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Edinburgh Legal History Blog | |
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Authors: John Cairns and Paul du Plessis
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| This Blogger was fortunate to attend this workshop last weekend. My own research is about eighteenth century Scottish lawyers' libraries and I was keen to find out more about one of the types of legal literature found in them. Read more... | | This Blog did not include an obituary for Tony Weir. He was not keen that there should be one published, nor that there be a Gedenkschrift in his memory; but both in fact have now happened. Our colleague Hector MacQueen produced an excellent obituary in our sibling Blog, Scots Law News: http://www.law.ed.ac.uk/sln/blogentry.aspx?blogentryref=8825 Now the Tulane Law Review has published a “Symposium” in his honour. In American Law Reviews symposiums are basically themed issues focused on an issue of debate; but Tony, a convivial type, would have appreciated its root meaning of a drinking party with conversation! But though Tony disapproved of Festschriften, he might well have forgiven the idea of a Gedenkschrift or posthumous liber amicorum, even if in a student-edited law review, another pet disapproval. Given your Blogger was one of the contributors, I shall not review the volume: its contents may be found listed and abstracted at http://www.tulanelawreview.org/category/87-4/ Given Tony’s interests, the essays range over Roman law, legal history, comparative law, and torts or delict, as well as touching on various Weir themes, such as friendship – no doubt an important part of a true symposium! There is also a good introduction by Shael Herman, who, along with the student editors, is to be congratulated. Given Tony’s liking for Tulane, I am sure his shade, if it still waits for the ferryman, would not mind.
One nice memorial to this remarkable man was the private publication (produced by Hart publishing) of a collection of his case notes: a genre of legal commentary in which he excelled: Tony Weir on the Case, ed. by Barnard, Cornish, Hopkins and McBride (Oxford, 2012). Read more... | | Your Blogger has long been interested in Archibald Campbell, third Duke of Argyll, and indeed in his writings has touched more than once on Argyll's influence on appointments to law chairs in Scotland. Roger Emerson, Professor Emeritus at the University of Western Ontario, and a pre-eminent intellectual historian of eighteenth-century Scotland, has just published a splendid new biography of the Duke: An Enlightened Duke: The Life of Archibald Campbell (1682-1761), Earl of Ilay, 3rd Duke of Argyll. Kilkerran: humming earth, 2013. ISBN 978 1 84622 039 5 (PBK); ISBN 978 1 84622 040 1 (HBK). That there has been no earlier book-length assessment of the man would in itself mean that this was an important publication; but Emerson has produced a thoroughly researched and well-written book. The work makes a convincing case for the Duke as having a central role in promoting the Scottish Enlightenment, and, indeed, as a major Scottish figure of the eighteenth century. The Duke was an able and wily politician; but he was also a significant scientist, intellectual, book collector, improving landlord, with patriotic aims of improvement of his native land. He was so much more than just a politician aligned with Walpole.
Given Emerson's interests, Argyll's role in intellectual life is a major theme. Given that this is a legal history blog, it is important to note that there is an excellent chapter on Argyll and Scots law (the Duke had studied Roman law in Utrecht); Argyll liked to exercise his right to sit on the bench of the Court of Session in Edinburgh, and was also Lord Justice General. Indeed Allan Ramsay produced a splendid portrait of him wearing his judicial robes. Throughout the book there is much to interest legal historians. Read more... | | To most British historians the above heading will seem to allude to the famous trading firm Jardine Matheson (often known as Jardines) and the opium trade in Imperial China, with a puzzling reference to medieval law and an iconic 80s TV programme; but this would be wrong. Joelis Jardines is a Miami man prosecuted for possessing marijuana, whom the US Supreme Court has recently decided had been the subject of an illegal 4th Amendment search. This happened when a policeman, without probable cause, but acting on an anonymous tip-off, went to his house with a drug-detection dog that acted in a way that identified marijuana as likely being in the house. A warrant was then gained, and the marijuana found. Though the name "Jardines" must have the same late (vulgar) Latin root as the Scottish name originating in Annandale, "Jardine", one suspects that Mr Jardines was of Latin-American rather than Scottish extraction. Read more... | | This blog has often referred to and cited the Yale Law Library Rare Books Blog. On 5 April, 2013, the Yale blog celebrated its 5th birthday. On a blog entry of that date, Mike Widener mentioned what had been the most popular Blog Entry: "Holy Diploma! Is Batman a Yale Law School Alumnus?" See Read more... | | Readers of the blog might be interested in a workshop on the practicks being held at the University of Aberdeen on 3rd-4th May 2013, under the auspices of the University of Aberdeen's Civil Law Centre and Research Institute of Irish and Scottish Studies. Speakers will include Prof. John Cairns, Prof. Julian Goodare, Prof. John Finlay, Prof. Gero Dolezalek, Dr Sara Brooks, Dr John Ford, Dr Andrew Simpson, and Dr Adelyn Wilson. All those with an interest in Scottish legal history are warmly invited to attend. For more information or to register for the conference, please email Adelyn Wilson (adelyn.wilson@abdn.ac.uk). There is no charge for attendance and a contribution towards accomodation costs might be available. Read more... | | 2013 is the bicentenary of the Louisana Supreme Court, established under the State's constitution of 1812 after Louisiana's admission as a state of the Union. It is worth noting that 2013 has seen the investiture of the 25th Chief Justice, with the notable milestone of the new Chief Justice, the Hon. Bernette Joshua Johnson, being the first African-American Chief Justice in Louisiana. Chief Justice Johnson has been a judge since 1984; she has been a member of the Supreme Court since 1994. Read more... | | This Blog is saddened to have to report the death of Robert Feenstra, a truly great legal historian. It is just over two years ago that your Blogger attended his 90th Birthday Symposium, a symposium at which the honorand spoke himself, both cogently and well. Read more... | | Arniston House and its LibrariesKaren Baston 12 February 2013 12:13 Arniston House is the home of the Dundases of Arniston. This family produced some of the most important lawyers of the eighteenth century including judges, two Lord Presidents of the Court of Session and a Chief Baron of the Exchequer. Arniston House has had an interesting architectural history as it evolved from a medieval defensive tower house to an elegant Palladian mansion with Victorian additions. Read more... | | Dumfries House gained considerable publicity when it was recently saved from two sales: first of the house and land, and secondly and separately of the magnificent furniture. The intervention of H.R.H. the Prince of Wales preserved this magnificent example of Palladian architecture - an early commission of Robert Adam - along with the furniture that its builder, William Crichton Dalrymple, the fifth Earl of Dumfries, bought for it from Thomas Chippendale and various skilled Edinburgh cabinet makers, including Francis Brodie, father of the notorious Deacon. Though sensitively extended around 1900 by the 3rd Marquess of Bute, the house is really a Georgian time-capsule of the 1750s and 1760s, and of great interest, particularly to your blogger as a specialist in eighteenth-century Scotland.
As well as obviously an interesting archival collection of interest to scholars relating to the building of the house and the ordering of the contents, from which it looks as if one might build a study of the legal framework of country-house development in Scotland, the house has a link with the great legal family of Dalrymple of Stair. Through both parents, the fifth Earl of Dumfries was a great grandson of James Dalrymple, Viscount Stair, writer of the Institutions of the Law of Scotland. Because of some complex issues relating to the descent of the Earldom of Stair, he also became briefly fourth Earl of Stair. The titles separated on his death, the Earldom of Stair going to his cousin John Dalrymple, while that of Dumfries went to a nephew, Patrick Macdouall Crichton. His second wife - and widow - Ann Duff, also had a Dalrymple descent through her mother, a daughter of Sir Robert Dalrymple of North Berwick. She later married the advocate Alexander Gordon, who became a Senator of the College of Justice as Lord Rockville.
Over the mantle in the beautiful blue drawing room in Dumfries house hangs a portrait of Philip Yorke, Lord Hardwicke (1690-1764), wearing the robes of the Lord Chancellor, an office he held from 1737 through various Whig administrations. The fifth Earl commissioned it from Thomas Hudson of London, who also painted Countess Ann. Hudson had painted other portraits of Hardwicke. The excellent guidebook to Dumfries House says this portrait was acquired because of Hardwicke's Whig views and anti-Jacobite stance with which Lord Dumfries will have identified. This is perfectly plausible; but one doubts that Dumfries will have felt the need to flaunt or demonstrate his Whig views, having served as a Hanoverian officer. Hardwicke had, however, exercised considerable influence over patronage, even in Scotland. He is also supposed to have learned Roman law to help him with Scottish cases in the House of Lords (ODNB). Read more... | | One of the research themes and interest of the Centre for Legal History in Edinburgh has long been Roman Law and Society as a search back through this blog or the Website of the Centre (http://www.law.ed.ac.uk/centreforlegalhistory/) would easily confirm. This blogger's colleague, Dr Paul du Plessis, is shortly to publish an edited book with the above title above with Edinburgh Univeristy Press, building on earlier work. Your blogger has the privilege of receiving an advance copy, and it is a handsome work, full of interest to ancient historians and Roman lawyers alike. Read more... | | Tamm, The History of Danish LawJohn W. Cairns 10 January 2013 18:15 As an undergraduate, the only work of any Danish legal scholar with which I was familiar was that of Alf Ross, classed as a "Scandinavian Realist". Ross, of course, features in a very interesting essay in Ditlev Tamm, The History of Danish Law: Selected Essays and Bibliography (Copenhagen, 2011). As well as discussing his scholarly achievements, the essay places him a political and academic context and explores some of his academic disputes and the revenge he took years later on one whom he considered had unfairly blocked his doctorate.
To a Scottish legal historian, the set of essays is fascinating. It ranges from medieval law collections - the old Nordic law books - through to issues arising out of collaboration during Hitler's War. One can see parallels with Scottish legal history, but yet again some very significant differences. Scotland had more of a reception of Roman law in the later middle ages, and developed a legal profession earlier than Denmark; unlike Denmark, despite the best efforts, or at least aspirations, of the Stuarts in the seventeenth century, Scotland did not have an absolute monarchy. Denmark was much more influenced by German legal science in the nineteenth century. One could list other matters. But among the parallels one can note, first, the significant continuity of legal history that marks both Denmark and Scotland, a continuity perhaps threatened now in both countries by the legal expansionism of the E.U., second, that both countries have an ancient monarchy, and so on.
Denmark is now a small country with a small population, but it was once an imperial power, controlling Norway, owning German Duchies, Iceland, the Faroe Islands and Greenland, and possessing West Indian colonies. Here it was interesting to this blogger to note a slavery freedom case from 1802. Like all European powers with slave-colonies, Denmark faced the issue of the status of colonial slaves in the "home" country. The Danish Court decided in favour of the slave-owners. Coming to Denmark did not free a slave. The case is fascinating with some subtle discussion. It is notable that Blackstone was cited!
Professor Tamm finishes with some thoughts on comparative law. These are important. He raises rightly the insufficiency of the old "legal families" approach. He proposes a global approach. I shall not discuss this, but his points are well taken. Certainly this blogger has always been puzzled by the disciplinary claims of comparative law and how they should be pursued. Read more... | | Over the Christmas vacation, your blogger was reminded that attending the class of Civil (Roman) Law in the University of Edinburgh in 1880 cost five guineas (putting aside all the other fees paid to the University). This illustrates the ignorance lying behind the First Minister's recent claim in his New Year broadcast of “Scotland’s centuries-old tradition of free education” in the universities. Mr Salmond made this inaccurate historical assertion from the splendid new library-building of the University of Aberdeen, pointing up a supposed contrast with the charging of fees by the English universities. It is a claim that is current in Nationalist circles: http://www.snp.org/vision/smarter-scotland/supporting-our-students
That University education should be “free” is arguably a laudable ambition, though as a policy it raises interesting questions about how to pay for such expensive institutions as the British universities. But the point of interest here is that, quite simply, there is no “centuries-old tradition” of free university education in Scotland. This is an undisputable matter of fact. One can trace the new myth back through various internet sources to at least 2011, and no doubt further. But it seems to be ever more established as a “truth”, when it is quite mistaken. It is a new, developing, popular historical fiction, completely wrong, used to add historical legitimacy to a current policy.
History, of course, is written in a variety of ways from a variety of perspectives. Indeed, one of its strengths as a discipline is the extent to which individuals disagree and stimulate each other to further research. It is also as a discipline much more the object of popular opinion and debate than, say, theoretical physics. Unless one has the requisite training, it is difficult to say anything about quarks or the Higgs boson other than to repeat what one reads in the newspapers, in so far as one understands the discussion. But there are few individuals who do not have opinions about history, particularly about their national histories.
Trained historians rely on primary evidence to support their conclusions and are generally sceptical about unsupported statements. In academic works, footnotes are there to vouch for what is said, to support conclusions by reference to primary sources. Popular opinion about history does not have to exercise such rigour; anything goes, no matter how ill-informed or ignorant. Popular historical debate is not always characterised by accuracy of reliance on primary source material, but may often be the product of political prejudice or half-remembered garbled information from primary or secondary school. This seems to be the case with this new myth that there is a “centuries-old tradition” of free university education in Scotland. It is very easy to show the claim is without any foundation.
