New Books and Journals • Et. Seq: The Harvard Law School Library Blog

AALL Conference; Lex Baioariorum – Law of Bavaria

I will be joining several of my colleagues at the annual American Association of Law Libraries (AALL) conference in Baltimore this year, which begins on Sunday.  I missed last year’s conference, so I am really looking forward to connecting with my law library colleagues from all over the country.  I’ll be posting about a few of the conference programs on the DipLawMatic Dialogues blog, which is maintained by AALL’s Foreign, Comparative, and International Law Special Interest Section (FCIL-SIS).

Before heading out to the conference, I wanted to write a quick post about a fascinating little book related to Bavarian historical law that I found in our collection recently:

Lex Baioariorum: Das Recht der Bayern
Roman Deutinger (Ed.), 2017
http://id.lib.harvard.edu/alma/990150173540203941/catalog 

This is a bilingual Latin-German version of the Lex Baioariorum, which is the law that was in place in Bavaria during the early middle ages. As my Latin is a little, well, insufficient to get through a text like this, I am so grateful that Dr. Deutinger took the time to translate and publish this book.

This code is divided into 23 subjects, and has a total of 270 chapters.  Its content includes “regulations for every possible aspect of human co-existence and the conflicts that could arise within it” (“Regelungen zu allen möglichen Bereichen des menschlichen Zusammenlebens und zu den Konflikten, die sich dabei ergeben können”) – everything from religious institutions and family relationships to personal injuries, criminal offenses, and the ownership of property.

Within the code, there are separate sanctions defined for offenses against “free people, liberated people, and slaves.”  Penalties are defined in great detail.  For example, hitting a free person on the nose results in a penalty of nine Schillings, whereas a strike to a free person’s ear meant only a three-Schilling penalty.  The latter was one of a host of penalties related to the ears of free people: cutting off a free person’s ear meant a 20-Schilling fine, but that penalty was doubled to 40 Schillings if the action resulted in an injury severe enough to render the person deaf.  If, however, you committed a similar action that resulted in a slave’s deafness, the fine was only four Schillings.

I spent my recent professional development leave at a university in what is today the German state of Bavaria, which is a beautiful area full of castles that has interesting and rich history and traditions.  Unfortunately, I was not able to take a course on the legal history in Bavaria, which is a shame because I think I would have enjoyed it a lot.

In any event, I hope to explore our library’s resources related to Germany’s legal history in more detail in future posts.

Spotlight on Recently-Published Titles on African Constitutionalism

Several recently-published books on African constitutionalism in our collection caught my eye this week. I admit that I don’t really know much about this topic, but it strikes me as massive, likely made up of many varying and diverse philosophies and viewpoints. So I was interested in exploring its recent scholarly treatment.

In this post, I will focus on the two books that are part of a new Oxford University Press series, the Stellenbosch Handbooks in African Constitutional Law.  This series, edited by Professor Charles Manga Fombad of the Faculty of Law at the University of Pretoria in South Africa, is “designed to avoid a mere repetition of the now well-rehearsed concerns and doubts about constitutionalism on the continent and instead to identify, analyse, and promote serious discussion on the critical issues that can shape, refine, and deepen the strides being taken towards consolidating constitutionalism in Africa.”

The first book in the series, Separation of Powers in African Constitutionalism (ISBN: 9780198759799), was published in 2016.

Part I of the book contains two extremely helpful and informative introductory chapters, both written by Professor Fombad.  The first chapter offers a historical overview to African constitutionalism that catalogs and explains its many influences, including colonialism (accompanied by the implementation of common law and civil law legal systems), political ideologies (democracy, socialism), religion, and indigenous institutions.  It also includes illustrative examples from the constitutions of several jurisdictions, including Cape Verde, South Africa, Tunisia, Egypt, Burundi, Zambia, Botswana, Malawi, Cameroon, and many others.  It concludes with a discussion of the influence of the Organisation of African Unity (OAU), which later became the African Union, and the adoption of the African Charter on Human and People’s Rights.  Chapter two provides a general overview of how the concept of the separation of powers manifests itself in African constitutions, as influenced by the American presidential system, the British parliamentary system, and the French “hybrid” system.

