to find in Hein’s open access digital collection the full texts of all cases, but instead you will find only references to them in the digitized literature and the summaries or at its best excerpts given by Catterall. No doubt this information will lead you elsewhere to the complete text of the relevant cases, but the claim “all legal materials” is diminished.

Logo of The Revised Dred Scott Collection

For one of the most influential cases in American legal history it is not only possible but necessary to look at the period between the original case before a circuit court and the epochal case before the Supreme Court ten years later. The new free digital collection does of course contain the Dred Scott case [Dred Scott, Plaintiff in Error, v. John F. A. Sandford 60 U.S. 393 (1856)]. I could not help noticing in the HeinOnline version under discussion how not every reference to cases adduced in this long verdict and the opinions of the judges has been highlighted and linked. In fact I would expect also highlights for and links to for the statutes invoked or mentioned in passing. The Dred Scott case started in 1846, and there is historical documentation for the subsequent phases of the case at the state level. Washington University, St. Louis, MO, has not only created The Revised Dred Scott Case Collection, but also a digital collection for St. Louis Circuit Court Records where you can find the original Dred Scott case and documents concerning seven (!) subsequent cases at St. Louis. In its section for judicial cases HeinOnline does not give a single federal case from Missouri, nor is any link to external resources given, not even at the Library of Congress. In this case Wikipedia does a better job.

Let my plea about this digital collection not only rest on the presence or absence of cases! Among the fugitive slave laws the Fugitive Slave Act of September 18, 1850, often referred to as the Compromise of 1850, stands out. It belongs in every collection dealing with this subject. To my utter disbelief I could not trace here the text of this landmark piece of legislation. In my search for an online version the exact text I seldom saw a correct and complete reference to the original act of Congress, let alone a legal reference. Here again Wikipedia got it right, although it does not include the text of 9 Stat. 462 [Chapter 60, 31. Congress, Session 1]. The Fugitive Slave Act of 1793 [1 Stat. 302] and even the Northwest Ordinance of 1787 are present; the latter is the very first federal statute of Slavery in America. It might be useful to add a concordance of popular names of laws and their official names.

Cases and statutes in context

I will not completely dismiss the efforts of HeinOnline for this new collection, but I can hardly avoid making some negative statements about it. It seems this firm thought it would suffice to create a historical version of their normal case finding system with the Catterall set as its heart, enhance it with a generous amount of relevant statutes, one thousand interesting (legal) pamphlets, and a thoughtful choice of recent scholarly literature, and launch it perhaps in conjunction with the long-awaited opening of the Smithsonian’s National Museum of African-American History and Culture in Washington, D.C.

Is it only a guess that HeinOnline has been blinded by its own success in making systems adapted to the needs of law schools? This new collection seems to me ideal as a tool on which law students in their first year can show some of their talents in finding legal information. However, even from a point of the development of American legal doctrine Slavery in America does not offer what it promises to do. With sometimes only incomplete cases it is impossible to determine what has been filtered out for any reason. If you believe legal history cannot exist properly without sufficient attention to legal institutions and social history, this digital collection is just a tool to be supplemented by other collections now widely available online, too, and a lot of them in open access.

As for the position of other countries you had better start inside the United States of America, by looking at the Territories, the states in North America that joined the United States between 1776 and 1861 but somehow are here undocumented, i.e. without cases and statutes. You might argue the materials from these territories are not United States legal materials, but they constitute certainly legal materials fit for inclusion. It is startling to see a collection marred by such barriers and omissions. Far more important is the fact that the subject of the place of slavery in law and society surfaced every time a new state wanted to enter the Union. Changes in political geography such as the Mason-Dixie line had immediate consequences regarding slavery, slaves and slave-owners, and former slaves. The thing that you would expect most here are the debates in Congress and in the various state senates concerning aspects of slavery. Of course I am aware this would result in a much larger digital collection, but I think this is necessary for a better understanding of statutes and cases. Hopefully such considerations will be taken into account for the massive Case Law Access Project at Harvard University.

To sum up my first impressions, HeinOnline has created an important but flawed digital collection. The 1,100 digitized publications form a great asset as do the digitized scholarly articles and periodicals. The digitized version of the Catterall set is most helpful. There are some distinct problems with the cases included and the internal references. In my view the choice of state statutes is too limited. The historical bibliography has some merits, but the list with external links is a howler. I pointed also to some real problems in creating a digital collection on this wide-ranging subject. Alas as for now you cannot find here “all legal materials” in open access. However, it does take courage and experience to bring such materials together in an easy navigable way. No doubt some of my criticisms can be easily repaired. Others should be addressed in a thorough explanation of the choices made in creating this digital collection. This will not only help law students and lawyers to benefit from this collection. On purpose I have not looked while writing this post at other reviews of Slavery in America and the World, but in fact I could only find a short announcement at the blog of the Canadian Osgoode Hall Law School Library.

Legal materials in open access

It would be wrong to create a picture of American law online as a treasure completely beyond the reach of normal people, but it certainly takes efforts to find legal materials for the United States online in open access. Creating here a full guide would take up too much space, but I can offer a kind of nutshell guide. To assess the role of commercial databases for American law you might want to look at Legal Databases: A Comparative Analysis (Center for Research Libraries). In particular the Hathi Trust Digital Library contains substantial materials in open access. Harvard Law School has a fine guide to legal materials in open access. The Legal Information Institute (Cornell University Law School) has an overview of state statutes in open access. The Jerome Hall Law Library (Indiana University) has created an online research guide for state legislative history. Sources in open access do not primarily bring you historical materials. Among the exceptions is The Supreme Court Database (Washington University), but this is primarily an indispensable search tool for decisions of the Supreme Court. The website of the American Society for Legal History has a fine links section guiding you to many aspects of US legal history. Anyway it is wise to start your online searches with the Law Library of the Library of Congress. Its web guide for U.S. States and territories is very helpful. Congress.gov is extending its coverage in the near future. Among the digital collections of the LoC you will find much that has relevance for the history of slavery, both in the section on government, law and politics, and in the African-American section. The American Memory portal of the LoC is sometimes more helpful in finding these collections.

By the way, HeinOnline is not the first firm in its branch to place some of its products in open access. LLMC Digital has created free access to The Documentary History of the Supreme Court of the United States, 1789-1800, Maeva Marcus et alii (eds.) (8 vol., New York, 1985-2004).

Slavery is a vast subject. On my legal history portal I hesitate to dedicate a complete page to it, but I do give there at least some of the websites which should help your research. The Yale Slavery and Abolition Portal is a good starting point, as are the digital collection of the institute behind it, the Gilder Lehrman Center for the Study of Slavery, Resistance & Abolition. You will not want to miss The Bibliography of Slavery and World Slaving, University of Virginia, Charlottesville, VA. I urge you to look for relevant online exhibitions in the superb database for online exhibits created by the Smithsonian Institution. Not yet included is the impressive virtual exhibit created by the Inner Temple Library in London, British Black History and the Law, which shows the long impact of slavery and discrimination. Among the best known digital collections concerning American slavery is the Samuel J. May Anti-Slavery Collection, Cornell University Library, but there is certainly more. If you want to check the quality of Paul Finkelman’s work in creating a set with a selection of pamphlets concerning slavery and abolition in facsimile you might want to look at some of the digitized pamphlet collections in the United States. For me it is a good thing to see that it matters indeed to look at pamphlets, too, when doing legal history. I feel happy to bring together commented links to relevant digitized pamphlet collections. If I have failed to detect things not clearly immediately transparent in Slavery in America and the World I welcome any constructive guidance to do more justice to it!

A postscript

For those who like myself would like to find the quickest way to US statutes in open access I add a link to the reinforced version of the Library of Congress’ Statutes at Large. The Fugitive Slave Act of 1850 can be found in the materials for the 31. Congress, but unfortunately the direct link to the relevant chapter (Ch. 60) was broken when I checked it. I am happy to report it has been quickly repaired. By the way, only after publishing this post I noticed it was Open Access Week

In the November 2016 newsletter about the collection HeinOnline points to additions and offers some guidance, in particular for the Slavery Quick Finder tool. In an image with an example the topic happens to be cases and trials based on one of the Fugitive Slave Acts. I tried to find one of these acts with this tool, but alas to no avail. The section with major statutes contains the statute of June 28, 1864 [13 Stat. 200; Chapter 166, 38 Congress, Session 1] which repeals the Fugitive Slave Acts of 1793 and 1850, with the year 1850 explicitly mentioned in the title, yet the 1850 document is still absent in this section. The links selection contains now sixteen links including some of the websites I mentioned here. In January 2017 the Fugitive Slave Act of 1850 was finally included at Slavery Online.

Messages on stones and histories in fragments

Banner Epigrafia 3-D

How can you make the memory of past actions last for later generations? In the Ancient World important matters were often committed in writing on stones. Studying inscriptions is one of the way historians dealing with Classical Antiquity approach their subject. Since the sixteenth century scholars versed in epigraphy, the study of inscriptions, help to gain insights into a vast subject which deals with three continents and roughly two millennia. Only a fraction of possible sources have survived, and thus it is understandable and necessary historians want to make the most out of them. Access to new resources and wider access to existing sources are most helpful in refining and re-adjusting our insights about this period.

Lately a number of online projects has come to my attention which bring ancient inscriptions closer to our century. You can do this in particular by just following the notices about epigraphy at the indispensable blog Ancient World Online of Charles Jones. Old editions have been digitized, new inscriptions are increasingly edited immediately in the digital domain, and some projects literally give us a wider view of these sources. A few years ago I already noted here a project sponsored by a Californian firm to present clay tablets from Mesopotamia in three-dimensional view. A Spanish project, Epigraphia 3D, dealing with Roman inscriptions in 3D-view prompted me to write here again about inscriptions. In some cases I will also look at other ancient sources, in particular papyri, but Roman inscriptions will be the main focus point.