First, one should look at the background. In recent years, Scots university students have not had to pay fees direct to the University, but have had the fees paid for them by the SED, SOED, and now Scottish Government; just as the English local authorities paid the fees of students from their districts. The matter is too complicated to enter into in any detail; but the English universities now charge a fee payable directly by the student, rather than being funded for the fees by local authorities through general taxation. Likewise, the Scots universities, for the same reason, charge fees to students from England, Wales and Northern Ireland. It may be worth adding that undergraduates from outwith the European Union pay “full” fees in Scotland, just as a Scottish student taking a second “first” degree is charged the appropriate fee for tuition for the degree. The Scottish universities of today are fee-charging institutions.
Second, and this is the important historical point, Scots universities have traditionally charged fees. Not only were there fees for matriculating and so on, but individual professors – like the Professor of Civil Law in 1880 – charged fees for their classes. A very few classes were sometimes free; most were not. A moment’s reflection should make any educated person realise this was the case. In the Wealth of Nations, Adam Smith famously denigrated Oxford as a teaching institution. Why? The teachers did not earn a significant part of their income from student fees. This meant, according to Smith, they were not responsive to the needs of the students. The contrast he was drawing, if not explicitly, was with Scottish professors, who, as well as earning a salary, charged fees directly. But even if Adam Smith has not been read, consultation of a standard work, such as R. D. Anderson’s Education and Opportunity in Victorian Scotland (1983), will show that fees were charged. There is no tradition of free university education to be restored in the way claimed by the First Minister.
The fees charged by the Scottish universities were far from nominal, as can be gathered from the universities’ calendars. The following examples come from Edinburgh. In the 1850s, fees varied from three to four guineas for each course in arts; they were four guineas for each course in law and medicine. Divinity was cheaper at two guineas for each course. The charge for graduation in medicine was £25, in divinity, £10, while it was only £3 to graduate in arts (there was no general graduation in law in this period). Annual matriculation was £1. In the 1880s, it cost a total of 26 guineas to take all six courses necessary for graduation with the degree of LL.B. The law student would also have had to pay three annual fees of £1 to matriculate, and one of 3 guineas to be examined. In addition he (and it would have been he) would already have had to pay the cost of matriculation and all the course fees and examination fees to take the degree of M.A., which was a prerequisite for the degree of the LL.B. To make comparisons with contemporary wages is instructive. In this period, a school-board teacher in London earned £75 per annum; a house maid earned £10 to 25 per annum; an apprentice in a workshop earned 8-10 shillings per week; a bank clerk earned £20-£50 per annum; a suburban bank manager earned £75-90 per annum. (Source: http://www.victorianlondon.org/finance/money.htm.)
There is no need to elaborate the point further. The myth has recently been created that university education was free in Scotland in the past. This myth has no foundation in any historical reality. University education was relatively expensive and open to relatively few. It would be interesting to track down the source and development of this new historical myth. One suspects it has been created out of vague memories of the Scots Kirk’s desire for a literate faithful who could read the Bible, and its attempts to provide for elementary parochial schools, combined with an awareness of the title of George Davie’s Democratic Intellect, a controversial work, not easily understood, that dealt with the universities in Scotland. History may be a discipline open to differing interpretations; this does not mean that all statements about history are equally valid. Some are plainly wrong.
Like most historical myths this is one that should not be repeated, and it is therefore particularly unfortunate that the website of the Scottish Government (http://home.scotland.gov.uk/home), which carries some authority as a source, should currently link through to the First Minister repeating these errors about Scottish history. Free university education, in the sense of students not directly paying tuition fees, may be a perfectly respectable political ambition; but to pursue it is most certainly not to restore “Scotland’s centuries-old tradition of free education”. Read more... | | The Univeristy of Aberdeen, founded in 1495 by William Elphinstone, a canon lawyer trained in France who acted as a judge on the King's Council, has a fine reputation in legal history and Roman law, with David Daube, Peter Stein, and Geoffrey MacCormack having held the chairs of Jurisprudence. Currently, Robin Evans Jones holds the chair of Jurisprudence and John Ford has just been appointed to the chair of Civil Law previously held by Gero Dolezalek. There are excellent younger people there too. As well as having the archives of David Daube, the University also holds the de Zuleta Roman law collection. So it is a fine place to work and pursue research, with its new library building and the beautiful setting of King's College in Old Aberdeen. Read more... | | This Blog has a number of times mentioned Judah P. Benjamin, the great Lousiana lawyer who later became an English barrister. His training and experience made him familiar with Spanish law, which was why he was involved with John A. Rockwell in the famous New Almaden, California, quicksilver mine case in the Federal Courts of the USA. Rockwell himself is a fascinating figure who established a cross-border litigation practice specializing in claims involving Mexico. It is therefore good to see that the Law Library of Louisiana is sponsoring a lecture entitled "John A. Rockwell and the Origins of U.S.-Mexico litigation" on 7 January 2013. The notice is appended below. Read more... | | In 1712, Antoine Crozat obtained a charter from the French Crown that granted him various privileges, mainly over commerce, in Louisiana for fifteen years. He had to send two ships each year to the colony with passengers and carrying material for the Crown. He also had each year to send a ship to Africa to buy slaves to sell to the colonists. The charter also provided that the Custom of Paris should apply in Louisiana. A little later another Crown document created the Superior Council. This was the start of the organized legal system in Louisiana. Read more... | | Slavery, Lousiana, and CodificationJohn W. Cairns 19 November 2012 13:02 This blog has an obvious interest in both slavery and law and the law of Louisiana. Both of these topics come together with the publication of Through the Codes Darkly: Slave Law and Civil Law in Louisiana, Lawbook Exchange, Clark NJ, 2012, by Vernon Valentine Palmer of the Tulane Law School. This pulls together Palmer's research into slavery and Louisiana, though it is perhaps broader in implication and significance than that description and the title might suggest. It is an important work, reflecting on, for example, the customs that evolved around the practice of holding slaves, customs that made slavery more palatable for the enslaved, an important issue given the threat of slave insurrection - and in 1811 Louisiana had the largest ever slave insurrection in the U.S.A. (the subject of a recent popular history by Daniel Rasmussen - slaves of James Brown, one of redactors of the Code of 1808, were ringleaders).
Slavery is, of course, still with us in a variety of forms. Recent wars, the break-up of the old Soviet Empire, and other events have created the instability and social dislocation that makes individuals - particularly women and children - vulnerable to enslavement. This has made its proper definition a significant issue. Here one may note publication of the recent book edited by Jean Allain, The Legal Understanding of Slavery (Oxford, University Press, 2012). Through a historical and contemporary discussion (to which your blogger contributed a chapter) this seeks to assist in interpreting the provisions on slavery in international law. It contains a set of guidelines on how slavery should be understood and the relevant provisions interpreted.
It was the brutality of the Louisiana slave regime that led to the revolt of 1811; it is the brutality of modern slavery that means a work such as that edited by Allain is needed.
  Read more... | | Heineccius and Joseph StoryJohn W. Cairns 12 November 2012 16:19 J. G. Heineccius (1681-1741) was one of the most influential scholars of eighteenth century. He produced textbooks that were very popular for teaching the central dicipline of Roman law, as well as an influential text on natural law translated by the Scotsman George Turnbull. For many years a professor in the Netherlands, before moving back to his native Germany, he worked in the humanistic, elegant tradition. He was rather more than the "the best writer of elementary books with whom I am acquainted on any subject" described by Sir James Mackintosh. His textbook on Justinian's Institutes was published twice in Edinburgh for Scottish students. Read more... | | That something is new is no reason to reject it; that something is old is no reason to reject it. Read more... | | Bartolus de SaxoferratoPaul du Plessis 17 October 2012 09:04 This blogger was interested to see the following call for papers. The theme of this year's conference is 'Bartolus de Saxoferrato and the legal as well as political thought of the Renaissance': Read more... | | Anton Schultingh (1659-1734)John W. Cairns 01 October 2012 16:32 Anton Schulting or Schultingh (1659-1734), after teaching privately at Leiden, where he took his doctorate, held chairs at Harderwijk, Franeker, and Leiden. He is generally best known as a member of the Dutch elegant school of Roman Law (eg van den Bergh, Holländsiche Elegante Schule (2002) 206-208). Read more... | | This Blog is delighted to note the inauguration of the Centre for Mediaeval and Early Modern Law and Literature at the University of St Andrews on Wednesday 3 October, 2012. Marking the event, David Ibbetson, Regius Professor of Civil Law at the University of Cambridge, will give a lecture entitled 'Early Modern Lawyers and Literary Texts', from 2.15-3.15pm. This will be followed by tea, a panel discussion and a drinks reception. Read more... | | "Letters from Inveraray"John W. Cairns 28 September 2012 14:05 The AGM and Annual Adress of the Stair Society will take place this year in the Mackenzie Building of the Faculty of Advocates on 17 November 2012. After the AGM, the Annual Address, which is open to the public, will be given by Professor Norma Dawson of the Queen’s University, Belfast, current President of the Irish Legal History Society. Her subject will be "Letters from Inveraray: the correspondence between the 8th Duke of Argyll and the 1st Marquess of Dufferin and Ava (with particular reference to the Irish Land Question)". Read more... | | Professor Emeritus William GordonJohn W. Cairns 28 September 2012 13:53 As many readers of this Blog will know, Bill Gordon, Douglas Professor of Civil Law Emeritus at the University of Glasgow, died peacefully at home on 1 Septmber 2012. Rather fittingly, after the Conference in Glasgow in commemoration of its disntiguished Alumnus, Lord Rodger, it was possible for those attending to go to the Thanksgiving Service for Bill at Jordanhill Parish Church, Glasgow on 8 Septmeber. Read more... | | The deadline for applications to participate in the 2012/13 CEDANT course on Roman law, organised by the Centre for the Study of Ancient Laws, CEDANT in Pavia is Friday 19 October 2012. Read more... | | GW Law is pleased to invite applications for the Richard & Diane Cummins Legal History Research Grant for 2013. Read more... | | Call for Papers Read more... | | John Inglis, Lord Glencorse, presents a traditionally heroic figure as an energetic Victorian judge. This may be partly based on the splendid portrait of him by Sir George Reid, where he sits dressed as Lord Justice General, the magnificent robes negligently open, the face commanding. Inglis's story is well covered in the ODNB, so there is no need to rehearse it here. It may be pointed out he was counsel for Madeleine Smith, and more significantly, as Lord Advocate, ensured the passing of the Universities (Scotland) Act of 1858. This reformed the Scottish universities, created the first version of the modern degree of LL.B., and introduced a structure with which we still in theory live. He became Chancellor of the University of Edinburgh, though a Glasgow and Oxford graduate. Read more... | | 3>School Of Law: Lectureship/Senior Lectureship in Legal History Applications are invited for a Lectureship/Senior Lectureship in Legal History from candidates with an interest in European Legal History, broadly conceived, preferably with a research and teaching interest in the law and legal culture of the Renaissance/Early Modern period. Read more... | | Study and understanding of the history Scottish central court continues apace. In 2009, this blog noted the publication of Mark Godfrey's magisterial work on the College of Justice in the Renaissance period Civil Justice in Renaissance Scotland: The Origins of a Central Court (although such a description does not really do justice to the richness and complexity of the of the work). Godfrey's colleague at Glasgow, John Finlay, has just published a work on the College in the eighteenth century, entitled The Community of the College of Justice: Edinburgh and the Court of Session, 1687-1808, Edinburgh University Press, ISBN 978-0748645770, £75. This is an important study of an institution at the time of the Enlightenment. It deserves to be widely read. Read more...Comments (0) | | The 32nd Annual Conference and AGM of the Scottish Legal History Group will be held in the Reading Room of the Advocates’ Library, Parliament House, Edinburgh, on Saturday 6th October 2012. All welcome. Read more... | | At the beginning of this year, this Blog had the sad task of reporting the death of George Dargo. Professor Dargo was one of the kindest men with a wry sense of humour whom this blogger has ever met, though, he never knew him well. For a man of his ability and distinction as a scholar, he was remarkably lacking in pomposity and self importance. Read more... | | Professor Angelo ForteJohn W. Cairns 18 July 2012 11:34
 Read more... | | The fascinating work of Dr Catharine MacMillan of Queen Mary, London, on Judah Bejamin has been mentioned more than once in this Blog. Benjamin had one of the most fascinating careers as a lawyer in Louisiana, member of the Confederate Government, and then lawyer in London. Dr MacMillan's path-breaking, painstaking scholarship is always delivered with gusto and flair, so her lecture at the Loyola University of New Orleans College of Law on 23 August will be well worth attending (in room 344, 12.30-2p.m.). Any queries shoudl be directed to Georgia Chadwick: gchadwick@lasc.org (504) 310 2402. Your blogger only wishes he was in New Orleans and could attend what will be an excellent event! The rather handsome poster is pasted in below. Read more... | | This blogger was interested to learn about an exciting conference on the above topic to be held in Rome on 20 - 22 September 2012. Read more... | | Legal Theory and Legal History: A Neglected Dialogue? Read more... | | The Irish Legal History Society is apporaching its 25th Anniversary. As part of its celebrations, it is promoting a conference on the Irish Legal Diaspora. Read more... | | In the nearly 100 years since the publication of Emilio Costa’s La locazione di cose nel diritto romano (1915), the first monograph of the twentieth-century on letting and hiring in Roman law, modern understanding of this contract has changed significantly. The reasons for this are mainly twofold. First, scholars of Roman law, while still largely engaged in purely dogmatic investigations of the origins and development of legal rules and of the contributions of individual Roman jurists to this process, are slowly becoming more aware of the contexts in which these rules operated and their relation to Roman society such as, for example, in the work of Bruce Frier (Landlords and Tenants in Imperial Rome (1980)) and Dennis Kehoe (Investment, Profit and Tenancy: the Jurists and the Roman Agrarian Economy (1998)), to name but a few. In second place, the publication in 1999 of Roberto Fiori’s La definizione della ‘locatio conductio’ (1999) comprehensively transformed modern understanding of the conceptual structure of this contract and finally laid to rest the much debated issue of the 'trichotomy'. The aim of this conference is to bring together scholars with an interest in locatio conductio in Roman law (whether in Roman private or public law) to explore new insights (dogmatic, social, economic) into the origin and growth of this contract. Read more... | | Slavery was abolished in the Dutch Colonies in 1863, making next year the 150th anniversary. Readers will be aware of this Blog's interest in slavery, so it is worth noting the following conference organised in Utrecht. It is also worth noting that next year is the tercentenary of the Treaty of Utrecht, one provision of which was the British acquisition of the Asiento, the contract to supply slaves to the Spanish colonies, a treaty which helped make Britain the great slave-trading nation of the eighteenth century: Read more... | | | | | | A round-table discussion on "L'insegnamento del diritto romano in Europa" [The teaching of Roman law in Europe] will take place in Lecce on 22 June 2012. Read more... | | Dafydd Jenkins (1911-2012)John W. Cairns 22 May 2012 18:20 This Blog is saddened to note the death of Dafydd Jenkins. A more formal obituary will be found here: http://anglosaxonnorseandceltic.blogspot.co.uk/2012/05/dafydd-jenkins-19112012-scholar-of.html. As well as the wonderful and very typical photograph, it rightly describes him as "Scholar of Medieval Welsh Law (inter plurima)". A remarkable man, with a beautiful voice, he had a notably kind face, reflecting a notably kind disposition, and a smile in his eyes, as the photograph shows. Not all great scholars are lovely men, but Dafydd Jenkins was. Read more... | | A text with which those of us who teach Roman law like to tease our students is Gaius, Institutes, 3.146. Gaius poses to his students what appears to be a hypothetical problem. If I provide gladiators to you on the understanding I get 20 for each who come unharmed and 1,000 for those who are killed and maimed, is this lease or sale? He says the received opinion is that it is lease of those who return and sale of those killed or maimed. Events determine the result: it is either a conditional sale or lease of each.
