Foreign Jurisdictions •

New [And Improved] Title Spotlight: World Criminal Justice Systems: A Comparative Survey (9th ed.)

This time around, rather than looking at a brand new publication, I have decided to focus on the new edition of a treatise that was first published in 1984:

World Criminal Justice Systems: A Comparative Survey
Richard J. Terrill
9th edition, 2016
Law Library Reference Reading Room (Langdell 4th Floor), REF HV 7419 .T47 2016

This is not strictly a legal treatise, although much of its content will be of interest to comparative criminal law researchers. Instead, it focuses on the field of study of “criminal justice,” which according to the author encompasses several academic disciplines, including “[s]ociology, psychology, law, and public administration[.]” (Introduction, at 1)

The author makes it clear that this work facilitates the reader’s comparative analysis of the jurisdictions and legal systems surveyed, rather than providing its own. The book is targeted toward researchers with knowledge of the American criminal justice system; accordingly, the United States is not one of the featured jurisdictions. However, even non-U.S. researchers will likely find its clear, informative contents to be very valuable for introductory purposes.

For each of the jurisdictions covered (England, France, Japan, South Africa, Russia, and China), the author provides an informative overview of the government, the police, the judiciary, the law, the correctional system, and juvenile justice.  In addition, a chapter on Islamic Law was first added to the 8th edition in 2013. In this new edition, this chapter discusses the historical development of Islam and Sharia, and illustrates criminal justice principles in Islamic law countries using three “contemporary case studies” (Saudi Arabia, Iran, and Turkey).

As the author explains in the introduction (pp. 7-9), when considering which jurisdictions to include, he focused on the evolution of their legal systems. In particular, he references “legal families”: while England represents common law; the “Romano-Germanic” tradition is represented by France as an original jurisdiction, as well as “borrowers” to varying degrees: Japan, South Africa, and the Russian Federation. The latter is also an example of a jurisdiction in the “socialist law” family, together with China. Finally, in adding the Islamic Law content, the author’s intention was not only to provide a view into criminal justice in “theocratic” societies, but also to focus on “countries [that] view the purpose and function of law in a different context from that which emerged in the West.”

In addition to its substantive content, the real value of this book to the researcher is its extensive bibliography of English-language sources, including books and scholarly articles, for each jurisdiction/legal system it covers.  Altogether, it is an excellent introductory source for legal researchers who are interested in researching any aspect of the criminal justice system in a comparative context.

New Title Spotlight: Restorative Justice and Mediation in Penal Matters

It’s been a great month for discovering new titles in our collection that will appeal to comparative law researchers! The latest title that caught my eye provides a survey of criminal justice ADR practice in 36 (36!) European countries:

Restorative Justice and Mediation in Penal Matters: A Stock-Taking of Legal Issues, Implementation Strategies and Outcomes in 36 European Countries
Frieder Dünkel, Joanna Grzywa-Holten, Philip Horsfield (eds.)
Forum Verlag Godesberg, 2015
(2 volumes)

The editors’ goal in compiling this collection was to “know what there is in Europe today in terms of [Restorative Justice] RJ in penal matters, what the driving forces have been for introducing RJ, how it has been implemented in legislation and on the ground, and what role it plays (central or peripheral) in criminal justice practice.” (p. 3)

Each country report includes an in-depth discussion of active and proposed Victim Offender Mediation (VOM) programs for both adult and juvenile offenders.