Preserved in stone

Logo Hispania Epigraphica

The project Epigraphia 3D is the result of the combined efforts of the Universidad de Las Palmas de Gran Canaria, the Museo Arqueológico Nacional (Madrid) and the Museo Nacional de Arte Romano in Mérida. Even if your Spanish is rather weak navigating the website is easy. Two galleries with three-dimensional images of inscriptions form the heart of the project. The first gallery (Galería 3D MAN) for the archeological museum at Madrid contains 37 images, the second gallery (Galería 3D MNAR) shows nearly 60 images from the collections at Mérida. It is simply great to look at stones with inscriptions and to view them as if you were walking around them. Inscriptions mentioning slaves should remind you about an element of Roman society and law calling for particular attention. The variety of formats is in itself already a lesson widening your horizons. For every object the relevant epigraphical databases referring to them are mentioned. It would be a great service to have for each object direct links to these databases. However, you can at least use the link to its original location at the well-known Pleiades interactive map of the ancient world. For Roman inscriptions in Spain the main online resource is Hispanica Epigraphica (Universidad de Alcalá) with an interface in English, Spanish and Portuguese.

Epigraphy as a historical auxiliary discipline has long been dominated by scholars writing in German, French and English, and therefore a Spanish point of reference is actually very welcome. In fact there is even an impressive and extensive online guide (labeled Recursos) introducing you to epigraphy. The section with enlaces (links) will bring you to many of the more traditional online resources. Some of these projects try to cover not just Roman of Greek inscriptions. Trismegistos, a platform created at Cologne and Louvain dealing with papyri and materials restricted to ancient Egypt and the Nile valley, recently started covering also inscriptions from other regions. By the way, the list of the Trismegistos partners and contributors is another fine overview of the main projects for papyri and ancient inscriptions. The mighty Epigraphik-Datenbank Clauss-Slaby (EDCS) features now also a searchable map for Roman inscriptions all over Europe.

Logo Digital Epigraphy and Archaeology

The Digital Epigraphy and Archeology Project led by the University of Florida has as one of its aims creating a toolbox for making three-dimensional inscriptions from squeezes, paper casts of inscriptions. with a nice showcase of 3D images of various ancient and medieval objects. The other projects on this website are a virtual museum of world heritage with 3D-images, seemingly now filled with just one object, and a section on interactive classical theatre. My first impression is that of a pilot project, and in fact it made me search again for projects showing more results. I could fairly quickly find a very relevant example which uses the freeware Sketchfab technology, a 3D-image of the famous Law of Gortyn, a legal text cut into the stones of a city wall on the island of Crete. You can find the Greek text online in the Searching Greek Inscriptions database, and an English translation in Paul Halsall’s Ancient History Sourcebook (Fordham University).

A bird-eye’s view

Logo Europeana Eagle

Reading about maps helping you to trace quickly inscriptions all over Europe – in fact I spotted a number of them found within my own neighbourhood – wets the appetite for more. You would like to be like an eagle finding inscriptions everywhere! The Epigraphia project shows in its bottom banner a number of logo’s, unfortunately not directly clickable, and one of them is to the Europeana Eagle project, a new branch of the Europeana network with magnificent online portals for several major subjects and themes in European history. It is infuriating that Europeana fails to give a quick list to them at its galaxy of sites. I have looked here in two posts especially at Europeana Regia with manuscripts from the libraries of three medieval kings. Currently the Eagle project covers nine online collections, including Hispania Epigraphica, the EDCS and the Epigraphic Database Heidelberg (EDH). The EDH has an interactive map of Europe bringing you to specific regions. Eagle contains now some 300,000 items.

Somehow I must be a bit old-fashioned when I worry about not seeing immediately at Eagle any reference to the Corpus Inscriptionum Latinarum, but surely this has been connected to the main databases for searching Roman inscriptions. For those worrying about a too exclusive view at and use of inscriptions it is reassuring to see among the nine collections harvested at Eagle the Arachne database (Universität Köln) for archaeological objects. In my view Eagle scores with one particular feature, a mobile app for the two main platforms which enables you to view inscriptions in situ and check for their presence within Eagle. The app can even tell you whether Eagle contains similar inscriptions.

For scholars and everybody

Banner Ancient Lives

Greek and Latin can be formidable barriers to understand the classical world, yet the attraction of Classical Antiquity remains strong as ever. Precisely the inventive use of digital technologies has opened the world of classical studies to a much wider public. Interestingly the inverse connection, too, has started. Recently I encountered the crowdsourcing project Ancient Lives, a partnership between the Classics Faculty of the University of Oxford and the Zooniverse initiative. It is most remarkable that the Oxyrhynchus papyri collection (P. Oxy), almost the Holy Grail of papyri from ancient Egypt, should figure in a collaboration of classicists and the general public. Asking people to get involved in transcribing papyri is audacious indeed, even if you can see the appeal of this treasure to scholars worldwide. The Oxyrhynchus papyri is also one of the largest papyri collections. Nearly 80 volumes have been published for their critical edition. In view of the many aspects of creating this edition it becomes understandable to call upon people outside Oxford to help with one phase of the editorial process, creating reliable transcriptions which of course have to be checked and fortified by a critical apparatus. Imaging Papyri is the main project dealing with the Oxyrhynchus papyri.

On purpose I mention this project for papyri at Oxford, even if it seems to be a turn away from inscriptions. Exactly this effect can be viewed, too, at Oxford. There are at least two other epigraphical projects at Oxford I would like to include here. A focus on Egyptian papyri might almost blend out another project for sources from Egypt, the Corpus of Ptolemaic Inscriptions for the study of some 550 inscriptions and monuments with inscriptions. It is important to notice here the use of EpiDoc, an international initiative to develop a tailor-made version of TEI XML for publishing inscriptions online. With the Vindolanda Tablets from Northern England in the first and second centuries CE we encounter a resource particular close to daily life in a Roman province. The Vindolanda fort was situated south of Hadrian’s Wall. A concise virtual exhibition accompanies the online edition. The tablets contain not only complete documents and letters, but also drafts and school exercises. The presentation with at the left an image of a tablet, in the middle a transcription and at the right a translation is readily usable, and the search functions are most helpful. These tablets help you to look at Roman law in the context of daily life. They show encounters between the Latin culture and the peoples newly brought into the Roman empire or living at its borders.

A number of the websites highlighted here contain lists of links to other epigraphical projects, and thus you can easily expand my post to look beyond my personal interests. To round off my tour of projects I would like to look briefly at two other British projects dealing with inscriptions in regions where their very survival has become a matter of grave concern. King’s College London has created websites for the Inscriptions of Roman Tripolitania (IRT) and for the Inscriptions of Roman Cyrenaica (IRCyr), regions in modern Libya, a nation with currently almost no functioning state, where ancient monuments become a prey for rivalling armed groups.

Histories in fragments

Lately I looked at the project portal Fragmentary Texts which aims at bringing together research concerning lost texts from Classical Antiquity and their afterlife in fragments. The links section of this portal gives you a nice overview of various projects dealing with the fragments of ancient authors. One of the reasons this project resonates for me is the fact that the study of legal history in ancient times also very often deals with fragments. Complete texts are actually exceptional. We might forget that for example the Twelve Tables, the praetorian edict and the texts of classical lawyers are mainly known from reconstructions. The textual transmission of Justinian’s Digest is nearly complete, but in its turn it contains enough elements of elder texts to allow scholars to reconstruct such texts which no longer exist independently. Only since two centuries we have a complete text of Gaius’ Institutiones when a palimpsest manuscript was finally discovered in Verona.

Inscriptions can help completing ancient texts or show a different textual transmission. Graffiti in Pompei sometimes help scholars to find the right wordings of famous quotes from literary texts. When you study Justinian’s Digest and Code you will note the inscriptiones, the preliminary references giving the names of consuls or the reference to the work of a classical lawyer. The very word inscriptio might remind you to look beyond manuscript sources, and to study law also in relation to its role in society. Reading for instance about the special inheritance rights of Roman legionnaires who had served many years with the Roman army, something linked with the concept of the peculium castrense, comes much more into life when you can look at military diplomas and inscriptions bearing witness to their lives and activities. Instead of only admiring such objects in a museum or knowing about editions of the texts engraved on them it is now possible to connect your own research and interests with them on many levels.

Let’s end here with pointing to three blogs. Two blogs of the Hypotheses network deal with ancient epigraphy, the French blog Épigraphie en réseau of the EpiDoc project, worth reading even if not updated seriously since 2012, and the Spanish blog e-pigraphia: Epigrafia en Internet, very much kicking and alive. Current Epigraphy is another blog that you might want to consult to keep up with developments in an old but vital part of Classical Studies. Studying inscriptions from other periods is of course also a most interesting theme, but here I prefer to remain close to Classical Antiquity.

A postscript

Both for those who think my post was too short and those who think it was (again!) too long follow here for your benefit and quick reference some of the newest additions about epigraphy at Ancient World Online: the Claros database (Madrid) with a concordance for Greek inscriptions, Axon; Silloge di Iscrizioni Storiche Greche (Università Ca’Foscari, Venice) the projects at Berlin for the Inscriptiones Graecae (IG) and Inscriptiones Christianae Graecae (ICG) with Christian inscriptions in Greece and Asia Minor, the Inscriptions of Israel / Palestine (Brown University) and even some of the latest issues of the Année Epigraphique in open access. All of them would perfectly suit another post on epigraphy. I should have pointed also to the digital library of the Institute for the Study of the Ancient World (ISAW), New York, home to the AWOL blog, and at the very least I can give here a link to the digitized publications about ancient law and inscriptions.