This text has generated much discussion, which I shall ignore. But your blogger’s colleague, Dr Paul du Plessis, has posited an elegant solution to this conundrum in his new book, Letting and Hiring in Roman Legal Thought, 27BCE-284CE (Leiden/Boston: Brill, 2012), at pp. 106-8. He points out that contracts for gladiators were for a show and that the Lanista (the owner, agent or venture capitalist) was not letting out the enslaved gladiators under a contract to let a res, but rather was contracting to provide gladiators to put on a show: it was a contract for the performance of a task, a contract for operae.
Crucial here, of course, is that one must recognise that in practice the Romans went in for recording their contracts in detail in writing, called leges, and Gaius’ discussion is expressly in the context of discussing the lex or written contract. Read more... | | Our colleagues at Stirling are working towards an online edition of the Scottish sedition and treason trials of the 1790s - inspired by John Barrell and Jon Mee's Pickering and Chatto set of English trials, 1792-4. These trials are of great interest, and often mentioned, particularly by historians of the left, but are deserving of much further study. This project therefore looks set to be of great importance. The preliminary day is planned as follows: Read more... | | This blogger was saddened to hear of the recent death of Professor John Adams at what is in the modern world a relatively young age. He was best known as an intellectual property lawyer, but, like most thoughtful private lawyers, he was also interested in legal history. In 1982 he published the extraordinary Bibliography of eighteenth century legal literature, a massive contribution of great value in those days before all the electronic resources that there are now readily accessible from one's computer. In 1992 came the Bibliography of nineteenth century legal literature. He was also a fun person. Our condolences go to his partner, David, who has suffered such a great loss. A much fuller appreciation will be given by our colleague Hector MacQueen on the website of the Intellectual Property Institute. Read more... | | In the nearly 100 years since the publication of Emilio Costa’s La locazione di cose nel diritto romano (1915), the first monograph of the twentieth-century on letting and hiring in Roman law, modern understanding of this contract has changed significantly. The reasons for this are mainly twofold. First, scholars of Roman law, while still largely engaged in purely dogmatic investigations of the origins and development of legal rules and of the contributions of individual Roman jurists to this process, are slowly becoming more aware of the contexts in which these rules operated and their relation to Roman society such as, for example, in the work of Bruce Frier (Landlords and Tenants in Imperial Rome (1980)) and Dennis Kehoe (Investment, Profit and Tenancy: The Jurists and the Roman Agrarian Economy (1998)), to name but a few. In second place, the publication in 1999 of Roberto Fiori’s La definizione della ‘locatio conductio’ (1999) comprehensively transformed modern understanding of the conceptual structure of this contract and finally laid to rest the much debated issue of the 'trichotomy'. The aim of this conference is to bring together scholars with an interest in locatio conductio in Roman law (whether in Roman private or public law) to explore new insights (dogmatic, social, economic) into the origin and growth of this contract. Read more... | | Gustavus Schmidt (1795-1877) was an important lawyer in New Orleans who had emigrated from Sweden, where his brother, Carl Christian, rose to become a judge. The two brothers corresponded until the death of Carl Christian in 1872. Schmidt published the Lousiana Law Review in 1841 and lectured in law in the mid 1840s. In 1851, he published the Civil Law of Spain and Mexico organised in the structure of a modern code, a work recently reprinted by William S. Hein. Schmidt was a noted book collector, and the sale catalogue of his significant library was recently printed in the Tarlton Law Library Legal History Series, as number 6, with valuable introductory and other material by Michael Hoeflich, Kjell Å Modéer, and Louis V. de la Vergne. Schmidt was buried in the St Louis Cemetary no. 2 in New Olreans, where his tomb has been recently restored. Read more... | | Law and Disputing in the Middle Ages Read more... | | Readers of this Blog will be well aware of its interest in the legal history of Louisiana, and within it in the fascinating figure of Judah Benjamin, who, as well as being a Louisiana lawyer became first Attorney General, then Secretary of War, and then Secretary of State of the Confederacy, before fleeing to England with the collapse of the Confederacy, where he was called to the bar and had a second career as a lawyer, becoming a QC and writing a still standard work on sales.
The Blog therefore urges all who can to attend the paper of Catharine MacMillan who will address the next meeting of the London Legal History Seminar, which will be held on Friday 23 March, at 6 pm at the Institute of Advanced Legal Studies in Russell Square will, on 'The Confederate's Last Battle: Judah Benjamin's legal defence of confederate assets in England'.
For those who do not know Ms MacMillan is a talented speaker and her novel work on Benjamin is of great importance. Alas, your blogger is unable to attend. Read more... | | Second Call for PapersPaul du Plessis 20 March 2012 09:30 CALL FOR PAPERS Read more... | | | | Louisiana became a State of the Union in 1812, so this year is the bicentenary not only of this event, but of the establishment of the Federal Courts in Louisiana. For a copy of the Constitution, see http://www.louisianadigitallibrary.org/u?/lapur,15852. Read more... | | Recent vacanciesPaul du Plessis 02 March 2012 08:58 Three recent vacancies in the field of legal history/Roman law have attracted the attention of this blogger: Read more... | | HumanismJohn W. Cairns 28 February 2012 15:33 Following the earlier succesful conferences organised by the Centre for Legal History and Edinburgh Roman Law Group on, first, Beyond Dogmatics, and, second, Casus to Regula, both of which have resulted in successful publications, we propose to hold another in Edinburgh next Calendar Year on the theme of Humanism and Law. The style will be the same as the earlier conferences, with invited speakers addressing the problem posed. Read more... | | The Blog is delighted to note that our colleague at Glasgow, Ernie Metzger, amd David Johnston, QC, an Honorary Professor in Edinburgh, are organising a conference in memory of the late Lord Rodger at Glasgow this September. It promses to be an imortant event to commemorate this great man. Readers of the Blog are encouraged to think of attending. The Legal History at Glasgow website states: Read more... | | Volterra Lecture, 29 February 2012karen baston 01 February 2012 20:34
The Projet Volterra, University College London and the Institute of Historical Research Earlier Middle Ages Seminar
present:
THE VOLTERRA LECTURE
Wednesday, 29 February 2012, 5.30pm
PROFESSOR CHARLES RADDING
(Michigan State University)
‘The recovery and use of Justinian’s Code in eleventh-century Italy’
Chancellor’s Hall,
First Floor, South Block,
Senate House,
Malet Street
London, WC1E 7HU
Followed by a reception.
**ALL WELCOME** Read more... | | The 31st Annual Conference of the Australia New Zealand Law and History Society, December 2012 Read more... | | Friends and colleagues of Alan Rodger will meet in his memory at the University of Glasgow, on 7-8 September 2012, for a conference on legal history and Roman law.
Alan Rodger, Lord Rodger of Earlsferry, wrote on legal history and Roman law for more than forty years. He was a student of David Daube at the University of Oxford, and remained an active and engaged scholar even as he pursued a career as an advocate and in government, eventually serving as a Justice of the Supreme Court of the United Kingdom.
There will be presentations on the Friday afternoon and Saturday morning, as well as a reception and dinner on the Friday evening. The conference is being organised by Ernest Metzger, Douglas Professor of Civil Law in the University of Glasgow, and David Johnston QC, Axiom Advocates, Edinburgh.
The organisers will keep you informed of arrangements: please send a note to rodgermemorial@iuscivile.com if you are considering attending. In due course those who wish to attend the conference, with or without the reception and dinner, will be able to register from the conference site (see below).
The speakers will include:
Tiziana J. Chiusi (Professor of Civil Law, Roman Law and Comparative Law, University of Saarland); Michael Crawford FBA (Emeritus Professor, History, University College London); Robin Evans-Jones (Professor of Jurisprudence, University of Aberdeen); Joshua S. Getzler (Professor of Law and Legal History, University of Oxford); Kenneth Reid CBE, FBA, FRSE (Professor of Scots Law, University of Edinburgh); John Richardson FRSE (Emeritus Professor of Classics, University of Edinburgh); Boudewijn Sirks (Regius Professor of Civil Law, University of Oxford).
Read more... | | CALL FOR PAPERS
New Perspectives on locatio conductio in Roman law
6 – 8 June 2012, Edinburgh
In the nearly 100 years since the publication of Emilio Costa’s La locazione di cose nel diritto romano (1915), the first monograph of the twentieth-century on letting and hiring in Roman law, modern understanding of this contract has changed significantly. The reasons for this are mainly twofold. First, scholars of Roman law, while still largely engaged in purely dogmatic investigations of the origins and development of legal rules and of the contributions of individual Roman jurists to this process, are slowly becoming more aware of the contexts in which these rules operated and their relation to Roman society such as, for example, in the work of Bruce Frier (Landlords and Tenants in Imperial Rome (1980)) and Dennis Kehoe (Investment, Profit and Tenancy: the Jurists and the Roman Agrarian Economy (1998)), to name but a few. In second place, the publication in 1999 of Roberto Fiori’s La definizione della ‘locatio conductio’ (1999) comprehensively transformed modern understanding of the conceptual structure of this contract and finally laid to rest the much debated issue of the 'trichotomy'. The aim of this conference is to bring together scholars with an interest in locatio conductio in Roman law (whether in Roman private or public law) to explore new insights (dogmatic, social, economic) into the origin and growth of this contract.