Part II of the book includes chapters that focus more narrowly, either on a specific issue related to the separation of powers (such as power sharing between the branches, the role of the judicial branch, and government accountability), or on a specific jurisdiction (Kenya, Nigeria, Ethiopia, and Namibia) or group of related jurisdictions (Lusophone, Francophone, and Anglophone Africa).  Part II focuses bit more heavily on sub-Saharan Africa than Part I, but it still provides an extensive analysis of the jurisdictions that are covered.

The second book in this series, Constitutional Adjudication in Africa (ISBN: 9780198810216), was published in 2017.

As with the first book in the series, Professor Fombad provides a very helpful introductory chapter that provides an overview of constitutional review in Africa.  He begins by distinguishing between the “decentralized” and “centralized” models of constitutional review.  According to Professor Fombad, under the decentralized view, as explained in the U.S. Supreme Court’s decision in Marbury v. Madison, “constitutional matters are dealt with by ordinary courts during normal proceedings.”  (p. 20) By contrast, the centralized model, as developed in Europe by Hans Kelsen, features constitutional adjudication that is “carried out by a centralized, often specialized, tribunal established independently outside the judicial branch during special proceedings.” (p. 21)  The chapter then discusses how these models have been employed and adapted in African jurisdictions, providing, as a means of illustration, a comparative study of judicial review in Benin and South Africa.  The chapter concludes with information about access to and remedies provided by courts in African jurisdictions that have jurisdiction over constitutional matters.

This introductory chapter is followed by several chapters that focus on constitutional jurisprudence in specific African jurisdictions, including Benin, Cameroon, Angola, Ghana, Nigeria, South Africa, and Ethiopia.  There are also chapters discussing the impact of transjudicialism on constitutional adjudication, including the effects of international law norms and the work of regional and sub-regional courts in Africa.

Another chapter expands on the influence of Ubuntu (“the belief that the well-being of the individual and that of the community are inextricably linked – that one cannot exist without the other … (and that) the well being of the community is inextricably linked to a harmonious relationship with both its ancestors and with nature” (p. 294)) on constitutional adjudication in Africa.

Finally, Professor Fombad’s conclusion explores the further development of constitutional justice in Africa in the future.

As with the first book in the series, the focus here seems to rest on sub-Saharan African countries.  However, these two books provide an excellent broad introduction to this topic.  The content of these books is extensively annotated, providing citations to many other books and articles that researchers can use to perform a deeper dive into this subject.  Both books also include tables of cases and legislation.

I am glad that Oxford University Press is publishing this series, and I am looking forward to exploring its future volumes as they are released.

Note:
To explore other books in our collection related to African Constitutionalism, click here to search the HOLLIS library catalog by this subject.

Digital Wall Street Journal access is here!

Front page of the first issue of the Wall Street Journal, Wikimedia commons

We’re happy to announce that HLSL has, in collaboration with the Harvard Library, secured a subscription to the digital Wall Street Journal. Digital membership is available to all current Harvard faculty, students and staff, and includes unlimited access via WSJ.com or the WSJ app. Use this link to sign up for an account.

If you need technical assistance with the sign-up process, please contact the WSJ directly at 1-800-568-7625 as they will be better able to assist you with the sign up process.

For information about Harvard access to FT.com, NYTimes.com, Mass Lawyers’ Weekly, historical WSJ, other popular newspapers, and getting started with newspaper research at Harvard, visit our guide to newspapers for the HLS community.

What’s new on HeinOnline?

HeinOnlineLogoIf you use HeinOnline, you’re probably well aware of its comprehensive Law Journal Library and U.S. Congressional Documents, but there’s so much more. Here are highlights of new databases and other content that Hein added and updated in 2016.

HeinOnline is available to everyone at Harvard, not just HLS, so if you’re researching history, government, and related topics these resources are accessible to you too!