On March 10, 2016, Sarah E. Bond published Epigraphy Enchiridion, a post on her blog about online handbooks and guides for Greek and Latin Epigraphy. Somehow I completely overlooked the app accompanying Epigraphia 3D with 60 inscriptions held at Mérida, well worth exploring!

Going the long roads: Legal history and The History Manifesto

Cover This year saw in June some twenty conferences in the field of legal history, but now in August the congress calendar of my blog shows no events. It is summertime and scholarly life, too, goes at a slower pace and in different rhythms! During my holiday I could find much time for reading, and without events to attend I hope to read more this month.

One of the books offering itself for a reading in calm and quiet surroundings bristles with energy. Last year Cambridge University Press published The History Manifesto by Jo Guldi and David Armitage, both as a book in print, as an e-book, in a web version and as a PDF. In 2014 I read it very quickly, and indeed its style helped me to fly through its pages. However, if the proposals and visions of the two authors make any sense, a more detached second reading is needed. What’s in it for legal historians? Do Guldi and Armitage have a message for them, or even multiple messages? What are the challenges facing the various fields and corners of legal history? Can we safely follow its recommendations and examples, or are there different directions which will be more rewarding? In this post I offer a personal view about this provocative book.

A call to arms

The opening words of The History Manifesto echo the Communist Manifesto which did indeed stir minds and governments. Both texts are divided into an introduction and four chapters, and they share the use of incisive and trenchant statements. However, with 125 pages for the main text the 2014 manifesto is really a book, not just a pamphlet-length treatise, In addition forty pages of notes and an index for persons and subjects place it in another category.

A summary of the book by Guldi and Armitage is not out-of-place here. The authors start with an introduction which depicts the humanities in a state of crisis. The following chapter looks at the origins of the modern concept of the longue durée, associated with Fernard Braudel and the impact of the French Annales school of historiography. In the second chapter they investigate the place of research concerning long-term developments in historical research between 1950 and 2000. The third chapter discusses the amount of attention historians paid in the twentieth century to such matters as worldwide changes in climate, inequality and the ways governments function. The last chapter is a plea to ask the great questions and to use Big Data in new ways that bring sound analyses for the problems of our times leading to actions for the future. One of the themes in the conclusion is the public role of history and historians in our century.

The great seduction of Guldi and Armitage is the invitation to combine without questioning two assumptions, the importance of history and the urgent need to follow the directions they indicate. I would not be a historian if I did not believe in and practice history with all its qualities. The second assumption is presented in a most enticing way. Guldi and Armitage are skilled story tellers, and it feels safe to join them in their explorations. The prophetic tone of the new manifesto brings a smile, because it makes you feel you are at last in good company with people who can see through the layers of society and open vistas of a world where historians and their research are almost bed fellows to power, guardians of the truth and the common good, and councillors with sound counsels. “Historians of the world, unite! There is a world to win – before it’s too late”. Even if there is a spectre haunting the modern world, you can find here a benevolent spirit ready to save mankind.

Guldi and Armitage are serious historians, but you cannot miss the ideological overtones of the manifesto. It would be wrong to dismiss the manifesto as nothing but a resurfacing of left ideologies. In fact they point not only to values and visions worth defending and promoting in their view, but they are also clear about the supposed neutrality of a world reigned by capitalism and neoliberalism. They point to research showing the impact of capitalism not only for the economy, but in particular also for the environment.

On the website promoting The History Manifesto there is ample space for discussion and criticism. The original version published in October 2014 has been followed in February 2015 by a corrected version with an accompanying revision notice. One of the salient features revised is a graph at page 44 depicting the percentage of Ph.D. theses written in the United States dealing with historical subjects during long periods. The alleged “downfall” of interest in long periods was less steep than suggested. One can frown about the very choice of American theses where a comparative perspective or a similar sample of published history books might have been more convincing. British and American history together provide the majority of examples, even if former British colonies are present, too. China gets more space than Japan.

At first I had no intent of looking at this book through Dutch glasses, but on second thought this, too, is useful. At page 65 Guldi and Armitage list a number of infrastructural projects “where nations have assumed responsibility for preserving life into the future”, among them “the government-built dykes of the early modern Netherlands”. The typical Dutch thing about the medieval and later dykes up to 1700 is that the overwhelming majority has been built by local governing bodies with whom resided full authority and jurisdiction. Centralized efforts to restore areas claimed by the floods of 1530 did utterly fail. In the seventeenth century the large land reclamations north of Amsterdam such as the Beemster (1612) and the Schermer (1635) succeeded thanks to the efforts of private investment companies. In the same paragraph the authors make the point that central authority is not always a prime mover, and here the Dutch dykes would have fit in excellently. This might seem a tiny detail, but historians have to deal with both details and larger contexts, especially when you want to give tell-tale details. As for the importance of the history of water management the manifesto does point to the studies of Terje Tvedt.

Short periods, long periods and legal history

Logo The Republic of Letters

Instead of picking at possible faults and mistakes it is perhaps more rewarding to look at the fruits of The History Manifesto that are interesting for legal historians. Do Guldi and Armitage look at legal matters in the past apart from inequality and injustice, and cite research in the fields of legal history? They do indeed, and I will give here a summary overview.

In the first chapter the influence of Theodor Mommsen and Henry Maine is mentioned with approval as an influence on various social history studies by Sidney and Beatrice Webb. Paolo Grossi’s research about the history of property figures in a footnote. Later on it is no surprise that ownership figures prominently, for example Aaron Sakolski’s Land Tenure and Land Taxation in America (1957) who wrote about the views of major legal historians about the history of ownership. The two authors point to older studies such as Eugène Garsonnet, Histoire des locations perpétuelles et des baux à longue durée (Paris 1878) which helped Braudel during the fifties in creating his concept of the longue durée. Paul Warde traced the impact of real and perceived wood shortage on emigration using court records from many places in Europe. The series of digitized criminal court records of the Old Bailey between 1673 and 1914 is proudly present, as is Colin Wilder’s project Republic of Literature (RL) where legal texts are linked to a vast network of scholars and students and the ways they influenced German society in the Early Modern period. The datasets and the conceptual model behind RL are open to scholars for doing their own research. Paul Johnson and Stephen Nicholas studied criminal records in England and Wales between 1812 and 1867 which contain the height of the accused in order to find evidence for any improvement in living conditions. The history of slavery and its changing interpretations appear in every chapter. Using the contents of probate inventories as a kind of testing ground for all kind of changes is another example of sources familiar to at least a number of legal historians, In the final chapter Guldi and Armitage cite a possible study to words for emotions in court records as an example of future research for which historians are in their view exceptionally well equipped.

While looking for the relationship between attention to long periods and legal history I was somewhat mystified by the role allegedly played by Quentin Skinner. Guldi and Armitage present him (pp. 47-48) as a defender of contextual scholarship who attacked those favoring grand theories including attempts at long-term history. Skinner did certainly criticize those who tried to construct fanciful histories of ideas, but in his later publications he certainly did not avoid major subjects such as republicanism and freedom in Early Modern Europe, a time range of three centuries. I cannot help thinking about the proverb coined by George Bush “Who is not against us is for us”. Another saying, “Why should facts hamper my theory?”, is probably closer to the mark.

Blessings in disguise

As a medievalist I am used to the fact that results in studies dealing with long periods and major themes cannot be transplanted ceteris paribus to medieval studies. For The History Manifesto legal history mainly serves as a stepping stone or sometimes as an approved guide for a particular subject or problem. To do justice to the facts one should note that the website of the Republic of Literature, too, does in its present state only refer to the titles of legal texts as examples chosen from Roman and medieval law.

However, it is one thing to depreciate a book completely. and another thing to signal problems concerning the aims, scope, scale and value of a book. If I would make here only negative remarks about their book, I would take the trees for the forest. Guldi and Armitage express their genuine and sincere concern about the practice of history and its impact on society. The authors did a sincere job, and they could benefit from comments on lectures and early drafts by noted historians such as Peter Burke, Paul Freedman. Lynn Hunt and John Witt. You might have heard too often about crises in the historical trade and within the humanities, but even the ideological tone of The History Manifesto does not harm the main argument about the importance of choosing relevant subjects to be studied within a sufficiently long time span. Sometimes it is necessary to look just before and after a particular period to gain real insights, but even so often the micro-historic approach of telescoping into very short periods will pay off.

One of my greatest hesitations with the summons of The History Manifesto is the wish to be close to those in power, in order to give sound counsels and guide long-term policies. We had better watch out to remain independent as far as possible, and not sacrifice this for a clear role in current affairs. The results of historical research can shed light on the present, but they seldom contain infallible guidance for the immediate future or decades ahead of us.

The second major fault of The History Manifesto is perhaps more devastating. The authors highlight at several turns aspects of legal history, but somehow for me it sounds hollow. Generally I do not like to attack the main thrust of a book, but is it not very strange that a book with much attention to struggles against racism, inequality, slavery, environmental threats and the unfair distribution of wealth does not put legal history at its center? Uses and abuses of powers, legal doctrine and institutions, legislation and justice are not just at the periphery of such matters. They are part and parcel of these problems, prime movers and causes, channels of consequences to many events and solutions.