Deadline for submission of proposals: Friday 30 March 2012
For more information or to submit an abstract, please email Dr. Paul J. du Plessis
***
Neue Sichtweisen auf die locatio conductio im römischen Recht
6. – 8. Juni 2012, Edinburgh
Seit Emilio Costa vor rund hundert Jahren mit La locazione di cose nel diritto romano (1915) die erste Monographie des 20. Jahrhunderts über die locatio conductio im römischen Recht veröffentlichte, hat das moderne Verständnis dieses Vertragstyps grundlegende Änderungen erfahren. Zwei Gründe haben diese Entwicklung maßgeblich beeinflusst: Obgleich sich die römischrechtliche Wissenschaft nach wie vor hauptsächlich mit der rein dogmatischen Untersuchung von Ursprüngen und Entwicklungen römischer Rechtsregeln und den Beiträgen einzelner römischer Juristen hierzu befasst, wird sie sich mehr und mehr des Wirkkontexts dieser Regeln und ihres Verhältnisses zum römischen Gesellschaftsleben bewusst; die Schriften von Bruce Frier (Landlords and Tenants in Imperial Rome (1980)) und Dennis Kehoe (Investment, Profit and Tenancy: the Jurists and the Roman Agrarian Economy (1998)) seien beispielhaft genannt. Zum anderen hat die Veröffentlichung von Roberto Fioris La definizione della ‘locatio conductio’ im Jahr 1999 das moderne Verständnis des Strukturkonzepts der locatio conductio umfassend geändert und letztlich das vieldiskutierte Bild ihrer 'Trichotomie' zu Grabe getragen.
Die Konferenz möchte Wissenschaftler mit einem Interesse an der locatio conductio im römischen Privatrecht wie auch Öffentlichen Recht zusammenführen, und dabei neue dogmatische, soziale und ökonomische Sichtweisen auf Ursprung und Entwicklung dieses Vertragstyps untersuchen.
Vorschläge für Beiträge sind, mit kurzem Exposé, bis Freitag, 30. März 2012, erbeten.
Für weitere Informationen sowie die Einreichung der Beiträge steht Dr. Paul J. du Plessis zur Verfügung.
***
Nuove prospettive in ordine alla locatio conductio in diritto Romano
Edimburgo, 6 – 8 Giugno 2012
A quasi cent’anni dalla pubblicazione della prima monografia del diciannovesimo secolo sul tema della locazione in diritto romano “La locazione di cose nel diritto romano” (1915) di Emilio Costa, la moderna concezione di questa tipologia di contratto è considerevolmente cambiata.
Le ragioni di questo fenomeno possono essere fondamentalmente ricondotte a due fattori: in primo luogo, i giusromanisti, ancorché in molti casi ancora impegnati in ricerche di pura dogmatica su origini e sviluppi delle regole di diritto ed in ordine al contributo dei singoli giuristi in questo processo, pian piano si stanno interessando al contesto in cui queste norme operavano e vanno acquisendo consapevolezza circa la loro relazione con la società romana.
Sono espressivi di questo diverso approccio opere come “Landlords and Tenants in Imperial Rome” (1980) di Bruce Frier e “Investment, Profit and Tenancy: the Jurists and the Roman Agrarian Economy” (1998) di Dennis Kehoe, giusto per menzionarne un paio.
Successivamente, la pubblicazione nel 1999 da parte di Roberto Fiori del suo “La definizione della ‘locatio conductio’” ha consentito che la moderna concezione della struttura concettuale di questo contratto mutasse definitivamente, conducendola al controverso tema della “tricotomia”.
Questa conferenza ha lo scopo di riunire gli studiosi che si interessino al tema della locatio conductio nel diritto romano – tanto privato, quanto pubblico – per indagare nuove prospettive – dogmatiche, sociali, economiche – sull’origine e lo sviluppo di questo contratto.
Il termine di presentazione delle proposte scade venerdì 30 marzo 2012.
Per maggiori informazioni o per inviare contributi od abstract, si prega di contattare il Dr. Paul J. du Plessis.
/centreforlegalhistory/ Read more... | | John Phillip Reid Book Award Read more... | | Our colleagues, at Exeter, Anthony Musson and Chantal Stebbings, inform us that Exeter is prioritising legal history for the award of internal Ph.D. Scholarships this year. This is an excellent opportunity for those wishing to pursue doctoral studies in the field to gain funding and have the benefit of supervision from an excellent team of distinguished scholars. Exeter has hosted the British Legal History Conference twice, and is an agreeable city in a part of Britain with an agreeable climate, with many strong associations for English legal historians. In 2009, as this Blog reported (http://www.law.ed.ac.uk/elhblog/blogentry.aspx?blogentryref=8244), the University instituted the Bracton Centre for Legal History, demonstrating a commitment to the discipline see http://socialsciences.exeter.ac.uk/law/research/clhr/ Read more... | | After the moving memorial service in Edinburgh at St Giles for the Lord Rodger of Earlsferry (see http://www.law.ed.ac.uk/sln/blogentry.aspx?blogentryref=8798), readers of this Blog may be interested to know that another one will be held in the University Church in Oxford on 11 February at 2p.m. The card is copied in below: Read more... | | I first met George Dargo only in November 2008. It was in New Orleans at a conference at Tulane organised by Vernon Palmer to mark the Bicentenary of the enactment of the Digest of the Civil Laws now in Force in the Territory of Orleans. In a sense, however, I had known Professor Dargo since I was a graduate student. This was because, a couple of years before I started work on my PhD in Edinburgh, he had published a major monograph, Jefferson’s Louisiana: Politics and the Clash of Legal Traditions (Cambridge Ma, 1975), based on his own Columbia PhD thesis. It is undoubtedly one of the most important studies ever of the Louisiana Purchase and its impact on the politics and legal culture of Louisiana. It was a major influence on my own work. Read more...Comments (0) | | Legal History Fellowship: HarvardJohn W. Cairns 04 January 2012 12:28 For young legal historians a period to turn their doctoral or other work into a book or other publications can be invaluable. It is therefore important to bring to the attention of readers of this Blog the advertisement for the Raoul Berger-Mark DeWolfe Howe Legal History Fellowship at Harvard. Read more... | | Interesting GiftsJohn W. Cairns 01 January 2012 15:31 At the beginning of a New Year it is worth reflecting on one of the more curious events in Edinburgh in the past year, and bringing it to the attention of the wider legal historical community, particularly since law is a discipline of words. Edinburgh is a Unesco City of Literature. Conan Doyle was brought up and educated here; Sherlock Holmes is obviously in part inspired by one of his teachers at the Medical School. Walter Scott studied arts and law at the University, and gave great praise to his teacher Baron David Hume. Robert Louis Stevenson also studied law in the University and once even considered seeking one of the chairs in law. Among contemporary writers one need only mention Ian Rankin, Sandy McCall Smith, once a professor in the Law School, and J. K. Rowling, who studied in the now Faculty of Education, and has become a great University Benefactor. Read more... | | Vacancy - legal history/policyPaul du Plessis 22 December 2011 09:29 Source: Legal history blog Read more... | | Sir John Baker: Neill Lecture OxfordJohn W. Cairns 16 December 2011 15:35 See http://www.law.ox.ac.uk/event=11413 Read more... | | Source: mailing list of the European Society for Comparative Legal History Read more... | | Peter B.H. Birks: A Recent AssessmentJohn W. Cairns 05 December 2011 12:20 The recent death of Lord Rodger has caused your blogger to reflect quite a lot on the late Peter Birks, since he and Alan Rodger had been so close and both died so much before their time. It was therefore fascinating, while browsing in the Edinburgh Law Library's current periodicals section, to come across in the Restitution Law Review (2011) the paper by Professor Gerard McMeel of Bristol reflecting on the intellectual legacy of Peter Birks and considering what type of scholar he had been.
I was initially surprised to see this; it sometimes feels very much as if Peter is still with us. But it is seven years since his death and he now even has an entry in the ODNB by Willam Swadling (which I did not realise until reading Professor McMeel's article). Perhaps our consciouness of his continuing presence is just a reflection of the power of his charisma and personality and the continuing relevance of his work. Professor McMeel has certainly made a good case for the assessment of Peter's intellectual legacy, if only because it is already being fought over. As McMeel rightly says, Peter "was the dominant private lawyer of recent time".
Classification or taxonomy was an abiding interest of Peter's; so one can imagine his amusement as his successors try to classify him. He would also have applied his formidable intellect to correcting them where he thought them wrong. Though a kind man, he could be quite impatient with wilful stupidity or intellectual idleness. According to McMeel, by both friend and foe, he has been variously labelled as a taxonomist, a positivist, a formalist, a correctivist, an interpretivist, and a pragmatist. No doubt, like us all, he was not always consistent in his approach. But what is fascinating is that so many writers are in a way creating their own Birks and arguing over the intellectual legacy: whether one they wish to agree with or one they wish to reject.
Peter's death is still recent; the loss is still raw and felt. Grief may still seek ownership and possession of the memory.
I first got to know Peter well when I returned to Edinburgh from teaching at the Queen's University, Belfast. He then held Edinburgh's chair of Civil Law. Of my senior colleagues at Edinburgh, he was the only one who offered me anything significant in the way of mentoring of the type I had already experienced at Queen's from, among others, my excellent Head of Department there, Colin Campbell. Though I was formally in the Department of Scots Law, much of my teaching was in Civil Law. Together with the talented Departmental Secretary, Mrs Lisa White, Peter generated an air of excitement in the Department. One felt that important things were happening, and that good things would be the result. He was enthusiastic; he made one feel the importance of academic life. This meant that Peter was not an easy-going man. He was quite impatient with some of his fellow Professors in the Faculty, whom he saw - rightly or wrongly - as obstructive to progress and development. He was an enthusiastic if not always popular teacher. He really wanted to communicate his ideas. The duller brethren found him difficult; the brighter responded to his keenness, charisma, and indeed handsome looks to be stimulated and excited by ideas and scholarship.
Swadling writes that Peter was "still based in Oxford" during his time in Edinburgh; from the Edinburgh point of view one would not have known. He seemed omnipresent. He created the Edinburgh Roman Law group, still going strong; he created the Edinburgh Legal History Discussion Group, of which one can say the same. Many articles started off in the latter as a brief presentation before friends over a glass of wine. It is obvious, though, that he had a punishing regime of night buses and later an old banger of a car to travel to Oxford for most weekends. In many ways it must have been a tough life for Peter and Jackie, particularly after the birth of their son who was christened in Edinburgh. But one was not aware of this. In Edinburgh Peter had made himself comfortable. He had a delightful small flat overlooking Greyfriars Kirkyard in an old converted building.
Peter loved Roman law. He became famous for his work on English restitution, and indeed when I came back to Edinburgh, he will have been completing the first edition of his masterful work on the topic. It is his work on restitution that McMeel discusses as disputed. But the Birks I knew was the Birks excited by the discovery of the Lex Irnitana and the implications this held for our understanding of the role of the judges and of Roman procedure; the Birks keen on the Lex Aquilia and teasing out the nature and interpretation of texts on damage caused by smoke from a cheese manufactory; the Birks who took students through Cicero's speeches so they could get a grasp of the immediacy and reality of Roman law; the Birks who understood that Gaius was still an excellent introductory work for novice lawyers; the Birks who wrote for our students a wonderful unpublished essay to help them understand the nature of an obligation.
Of course, some of this links up with his work on English restitution: our students got a lot on Gaius' and Justinian's schemes of classification. The problems posed by Gaius' division of obligations and the nature of the condictio indebiti were expounded to them. We still give our students the clever selection of texts that Peter and Grant McLeod developed for teaching first-year Roman law: texts the juxtaposition of which encourages students to investigate and think for themsleves through the problems of law and history they pose. Peter was interested in what some might think of as by-ways in legal history. Thus I recall a paper at the Legal History Discussion group on Giles Jacob, "blunderbuss of law"; another on William Fulbecke, which led to a reprint of Fulbecke with an introduction by Peter. These minor figures were seen by Peter as encapsulating something significant about learning and classification: they emphasised that law was a rational system, just as much as did Gaius, Justinian, and Blackstone. That they were not great figures in a constructed canon was central to their significance. Peter's understanding of legal history was undoubtedly influenced by Toby Milsom, who is indeed the most important historiographer of the early medieval common law since Maitland.
Peter was a sociable man. I recall many pleasant dinners in Edinburgh restaurants or after the Roman Law Group. (I also recall a dinner in my then flat in Stockbridge where there was an explosive argument with a colleague!) As I then lived on my own, I often worked late in the evening in Old College, as was often Peter's practice. If he noticed I was there, and had finished for the night, he would call me down to his office, where we would share a bottle of (usually) red wine with conversation ranging from mere gossip to university politics to scholarly matters.
This brings me back to Professor McMeel's paper. His main focus - and that of those whom he discusses - is on Peter's work in restitution. He sees the key to understanding Peter's oeuvre in that field as lying in his background in Roman law and Milsomian approach to legal history. This seems right. It certainly chimes with my own knowledge of Peter's interests. I knew Peter best in the period of transition from his early to his middle phase, to adopt McMeel's divisions of Peter's work; but this as when he was laying down the foundations.
