852 RARE: Guest Blog: Reading the Law

In addition to Historical & Special Collections’ monthly 852 RARE posts on Et Seq., we are proud to present occasional posts from guest bloggers who bring a unique perspective to the collection. Today’s post is written by Dorothy Africa, from the Preservation, Conservation, and Digital Imaging unit of the Harvard Library.

Primum volumen [-volumen XVII] tractatuum ex variis iuris interpretibus collectorum, Lugduni, 1549.  HOLLIS no. 12059849

The History of the Set

In Lyon in the early 1540s three printers, members of a local group of book men, embarked on an ambitious publication venture, a collection of legal treatises by learned jurists on the ius commune (Roman and canon law, and the two combined). For the three, Thomas Bertheau, Pierre Fradin, and Georges Regnault, such a huge printing project, even in a printing center like Lyon, was an enormous financial gamble requiring a large advance of capital in materials and labor before any profits could be realized. The three printers completed their project in 1549, producing seventeen printed folio volumes of treatises, with detailed indices, one of which is often considered volume eighteen. Bertheau and Regnault contributed the largest number of printed volumes; six from Bertheau, five from Regnault, and three from Fradin. Of the three remaining anonymous volumes, one was probably printed by Bertheau, for it has his printer’s device at the end, a lame beggar standing at a mile marker with the motto ‘Know thyself” in Greek and Latin. These are handsome volumes printed in columns with some large decorative capitals, but using no colors. Some of the columns at the end of works are filled in with short aphorisms, verses, and legal precepts. The project received a royal license for publication dated September 10, 1548, and a term of exclusive sale for six years from the French King Henry II (1519-1559) to “Guillaume Regnault merchant Líbraíre de Lyon”, probably a close relative of Georges Regnault.

Detail of roll illustrating the covers of Harvard's copy of the set Below an image of Adam and Eve holding the apple is the word"Peccatum," Latin for sin. HOLLIS no.12059849

Detail of roll decorating the covers of Harvard’s copy of the set.
Below an image of the snake in the tree and Adam and Eve holding the apple is the word “Peccatum,” Latin for sin.
Volume 2, HOLLIS no.12059849

About the Harvard Law School Library Copy

The Harvard Law School Library purchased its copy of the set in 1912 from a Dutch book dealer. The full set is bound in ten handsome volumes in the German style. They have spines of finely blind tooled alum taw, blind stamped “1555” on the exterior tail of the front board, and front bead end bands nicely worked in two colors (now very faded, but dark and light). The volumes have thick cardboard underneath covered with vellum manuscript waste. Among the tools used to decorate the alum taw spines is a most distinctive roll illustrating Salvation history in four panels; first is a portrayal of Adam and Eve holding the apple labeled ‘sin’; then a panel of Abraham about to sacrifice Isaac ‘faith’; then the Crucifixion ‘satisfaction’; and finally the risen Christ ‘justification’. The roll shows Christian Salvation as a legal process in which a crime is followed by due recompense. Such a view was set out in Catholic theology by St. Anselm (1033-1109), but the inclusion of faith as a justification for human salvation was a key tenent for Martin Luther (1483-1546). The manuscript waste on the boards is taken from a variety of late medieval liturgical and religious manuscript books; most are texts for Lent, Easter and Pentecost, but on the back board of volume four is an abbreviated text of a folkloric tale called “Bel and the Dragon”.

 Evidence of Former Use (or Owners)

The set bears the book plate of a former owner, Christoph Wentzel (1643-1712), Graf von Nostitz (near Weissenberg in Saxony). How many of the markings were his or other owners’ cannot be determined, but the volumes have numerous underlining, corrections, and textual insertions throughout. This and the presence of large amounts of debris such as bits of paper, straw, feathers, pen nibs and the like provide ample evidence of long life and heavy use for these volumes. Certainly the concentrated underlining and inserted marks of emphasis in set volume ten to several treatises on the use of torture in the course of judicial proceedings would accord well with the period of the Reformation following the Treaty of Augsburg in 1555, the very year in which the HLSL set was bound. This treaty left the establishment of religion (only Catholicism and Lutheranism were recognized) to the ruler of each individual principality. Those citizens finding themselves living in areas under a church different from their own could relocate, but transferal of property, especially ecclesiastical property, and proving ownership of such property, was a tricky and contested undertaking. In short, it was a great time for lawyers, who must have welcomed the publication of this collection.