Jo Guldi and David Armitage want historians to tell stories that matter. Just choosing a long period in itself is not enough, and just dreaming about the chances of Big Data is no help, but creating and presenting sizeable answers when accessing and analyzing massive information is an aim not easily to accomplish. This book needs to be read with a red pencil. Your copy should be full with question marks and underlinings, emoticons and marks of approval, wonder and disbelief. The real question is not what these two distinguished scholars do within the provocative chapters of their double-length pamphlet, but what does it mean for your own future research practice, or from a reader perspective, what kind of history might be more rewarding than the studies I preferred until now? Combining the strengths of micro-history and a more synthetic approach within serial contextualism is one of the roads advocated by Guldi and Armitage. The study of revolutions, be it the French, the Industrial, the Russian or the Green Revolution, is helped both by studies with a narrow focus in location and time to look beyond the glamour and clamor of the great cities, and by attempts to create new syntheses building on existing studies, studies that will cover much longer periods. In the manifesto revolutions are a clear example, but it could be as helpful to look in this way, too, at the similarities and differences in riots and revolts, surely somewhat smaller events, but nevertheless often resonating long afterwards. You might find some inspiration in a post about the history of riots on my blog.

In fact studying riots can take you right into living history. The riots after the death of Michael Brown on August 9, 2014, in Ferguson, Missouri, got world-wide attention. The Washington University in St. Louis, MO, has created the digital archive Documenting Ferguson, and you can look also for example at a Ferguson research guide created by the University of Arizona and a similar guide from Michigan State University. This university has also put online a special guide concerning riots and trials touching upon African-American history, Outrageous Justice: Riots, Lynchings, False Accusations and Court Trials with numerous links to websites about trials and courts.

As far as the world extends

Cover Entanglements in Legal History

What are the new roads, scopes and aims of legal historians nowadays? A few paragraphs ago I wrote on purpose about transplanting. Looking at different legal systems is not only a practice in the field of comparative law. In the twentieth century Stephan Kuttner, David Daube and Alan Watson looked across the supposed borders of legal systems, and other scholars have followed their example. The latest issue of the journal Rechtsgeschichte-Legal History / Rg 22 (2014) is dedicated to transnational legal history. The preface by Thomas Duve, one of the two directors of the Max-Planck-Institut für europäische Rechtsgeschichte in Frankfurt am Main, makes clear how this institute seeks to include the whole world in is research, without forgetting its own history of research focusing on European legal history, fittingly symbolized by the new Helmut-Coing-Weg near the institute. It points to new roads with its publication series Global Perspectives on Legal History (GPLH), with the first two volumes already available not only in print but also as PDF’s. The first volume, Entanglements in Legal History: Conceptual Approaches, Thomas Duve (ed.) (GPLH, 1; 2014), sets an agenda for future research. The essays in this volumes look back at the positive and negative sides of earlier research, they chart the impact of colonial and imperial history, and look in more depth at legal transfers and reception of law in the field of international law since 1800. The second volume, Derecho privado y modernización. América Latina y Europa en la primera mitad del siglo XX, María Rosario Polotto, Thorsten Keiser and Thomas Duve (eds.) (GPLH, 2; 2015), looks at the interplay between European and Latin-American history in the field of private law during the first half of the twentieth century.

Closer to my country I am happy to see the very quick publication of the papers read during the last Dutch-Belgian Legal History Days in Brussels, December 2014, a biennial event which gives the floor in particular to young legal historians. Dave de ruysscher and four other scholars edited the volume Rechtsgeschiedenis op nieuwe wegen / Legal history, moving in new directions (Antwerpen-Apeldoorn 2015). Not only the Low Countries, but also the United Kingdom, France, Italy and Argentina figure in this volume. Of course much more could be mentioned. Let three examples suffice: John W. Cairns published this summer Codification, Transplants and History: Law Reform in Louisiana (1808) and Quebec (1866) (Clark, NJ, 2015) and Martin Vranken published Western Legal Traditions: A Comparison of Civil Law and Common Law (Sydney 2015). Earlier I wrote here about the Digital Panopticon, a larger than life offspring of the Old Bailey Online project, spanning the oceans and centuries between Britain and Australia with court records as its backbone.

Qua Patet Orbis, “as far as the world extends”, is the motto of the Dutch Marine Corps founded in 1665. Its history of world-wide presence right until now reminds me that we cannot shake off entirely the impact of colonial history and imperialism. Being aware of traditional perspectives and biases is often already an effort, and taking new directions might easily become just a slogan. The book of Jo Guldi and David Armitage deserves at the very least your attention to check for cobwebs in your own thinking and actions. Legal historians might not be able to change the world by the force of their research, but they cannot completely ignore the major problems of our century, such as violence, racial tensions, slavery, human traffic, fundamentalist movements, the weaknesses of civil society and the destruction of natural resources. Legal historians are well equipped to gauge the impact or lack of impact of laws, the workings of bureaucracies, the shifting meanings and connotations of words associated with justice and injustice, equality and equity. It would be a shame to create only results to save yourself a place within the ivory towers of the academic world, and luckily I trust that many legal historians are simply too human and wise to enclose themselves.

Old laws in a new world: The case of New Amsterdam

Digital gallery New Amsterdam

In my latest post I almost lamented the emphasis on European history on my legal history website. In order to make up for any deficiencies I decided to choose a subject outside Europe for my next post. Ironically I arrived at New Amsterdam 1647-1661 thanks to the European History Primary Sources portal. This portal brings succinct records for digitized source collections of whatever nature, tagged with basic information about countries, languages, periods, subjects and resource type. The subject colonial provided an entrance at the EHPS portal for this digital collection created by the New York City Department of Records and Administration. The contents of this digital collection are mainly original and translated ordinances and regulations, a theme firmly within the scope of my blog. In fact the very preponderance of legal resources made me very curious about this collection. Other ordinances from Dutch colonies during the Early Modern period are now also available online elsewhere. Here I will look briefly at those digital collections, too.

A legislative legacy

Earlier this year I enjoyed reading Russell Shorto’s book Amsterdam. A history of the world’s most liberal city (2013) about the rich history of the Dutch capital. In a conversation someone pointed me to his book about the early history of New York The island at the center of the world (2004) which I still had not read. In his book about Amsterdam Shorto dedicated a chapter about the impact of Amsterdam on New York (“Seeds of influence”), yet another reason to get hold of his study about the colorful history of the Dutch colony on American soil.

At the moment of writing the digital gallery consists of just fifteen images and the series of municipal bylaws created between 1647 and 1661. The Municipal Archives and the Municipal Library of New York City will soon add more digitized items to this gallery.

An early Dutch record from New York - image NYC Department of Records

The first ordinance issued by Peter Stuyvesant as Director-General of New Amsterdam, May 31, 1647 – NAR, BK 1

The heart of the digital collection is made up of ordinances and regulations. As for now there are four distinct series, the first with original Dutch records between 1647 and 1661, the second for a manuscript with translations of Dutch records (1647-1654), the third with a digitized version of a manuscript by E.B. O’Callaghan from 1868 with ordinances of New Amsterdam (1647-1661), and the fourth a digital version of the first volume of Berthold Fernow’s Records of New Amsterdam (7 volumes, New York, 1897-1898).

The first section gives you an immediate experience of the surviving resources from the Dutch period of New York. Dutch historians will recognize a smooth seventeenth-century hand, and for others this kind of handwriting is vastly different from English handwriting of the same period. The manuscript with translations of the register shown in the first section might be the work of Cornelius van Westbrook or Edmund Bailey O’Callaghan. The third section gives a manuscript by O’Callaghan with his translation of the same register. In the last section Fernow took over O’Callaghan’s translation of the first register. The digital version shows only the translation of the same register (up to page 49).

The register has been used to create a portrait of Stuyvesant, busy regulating daily life, in particular formulating policies ensuring the common good and adjusting affairs. The general impression is that of working out policies instead of working to ensure justice. Nevertheless I saw also an undated prayer for opening council meetings. If you would look in more detail you would for instance notice the ruling urging to pay Indians correctly for their work (September 28, 1648) and the order on the conveyance of real estate in courts convened by the Director-General (February 7, 1650). This raises the general question of ordinances concerning private law, other laws, the borders of jurisdiction and the functioning of courts.

The first register is given an honoured place, but somehow I had expected more. It is nice to see the different stages from transcripts to translation, and it shows Charles Gehring and all working in his trail were not the first to deal with the records of the Dutch colonial period of New York and surrounding settlements and areas. Those dealing with Dutch palaeography would certainly welcome here a transcription of at least a part of this hallowed register. Let’s say it without hesitation, this digital gallery is really a showcase, if not for its content, then surely for using in its web address proudly the new domain .nyc, anyway shorter than the .amsterdam domain.

Eager for more

Logo New Netherland Institute

Russell Shorto’s book appeared eleven years ago and it has become a classic work, even to the degree that its references remain unchanged in later impressions. For the latest scholarship about colonial New York and the New Netherland period you can turn to the only website Shorto refers to, the New Netherland Project, nowadays called the New Netherland Institute (NNI). This institute maintains a bibliography, and it has created an impressive digital library with both older publications and editions, and also digital versions of its own publications. In 2010 the New Netherland Research Center opened in the same building in Albany, NY, where the New York State Archives and the New York State Library are housed, too.

The logical question to ask here is what we can find here concerning legal history. Property law is written large for example in the three volumes of the Register of the Provincial Secretary (1638-1660). Here, too, is the luxury of a digitized version of the first attempts at translation, Gehring’s modern translation and digitized images of the register itself. Three volumes have been edited with the Council Minutes for the period 1638-1656, a primary source for the executive, legislative, and judicial proceedings of the Director General and Council of New Netherland. The sixteenth volume in the publication series gives us Laws and Writs of Appeal (part I, 1647-1663). The second part of volume 16 contains translations of court minutes from Fort Orange (1652-1660). Again property law is the subject of the translated Land Papers (1630-1664). Fort Orange became eventually Albany. There are minutes of the court of Albany from 1668 to 1685, now kept at the Albany County Hall of Records. The list grows really long! The Van Rensselaer Manor comes into view, too, as are the New Netherland Papers of Hans Bontemantel, a director of the Amsterdam Chamber of the Dutch West Indies Company. Dutch colonial history elsewhere is also present, in the Curaçao Papers (1640-1665) (volume 17), here with a transcription, translation and images .