Peter is undoubtedly much missed. As was natural, I saw him increasingly less as the years passed; but we never became totally out of touch, though our academic interests increasingly diverged. I can still feel the shock when he told me of his illness. Swadling states that Peter had a strong sense of duty; this was true. He was indeed a good and faithful servant. Read more...Comments (0) | | | | This blogger remembers well the meeting in Edinburgh from 29th October - 2nd November 1987 of the Edinburgh Roman Law Group along with the Philips van Leiden Society and the Forum Romanum of Amsterdam. It was organised by the late and indefatigable Professor Peter Birks along with the excellent and efficient Secretary of the regretted Department of Civil Law, Mrs Lisa White. The theme was the Roman Law of Property, and many of the papers were subsequently published in New Perspectives in the Roman Law of Property, offered as a Festschrift to the late Barry Nicholas. As well as a scholarly programme there was an excellent social programme, including a notably successful visit to the Glenturret Distillery. One may note that, as well as Peter Birks, the only speaker we have since lost is Lord Rodger, who also gave a paper; all other speakers are happily still with us. It was a memorable event at which your blogger met many eminent Dutch legal historians for the very first time. He is still proud of his Philips van Leiden tie. Read more... | | Source: Mailing list of the European Society for Comparative Legal History Read more... | | Call for Papers - Sale and CommunityPaul du Plessis 25 November 2011 09:24 S a l e a n d C o m m u n i t y Read more... | | The Program Committee welcomes proposals for both full panels and individual papers, though please note that individual papers are less likely to be accepted. As concerns panels, the Program Committee encourages the submission of a variety of different types of proposals, including: Read more... | | The annual meeting of the ASLH took place in Atlanta from 10 - 13 November 2011. Read more... | | The first volume in this series (of which Dr. Paul J. du Plessis is one of the two editors) has won a prestigious international award. Saskia Roselaar's book entitled Public land in the Roman Republic - a Social and Economic History of Ager Publicus in Italy, 396 - 89 BC has been awarded the James Henry Breasted Prize by the American Historical Association. Read more... | | | | Archie Duncan: FormulariesJohn W. Cairns 08 November 2011 15:03 Professor Emeritus Archie Duncan of the University of Glasgow has produced a substantial and invaluable volume of Scottish formularies for the Stair Society. As well as formularies reflecting the Scottish ius proprium, there are also examples from the ius commune. In all, this volume is destined to throw considerable light on the history of Scots law. Read more... | | The focus of the 98th Dies Natalis of the Erasmus University of Rotterdam is the work of the School of Law. While it has an impressive record with its blending of law, sociology and economics in its work, for this blog it is best known for its work in legal history. To mark the dies natalis, the Faculty of Law decided to award the degree of doctorate honoris causa to the late Lord Rodger of Earlsferry. Lord Rodger had accepted with pleasure. The degree will now be awarded posthumously, with the diploma accepted by his family. As well as the award of the degree, with a laudatio by Professor Laurens Winkel, two lectures will be given on the theme of empirical legal studies. Read more... | | | | Chiene Lecture 2011John W. Cairns 28 October 2011 17:10 The Peter Chiene Lecture 2011 was given by Professor Boudewijn Sirks of the University of Oxford, on 14 October, 2011 on the title“The Parallel Universes of Baker, Joblin and Julian: Causation and Law”. Professor Sirks elegantly explored parallels and comparisons. Read more... | | 9th – 11th May 2012
At the Carlsberg Academy in Copenhagen, Denmark Read more... | | Oxford studies in Roman Society and LawPaul du Plessis 28 September 2011 08:45 The second volume in the series, Oxford Studies in Roman Society and the Law, has appeared. The aim of this timely new monograph series is to create an interdisciplinary forum devoted to the interaction between two established academic disciplines, legal history and ancient history, in the context of the study of Roman law. Focusing on the relationship of law to society, the volumes will cover the most significant periods of Roman law (up to the death of Justinian in 565) so as to provide a balanced view of growth, decline, and resurgence. Most importantly, the series will provoke general debate over the extent to which legal rules should be examined in light of the society which produced them in order to understand their purpose and efficacy. Read more... | | COMPARATIVE LEGAL HISTORY
Definitions and Challenges
Second ESCLH Conference
Amsterdam, 9-10 July 2012 Read more... | | SIHDA 2011Paul du Plessis 26 September 2011 08:39 The 65th Session of the 'Société internationale Fernand de Visscher pour l'Histoire des Droits de l'Antiquité' (SIHDA) was held in Liege, from 19 - 24 September 2011. The general theme of the congress was: "The Obligation in the Laws of Antiquity, from its source to its fulfilment". Read more... | | Interpreting SlaveryJohn W. Cairns 21 September 2011 09:09 The recent conviction of two Scots for trafficking vulnerable individuals as male and female prostitutes, and the extraordinary Bedfordshire case where, allegedly, some men were held an against their will - for up to fifteen years - and forced to work for no pay, serve to remind us of the continuing prevalence of the "peculiar institution". Detective Inspector Stephen Grant from Strathclyde Police's major investigation teams hit it on the nail when he said: "Human beings are not products which can ever be bought and sold and this will never be tolerated." See http://www.bbc.co.uk/news/uk-scotland-14857004 and http://www.bbc.co.uk/news/uk-england-beds-bucks-herts-14878181 Read more... | | The author of this blog attended an excellent seminar over the weekend in the splendour of All Souls College, Oxford. The seminar was co-organised by our colleague, Dr. Eric Descheemaeker together with Professor Helen Scott of the University of Cape Town. Read more... | | Call for Papers: Markets, Law, and Ethcis, 1400-1850 Read more... | | The Richard & Diane Cummins Legal History Research Grant for 2012
George Washington University Law is pleased to invite applications for the Richard & Diane Cummins Legal History Research Grant for 2012.
The Cummins Grant provides a stipend of $10,000 to support short-term historical research using the Special Collections Department at GW's Jacob Burns Law Library, which is noted for its continental historical legal collections, especially its French collection, with strengths in Roman and canon law, church-state relations, international law, and many incunabula holdings.
The grant is awarded to one doctoral, LLM, or SJD. candidate, postdoctoral researcher, faculty member, or independent scholar. The successful candidate may come from a variety of disciplines including, but not limited to, law, history, religion, philosophy, or bibliography.
Applicants must submit a letter and research proposal (maximum 1000 words) outlining the scope of their project and specifying those materials from the Special Collections Department that are relevant to their research. Applicants also should submit two letters of support, preferably from academic colleagues. For student applicants, one of the letters must be from a dissertation or thesis advisor. These documents may be submitted electronically or in hard copy via mail.
During his or her visit, the grant recipient will deliver a presentation to interested faculty of the research completed at GW, and at the conclusion of the visit will submit a summary of research conducted during the visit.
Grant application
The deadline for submitting applications is 1 November 2011. Inquiries and application materials should be sent to:
Dean Scott B. Pagel
Director, Jacob Burns Law Library
The George Washington University
716 20th Street NW
Washington, DC 20052
About the Special Collections Department
The Special Collections Department of the Jacob Burns Law Library preserves more than 35,000 important legal works from the fifteenth through nineteenth centuries. Its French Collection is one of the largest assemblages of early French law in the United States. The Incunabula Collection comprises more than 120 titles. Other significant areas of the collection include church-state relations, Roman and canon law, international law, and early American statutes and practitioner guides. Additional information regarding the collection is available from the Special Collections Department.
For information regarding the scope of the collection and its potential pertinence to individual research needs, please contact:
Jennie Meade
Director of Special Collections
Jacob Burns Law Library Read more... | | An International Conference will be taking place on 25-26 May 2012, to mark the exact 80th anniversary of Lord Atkin’s judgment. Read more... | | Peter Chiene Lecture 2011John W. Cairns 19 August 2011 15:44 The Peter Chiene Lecture 2011 will be given by Professor Boudewijn Sirks of the University of Oxford, on 14 October, 2011. His title is “The Parallel Universes of Baker, Joblin and Julian: Causation and Law”. Read more... | | This blog is delighted to note that the 31st meeting of the Scottish Legal History Group will take place on 1 October, 2011 in the Reading Room of the Advocates’ Library, Parliament House, Edinburgh. As usual there is an interesting programme. Anyone interested in attending, upon payment of the conference fee of £10, should contact the Secretary to the Secretary, Dr Mark Godfrey, School of Law, University of Glasgow, Glasgow G12 8QQ. See http://www.law.ed.ac.uk/elhblog/blogentry.aspx?blogentryref=8720 Read more...Comments (0) | | Scottish Legal History Group
Thirty-First Annual Conference Read more... | | The Edinburgh Roman Law Group was delighted to host a summer seminar on 12 August 2011 which featured talks by Professor Roberto Fiori (Professor of Roman Law, University of Rome (Tor Vergata)) and Professor Maria Floriana Cursi (Professor of Roman Law, Dean of the Faculty of Law, University of Teramo). Read more... | | | | The Early English Laws project is pleased to announce a two-day conference at the Carlsberg Academy in Copenhagen exploring laws, law-making and legal interpretation in Western Europe in the early Middle Ages. The conference, organised with funding from the Arts and Humanities Research Council as part of the Early English Laws project, is a collaboration with the Nordic Medieval Laws Project and will draw speakers from Britain, Europe and North America. Professors Bruce O’Brien (IHR, London/University of Mary Washington), Stefan Brink (Aberdeen), Ditlev Tamm (Copenhagen) and John Hines (Cardiff) will be among the speakers. Read more... | | Professor Alexander ("Sasha") Volokh of the Emory Law School is running a panel on "Law as Culture: Legal Development and Social Change" at the Kalamazoo Medieval History Conference, May 10–13, 2012.
Read more... | | Call for Papers! Read more... | | The Ninth Judicial Circuit Historical Society (NJCHS) has announced the 2011 Jerome I. Braun Prize in Western Legal History. The prize, named in honour of a NJCHS past president, will be awarded for the best unpublished article-length manuscript on the legal history of the trans-Mississippi North American West. Read more... | | | | Ettore Majorana Foundation and Centre for Scientific Culture Read more... | | Call for Papers Read more... | | Three work sessions will be held: the first will be on the history of the Roman Curia from the Middle Ages to the present; the second will present the main Roman archives and their means of description and research; and the third will cover the methodology of archival investigation, with special attention to historical and legal-historical issues, and the description of specific competences and tools that are essential for the purposes of archival work. Applications must be submitted to Dr Benedetta Albani by 15 June and must include, together with the completed application form, a short description of the candidate's research activity (max. 1000 characters, spaces excluded) and an up-to-date CV. Selected candidates will be notified by 30 June 2011. Read more... | | | | University of Aberdeen's Civil Law Centre's Scottish Legal History Conference, 29 July 2011
A one-day conference providing a forum for academic presentation, discussion and debate of Scottish legal history and the development of Scots law. Read more... | | XIV International Congress of Medieval Canon Law
Toronto
5–11 August 2012 Read more... | | Textbooks of Roman law tell students that sale is a consensual contract and transfer of res mancipi is made either by the ceremony of mancipatio or by cessio in iure. This is undoubtedly the strict legal position. The Romans, however, being a practical people, liked to record transactions. Read more...Comments (2) | | The National Archives (US) is accepting proposals for a research fellowship beginning in July 2011. Applications will be accepted by email until midnight EDT 31 May 2011 at legislative.archives@nara.gov. The minimum tenure in residency at the National Archives is one month. Read more... | | Call for paper(s) relating to legal history: 'Transalpine Humanist Networks in Early Modern Europe' panel at Sixteenth Century Studies Conference (2011) Read more... | | William Forbes (1668?-1745) was the first holder of the Regius Chair in Civil Law at the University of Glasgow. Appointed to the Chair in 1714, he continued to teach at Glasgow until 1739. Forbes is generally considered to have been a relatively minor Scottish jurist of the period. But in one respect Forbes made an exceptional scholarly contribution: throughout his tenure of the Chair he was at work on major treatise, The Great Body of the Law of Scotland. Alas, it appears the Great Body was never finished, for it was never published. But the great manuscript folio volumes, containing a life's work, have lain, ever since, in the Glasgow University Library known only to a few dedicated legal historians. And although some superb research by Professor John Cairns, in particular, gives us now some idea of Forbes' life and times, there has not yet been an opportunity to appraise properly Forbes' scholarly contributions. One estimate suggests that the Great Body extends to a million words. On any analysis, the work deserves to be better known. Read more... | |
Two Day Workshop: 20-21 May 2011 Read more...Comments (0) | | Applications are invited for two 3-year Postdoctoral Research Fellowships in history, starting on 1 October 2011 or as soon as possible thereafter. The posts are in connection with the research programme on Exchanges of Economic, Legal and Political Ideas, supported by the Andrew W. Mellon Foundation. The programme is based at the Centre for History and Economics, Magdalene College, Cambridge and at Harvard University, and is coordinated by Professor Emma Rothschild. For further information about the programme see http://www.fas.harvard.edu/~histecon/exel/. The Fellowships are not associated with a fellowship of a Cambridge college, but can be combined with a non-stipendiary college fellowship. The stipend will be £27,319 in the first year and subject to increments in subsequent years. The positions are pensionable. Read more... | | Two book prizes for American Legal History have been announced. The John Phillip Reid Book Award of the American Society for Legal History and the Cromwell Book Prize of the William Nelson Cromwell Foundation are mutually exclusive. The Reid Award is for a book by a mid-career or senior scholar, and the Cromwell Book Prize is for a 'first book' by a junior scholar. For advice where the distinction is doubtful, please consult Gerald Leonard, chair of the ASLH Committee on the John Phillip Reid Book Award, and Daniel Ernst, Chair of the Cromwell Book Prize Advisory Subcommittee.