Note: descriptions of resources come from HeinOnline and have been lightly edited

National Survey of State Laws 7th Edition & Database
The new edition and database version of National Survey of State Laws provides an overall view of some of the most sought-after and controversial legal topics in the United States. The book and database are presented in chart format, allowing users to make state-by-state comparisons of current state laws. Additionally, database enables users to compare laws among specified states and previous editions. This database will be updated at least twice annually, ensuring up-to-date and accurate information.

UNC Press Law Publications
In May, HeinOnline reached an agreement with the University of North Carolina (UNC) Press to include nearly 150 law-related publications both within their own unique database and throughout existing collections. UNC Press was the first university press in the South and it has earned national and international recognition for excellence in publishing. The collection, which became available in September, includes both current and historical titles, with many available as full-color, image-based PDFs.

Slavery in America and the World: History, Culture & Law
This significant collection brings together a wealth of legal materials on slavery in the United States and the English-speaking world, including every statute passed by every state and colony, all federal statutes, all reported state and federal cases, and hundreds of books and pamphlets on this subject. The collection will continue to grow and now contains nearly 1,200 titles and 870,000 pages, including the prestigious Judicial Cases concerning American Slavery and the Negro by Helen Tunnicliff Catterall. Tools unique to this database include a Slavery Quick Finder, which enables users to select publications based on their position on slavery, document type, jurisdiction, and topic. These categorizations also apply to searching, so it’s simple to refine search results using facets. HeinOnline offered free global access to this brand-new resource.

Preview of United States Supreme Court Cases
The ABA’s Preview of United States Supreme Court Cases provides comprehensive expert analysis of all cases argued before the United States Supreme Court, is now available online exclusively via HeinOnline’s fully searchable, user-friendly platform. Released in October, this database includes complete archives as well as the most current material. In addition, the database version of this title features a case locator tool, access to exact replicas of original case briefs, full print transcripts of cases, links to audio transcripts via Oyez, and citation and summary information for each case.

Provincial Statutes of Canada
This new collection includes nearly 100 titles and 1,500 volumes of public and private acts passed by Canadian provincial governments. Current, revised, and historical coverage is available for Alberta, British Columbia, New Brunswick, Nova Scotia, and Ontario. Revised and historical material only (material not under Crown Copyright) is available for Manitoba, Newfoundland and Labrador, Prince Edward Island, Quebec, and Saskatchewan.

Brennan Center for Justice Publications at NYU School of Law
Publications from New York University’s Brennan Center for Justice were made available in October. The Brennan Center is a nonpartisan law and policy institute that seeks to improve the systems of democracy and justice in the United States. The Center’s work focuses on a wide range of issues, including voting rights, campaign finance reform, racial justice in criminal law, and constitutional protections in the fight against terrorism. The Center considers itself to be a think tank, public interest law firm, advocacy group, and communications hub. Its law and policy scholarship addresses many issues, is largely written by attorneys, and is extensively peer-reviewed by both scholars and legal practitioners.

Other notable additions

  • 50 legal dictionaries from Georgetown’s prestigious collection are in the process of being added to Spinelli’s Law Library Reference Shelf. To date, this collection contains more than 250 legal dictionaries.
  • Buddhism, Law & Society, a new journal published by William S. Hein & Co., Inc., is the first interdisciplinary academic journal to focus on the relationship between Buddhism and the legal world. Buddhism and its many social and legal manifestations are a central area of interest for the journal, as are the state’s legal relations to Buddhist actors, institutions and texts
  • The New York State Comptroller Opinions archive was completed, so coverage of this title is now from inception to current
  • Historical Martindale-Hubbell Law Directories
  • 117 new journals. There are now 2,343 journals in the Law Journal Library, all available back to inception
  • 1,209 new legal classics, for a total of 7,970 titles in this collection
  • 20,128 congressional documents. There are now 51,465 hearings, 20,894 CRS reports, and 5,013 Committee Prints in addition to complete coverage of the Congressional Record and its predecessor volumes
  • 125 new compiled legislative histories to the U.S. Federal Legislative History Library
  • 75 new titles and more than 1.4 million pages to State Reports: A Historical Archive

Want more help with HeinOnline or other HLS Library resources? Contact us or schedule a research consultation!