With separate access to the introductions of all sets, a guide to weights and measures, and last but not least both the original guide to Dutch papers created by Charles Gehring in 1977 and 1978 and its digital successor (2011-2012), you can only wish to have an online directory to the older phases of Dutch palaeography to try to decipher some of the images and to look more closely at Dutch words in the transcriptions. Luckily the magnificent multivolume Woordenboek der Nederlandsche Taal has become available at Leiden in a fine searchable version. The link to the digital collections of the New York State Archives does at first only lead to a free text search and four browsing filters (collections, places, repositories, state agencies), but I could quickly spot the collection for the Dutch settlement at the Delaware river (just one document from 1656), the administrative correspondence for the Dutch colony in New York (231 documents) and colonial council minutes with for example the 1657 Flushing Remonstrance.

Elsewhere, too, you can find digitized sources from the Dutch colonial period in the United States. At a branch of Ancestry is a useful links collection called New Netherland and Beyond. The section about the Dutch period (1621-1664) is the one to go for my purpose. You will find here for example A.J. Van Laer’s selections from the Van Rensselaer Bowier Manuscripts (1908) also dealt with by the NNI, and generally digitized versions of the finding aids, reports and translations created by Van Laer, O’Callaghan and Fernow.

Interestingly Dutch ordinances from the Early Modern period are in particular available online for the Dutch colonial period. The Huygens Institute/Institute for Dutch history has created a digital version of the West-Indisch Plakaatboek within its project The Dutch in the Caribbean World c. 1670 – c. 1870. The digital Plakaatboek Guyana 1670-1816 has been launched in February 2015, and this project dealing with Essequibo, Berbice and Demerary, too, is accessible with an English interface. The Nederlandsch-Indisch Plakaatboek 1602-1811, Jacobus Anne van der Chijs (ed.) (17 vol., Batavia, 1885-1901) has been digitized partially at Oxford (vol. 1-3), but it is available completely – and nicely searchable, too – within the Colonial Collection of Leiden University Library. The version of Van der Chijs at Sejarah Nusantara, a portal for colonial history created by the Arsip Nasional Republik Indonesia, is even better searchable. For the Kaapse Plakkaatboek (6 vol., Cape Town, 1944-1951), edited by M.K. Jeffreys and S.D. Naudé, the first free volumes appear in the digital books section of the firm aiming to be the One and Only Web Firm. The two volumes of the Ceylonees plakkaatboek, Lodewijk Hovy (ed.) (Hilversum, 1991) deal with the period 1638-1796. In arrangement with the publishing firm you can view large parts of it online in the same virtual library as for its South African counterpart. Hovy added to his edition a book-length introduction. The Dutch presence in Brazil was an element in my post last year about Brazil’s legal history, but there is not yet a general edition of ordinances. By the way, in the Dutch language both spellings plakaatboek and plakkaatboek exist side by side, yet another difficulty to trace these modern editions and their older predecessors.

Mapping the early history of New York

By now it should be clear how necessary it is to view the digital gallery of one early register within a larger context, for example that of the Dutch colonial enterprises, but it is certainly wise to look also at other countries and their activities on the American continent. Even the English colonies show great differences. A monolithic view tailored to the taste of those wanting rapid answers caters for a substantial niche, but it does not bring you answers with subtle nuances or even new questions.

Shorto makes a case for looking anew at both the origins of New York and the United States. Looking at the Dutch period and the legal transplants effected by the English can help to see American legal history in more depth, beyond the battlegrounds of originalism. Shorto tries to create a new picture of Peter Stuyvesant (around 1611-1672), yet it might seem he overstates his case. I cannot help thinking that one tries to make out much of relatively scarce resources. The translated documents show more pieces of a puzzle, and maybe indicate we have to deal with several puzzles with large gaps or with maps showing empty areas.

In fact when preparing this post I did not just look at sources indicated at the website of the New Netherland Project. The Fordham University in Nw York City has created a digital collection of old maps showing New Amsterdam, New Netherland and New England. In Chicago the Newberry Library presents an interesting gallery with maps for American colonial history, initially made for educational use. A particular link with New Amsterdam is provided by the digital slavery collections of the New York Historical Society. Even if they do not deal directly with the Dutch period it is seducing to look at them in connection with the certification in 1665 by Peter Stuyvesant of land grants to manumitted slaves, digitized at the NNI.

Chances for new research

In 2016 the exhibit Origins – Light on New York’s founders will start. At the accompanying website the portraits of some iconic Dutch figures look already at you. Let’s hope this occasion will be just another spur to delve into the early sources of New York’s history and of American colonial history in general. It would be most welcome if at least some scholars and in particular legal historians study aspects of that early history starting with the original sources and reading the Dutch of the founders. Shorto makes you see the people, hear the many languages, smell the filth of the colony and the fresh air of a green island, and takes you on a voyage back in history much in the style of a novel. Exactly his fluent style and evocation of people and events make me shiver sometimes when I feel his imagination gets too strong. L.J. Wagenaar wrote in 1995 in his review of Hovy’s edition of Dutch ordinances for Ceylon these sources provided him with living images just like a novel.

Russell Shorto cannot be faulted for using with verve a style that might be termed journalistic. His books make you curious for more. He raises questions and new views, and books with these qualities are as important as book with answers. He challenges us to write as lively as he can, to do the hard work in searching, studying and analysing resources, formulating new theories and creating vast vistas we would not have dreamt of before.

Here I will honour Shorto by pointing in his way to a fact that might shed light on Stuyvesant. I am finishing this post at the Frisian island Terschelling, a familiar location for readers here. Near the village Midsland-Noord, a new part of the old village Midsland, is a spot with sands and heath called Stuyvesant, perhaps best translated as “moving sand”. Peter Stuyvesant came from a village in West-Frisia. Even without pursuing this toponym in full depth it hints at a certain quality of things eternally moving, partially hidden, partially blowing in your face, a presence which slip though your fingers like sand. My country can still boast a number of these moving sand regions as nowhere else in Europe. Just like New York Terschelling is blessed with a bay offering itself as a perfect natural harbor… There are limits to our knowledge, but they will move with every new question, with every new concept and view guiding our quest for perceiving the realities of the past. Legal sources might be tapped in ways yet untried, and historical sources can be read very differently when you put them side by side with the traces and sources of legal history.

A postscript

After finishing this post I felt slightly awkward about not mentioning any resources at the New York Public Library. For historical maps of early New York one can start with the online exhibition Mapping New York’s Shoreline, 1609-2009. Among the digital collections of the NYPL are early maps. The research guide Sea Blazers and Early Scriveners: The First Guide Books to New York City introduces you not only to these early guide books, but gives you also quick access to relevant literature in the holdings of the NYPL. At my legal history website Rechtshistorie I have created a page with links to online guides and tutorials for palaeography.

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 Reti 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 translations, 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 translations 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.

If 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 work 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.

A postscript

The staff of the Mittelalter blog received my remarks about the tree structure with Spezialgebiete (“special areas”) with interest. They did indeed change the tree structure, and it looks now more convincingly. Legal history (Rechtsgeschichte) is now a an element of history (Geschichtswissenschaft).

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.

Saving threatened archival collections

Banner Endangered Archives Project

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

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

Safeguarding cultural heritage in situ and in virtual space

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

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

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

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

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

Tavamani document - EAP 314

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

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

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

Preserving the history of law, customs and government

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

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

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

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

Luckily, there is more!

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

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

A postscript

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

Tracing Brazil’s legal history

Four years ago the world championship for soccer in South Africa gave me a perfect occasion to look at some online resources for the legal history of South Africa and other African countries. Looking beyond the lines of soccer proved to be interesting indeed. Only after watching many games of this year’s championship in Brazil the idea of writing about Brazil’s legal history surfaced at long last. In this post I will present a number of online resources for Brazilian legal history, and I will comment on some existing online guides for the history of Brasil. The result is a research guide which at turns can seem too long and at other points too compact.

For everybody interested in contemporary Brasil there are several excellent online guides. I would place the Brazilian page of the Latin American Network Information Center (LANIC) at the University of Texas at Austin first. The LANIC offers a separate page on Brasil’s government, law and politics. The Library of Congress has a splendid webpage on Brazilian law and resources for research, and also a compact overview of legal resources concerning the República Federativa do Brasil. The World Legal Information Institute, too, has a very detailed overview of Brazilian legal resources. Cornell University’s Legal Information Institute offers on the page for Latin America a useful standardized links list to legal and judicial institutions, including those for Brasil. The very detailed page for Brasil at Globalex (New York University) has not been updated since 2008. The Latin American Collection of Yale University Library provides a very generous general online guide to Latin American Studies. I would recommend in particular the online guide Pesquisa no Brasil / Researching Brazil, a project of the University of Indiana, Bloomington.

Brasiliana online

Where to start for finding digital resources for Brazil’s legal history? For this post I could start with the websites I put together during the past years on the page with digital libraries of my own legal history portal Rechtshistorie. The challenge for me when creating this page was to offer not just a few websites easily found by using the world’s major search engines. Instead of just a links list I add to every link concise information about content and scope of a website. It can be a considerable effort to find relevant resources for a particular country. Some Latin American countries still do not figure at all on this page. The lacunae are made somewhat smaller by including also a number of websites and projects dealing with Latin America in general. It is useful to start with them here.