John Phillip Reid Book Award
Named for John Phillip Reid, the prolific legal historian and founding member of the American Society for Legal History, and made possible by the generous contributions of his friends and colleagues, the John
Phillip Reid Book Award is an annual award for the best monograph by a mid-career or senior scholar, published in English in any of the fields defined broadly as Anglo-American legal history. The award is given on the recommendation of the American Society for Legal History's John Philip Reid Prize Committee.
For the 2010 prize, the Reid Award Committee will accept nominations from authors, presses, or anyone else, of any book that bears a copyright date in 2010. Nominations for the Reid Award should be submitted by 27 May 2011, by sending a curriculum vitae of the author and one copy of the book to each member of the committee:
Professor Gerald Leonard
Chair, ASLH Committee on the John Phillip Reid Book Award
Boston University School of Law
765 Commonwealth Ave.
Boston, MA 02215
Professor Susanna Blumenthal
University of Minnesota Law School
229 19th Ave. S.
Minneapolis, MN 55455
Professor Philip Girard
Schulich School of Law
Dalhousie University
Halifax, Nova Scotia
CANADA B3H 4H9
Catharine MacMillan
Department of Law
Queen Mary College, University of London
Mile End Road
LondonE1 4NS
UNITED KINGDOM
Professor Reva Siegel
Yale Law School
PO Box 208215
New Haven, CT 06520
Cromwell Book Prize
The William Nelson Cromwell Foundation was established in 1930 to promote and encourage scholarship in legal history, particularly in the colonial and early national periods of the United States. The Foundation
has supported the publication of legal records as well as historical monographs. Among the prizes it annually awards is a $5000 book prize for excellence in scholarship in the field of American Legal History by
a junior scholar. The prize is designed to recognize and promote new work in the field by graduate students, law students, post-doctoral fellows and faculty not yet tenured. The work may be in any area of
American legal history, including constitutional and comparative studies, but scholarship in the colonial and early national periods will receive some preference. The prize is limited to 'first books', i.e., works by a junior scholar that constitute his or her first major undertaking.
The Cromwell Foundation awards the prize on the recommendation of the Cromwell Prize Advisory Committee of the American Society for Legal History. The Committee will consider books published in 2010. The Society will announce the award after the annual meeting of the Cromwell Foundation, which normally takes place early in November.
To nominate a book, please send copies of it and the curriculum vitae of its author to John D. Gordan III, Chair of the Cromwell Prize Advisory Committee, and to each member of the Cromwell Book Prize Advisory
Committee with a postmark no later than 31 May 2011.
John D. Gordan III
Chair, Cromwell Prize Advisory Committee
Morgan, Lewis & Bockius LLP
1133 Park Avenue
New York, NY 10128
Professor Daniel R. Ernst
Professor of Law
Chair, Cromwell Book Prize Advisory Subcommittee
Georgetown University Law Center
600 New Jersey Avenue N.W.
Washington, D.C. 20001-2075
Professor Christian McMillen
Department of History
Randall Hall
PO Box 400180
University of Virginia
Charlottesville, VA 22904
Professor Tony Freyer
University of Alabama School of Law
101 Paul Bryant Drive, East
Box 870382
Tuscaloosa, AL 35487-0382
Professor Laura Kalman
Department of History
University of California, Santa Barbara
Santa Barbara, CA 93106-9410 Read more... | | This course will follow the direction set by Morris L. Cohen and David Warrington in their earlier Rare Book School course, Collecting the History of Anglo-American Law, while expanding the scope to include the legal literature of Western Europe and Latin America. It is aimed at individual book collectors who collect in some aspect of the history of the law and for librarians who have custody of historical legal materials. The course will survey printed and manuscript legal materials and introduce its bibliography and curatorship. Topics include the history of the production and distribution of law books; catalogs and reference books; philosophy and techniques of collecting; and acquiring books, manuscripts, and ephemera in the antiquarian book trade. Read more... | | Your blogger has already subscribed to the Honoré volume. He has always been fond of pointing out that he graduated from the University of Edinburgh in the same year as Professor Honoré: he with an LLB, Professor Honoré with an LLD honoris causa. A month or so earlier, he had been examined viva voce by Professor Honoré on Roman law, focusing on two essays he had written: one on the technicality of legal language in early Roman law, the other on the theme of the development from stipulatio poenae to clause pénale. As all can imagine, Professor Honoré was gracious, kind and thorough. Read more... | | Tony Honoré is one of the most distinguished South African law academics. His long career – first as a law don at Queen’s College, Oxford then successor to Professor R.W. Lee as last Rhodes Reader in Roman-Dutch law at Oxford – culminated in his appointment to the Regius Chair in Civil Law at All Souls College, Oxford, from which he retired some years ago. His pre-eminence in the fields of Roman law, Roman-Dutch and modern South African law and legal philosophy (his Causation in the Law, with Professor H.L.A. Hart, is still a leading text) is internationally recognised. Read more... | | A workshop on the above theme will take place in Edinburgh on 20-21 May, 2011. The programme is not finalised but currently appears as follows: George Dargo, “Louisiana in the Early American Republic”; John W. Cairns, “Planning and Printing a Code/Digest?”; John Lovett and Markus Puder, “Possession, Prescription and Uncertain Land Titles in Louisiana: 1808-1825”; Asya Ostroukh, “The Significance of Quebec Sources for Understanding the Origin and Nature of Louisiana’s Civil Law Codification”; Vernon V. Palmer, "Slavery and Louisiana Civil Law 1825-1870"; Agustín Parise, “Influence of the Louisiana Civil Code of 1825 in Latin-American Codification Movements: The References to Louisiana Provisions in the Argentine Civil Code of 1871.” Read more...Comments (1) | | James J RobertsonJohn W. Cairns 07 February 2011 15:32 The Blog is saddened to heear of the death of James J (Jim) Robertson late of the University of Dundee's School of Law. Jim was an affable man who loved the history of Scots law and who made the influence of canon law on Scots law his particular interest. He was an active member of the Stair Society for many years, even delivering its annual lecture in 1987 on "Aspects of Scottish Legal Research in the Archives of the Roman Rota and the Roman Penitentiary". Read more...Comments (1) | | Law and Marriage in Medieval and Early Modern Times:The Eighth Carlsberg Academy Conference on Medieval Legal History Read more... | | The Twentieth British Legal History Conference will be held in Cambridge from Wednesday 13 July 2011 to Saturday 16 July 2011. The conference theme will be: Law and Legal Process. Read more... | | The Société de l'Histoire des Droits de l'Antiquité (SIHDA) will hold its 65th session in Liège from 19-24 September. The general theme will be: Read more... | | Edinburgh Roman Law Group Meetingskaren baston 31 January 2011 11:31 The Edinburgh Roman Law Group will host two meetings this spring. Read more... | | | | | | The Legal History and Rare Books Section (LH&RB) of the American Association of Law libraries, in cooperation with Cengage Learning, announces the third annual Morris L. Cohen Student Essay Competition.
The competition is named in honor of Morris L. Cohen, late Professor Emeritus of Law at Yale Law School. Professor Cohen was a leading scholar in the fields of legal research, rare books, and historical bibliography.
The purpose of the competition is to encourage scholarship in the areas of legal history, rare law books, and legal archives, and to acquaint students with the American Association of Law Libraries (AALL) and law librarianship.
Eligibility
Students currently enrolled in accredited graduate programs in library science, law, history, or related fields are eligible to enter the competition. Both full- and part-time students are eligible. Membership in AALL is not required.
Requirements
Essays may be on any topic related to legal history, rare law books, or legal archives. The entry form and instructions are available at the LH&RB website. DEADLINE EXTENDED: Entries must now be submitted by 11:59 p.m., 15 April 2011. Read more... | | | | | | The Biographical Dictionary of Scottish Graduates to AD 1410, published in 1977 by the late D. E. R. Watt, remains one of the major sources used by historians of medieval Scotland. For those studying Scottish legal history it is indispensible for help in tracking the numerous law graduates found in the Kirk, who in many ways were to be the foundation of the Scottish legal profession in a later century. Dipping into the entries on these men is very evocative, as one sees them collecting and trying to hold on to their benefices, spending time in Avignon, Orleans and Bologna, and schmoozing at the Papal Court, as they try to climb the greasy pole. Read more...Comments (0) | | The Blog has a strong interest in slavery, particularly in individuals held as enslaved in Scotland in the eighteenth century. Many Scots went to Jamaica and acquired land; others went as professionals and craftsmen. The Royal Infirmary of Edinburgh owned slaves and a plantation there. Burns the poet nearly went to Jamaica as a book-keeper, only the success of the Kilmarnock edition making it unnecessary. A number of enslaved black men from Jamaica came to Scotland, taken there by their masters and mistresses. Read more...Comments (1) | | On 12 November, the Tijdschrift voor Rechtsgeschiedenis, arguably the best general journal on legal history, held a symposium to mark the 90th birthday of Professor Emeritus Robert Feenstra. It was hosted by the Faculty of Law at Leiden and held at the Academiegebouw on the Rapenburg. Read more...Comments (0) | | Readers of the Blog may find it interesting to note that the Society for the Promotion of Roman Studies has reached its 100th year. The new issue of the Journal of Roman Studies (100) has changed its colour and paper in a disconcerting way; but tempora mutantur, nos et mutamur in illis. It contains a fascinating account of the first 100 years of the Society by Christopher Stray. Readers will recall the many important articles on Roman law that have appeared in this Journal over the years. As well as the usual scholarship of the highest standard, this issue contains two particularly interesting pieces. A survey of recent research on the city of Rome (not forgetting the Forum) and a review of Wallace-Hadrill's Rome's Cultural Revolution. Both are thought-provoking. Read more...Comments (0) | | The Centre for Legal History will host two events this autumn. Read more... | | Premio Boulvert 2010Paul du Plessis 09 November 2010 09:13 The author of this blog was delighted to learn that Dr. Caroline Humfress, a firm friend of the Edinburgh Roman law group, was awarded Il Premio della Corte costituzionale della Reppublica italiana, the overall second prize in this year's competition for the Premio Boulvert, last Friday. The award was given in recognition of her excellent book, Orthodoxy and the Courts in Late Antiquity (Oxford 2007). Many congratulations! Read more... | | The Max Planck Institute for European Legal History in Frankfurt/Main offers in accordance with the conditions of the Max Planck Society for the support of young researchers, and subject to required budgetary appropriations several doctoral research positions within the areas of Legal History and Early Modern/Modern History as of 1st January 2010 or later for the conferral of a doctorate degree in law (Dr. jur.) or Early Modern/ Modern History (Dr. phil.).
These doctoral positions are granted in the context of the interdisciplinary programme of the Max Planck Research School on Retaliation, Mediation, Punishment (IMPRSREMEP). The research school aims to attract young researchers educated in law (in particular legal history) or historical sciences. Candidates graduated in the disciplines of history of law, international law and (social) anthropology are invited to apply according to the parallel calls of the partner institutions (Max Planck Institute for Social Anthropology in Halle/Saale, in co-operation with the University of Halle-Wittenberg, Max Planck Institute for Comparative Public Law and International Law in Heidelberg, Max Planck Institute for Foreign and International Criminal Law in cooperation with the University of Freiburg.
The doctoral students will carry out their studies mainly in Frankfurt; and alternatively, historians may graduate at the Technischen Universität Darmstadt. They will participate in the training programme offered by the IMPRS REMEP and can make use of the facilities and infrastructure of the Max Planck Institute for European Legal History. The interdisciplinary curriculum further requires participation in several joint seminars to be conducted together with the doctoral students who are affiliated with the IMPRS
REMEP partner institutes in Halle/Saale, Heidelberg and Freiburg. During these seminars, all students shall achieve cross-disciplinary knowledge in order to develop a common understanding of the overall research agenda and to be able to mutually understand and discuss their doctoral theses from the perspectives of all relevant disciplines. Working language of the training programme and the dissertation is English. According to local university regulations, German language skills may be required in exceptional cases. The scientific supervision of the doctoral students will be carried out by the Max Planck Institute and the University of Frankfurt or the Technische Universität Darmstadt as the case may be. Cross-disciplinary dissertation
projects may be co-supervised by a member of the academic staff from a partner institute.