Highlights include:

Austria’s NEUSTART program includes three options: “VOM, community service, and probation assistance.”  The use of VOM has been studied there for several years and has shown interesting results, including the public prosecutor dismissing criminal charges in 78% of cases in which VOM was used. (pp. 34-35)

The laws of the Czech Republic provide several RJ-oriented options to “the full range of criminal justice stakeholders: the police, public prosecutors, Probation and Mediation Service, offenders, and victims[.]” These include VOM, conciliation (narovnání) hearings, and both “conditional discontinuance” and abandonment of criminal prosecution. (pp. 171-74)

In Finland, “[f]our structures serve the interests of the victim’ restorative needs[,]”:

  • Insurance and civil law compensation schemes
  • The state compensation system
  • Diversion in the form of non-prosecution
  • Mediation

The Finnish government has an extensive network of agencies to oversee and facilitate mediation in criminal cases, including “the Ministry of Social and Welfare Affairs…, the Advisory Board on Mediation in Criminal Cases, the mediation office, and the mediation officer in charge.” The use of mediation in Finnish criminal cases has been extensively researched, and data about mediation participants and their relative satisfaction with the mediation process is included in the report. (pp. 243-62)

Romania’s Law on Mediation and the Mediator Profession (Law No. 192/2006, published in the Official Gazette No. 441 on May 22, 2006) “regulates…the procedure and characteristics of mediation in penal matters.”  This law was amended in 2009 (Law 370/2009), “introduc[ing] the duty of justice officials to inform the parties about the availability of mediation.” The report provides an extensive explanation of the statutory requirements for the mediation process required under this law, and it also discusses the results of 2010 survey of public prosecutors and judges regarding the use and acceptance of VOM in criminal proceedings. (pp. 697-719)

The report from Ukraine features a discussion of the work done to advocate for the use of RJ in criminal proceedings by “civil society organizations,” including the Ukrainian Centre for Common Ground (UCCG). This organization first introduced a pilot program of VOM in criminal cases in Ukraine in 2003. Currently, the UCCG’s work includes providing training for mediators who offer mediation services in the 14 Community Restorative Justice Centres (CRJCs) across the country. (pp. 989-1005)

This resource provides a wealth of information for comparative research of criminal justice, ADR, and European legislation. Each report is highly readable and helpfully annotated with primary and secondary source references.  The national experts who wrote these reports have done us a real service in contributing their knowledge to these volumes. It is definitely worth a look if your interests lie in any of these areas.

New Title Spotlight – Arbitration in Africa: A Review of Key Jurisdictions

The law library recently added an important title to its collection for foreign and international arbitration research:

An Introduction to Arbitration in Africa: A Review of Key Jurisdictions
John Miles, Tunde Fagbohunlu SAN and Kamal Rasiklal Shah
Sweet and Maxwell, 2016
Law Library Lewis/ILS basement stacks, KQC500 .M55 2016

This book provides information about the legal systems and arbitration laws and procedures (including enforcement and appeal of arbitration awards) of many African jurisdictions. It is organized as follows:

Arbitration in Africa: A Review of Key Jurisdictions, by John Miles, Tunde Fagbohunlu SAN and Kamal Rasiklal Shah (2016)

North Africa:

Algeria, Egypt, Morocco, Sudan, Tunisia

The East African Community and Ethiopia:

Ethiopia, Kenya, Rwanda, Tanzania, Uganda

Southern Africa:

Botswana, Malawi, South Africa, Zambia, Zimbabwe

English-Speaking West Africa:

Ghana, Nigeria

African Lusophone Countries:

Angola, Guinea-Bissau, Mozambique

The Islands of Africa:

Cape Verde, Madagascar, Mauritius, Sao Tome and Principe

Arbitration under the OHADA System:

Cameroon, Cote d’Ivoire, Democratic Republic of Congo, Gabon, Guinea (Conakry), Togo

The book also provides a list of African countries that are signatories to the ICSID convention, and lists of the bilateral investment treaties (BITs) into which African countries have entered.

Book Series Spotlight: German Law Accessible

IMG_3726

Tax Law in Germany (2nd Edition, 2016)

The law library’s collection includes many English-language materials on German law. One especially helpful resource is the German Law Accessible series of books, published by the German legal publisher C.H. Beck.

Many of the titles in the German Law Accessible series focus on subjects related to commercial/business law. The most recent title in this series is no exception – it is the 2016 2nd edition of Tax Law in Germany (3rd floor of the Law Library’s ILS/Lewis Collection, call number KK7105.8 .H33 2016). Its authors, Florian Haase and Daniela Steierberg, are tax law experts in the Hamburg office of the international financial consulting firm Rödl & Partner.