Casebooks and the First Sale Doctrine

What’s going on with casebooks and the first sale doctrine? If you’re a law professor or student, you may have heard rumblings last week about a new program from Wolters Kluwer’s AspenLaw called the Connected Casebook. Under the initial proposal, print casebooks would come with long term access to a digital edition with note taking and highlighting tools. In exchange, students would be required to return their print books to Aspen at the end of the term and forbidden from reselling or giving them to other students. Aspen has since backpedalled, but this arrangement is still an option.

You can read more about what happened and why this potential encroachment on the first sale doctrine is problematic in my guest post at the American Association of Law Libraries’ Washington Blawg.

While the suggestions there are intended more for law librarians, another thing you can do to help is to use and request open casebooks. There are a couple open casebook platforms (as well as some individual open casebooks), including HLS’s own H2O. 

Summer Access to Legal Research and Other Databases

Got questions about using your Bloomberg, Lexis, or Westlaw accounts over the summer?  Here’s what you need to know about using each of the legal research databases.

BLOOMBERG LAW
If your workplace has a Bloomberg Law account, you are expected to use that, but there are no restrictions on your HLS Bloomberg accounts over the summer. Need an account? Just sign up with your HLS email address.

LEXIS 
No registration for summer access is required if you already have a registered Lexis Advance ID.

Students will have unlimited access to be used for academic, as well as Summer Associate, Internship and Clerkship purposes. If you aren’t registered on Lexis Advance yet, you will need to be in order to access Lexis.com as well as Lexis Advance to conduct legal research. Graduating 3Ls will have the same unlimited access to Lexis Advance through July 31st, 2013.

For questions and assistance, please contact our Lexis rep, Karen Gray.

WESTLAW
Current students (rising 1Ls and 2Ls) may extend the access on their student Westlaw passwords for the summer if you are:

  • taking summer law school classes, study abroad, or finishing a paper
  • currently a member of a law review/journal and working on law review projects during the summer
  • working for a law school professor
  • working on moot court projects
  • doing an unpaid private non-profit (non-government) intern/externship or pro bono work required for graduation

Law school student passwords may not be used for government offices or agencies, law firms, corporations or other purposes unrelated to law school academic work.

To extend your password for summer access, click on the “Request a Password Extension” link after signing in on the lawschool.westlaw.com page. If you have any questions on the summer access extension, please contact our Westlaw rep, Kimberly Kenneally.

QUESTIONS?
If you have questions about summer access, or any research-related questions over the summer, you can always contact the library. Our full contact details are available at Ask a Librarian.

And of course you also have full access over the summer to most other library resources at Harvard simply using your HUID and PIN. So if you need JSTOR, HeinOnline, Academic Search Premier or the like, you’re all set!

852 RARE: Harvard, Al Brown, and the Wickersham Commission

In May 1929, President Herbert Hoover formed the National Commission on Law Observance and Enforcement, more commonly known as the United States Wickersham Commission (after the chairman, George W. Wickersham) and charged its members with studying the problem of the enforcement of laws – with special attention to be given to the problems and abuses stemming from the Prohibition laws. (Prohibition was enacted under the Volstead Act and lasted from 1920 – 1933.)

Detail of Prohibition Map by Stanley Shirk United States Wickersham Commission Records, box 1-3

Detail of Prohibition Map
by Stanley Shirk
United States Wickersham Commission Records, box 1-3

The United States Wickersham Commission Records, 1928-1931, part of Historical & Special Collections at the Harvard Law Library, contains correspondence, reports, and collected research materials. Examples of research material include government circulars with titles like, “How to Take Fingerprints” and the “Effect of Prohibition Law on Workers and Families.”

Of course, when most people think of Prohibition, they think of gangsters and the most famous gangster of the day was Al Capone. He is mentioned (by his alias, Al Brown) in a March 1927 confidential letter written by two Special Agents to the Treasury Department in which they outline possible corruption among Prohibition agents. They noted, “…keeping the place under surveillance… and also the license number of the automobiles used by gangsters associated with Al Brown…”. In May 1932, Al Capone was sent to a federal prison in Georgia to serve 11 years for tax evasion.