Dissertation Topics
The research agenda has its focus on the fundamental question common to the disciplines of social sciences and humanities regarding how peace and social order are negotiated, constructed, maintained and re-gained. In particular, in the context of conflict and post-conflict societies, traditional approaches to reconciliation and mediation are being adopted, amending, and – partially – replacing, well-established
systems of punishment mainly based on concepts of retaliation. The doctoral research projects to be conducted in Frankfurt shall focus on topics in the field of legal history like deviance, criminality, conflict, criminal law, and criminal justice during the 16th – 20th century. With respect to the methodological approach field studies focusing on a respective territory/state, period or issue are welcome as well as
comparative studies. Attention should be paid to the question of interaction and interplay between “actors” like the state, society, the legal system, police, social groups and deviant persons. Proposals with the emphasis on a theoretical issue are welcome, too. The analyses should have a distinct reference to the basic question of historical change within the areas of deviance/criminality, criminal law/justice and forms of social control, with regard to historically changing concepts of social order. If possible, an interconnection to current research projects of the Max Planck Institute for European Legal History would be preferable (for example the emergence of national penal law and legal systems as well as forms of international cooperation in the field of criminal law/justice, the history of asylum/sanctuary and extradition, the history of political crime and security-politics).
Applicants are expected to develop their research questions independently, and to specify those in their proposal. Proposals with a comparative perspective and/or an inter-disciplinary approach will be considered with priority.
http://data.rg.mpg.de/REMEP-Ausschreibung_Doktoranden_MIPeR_engl-1.pdf Read more... | | Eltjo Schrage: RetirementJohn W. Cairns 05 November 2010 16:03 Friday 29 October 2010 saw a number of events to mark the retirement of Professor Eltjo Schrage from the Chair of the Foundations of Private Law at the University of Amsterdam, and to celebrate his remarkable contribution to the study of European legal history from Roman times down to the present day. Read more...Comments (0) | | The next Scottish History Research Seminar will address a topic of interest to legal historians (this one anyway!). Read more... | | Call for Papers: Law and Marriage in Medieval and Early Modern Times Read more... | | Paid Internships in Legal HistoryPaul du Plessis 04 November 2010 08:51 The University of Gent has recently advertised two paid internships (one full-time and the other part-time) in the field of legal history. The successful candidates will be expected to participate in teaching and administration and will also be expected to work towards a PhD. For more information see: Read more... | | Your blogger has now found his copy of the Ripley's Believe it or Not comic about Jeremy Bentham. It is no. 87 March, 1979, and is entitled "The Demon in the Glass Cage". It draws on some of the actual history and also the myths about Bentham's auto icon. The storyline basically is that in University College, eventually the dons resolve no longer to have Bentham at meetings, noted as "present but not voting", and mocking the auto icon, decide to put it in a store room. The auto icon takes its revenge. The comic contains one of my favourite lines ever: "It's a monster - a Demon! It's Jeremy Bentham!" I shall check the copyright position and see if I can post an image from the comic - meanwhile images of the badly embalmed actual head, the wax head, and his portrait. For more serious information about this undoubtedly great Enlightenmment thinker, see http://www.ucl.ac.uk/Bentham-Project/ Read more...Comments (2) | | The Blog's interest in the legal history of Louisiana is obvious. One important source for understanding the period post-Purchase is the de la Vergne volume, an interleaved and annotated copy of the Digest of the Civil Laws of the Territory of Orleans (1808). Dating from 1814, the de la Vergne volume is based on notes made by Louis Moreau Lislet, one of the redactors of the Digest. Reprints of the volume are available in some major law libraries, but the Blog is delighted to post some photographs of the original, owned by Mr Louis de la Vergne. The Blog acknowledges the permission of Mr de la Vergne as well as of Professor Olivier Moreteau of Louisiana State University. The photographs include as well as Mr de la Vergne, holding the volume, Professor Emeritus Robert Pascal, Professor Moreteau, and Dr Agustin Parise. The Blog is grateful to Ms Georgia Chadwick of the State Law Library of Louisiana. Read more... | | Our Czech colleagues have founded (based at Brno) a European Society for History of Law: http://www.historyoflaw.eu/. The main task of The European Society for History of Law is to support research into the of history of law, Roman law, and the history of legal thinking in different European countries. Associated with it is a new journal, published in both English and German, entitled The Journal on European History of Law (ISSN: 2042-6402), which is published in London by STS Science Centre, Ltd. The first issue of the journal has now appeared, and has a good mix of articles ranging form discussion of Franz von Zeiler, merchants in medieval Lubeck, Roman legal terminology, as well as, appropriately enough, pieces on Czech legal history. It is an impressive beginning. See http://www.historyoflaw.eu/czech/Journal_EHL.pdf Read more... | | Scottish Law Students in LeuvenJohn W. Cairns 20 September 2010 18:24 The recent Blog entry advertising a post to study leading to a doctorate in the Catholic Univeristy of Leuven reminds us that a number of distinguished Scots studied law there before the Reformation rather than, for various reasons, the generally preferred French universities, especially Orléans. Two may be worth mentioning. Clement Little, whose library was the foundation of that of this University matriculated there, probably as a law student, under the name and designation Clemens Parvus Scotus in July 1546. William Elphinstone, father of Bishop William Elphinstone, studied at Leuven not long after the University's foundation, matriculating in 1431, and his notes of lectures he attended on Roman law are preserved in the library of his son's foundation, the University of Aberdeen: Aberdeen MSS 195-197. Read more... | | Lovers of Americana will find it interesting to look at the Yale Library Rare Books Blog which features some of the material from the Exhibition "Superheroes in Court! Lawyers, Law and Comic Books". See http://blogs.law.yale.edu/blogs/rarebooks/ Read more... | | Project title: Humanist Jurisprudence and the Emergence of the Law of Nations Read more... | | Roman Law Moot: WitswatersrandJohn W. Cairns 17 September 2010 12:18 It is exciting to see that the Law School at Witswatersrand in Johannesburg is holding a Roman-Law Moot. It is depressing to see, however, that this is because it has been decided to discontinue teaching the subject from next year at Wits. The negative implications of this for students at Wits and for the future of law in South Africa are obvious. See http://bonietaequiars.blogspot.com/2010/09/roman-law-moot-i-law-of-property.html Read more... | | Macdonald on Crimes is a title on Scots law that had a long life, as indeed did its author (1826-1908). It did not achieve lasting approbation, though it was clearly found useful enough by bench and bar. One of his contemporaries said that he was a man about whom little was known (see ODNB); but his great grandson, Norman Macdonald, a retired WS, has produced a readable and full biography of his distinguished ancestor. Read more...Comments (0) | | Legal Method: Legal ProblemsJohn W. Cairns 26 August 2010 18:13 The Blog is interested to see the publication by Dale McFadzean and Gareth Ryan of the volume Legal Method by DUP in the series Law Essentials. The work is full of all kinds of useful assistance in finding legal materials and the correct way to cite them. It should be of great help to undergraduates working on dissertations. Read more...Comments (2) | | It is worth noting that in Hepburn v Royal Alexandra Hospital NHS Trust [2010] CSIH 71 at paragraphs 14 & 15, Lord Hamilton, as Lord President, considered the statutes founding the College of Justice, and cited the important new book of Mark Godfrey, Civil Justice in Renaissance Scotland: The Origins of a Central Court, Brill, 2009. The Lord President considered the older views of Hannay that the foundation was not really historically significant, juxtaposing them with the more modern view of Godfrey that what happenned was in many ways a new beginning. The Court went on to interpret the Acts of 1532 and 1541 on the Court's powers, raising interesting questions as to how such statutes should be approached in the modern world. Read more...Comments (0) | | The above book has just been published, edited by John W. Cairns and Paul J du Plessis, and copies should soon be generally available. Dealing with the techniques used by jurists to move from the casuistic style of Roman law to the regulae that underpin modern legal systems, it provides an innovatory approach, and constitutes a major and novel contribution to the literature. Read more...Comments (0) | | Ulric Huber - New BookJohn W. Cairns 05 June 2010 15:47 Read more... | | The inaugural annual lecture of the Exeter Centre for Legal History Research "Revolting Law - Revolting Law Teachers? The Struggle to Render Law a Subject Fit for University Education" will be given by Professor David Sugarman of Lancaster University on Wednesday 23 June at 6pm in the Moot Room, Amory Building, University of Exeter. Read more...Comments (0) | | The Inaugural Conference of the above will be held on 5-6 July 2010 in Valencia. For details, see http://esclh.blogspot.com/ Read more...Comments (0) | | It is worth noting the forthcoming conference in Oxford debating the need to move away from overly national focus on legal history. Read more...Comments (0) | | Digital CollectionsJohn W. Cairns 05 May 2010 16:47 As technology advances more and more libraries are placing digitised images of their collections on the web. The Edinburgh Legal History Blog has been impressed with the digitised collections at the Bavarian State Library in Munich. In the MSS can be recognised some important legal manuscripts important for our understanding of the development of the ius commune. Read more...Comments (0) | | The celebration of the Bicentenary of the Digest of the Civil Law of the Territory of Orleans in 1808 inspired, as well as a number of conferences and symposiums, both publications and republications of some important works. Thus, Claitor's in Baton Rouge reprinted R. H. Kilbourne's important study of the History of the Civil Code of Louisiana and Alain Levasseur's informative biography of Louis Moreau Lislet, certainly the main redactor of the Digest, as well as producing a bicentenary reprint of the de la Vergne volume. Read more...Comments (0) | | The blog has noticed a lot of recent interest in issues of methodology in legal history. This is always interesting, though too much navel gazing is not always helpful. The most recently advertised conference on this theme is entitled "Law As ... ": Theory and Method, in Legal History, to take place April 16-17, 2010 at the University of California, Irvine with a distinguished panel of speakers and a varied programme, including (without in any way wishing to denigrate the others) as a speaker Laura Edwards, who has recently published The People and Their Peace: Legal Culture and the Transformation of Inequality in the Post-revolutionary South (2009), a fascinating book that this blogger is currently reading and would strongly recommend. The programme is as follows: Read more...Comments (0) | | Association of Young Legal HistoriansPaul du Plessis 17 February 2010 09:31 Next annual forum will take place in Frankfurt in March 2010. More details here: Read more... | | Jobs to teach Roman law come up infrequently, the Blog therefore is delighted to see that our Estonian colleagues at the Univeristy of Tartu are advertising for a Docent (roughly Senior Lecturer) of Legal History to teach Roman Law and Latin. See http://www.ut.ee/85786#2 Read more...Comments (0) | | The European Society for Comparative Legal History (ESCLH) is pleased to announce the creation of the Society, the launch of our blog, and our inaugural conference. Read more... | | Readers of the Blog will recall that the recently-identified fragment of the Codex Gregorianus was found in a book-binding. The Rare Books Exhibition Gallery at Yale Law School currently has an exhibition of book fragments found in bindings. There is an excellent blog entry http://blogs.law.yale.edu/blogs/rarebooks/ explaining the significance of these. Read more...Comments (0) | | Lost Roman Law Code - AgainJohn W. Cairns 05 February 2010 12:39 A recent article in National Geographic Magazine provides some further information on the newly discovered fragments of the Codex Gregorianus: http://news.nationalgeographic.com/news/2010/02/100203-lost-codex-gregorianus-roman-law-book/ Read more...Comments (0) | | Cambridge: Eminent Scholars ArchiveJohn W. Cairns 05 February 2010 12:36 One of the most interetsing sources of information about the recent past in the British world of scholarly law is the Cambridge Eminent Scholars Archive of photographs and interviews located at http://www.squire.law.cam.ac.uk/eminent_scholars/ Read more...Comments (0) | | Judah Benjamin: LectureJohn W. Cairns 05 February 2010 12:26 One of the most fascinating figures in Louisiana legal history is Judah Benjamin. The LSE has a legal biography project of great importance: http://www.lse.ac.uk/collections/law/projects/legalbiog/lbp.htm On 9 February Dr Catherine MacMillan will talk on Benjamin's English career. Read more...Comments (0) | | Simon Corcoran and Benet Salway of projet Volterra have pieced together fragments of parchment to discover parts of the previously thought lost Codex Gregorianus of around 300 CE. The significance of this discovery cannot be overestimated. Read more...Comments (1) | | The Morris L. Cohen Student Essay Competition Read more...Comments (0) | | EDINBURGH ROMAN LAW GROUP Read more... | | Conference: Law in Early AmericaPaul du Plessis 11 January 2010 10:42 The Legal History Consortium