In the introduction, the authors describe their book as being “written from a practitioner’s perspective…[offering] a succinct description of the law together with lots of examples.”  However, despite its practitioner-oriented focus, this book provides an ideal opportunity for academic researchers who do not read German to learn about taxation in Germany.  Subjects covered in the books include an overview of the German legal tax system, taxation issues related to corporations and partnerships, special tax problems involving cross-border investments, transfer pricing, and much more.

For more information about researching German law at HLS, visit our German Law Research Guide at http://guides.library.harvard.edu/GermanLaw.

852 RARE: David Sewall: Lawyer, Federal Judge, Weather Aficionado

It’s spring break at Harvard, although March can bring decidedly un-springlike weather to New England. After an unusually mild winter (except for one weekend of record-breaking cold), the first weekend of spring break started off as mild and sunny as a fine day in late April, and is now, well, very March-like. Weather is a perennial topic of conversation in New England (and everywhere else?). It affects us all and is a topic of conversation anyone can participate in and on which everyone seems to have an opinion.

Of all seasons, winter is perhaps especially ripe for discussions, whether one is marveling at, cursing, or boasting about record snowstorms, record cold, unseasonable warmth, and everything in between. Not surprisingly there’s nothing new about the weather as a rich source of conversation. As we approach the vernal equinox on March 20th this year, here’s a glimpse into the meteorological musings of David Sewall (1735-1825). Sewall was a 1755 Harvard graduate (and classmate of John Adams), a lawyer, and a judge, appointed by George Washington to the U.S. District Court for the District of Maine in 1789, a position he held until his resignation in 1818.

Historical & Special Collections has a letter from Sewall, written from his home in York, Maine (then part of Massachusetts) to an unidentified correspondent, on January 17, 1795.

HOLLIS 2204095_p1

Sewall begins with the acknowledgement of a small book, then talks of politics. But soon the topic of the weather slips in, when in the third or fourth line, he comments: “The month of December as to mildness and agreeableness of weather has surpassed any that the most ancient among us, can recollect. We have now scarcely enough for slaying [sleighing] ….” Shortly thereafter Sewall turns back to politics and government, pondering Alexander Hamilton’s intention to resign as Secretary of State at the end of the month. He mentions meeting and conversing with the Rev. David Osgood (1747-1822) in a public house in Woburn (Mass.) and discusses court and legislative issues. But the next day, a Sunday, when he picks up his pen to continue the correspondence, his opening line sets the tone for most of the rest of the letter.

HOLLIS 2204095_p2-3

“Last Evening we had a pretty fall of light snow … The cold increases and N.N.W. wind blows about the Snow considerably this Evening.” He asks “how comes it that we ever have snow?” and launches into a long, detailed, and thoughtful musing on trade winds, precipitation, temperatures, and weather patterns along the eastern coast of the United States. He marvels at having “known the thermometer to be at 6° below 0 and in less than 9 hours to be above the freezing point” and notes that “I have known the snow to dissolve faster toward the close of Winter with a Southerly Wind of 24 hours (or a little longer) continuance than with a moderate Rain, of the same duration.” Had he lived in our era, the good judge from Maine may have settled down at the end of a long day to watch the Weather Channel.

German Passports and Identification Documents: A History

In browsing the library’s German stacks recently (“KK” call numbers – 3rd floor of the Lewis/ILS building) I discovered a very cool book: an illustrated history of German passports and identification documents from the middle ages to the present.

Der Passexpedient: Geschichte der Reisepässe und Ausweisdokumente – vom Mittelalter bis zum Personalausweis im Scheckkartenformat
Andreas Reisen
Nomos Verlag, 2012

Andreas Reisen (whose last name, interestingly, is the infinitive form of the German verb “to travel”) must have had a lot of fun researching this book and exploring historical and modern examples of German passports and travel/identification documents.  Some have been scanned and included as illustrations, making the book appealing even to those who don’t read German.