The best starting point for looking at Brazil’s legal history might be the impressive Portal Euroamericano de Historia y Antropología Jurídica, an initiative at the Universidad de Girona. This portal to legal history for the Iberian peninsula and Latin America has interfaces in Spanish, Catalan, Portuguese and English. However, the digital library at this portal has only four titles concerning Brazil, and with just two links to university departments in Brasil the links selection is distinctly meagre. The University of Maryland has created the Early Americas Digital Archive, with both its own archive of digitized texts and a gateway to online texts by authors writing about North and South America from 1492 to 1820.

The historical constitutions of many Latin American countries can conveniently be found at Constituciones Hispanoamericanas, a part of the Spanish portal Biblioteca Virtual Miguel de Cervantes, with also a section devoted to legal history and jurisprudence. However, Belize, Brasil, Haiti, Jamaica, Suriname, Guyana and French Guyana are excluded at this portal for Latin American constitutions. If you prefer reading the English translations of these constitutions you can quickly find the major portals for online constitutions using the same page of my website, The Constitution Finder of the University of Richmond Law School has not only the Brazilian constitutions of 1824, 1891, 1934, 1946, 1967 and 1988, most of them in Portuguese, but also the current constitutions of the estados that form the Federal Republic of Brasil. At Verfassungen der Welt you can also find the 1822 constitution of the united kingdoms of Portugal and Brasil (1815-1822). The portal Legislación Histórica de España created by the Ministério de Cultura, Madrid offers a database with digitized Iberian and Latin-American legislation, but countries outside the Spanish empire are excluded. At Bicentenario de las Independencias Iberoamericanas, a website created by the portal for Spanish archives for the bicentennials of the independence of several Latin American countries, Brasil has been included. For nearly ninety institutions information is provided about their archives and the resources concerning the Brazilian independence (1822).

Let’s not be deterred by some projects which were only less useful for this specific subject, and continue this overview. The Biblioteca Digital del Patrimonio Iberoamericano is a project of the Biblioteca Nacional de España and several national libraries in Latin America, with mainly manuscripts, drawings and old maps; Brasil’s Biblioteca Nacional in Rio de Janeiro contributes some 19,000 items. This portal can be viewed in English, Spanish and Portuguese. The German gateway Cibera, Virtual Library Latin-America/Spain/Portugal, is very useful for any research on Latin American subjects; here, too, you can choose your language, German, English, Spanish or Portuguese. Its subdomain Iberolinks offers a guide to relevant websites, with some 260 websites for Brasil. The Latin American Pamphlet Digital Collection of the Widener Library, Harvard University, is one of the few digital collections presenting digitized pamphlets from this region.

With the portal Memórias de África e do Oriente we are finally sailing directly into the history of the former Portuguese colonial empire. Alas the project team could not get a specialist for Brazil, which clearly led to a rather thin Brazilian presence. Africa is the focus of this project at the Universidade de Aveiro. At this portal you will have to search for Brasil among the more general resources. A notable exception are the five volumes of the Monumenta Brasiliae, Serafim Leite (ed.) (5 vol., Rome 1956-1968), a source edition for the history of the Jesuits in sixteenth-century Brazil. Of course the Biblioteca Nacional Digital of the Biblioteca Nacional de Portugal in Lisbon should not be forgotten, if only already for the digitized maps and images. Among the several Portuguese digital libraries the website Ius Lusitaniae of the Universidade Nova de Lisboa offers a relatively small but useful selection of historical legislation and other legal works which also touch the Portuguese overseas empire.

Digital collections in Brasil

Logo Biblioteca Nacional DigitalThe Brazilian Biblioteca Nacional has created a large Biblioteca Nacional Digital. Apart from digitized books you can also follow themes in a series of dossiers, in particular A França no Brasil / La France en Brésil. The cultural heritage portal Rede da Memória Virtual Brasileira is a general portal for digitized heritage, with initially only among the political items some subjects related to law and justice. As a Dutchman I was nicely surprised by the page on the Dutch period in Brasil centering on Pernambuco Holandes. You can find here a digitized copy of Caspar van Baerle ‘s (Barlaeus) illustrated book Rerum per octennium in Brasilia (…) gestarum (Amsterdam: Blaeu, 1647) about the Dutch presence in Brasil during the second quarter of the seventeenth century, one of the most important early historical accounts by a European author. Together with the Brazilian national library the Library of Congress has created the bilingual portal United States and Brazil: Expanding Frontiers, Comparing Cultures / Brasil e Estados Unidos: Expandindo Fronteiras, Comparando Culturas which brings you to digitized books, maps, prints, and much more. Here, too, the Dutch period comes into view. The Universidade de São Paulo has created Brasiliana USP, a general digital library with some juridical works, but you can also use Obras Raras e Especiais, the digital library for rare and old books of this university. You can find here for instance the issues for 120 years (1893-2013) of the legal review Revista da Faculdade de Direito de São Paulo.

Several Brazilian parliamentary and judicial institutions have created digital libraries, too. The Câmara dos Deputados has got a Biblioteca Digital with a section for obras raras, rare books. The Suprema Tribunal Federal, the Brazilian constitutional court, has not only its own digital library, but also the Julgamentos Históricos, a selection of verdicts pronounced by this tribunal starting in 1891, and also for the Supremo Tribunal da Justiça (1829-1891) and the Casa da Suplicação (1808-1829). The Supremo Tribunal da Justiça is the supreme Brazilian court for non-constitutional matters, with again its own Biblioteca Digital. Another digital library, the Biblioteca Digital do Superior Tribunal de Justiça, contains also information from its own museum. The Senado Federal, Brazil’s senate, has a digital library and a digital collection of its debates; unfortunately the digitized series of the Anais do Senado Federal has got lacunae.

Header Códiigo Brasiliense

Outside Brasil some libraries offer very substantial digital collections concerning the history of Brazilian law and government. The John Carter Brown Library at Brown University has digitized its copy of the rare Código Brasiliense, a three-volume collection of Brazilian laws printed between 1811 and 1822. In the Internet Archive this library has placed some 1,600 titles of their Portugal and Brasil collection. The ordering at the Internet Archive of the collections from the John Carter Brown Library is very practical, only few libraries have followed this example. The Center for Research Libraries (CRL) in Chicago has created the collection Brasilian Government Documents, with provincial and presidential reports, presidential messages and the Almanak Laemmert, the yearly guide of the Brazilian government. The CRL has more materials for Brasil’s legal history. Within the LAMP project (formerly known as the Latin American Microform Project) materials concerning Brasil take a large place. The guide to LAMP collections mentions the Abdias Nascimento Collection. The archival collection of this artist, scholar and politician has been digitized at Ipeafro, the Instituto de Pesquisas e Estudos Afro-Brasileiro at Rio de Janeiro.

A grim note is struck by the project Brasil-Nunca Mais (Never Again) which documents in 538 microfilm reels court documents about the trials against civilians at the Superior Tribunal Militar, the Brazilian Military Supreme Court, between 1964 and 1979. During detention torture was used among other humiliating and inhuman forms of treatment which violated human rights. The project website gives access to a substantial number of digitized records about these trials and violations.

The Brazilian digital libraries mentioned until now are almost all present at my website. On the page for museums and legal history I included the Museo do Crime at the Academia de Policia in São Paulo. At the moment of creation of that page I could not find a functioning website for this museum. In fact there are both a Museo do Crime and a Museu de Policia Civil, with alas for both no website. However, the Museo do Crime is present at Facebook.

At this point it is wise to note that more than hundred Brazilian digital libraries and repositories are harvested by BASE, the Bielefeld Academic Search Engine with now well over 3000 contributing institutions. You will forgive me my smile when I visited a website with the proud title Guide to the legal history of Brasil, an offspring of Law of Brasil. The guide with just one page gives only an overview of the distinct periods of Brasil’s history since the Independence of 1822, without any reference to sources in print or online. The mobile app LookHistória gives you nearly more. The constitutional changes in Brasil, starting with the constitution of 1824, are very important. Brasil changed from an empire into a republic, followed by a military dictatorship after the 1964 coup, and again a republic.

Online guidance for pesquisadores no Brasil

Header Nuevo Mundo

From an earlier post here I remembered an online guide for doing Latin American research in Paris. The online journal Nuevo Mundo / Mundos Nuevos exists since 2001. On its website, accessible in four languages, much more is offered than just a regular online journal. The Guia del investigador americanista, the section with online guides started in 2006. Here I will focus on those guides directly relevant for Brasil. Of course it is wise to look also at guides to resources in major European and American cities, but including them here would take too much space. When you choose the guide for research in Amsterdam (2009) you should remember that you can find much at Leiden, too. After the first guide for Brasil in 2009, Fuentes para la historia colonial de Brasil en los archivos españoles by María Belén García López, a second guide edited by a team of authors, the Guia do pesquisador americanista no Brasil appeared in 2011.

NuevoMundo’s guide to resources for Brazilian history in Spanish archives is all that you can wish for such a guide. It offers lots of information about the fondos of a great number of archives, with an additional bibliography of guides and archival inventories. The links to the websites of these archives are not included, but you can find these and much more rapidly at the Portal de Archivos Españoles (PARES). PARES offers also online access to digitized archival records held at a number of major Spanish archives.

Logo Centro de Memória Amazônia

The 2011 guide at NuevoMundo gives a full treatment of a wide variety of cultural institutions and their holdings, including information about their virtual presence. A quick scan of its contents leads you to a small number of digital libraries and archival collections. The Centro do Memória de Amazônia in Belém has digitized documents from some 130 inquisitorial procesos held between 1536 and 1821. The second digital library with historical resources has been created by the Biblioteca Octávio Ianni of the Universidade Estadual de Campinas (UNICAMP). The section Obras Raras of the Biblioteca Digital da UNICAMP contains 44 titles of travel accounts and historical works, among them Barlaeus’ book from 1647.