and the McNeil Center for Early American Studies, both of the University of Pennsylvania, together with the American Society for Legal History, the University of Michigan Law School and the University of Minnesota Law School, will sponsor a conference focusing on the legal history and historiography of North America to 1820. The conference will take place at the McNeil Center, and will feature work by new scholars, as well as commentary and new work by senior legal historians. Professor Bruce H. Mann of Harvard Law School will deliver the keynote address; other confirmed participants include Sarah Barringer Gordon of the University of Pennsylvania, William Novak and Martha Jones of the University of Michigan, Barbara Welke of the University of Minnesota Law School, and Richard Ross of the University of Illinois. Paper proposals in any field of law related to the geographic and chronological focus of the conference should be submitted by February 15, 2010. Proposals must include a 300-word abstract and a cv. For those selected to present, final papers of no more than 9,000 words must be submitted by May 1, 2010. All papers will be pre-circulated to conference participants. Support for presenters' travel and lodging expenses will be available. Read more... | | Clio/ThemisPaul du Plessis 06 January 2010 09:42 The second issue of this new online journal devoted to legal history has been published. The first was noted on this Blog on 23/01/2009 (below) Read more...Comments (0) | | Home of Moreau Lislet, no 2.John W. Cairns 06 November 2009 16:18 It turns out that the house mentioned earlier as the house of Moreau Lislet was not in fact his. The address is correct, as Professor Levasseur has in his book, but the current house was built later. The blog is informed by Georgia Chadwick that the New Orleans' archivist Sally Reeves has pointed out that the current house was described as unfinished in 1857. Moreau Lislet's house was set 38 feet back from the street and fronted by a garden. It is always possible that parts of Moreau's house were used in the rebuilding, of course. Read more...Comments (1) | | This blog has a keen interest in the legal history of Louisiana. Georgia Chadwick of the State Law Library of Louisiana has drawn to its attention the discovery by Daphne Tassin, a member of her staff, that the home into which Moreau moved in 1809, and lived until he died in 1832, is currently for sale at 1027 Chartres Street, New Orleans, formerly Condé Street. See Levasseur's biography of Moreau Lislet at p. 123. Pictures of this large property can be found on a New Orleans realtor's website: http://www.fqr.com/index/listings/multi-family/details/807729 Read more...Comments (0) | | Freedom of the SeasJohn W. Cairns 20 October 2009 11:14 Readers of ths blog may be interested in the new Exhibition in the Rare Books Department of the Yale Law School Library. This is devoted to Freedom of the Seas, focusing around the publication of Mare Liberum on behalf of the Dutch East India Company, some four hundred years ago. For those who cannot visit, pictures of the exhibits will be displayed on the Yale Law Library, Rare Books Blog (which can in general be recommended as excellent). Read more...Comments (0) | | Peter Chiene Memorial LectureJohn W. Cairns 06 October 2009 17:13 The Peter Chiene memorial Lecture was delivered on 2 October in the Univeristy of Edinburgh by Professor Laurens Winkel of the Erasmus University, Rotterdam. His topic was "Divisio Obligationum" Read more...Comments (0) | | Scottish Legal History Group.John W. Cairns 06 October 2009 17:12 The annual conference and AGM of the SLHG took place on Saturday 3 October in the Advocates' Reading Room, Parliament House, Edinburgh, and was well attended. The following papers were delivered: Cynthia Neville, "The Quality of Scottish Mercy: The Royal Pardon in Scotland, 1050-1603"; Jackson Armstrong, "The Administration of Royal Justice in the 1490s: The Earliest Scottish Ayre Records"; Thomas Green, "The New Cosnsitorial Order: Context and Constitutional Theories from 1559";Clare Jackson and Patrica Glennie, "The Advocates' Strike, 1674-1676"; John Finlay, "The Lords of Session, 1701-1801". For furtherr information about the SLHG, please contact Dr Mark Godfrey, m.godfrey@law.gla.ac.uk Secretary and Treasurer. Read more...Comments (0) | | Charles Erskine of TinwaldJohn W. Cairns 06 October 2009 16:42 Karen Grudzien Baston, a Ph.D student in the Centre for Legal History, University of Edinburgh, won first prize in the Edinburgh Ph.D. poster competition for her poster on her research on the library of Charles Erskine of Tinwald. See Read more...Comments (1) | | The trouble with funeral expensesPaul du Plessis 02 September 2009 09:29 In a 2002 case recently reported, NODADA FUNERAL SERVICES CC v THE MASTER AND OTHERS 2003 (4) SA 422 (TkH), the High Court of Transkei had to decide whether the actio funeraria still applied in South African law. The facts of the case are the following. The deceased's sister instructed Nodala Funeral Services to oversee the funeral, the cost of which would be recovered from a life insurance policy. After this had been done and the bill had been presented, it transpired that the deceased had nominated her daughter, a minor, as the beneficiary of the policy and that the funds were being held in trust by the Guardian's Fund. Nodala brought an action based on the actio funeraria against the minor. The court also investigated whether the instruction to Nodala amounted either to a mandate or negotiorum gestio. Read more...Comments (5) | | Who owns wild animals?Paul du Plessis 27 August 2009 09:43 This complicated question recently surfaced once more in an interesting case brought before the Supreme Court of Appeal of South Africa: Mathenjwa v Magudu Game Company (258/08) [2009] ZASCA 57 (28 MAY 2009). The SCA, accepting that the common law of South Africa on this point was essentially based on the Roman-law doctrine, investigated the abstract/causal theories of acquisition of ownership of property at great length. This case is an interesting example of the contemporary application of civilian principles in a mixed jurisdiction. Read more...Comments (0) | | English Year BooksJohn W. Cairns 13 July 2009 11:03 David Seipp's index and paraphrase of the printed Year Books is now complete in the sense that all reports in the chronological series from 1268 through 1535, with all Year Book material from 1399 through 1509 printed only in Abridgements, have been indexed and either fully paraphrased or summarized. This project is sponsored by the Ames Foundation, and will continue by reconstructing missing Year Books of 31 to 37 Edward III from the Abridgements. It is a wonderfully useful collection Read more...Comments (0) | | Professor Mario TalamancaJohn W. Cairns 16 June 2009 12:55 Readers of the blog will be saddened to hear of the sudden death on 11 June of Professor Mario Talamanca of the University of Rome (La Sapienza). Read more...Comments (0) | | In 1909 Eveline MacLaren and Josephine Gordon Stuart became Scotland's first female law graduates: both were awarded an LLB from the Faculty of Law at Edinburgh. This academic year, to mark the centenary, the Edinburgh Law School is celebrating the achievements of its distinguished women graduates. This started on 2 June with an excellent lecture by Professor Hector L. MacQueen on the first two graduates in their historic context. For further details, see http://womeninlaw.law.ed.ac.uk/ Read more...Comments (0) | | The Edinburgh Law School is pleased to announce that it proposes to elect an Allan Menzies Scholar to study for the degree of PhD starting in September 2009. This is a scholarship for three years covering fees (at home/EU level) with a stipend for maintenance comparable to those offered by the AHRC and the ESRC. Read more...Comments (0) | | CALL FOR PAPERS:
JUSTICE IN THE ANCIENT GREEK AND ROMAN WORLD
UNIVERSITY OF WESTERN ONTARIO Read more...Comments (0) | | Reflecting the recent work on the history of Scots law, it is important to note the publication of Civil Justice in Renaissance Scotland: The Origins of a Central Court, by A. Mark Godfrey. Since the earlier work of Hannay, the foundations of the College of Justice have deserevd a proper re-assessment in the light of the new research. Godfrey's excellent new book does that. Though published by Brill at an eye-watering € 152.00 / US$ 243.00, it deserves to be widely read. It has implications far beyond the history of Scots law. Taken with John Finlay's Men of Law in Pre-Reformation Scotland, published by Tuckwell in 2000, we now have a real understanding of this era and these events. Read more...Comments (0) | | It is interesting to note that on Friday, August 15, 2008, Mary Person of the Rare Books Dept at the Harvard Law Library posted an entry on the Blog Et Seq. drawn from the Harvard Library's collection of Scottish material about the case of Stewart Nicholson V Stewart Nicolson, a divorce case where a witness was a slave, known as Latchemo. Illustrations in the Blog entry show that the information was drawn from the Session Papers relating to the advocation of the case from the Commissaries of Edinburgh to the Court of Session. The case is reported (on other issues) at (1770) Mor 16770 and is referred to in L Leneman, Alienated Affections: The Scottish Experience of Divorce and Separation, 1684–1830 (1998) 174–9. It is discussed in context by me in “Slavery and the Roman Law of Evidence in Eighteenth-Century Scotland”, in Andrew Burrows and Lord Rodger of Earlsferry, eds., Mapping the Law: Essays in Memory of Peter Birks, Oxford, University Press, 2006, pp. 599-618. Read more...Comments (1) | | David Daube: 100 yearsJohn W. Cairns 02 March 2009 20:17 A Meeting was held at King’s College, University of Aberdeen on 27-28 February 2009 to mark the centenary of the birth of David Daube (8 Feb. 1909- 24 Feb. 1999). Read more...Comments (0) | | The currently popular and useful idea of the Atlantic World - associated with David Armitage, among others - founds what looks to be an important short conference in Chicago. "Symposium on Comparative Early Modern Legal History 2009 Conference": "The Law of Nations and the Early Modern Atlantic World". This takes place on Friday 3 April 2009 at the Newberry Library, Chicago. It is organised by: Eliga Gould (University of New Hampshire) and Richard J. Ross (University of Illinois at Urbana-Champaign). Further details may be found at http://www.newberry.org/renaissance/seminars/legal.html Read more...Comments (0) | | Roman law in the House of LordsPaul du Plessis 05 February 2009 10:57 I recently came across this interesting discussion regarding domicile. The case is a few years old, but it made me smile: Read more...Comments (0) | | | | A new eletronic journal devoted to legal history has been established entitled Clio@Themis. It is accessible at http://www.cliothemis.com/ It is associated with the Centre National de la Recherche Scientifique (CNRS). Read more...Comments (0) | | 2008 was the bicentenary of the Louisiana Civil Code. Among various events commemorating this was an important conference at Tulane Law School, hosted by the Easson-Weinmann Centre, and organised by Professor Vernon Palmer. While some of this was devoted to the issue of codification generally - and the evergreen and ever so tedious topic of a European code of private law - there was a day of very important papers on the history of the law of Louisiana, in which some excellent research was presented. Most will be published relatively soon. For details of the Conference, see http://www.law.tulane.edu/uploadedFiles/Life_After_Law_School/CLE/PDFs_for_Events_and_Conferences/Civil%20Code%20Celebration%20Brochure.pdf Read more...Comments (0) | | Edinburgh Legal History BlogJohn W. Cairns 13 January 2009 10:32 The Blog is compiled by Professor John W. Cairns and Dr Paul du Plessis of the Edinburgh Centre for Legal History to raise issues of interest to legal historians, especially those interested in the history of Scots law and of the civilian tradition. Their webpages may be found at http://www.law.ed.ac.uk/staff/johncairns_27.aspx and http://www.law.ed.ac.uk/staff/paulduplessis_34.aspx. If you have material you think they might be interested in posting to the blog, please email them at john.cairns@ed.ac.uk
or p.duplessis@ed.ac.uk Read more...Comments (0) | | Mark Godfrey at Glasgow is organising a seminar to discuss Ford's important and massive new book on Law and Opinion in 17th-Century Scotland. After an intoduction by Ford, there will be a general response by John Cairns and then further responses by John Blackie (on the role of learned law) and David Ibbetson (the English perspective). This is scheduled for the afternon of 25 March 2009 in Glasgow University, Gilbert Scott Building. Watch this space for further details when available! Read more...Comments (0) | | Australian Legal History SocietyJohn W. Cairns 09 January 2009 12:07 The Forbes Society, Australia's legal history society, maintains an active webpage with interesting links and information. http://www.forbessociety.org.au/ Read more...Comments (0) | | Important Books Return to EdinburghJohn W. Cairns 07 January 2009 16:34 In 1544, an English knight looted a set of 16 books - 15 of which were on Civil or Canon law - from Edinburgh. Until recently these were in the Athenaeum in Liverpool. They have now been acquired by the National Library of Scotland. What is notable is that they came from Cambuskenneth Abbey near Stirling. The first President of the College of Justice was Alexander Mylne, Abbot of Cambuskenneth. This emphasises the importance of these books for the history of Scots law in the first half of the sixteenth century. See p. 12 of http://www.nls.uk/about/discover-nls/issues/discover-nls-10.pdf Read more...Comments (1) | | New Online JournalPaul du Plessis 06 January 2009 09:39 Louisiana State University has created a new online journal devoted to legal history. The first edition contains interesting articles about the second life of the "Institutional Scheme". Read more...Comments (0) |
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On 28 October, Paul Finkelman, President William McKinley Distinguished Professor of Law and Public Policy and Senior Fellow, Government Law Center, Albany Law School, Albany New York, delivered a paper entitled “Constitutional Slavery”. Deriving from his current research programme on slavery and the const
itution, Professor Finkelman's topic attracted a wide audience from across the College. The reception was followed by dinner at a local Italian Restaurant 