When I mentioned this book to one of my colleagues, she asked, “They had passports in the middle ages?”  Well, in a manner of speaking, yes.  They weren’t little books filled with border guard stamps, however.  Instead, for example, they might have looked like this:

According to the caption, this is an “accompanying letter from Kaiser Carl V for Martin Luther for travelling to Worms” from 1521.  This letter was issued during a crucial period in the course of Luther’s life, as he had recently been excommunicated from the Catholic Church and was called to appear before the Diet of Worms to answer for his criticism of the church.  Ultimately, this journey, as a result of which he was a labeled a “convicted heretic,” was a significant stepping stone toward Luther forming the Lutheran Church.

By the 1800s, statutory requirements for passports in the area we now know as Germany were coming into force.  One example of this is the 1813 Allgemeines Paßregelement of the Royal State of Prussia. According to this law, foreign nationals, “regardless of profession, age, gender and religious belief, regardless if [they] arrive by water or land, or through an official post, or otherwise by wagon, horseback, or on foot, whether [they] would like to remain in our territories or simply pass through them,” must provide personal documentation that states one of several acceptable reasons for admission into Prussia.

(By the way, the publication in which this law originally appeared, Gesetz-Sammlung für die königlichen Preußischen Staaten, is available in print through the Harvard Depository.  Harvard’s print copy has also been digitized and is available through the HathiTrust database.  Click here to see page 47 of the 1813 volume, where this law was originally published.)

Examples of passports from the various governing entities in Germany in the mid-1800s follow a common format, with the person’s biographical information listed in the left-hand column, and the description of the reason the person is travelling on the right.

60 61

Photos, however, did not start appearing in passports until the early 1900s.

96

The second half of the book describes and shows the evolution of personal identification and travel documentation in Germany throughout the 20th and 21st centuries.  It concludes by discussing the new personal ID card format that was introduced in 2010.

This is a fascinating historical survey of German passports and identification documents, thoroughly researched and well-illustrated with beautiful scanned images.  It’s well-worth a look, even if you don’t read much German.

“Transliteration” of Foreign Languages in HOLLIS Records

The law library’s print collection includes many non-English books and journals, including materials published in languages that do not use the Roman/Latin alphabet.

The example below shows the HOLLIS+ record of a Russian-language book that was recently added to the collection.  Information in several of the fields, including the title, is shown first in Cyrillic, and then in what is known as “transliterated” or “Romanized” Russian:

HOLLIS+ Record of a Russian Book in the Law Library.

HOLLIS+ Record of a Russian Book in the Law Library.

The law library’s catalogers use the ALA-LC Romanization rules to create the transliterated text. Romanization tables showing these rules, for languages from Amharic to Vai, are available to the public through the Library of Congress’s website: http://www.loc.gov/catdir/cpso/roman.html.

Want to learn more about how Romanization works for non Latin/Roman alphabet-language materials in libraries?  Check out these resources:

Israeli Supreme Court Decisions

English-language translations of opinions from the Israeli Supreme Court are popular with many legal researchers. The Harvard Law School Library has a quick guide on options for finding these at http://guides.library.harvard.edu/IsraeliSupremeCourt.

A new database of translated Israeli Supreme Court decisions, VERSA: Opinions of the Supreme Court of Israel, has recently been launched by Cardozo Law School.  This database provides free online access to “hundreds of translated cases.”  Cardozo’s Israeli Supreme Court Project (ISCP) will continue to provide additional translated opinions to the database.  VERSA also includes information about ISCP research projects and events.

VERSA

German Corporate Law: New Bilingual Resource

One of the law library’s newest bilingual acquisitions is Standardvertragsmuster zum Handels- und Gesellschaftsrecht: Deutsch-Englisch (German-English Standard Forms and Agreements in Company and Commercial Law), by Dr. Dieter Stummel.  It is available in print in the law library under the call number KK2052.2 .S78 2015.