A third guide at NuevoMundo focuses on research facilities in Rio de Janeiro. In 2012 Sílvia Capanema P. de Almeida and Anaïs Fléchet published their online guide in French, Guide du chercheur américanista à Rio de Janeiro. A single example should show the merits of this guide: the Fundação Casa de Rui Barbosa focuses on the Brazilian lawyer, politician and author Rui Barbosa (1849-1923); a number of his manuscripts is kept at the Academia Brasileira de Letras. The foundation’s website has a section with the Obras Completas of Rui Barbosa, but you can find here much more.

Logo Memórias Reveladas

NuevoMundo puts you even more in debt with their Americanist Links selection, with a generous variety of archives, libraries, research institutions, journals, blogs and other websites. Here I spotted the website Memórias Reveladas (Memories revealed) documenting political strife in Brasil between 1964 and 1985. Its database is hosted by the Arquivo Nacional. The Brazilian national archive has also created the base de dados Acervo Judiciário do Arquivo Nacional. The Dutch period in Brazilian history will eventually be covered by the Arquivo Nacional in an online Guia de fontes para a história da Holanda e dos holandeses no Brasil, which you can consult in five languages, including Dutch. Alas this project seems not yet to have left its infancy. Anyway, the website of the Arquivo Nacional brings you at least to many other relevant links. Among the links listed at Nuevo Mundo I would like to mention the virtual exhibition Os Índios na Historia do Brasil and the REDIAL (Red Europea de Información y Documentación sobre América Latina). At the website of The Atlantic Slave Trade and Slave Life in the Americas: A Visual Record (University of Virginia Library) you can find numerous images of slavery in Brasil.

Looking for more resources

How wide can you cast your net to find anything relevant and useful? The results of further searches for digital resources concerning Brasil surely do not fit in this post. The journal NuevoMundo has a companion blog, Nuevo Mundo Radar, with regular alerts to new projects and websites. An example to make you curious: at the Vanderbilt University the portal site Ecclesiastical and Secular Sources for Slave Societies covers four countries. It has a substantial section with documents and maps from Brasil, and of course links to more projects, for instance within the Endangered Archives Project of the British Library.

Nuevo Mundo Radar gives me a welcome metaphor to describe the way it is possible to detect new digital resources. By the way, legal historians should know another radarlike web harvester, the Criminocorpus Radar for French criminal history. Actually both websites contain posts written by scholars. Only in sections with continous updates some automated functions (“bots”) bring you the latest information. By combining forces and by breaking through linguistic barriers it becomes possible to have a more global view of matters on a local, regional and national scale. Brasil is not far away anymore. Its history is in many ways connected to and influenced by Europe. The largest country of Latin America has a history and importance that deserves more attention.

A postscript

I received some nice reactions to this post. Some of them brought me back to soccer. The German law portal Virtuelle Fachbibliothek Recht at the Staatsbibliothek zu Berlin-Preussischer Kulturbesitz send out a tweet – @vifarecht – with the witty description weltmeisterisch for my words! During the championship Germany and my country triumphed over the Brazilian eleven. The Dutch proverbial saying goes that soccer is a play of eleven against eleven, and in the end Germany wins. I should honour German scholars by pointing to the Max-Planck-Institute for European Legal History in Frankfurt and their graduate school for Ibero-American legal history, with its own newsletter, list community, and to start a webpage available in five languages. In the graduate school the institute works together with scholars from Argentina and Brazil. This year’s summerschool of the International School of Ius Commune at Erice (September 30-October 4, 2014), organized by the Università di Catania, has as its theme Spanish and Italian jurists and their work in the New World.

Research into the history of the Dutch in Brazil is much helped by the series Mauritiana, named after Maurits of Oranje, Governor General of Dutch Brazil. Each bilingual volume has as it main title Brazilië in de Nederlandse archieven (1624-1654) and O Brasil em arquivos neerlandeses (1624-1654)[Brazil in Dutch archives, 1624-1654], and until now Marianne Wiesebron was the author or co-author of all volumes. The first volume was published in 2004 by the Leiden Research School CNWS, following volumes by Leiden University Press. You can find PDF’s of the Mauritiana series and similar digitized guides for materials hold in France, the United States, Italy, Spain, the United Kindom and Ireland in the digital library of the Biblioteca Nacional.

If I had found it in 2014 I would have sent you immediately to the online exhibition Brazil: Five Centuries of Change created by the Brown University as a companion website to the 2010 edition of the textbook on Brazilian history by Thomas Skidmore. On the website of the Arquivo Nacional in Rio de Janeiro you can find at least three other interesting virtual exhibitions, Brasil: o Império nos TrópicosNação Brasílica: 180 anos de Independência and 190 anos do Ministério da Justiça. In the Archive of Early American Images of the John Carter Brown Library of Brown University, Providence, RI, there are some 800 images concerning Brazil.

Remembering slavery

How to deal with major questions, problems and conflicts in history? How should one write about them as a blogger? Subjects such as the abuse of power, law and justice, the undeniable role of violence, wars, the exclusion of people from society, and the outright systematic persecution of people for whatever reason, cry out for probing questions and research from many perspectives. Here I have promised several times not to avoid such themes and problems. One of the reasons that my first posting of 2013 occurs only late in January is exactly devoting time to one of the subjects which cannot be excluded from legal history. In my country the abolition of slavery in Suriname in 1863 will be commemorated. In this post I will look at some publications and websites dealing both with slavery as a general subject and with the history and aftermath of slavery in Suriname. Until 1975 Suriname, situated between British and French Guyana, was a Dutch colony. I will not aim at any kind of exhaustive treatment of the abolition of slavery in this country.

Slavery and Suriname

The commemoration of the abolition of slavery in Suriname in the year 1863 has thus far in particular received attention on Dutch television in the NTR-VPRO series De slavernij [Slavery] broadcasted in 2011. The series centered around the search of the Dutch singer Roué Verveer for his ancestry. The very fact that background information was presented by a well-known Dutch anchorwoman was criticized by some people complaining she figured as a kind of all-knowing presenter high above the black singer who seemed only to ask questions which he could not answer himself. Whatever the value of this critique, in the book accompanying the series, De slavernij. Mensenhandel van de koloniale tijd tot nu [Slavery. Human traffic from colonial times until the present] (Amsterdam 2011) edited by Carla Boos and a team of scholars, his quest for the history of his family is barely touched upon.

The website of the series presents a very well equipped nutshell guide to genealogical research for Surinam ancestors. In fact it is a model of its kind, and I have searched in vain for a similar comprehensive treatment of the subject at other websites. Surely, the Dutch Nationaal Archief offers a guide to its own online databases concerning slavery in Suriname, even in English. It is one thing to have access to digitized manumission and emancipation registers, but knowing how to use them is a prerequisite dealt with very clearly at the TV series website. A possible complaint about the website is much more a request, the need for translation of the Dutch version into English and Papiamento. The book by Carla Boos offers a very readable and lavishly illustrated introduction to the history of slavery in general, the slave trade in Africa, the Dutch Atlantic slave trade, slavery in Suriname and its living memory. The choice of documents written by all kind of people to tell stories from inside is excellent. The only things missing are a good overview of the images, and registers for subjects and names.

On a website for Dutch history on television and radio you can find several earlier items in a dossier on slavery, for example on the slave trade between Vlissingen (Flushing) in Zeeland, the Dutch fortress Elmina in Ghana, and Tobago in the Caribbean. Some digitized books about the history of Suriname can be found in the project Early Dutch Books Online (EDBO) which focuses on the period 1780-1800. In its digital collection Suriname 1599-1975 the library of the University of Amsterdam has digitized several old maps of Suriname and a small number of books, including the Dutch translation of Johan Gabriel Stedman’s book about his travels. You can also view an abridged version of this translation on a separate website – using Shockwave – but you can use more easily the complete version at EDBO. In the Digital Library for Dutch Literature you can find not only novels concerning Suriname and books in Dutch by authors from Suriname, but also the text of several editions of the Surinaamsche Almanak from 1820 onwards. This yearbook contains for example lists of plantations, their locations, owners and administrators. Documentation about the sea voyages made by slaves and their traders can be found in particular in the online database concerning the Trans-Atlantic slave trade of Emory University.

Slave traders and slaves

Slave traders and slaves – image from http://www.ninsee.nl

The activities for this year’s commemoration of the abolition of slavery can be followed most easily using the website of the NinSee in Amsterdam, the Dutch central institute for the study of the Dutch slavery past and heritage. The NinSee publishes studies and source editions in its own publication series. However, in my opinion it is a failure this website offers its information only in Dutch. If I have learned just one thing from the 2011 tv series it is exactly you cannot isolate the history of slavery from general history. The selection of scholarly literature about Dutch and Atlantic slavery on the website does redress this imbalance a bit. The NinSee institute is housed almost next door to the municipal archive of AmsterdamDigitized old maps of Suriname are abundantly present on the website of the Dutch Royal Tropical Institute. At the Memory of the Netherlands portal for digitized collections concerning the Dutch cultural heritage you will find many thousand digitized objects related to Suriname from a number of Dutch collections. Among them are apart from the Royal Tropical Institute the Tropical Museum in Amsterdam – its main website can be viewed in seven languages, and the collection can be searched at a separate subdomain – and the Royal Netherlands Institute of South East Asian and Caribbean Studies in Leiden, with its own digital image library. Six Dutch ethnological museums work together for a portal website where you can search their collections, but you can still search online separately in the collections of the Museum voor Volkenkunde in Leiden or its library catalogue. Perhaps it is wise to mention here also the project Caribisch Erfgoed [Caribbean Heritage] for the digitization of photographs taken between 1886 and 1970 by the Brothers of Tilburg, a Catholic educational congregation long active in Suriname.