New Title Spotlight: The Liechtenstein Rules of Arbitration

One of the more recent European jurisdictions to make itself available as an arbitration venue is the Principality of Liechtenstein. In 2010, Liechtenstein amended its Civil Procedure Code (Zivilprozessordnung) to include a number of provisions related to arbitration.

The Liechtenstein Arbitration Association was formed in 2011. Since its formation, this organization has worked to establish Liechtenstein as a desirable forum for resolving disputes through arbitration. One of the means by which the organization’s membership has done this is to create the Liechtenstein Rules of Arbitration.

An English-language commentary on these rules, which includes the text of the rules in both English and French, was recently added to the law library’s collection:

The Liechtenstein Rules of Arbitration (Liechtenstein Rules): A Commentary Including the French Version and Model Clauses
Authors: Felix Dasser and Nicolas W. Reithner
Call Number: KKJ 182.9 .D37 2015
Location: Lewis (ILS) building, first floor

Co-author Felix Dasser is the head of the Ligitation/Arbitration practice team at the Homburger Law Firm in Zürich, Switzerland. He earned his LL.M. from Harvard Law School in 1990.

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

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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: A Controversial Execution in 1818 Edinburgh

In December 1818, Robert Johnston, age 24, was executed for robbing Mr. John Charles of some £600 in pounds and notes, plus a watch key and chain. This single crime, trial, and execution ignited a swarm of controversy – evidence of which can be found in our collections. We recently acquired a pamphlet, Letter to the Magistrates of Edinburgh … with Regard to the Execution of Robert Johnston, which joins several others in our collection that describe the trial and gruesome execution that followed.

Letter to magistrates

Letter to the magistrates of Edinburgh, 1819, HOLLIS 14401279

Opinion diverged about Johnston and the severity of his punishment. Some noted that Johnston, a 24-year-old carter, had repeatedly been in custody on various charges; in fact, he had only been out a few days before robbing Mr. Charles. Others noted that his parents were “honest and industrious,” and pointed out that Johnston had been thrown out of work due to economic distress in Scotland. These writers thought his only choice was to steal or starve.

All agreed that the punishment – execution by hanging – was severe. Other carters had recently committed crimes in Edinburgh; perhaps local magistrates wanted to make an example of Johnston. Citizens interceded on his behalf, to no avail.

On the day of the execution, a noose was slipped around Johnston’s neck, and he mounted a table, which was supposed to drop suddenly at Johnston’s signal. Unfortunately, the table did not drop completely, leaving him half standing and half suspended, struggling. As the crowd realized he was still alive, they urged the attending magistrate to halt the execution. Soon the crowd threw stones at the magistrate, overpowered the police, cut Johnston down, partially revived him and carried him off. The police eventually recaptured him, dragged him to the station, and continued their attempts to revive him before returning him to the gallows. During all this time Johnston appeared conscious but did not speak.

When the execution resumed and the table dropped once again, Johnston continued to struggle for about 20 minutes before finally expiring. The whole gruesome business lasted almost two hours.

Witnesses agreed on the sequence of events, and all were shocked at the inhumane and error-ridden execution. However, they vehemently disagreed about whether the magistrates exercised their duty to ensure a working scaffold and secure a competent executioner. Some blamed the magistrates; others blamed the crowd (which they called a mob) for cutting Johnston down and thereby prolonging his suffering.

Robert Johnston trial account

Authentic account of the trial … of Robert Johnston, 1819, HOLLIS 4390803

Letter to the citizens of Edinburgh

Letter to the citizens of Edinburgh; in which the cruel and malicious aspersions of an “eye-witness” are answered, 1819, HOLLIS 4388450

 

 

 

 

 

 

 

 

 

 

 

For historians of crime and punishment, it is useful to consult materials like the pamphlets here, which offer multiple perspectives, reminding us that there is often more than one “truth.” These pamphlets also shine a light on issues that concerned the populace and the police nearly two hundred years ago. They show that controversy over the death penalty was, and remains, a recurrent theme in other legal systems as well as our own.

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