The 2015 5th edition includes many examples of documents that modern companies need to conduct their business under Germany’s corporate laws. These include registration applications, distribution and licensing agreements, corporate agreements and documents, sales and purchase agreements, real estate agreements, loan agreements, and employment agreements.  It also includes a selection of sample arbitration clauses.

The book uses a dual-column format, with the German text in the left column and its corresponding English text directly next to it in the right column:

 

 

 

 

 

 

 

 

 

 

 

This helpful dual-column format can also be found in some online language sources.  A great example of this is the Linguee online legal dictionary.  This source, which is available for German and more than 20 other languages,  is especially helpful if you are trying to understand a legal term in a particular context.  When you search for a term, the results list includes excerpts from legal and other texts that include the term you entered.  A translation is provided for each excerpt directly in the corresponding column position.

 

 

 

 

 

 

 

 

 

 

Check out the law library’s German Law Research Guide for more information about researching the German law.

852 RARE: Hiding in Plain View – Price caps on Spanish books

Earlier this year Historical & Special Collections acquired a 1571 edition of the Spanish bishop and jurist Diego de Covarrubias y Leyva’s Clementinae, si furiosus, de homicidio, relectio—a treatise on murder published in Salamanca.

Title page of Clementinae, si furiosus, de homicidio, relectio, 1571

Title page of Clementinae, si furiosus, de homicidio, relectio, 1571

While cataloging it, I couldn’t help but notice a half-size sheet of paper tipped in following the title page.

Tasa insertThe wording looked vaguely familiar, one of the preliminaries that readers usually skips over to get to the main text. But the fact that this slip of paper appeared to be a last minute addition caught my eye. What exactly was it anyway? And how was it related to the phrase at the foot of the title page: “Esta tassado en“?

Detail of the title page: "Esta tassado en"

Detail of the title page: “Esta tassado en”

The slip of paper turns out to be a tasa (or tassa) the maximum retail price allowed for the book. This was established by the powerful Council of Castile and certified by an “escrivanos” (a clerk or notary)–in this case one Domingo de Zavala. The price of books had been regulated by law since the late fifteenth century. This price cap was based on the number and size of sheets of paper used in the production of every book published in Castile, no matter what the topic.

In the case of this slender volume of canon law, the maximum price was three maravedis per sheet. The sheets referred to in this book’s tasa (“cada pliego escripto de molde”) are the printed sheets as they came off the press— not the actual pages in the final product. This is because in the hand-press period (approximately 1455 to 1830) a single sheet, folded and cut, could produce anywhere from two to sixty-four pages, depending on the desired size of the finished book.

Unlike the tasa inserted into this copy of Covarrubias’ work, most tasas, sometimes combined with licenses, are clearly identified as such:

The license and tasa in "Capitulos generales de las cortes del año de ochenta y seys, fenecidas y publicadas en el de nouenta" (Published in Madrid, 1590)

The license and tasa in Capitulos generales de las cortes del año de ochenta y seys, fenecidas y publicadas en el de nouenta (Published in Madrid, 1590)

Sometimes the tasa is stated simply at the foot of the title page:

Detail from title page of "Reportorio de la nueva recopilacion de las leyes del reyno" (Published in Alcalá de Henares, 1571)

Detail from title page of Reportorio de la nueva recopilacion de las leyes del reyno (Published in Alcalá de Henares, 1571)

Perhaps the latter option was the original intention in Covarrubias’ 1571 edition …

Esta tassado en… but for reasons unknown the maximum retail price established for the book was never added so the separate tasa statement needed to be inserted after printing.

In addition to capping book prices, the Council of Castile had a firm hand on the business of publishing and printing books in other ways. This included the issuing of licenses to publish, privileges (the right to reprint), censorship, and other forms of governmental oversight. The Spanish book trade continued to be tightly regulated well into the eighteenth century, but the tasa for books was discontinued in 1763, early in the reign of Carlos III, King of Spain.