At the start of a commemoration year leading up to the first of July, the very day on which in 1863 the abolition of slavery in Suriname was formally proclaimed, it becomes increasingly clear for me how important it is to view this history from many perspectives. While reading about Suriname I had also on my desk Eric Foner’s The Fiery Trial. Abraham Lincoln and American Slavery (2011). Last year I wrote a post about the Athenian democracy, and I am sure I will learn more about it when taking the role of slavery in ancient Greece into account. Learning about slavery also sheds light on the practice of commemorations in contemporary society. One of the commemorations I will surely write about here in 2013 is the bicentenary of the Kingdom of the Netherlands.

A postscript

At the website of the Stichting Oud-Vaderlands Recht, the Foundation for the History of Old Dutch Law, Dutch readers can find an overview of exhibitions, symposia, recent publications and websites concerning Suriname and slavery. One of the most salient new digital projects is an interactive map of the houses of slaveholders in Amsterdam in 1863 created by Dienke Hondius and her history students at the Vrije Universiteit Amsterdam.

Protecting manuscripts in Mali to save cultural heritage and history

This month armed groups have been fighting in Mali. In a number of towns in this West-African country manuscripts are kept, sometimes in regular libraries, sometimes in the homes of families who try to preserve valuable sources for the history of their country. Timbuktu is the almost legendary town, the capital of a region with the same name. As for its name, the French spelling Toumbouctou can be found, too. Recently Tuaregs have tried to conquer Timbuktu in order to add it to a new Touareg state. The importance of the manuscripts present in Timbuktu and other cities in Mali has long been recognised. This week an appeal has been launched for the protection of these irreplaceable sources for the history of Mali, and more generally for West-Africa. The West African Research Association of the African Studies Center at Boston University is most active in promoting this urgent appeal. The IFLA, too, backs the appeal. Before more ruthless acts of violence take place with possible damage to people, their homes and belongings action is needed.

In this post I will look at research projects and digitized manuscripts from Mali. These projects might well preserve at least a part of the manuscripts and records that have survived sometimes for centuries, but are now closer to destruction than ever before.

The manuscripts of Timbuktu

The UNESCO has recognized the importance of the manuscripts in Timbuktu. Timbuktu itself was added in 1988 to the World Heritage List. Timbuktu has been home to a university since the fourteenth century. The manuscripts have been added to the Memory of the World register. With some disbelief I found only ten images in the UNESCO’s photobank for this project. Despite all efforts to study manuscripts in and from Mali the results to translate, edit and preserve them are still relatively meagre. The website of the Timbuktu Educational Foundation in Alameda, Ca., is one of the sites providing basic information on Mali and Timbuktu.

Today it was perhaps in illustration of this situation that even information on one of the largest relevant projects at the University of Oslo seemed at first to have disappeared. Between 2000 and 2007 Norwegian scholars have worked in a project for the preservation and promotion of the African literary heritage which led to an article and a provisional list of the manuscripts in the Ka’ati Library. More publications have resulted from the Toumbouctou Manuscripts Project sponsored by the Ford Foundation and the University of Cape Town. You can download three publications from the website, including a guide to the script used in these manuscripts. After registration you get full access to the database with transcriptions of manuscripts.

The African and Middle Eastern Division of the Library of Congress has digitized 32 Islamic manuscripts from the Mamma Haidara Commemorative Library and the Library of Cheick Zayni Baye of Boujbeha, both in Timbuktu. The manuscripts dating from the sixteenth to the nineteenth century are accompanied by presentations about Timbuktu and the history of Mali. The manuscripts can be searched in various way. Among the subjects are jurisprudence and Islamic law. The Library of Congress has also created an online exhibition on the ancient manuscripts of Timbuktu which covers much the same ground. In view of the current situation in Mali it is helpful to use the guide to web resources on Mali at the website of the Library of Congress.

The World Digital Library has within its collections 32 manuscripts from Timbuktu, all from the Mamma Haidara Commemorative Library, the very selection discussed here above. The Center for Research Libraries has created a digital library on the theme Slavery and Manumission Manuscripts of Timbuktu with 209 documents from the nineteenth century, again from the Mamma Haidara Commemorative Library, Timbuktu.

At Northwestern University, Evanston, Illinois, the Melville J. Herskovits Collection with Arabic manuscripts from West Africa contains a number of manuscripts from Mali. The catalogue to this collection can be searched online. Northwestern University has a digital collection Maps of Africa with some 100 maps. Stanford University provides a fine list of web resources on Mali, but apart from the projects already mentioned no other project for Mali’s manuscripts is included. Even the Internet Library for Sub Saharan Africa, a meta-catalogue and portal maintained by a number of German institutions, does bring only few projects relevant for Mali not yet mentioned here, but for anything else this portal can help finding answers or paths to answers on many subjects. The first project is based at Timbuktu, the Sauvegarde et Valorisation pour la Défense de la Culture Islamique. It has in particular helped renovating three libraries, and in creating a digital collection of manuscripts at Timbuktu, to be found at the Aluka portal with some three hundred manuscripts. Being accessible only to paying licensed users is a major drawback to view these digitized manuscripts at Aluka. The second project is La Bibliothèque des Manuscrits Anciens de Niger at the University of Niamey in Niger. This library holds manuscripts with texts from several countries in West Africa. Plans for digitization are announced in the library calendar.

Initially I did not find the actual location of the West African Arabic Manuscript Project, but in the end the URL itself is clear enough. In the project the Al-Furqan Foundation, the Centre Ahmad Baba in Timbuktu and Northwestern University combine their forces. This bilingual website (English and Arabic) offers a database with descriptions of some 23,000 manuscripts in several West African countries, including Mali. The introduction to the Timbuktu records explains that now some 9,000 manuscript descriptions from Timbuktu have been entered into the database. Between 1990 and 1998 five volumes of the catalogue of manuscripts in Timbuktu have appeared which have been used for the database. These manuscripts constitute a third of all manuscripts presently entered. This fact shows the importance of Timbuktu very well. A first simple search in the database – approachable in English, French and Arabic – for law as a subject yields already more than 900 results. Much more manuscripts have still not been recorded. The “digital library” of the Al-Furqan Foundation is in fact a manuscript catalogue. At present it contains some 7,000 manuscripts from Mali.

The National Library of Mali in Bamako is mentioned as one of the partners of the Réseau francophone numérique, a consortium of a number of national libraries in France and francophone countries around the world, but alas no item from Mali is included in this digital library.

A double challenge

When writing this post it became soon clear I face here two challenges, dealing with Africa and with Islamic law from the position of someone trained in European history and law. At my website and here I try to present subjects and themes from all over the world. Until now Asia, Africa and Latin America have been almost absent here. This post will certainly not redeem these gaps. In fact you might agree that slavery is another subject painfully avoided here, as is colonial history. In my latest post I did mention slavery in medieval Italy, not exactly the time and place where I had most expected to detect traces of slavery. It is only sensible not to put several major themes or subjects into one post, but I promise my readers that I will every now and then try to put an Eurocentric and anglophone approach aside.

Having made thus a solemn promise to present here a wider variety I will not hesitate to return briefly to this post’s subject. I would like to point you to a very useful list of digitized Islamic manuscripts at Archivalia, and to the website of the Islamic Manuscript Association. For this post I could use my notes for pages with relevant links on African law and Islamic law that I will eventually add to my legal history website. Writing about subjects stemming from every era, country and civilization need preparation if you want to create a result worth reading.

For your convenience I give an overview of digitized manuscripts:

Islamic manuscripts from Mali, Library of Congress – also at the World Digital Library
Timbuktu Manuscripts, Aluka-World Heritage Sites/JSTOR
– Slavery and Manumission Manuscripts of Timbuktu, Center for Research Libraries

A postscript

Both for the background of Mali’s history, the importance of the Timbuktu manuscripts and the actual situation an article for The Root, ‘Fabled Timbuktu in Peril from Malian Coup’, by Michael Gomez of New York University will tell you much more than I was able to do here. The Africa department of Radio Netherlands Worldwide brings more details on the capture and current situation of Timbuktu and civil war in Mali.

A second postscript

There is a second town in Mali home to many manuscripts, Djenné. I briefly mentioned a number of projects for safeguarding endangered archives in Djenné in a post in September 2014 about the Endangered Archives Project of the British Library. Following a pilot project (EAP 269) the projects EAP 488 and EAP 490 focus on manuscripts kept privately by families at Djenné, a treasure trove as important as Timbuctu. Some 4,000 manuscripts are now known against two thousand at the start of these projects. The website of the Djenné Manuscript Library gives a list of manuscripts. For the Dogon country the pilot project EAP 764 will deal with archival collections in Bandiagara. Among the new fundraising projects for Timbuctu is T160K.

In 2013 the Hill Museum and Manuscript Library in Collegeville, Minnesota, too, is involved in digitizing amnuscripts from Timbuktu. For this goal the library received in 2014 a grant from the Dutch Prince Claus Fund. From January 28 to 30, 2015, a conference was held at Bamako, Mali to discuss plans for the future conservation and digitization of manusrcipts in Mali. You can now consult nearly 2,000 digitized manuscripts from Timbuctu at the vHMML (use the advanced search mode). You need to register for free to get full access to these manuscripts. The old online catalog of the vHMML contains nearly 3,000 summary descriptions of manuscripts at Timbuctu.

In 2015 Maja Kominko edited a volume of articles commemorating the efforts within the EAP, From Dust to Digital: Ten Years of the Endangered Archives Programme (2015), also available online. The digital version of this book has even embedded audiofiles. In this volume is an essay by Sophie Sarin, ‘In the shadow of Timbuktu: The manuscripts of Djenné’ (pp. 173-187), which you can download separately (PDF).

In 2014 Brown University, Providence, RI, digitized the only manuscript from Timbuktu in their holdings with magical and mystical treatises.