Detail from August 12, 1927 report United States Wickersham Commission Records box 1-3

Detail from August 12, 1927 report
United States Wickersham Commission Records
box 1-3

The investigative work of the Commission was both broad and comprehensive. An example of this is a report sent to Wickersham that showed the extent to which Prohibition was affecting drinking among college undergraduates. Harvard was included in this report, which noted that Prohibition had little effect on the drinking habits of undergraduates.

The Law Library also holds the Papers of Miriam Van Waters who was asked by the Commission to make a study of juvenile delinquency. Other collections containing research on this topic include the Papers of Sheldon Glueck and Papers of Eleanor T. and Sheldon Glueck.

Our German Law Research Guide is all new!

GermanFlag_LargeAs of this week, the law library’s research guide for German law has a brand new look, as well as lots of new content.

The guide includes information about using print and electronic materials to research German legislation, case law, and legal secondary sources, such as statutory commentaries and journals.

In addition, illustrated research examples (with English-language explanations) are provided for the law school’s major German law subscription databases, Beck-Online and Juris.

Check it out at http://guides.library.harvard.edu/GermanLaw.

New eResources at Harvard

The Harvard Library has an astounding amount of resources, with new titles coming in every day!  For help efficiently navigating it all, make a time to meet with a librarian or contact the Reference Desk.

New resources at Harvard

American Indian Histories and Cultures

Manuscripts, artwork and rare printed books dating from the earliest contact with European settlers; with treaties, speeches and diaries, andd travel journals.

Cambridge Edition of the Works of Ben Jonson Online 

Jonson’s complete writings;  and comprehensive body of essays and archives necessary for full study of Jonson’s life.

Digital Innovation South Africa

Scholarly resource focusing on the socio-political history of South Africa, particularly the struggle for freedom during the period  from 1950 to the first democratic elections in 1994.

Gallup Analytics     

Data from countries representing 98% of the world’s population; access Gallup’s U.S. Daily tracking and World Poll data to compare residents’ responses on topics such as economic conditions and education.

Oxford Encyclopedia of Theatre and Performance

Authoritative information on theatre and performance from ancient Greek theatre to the latest developments in London, Paris, New York, and around the globe; covers dance, opera, radio, film, television, and popular performance.

Oxford Handbooks Online / Music 

Scholarly books (online) contain essays written by the foremost scholars in music.

Palgrave Encyclopedia of Strategic Management 

Strategic management is an emerging field with loosely defined concepts and boundaries; this encyclopedia seeks to give the field some definition.

Psychoanalytic Electronic Publishing Archive [PEP]

An archive of the entire psychoanalytic literature in English, along with foreign and international journals.

SRDS (Kantar Media)

Circulation data and advertising rates for U.S. publications; market demographics and lifestyle market analysis – with info on attitudes toward sports, travel and leisure.

852 RARE – Spanning the Centuries: An Exhibit of Recent Acquisitions, 1579–1868

With a vast and rich collection of materials spanning ten centuries, Historical & Special Collections (HSC), in the Harvard Law School Library, is a treasure trove for those interested in tracing the history and development of the law, legal education, law practice, and the history of Harvard Law School. Part of HSC’s mission is to collect these materials in a wide variety of formats, including printed books, handwritten manuscripts, paper and electronic documents, portraits, photographs, drawings, and artifacts. Another key part of our mission is to preserve these materials and make them freely available for research through cataloging, processing, and digitization.

On view are some of our recent acquisitions. Case 1 showcases books and bound manuscripts that provide clues about who owned them and how they were used, while Case 2 features the latest additions to our true crime collections.

This exhibit was curated by Karen Beck, Historical & Special Collections. It will be on view through August 22, 2014 in the Caspersen Room, Langdell Hall, weekdays 9 to 5.

HLS Library Spring Faculty Book Talks Now Available on YouTube!

In case you missed the HLSL spring faculty book talk series, videos of the book talks are now available on the Library’s YouTube Channel.

Critical Decisions in Negotiation, DVD Set

Robert Bordone, Feb. 18, 2014

With panelists Chad Carr and Michael Wheeler

Innovations in Refugee Protection:  A Compendium of UNHCR’s 60 Years Including Case Studies on IT Communities, Vietnamese Boatpeople, Chilean Exile and Namibian Repatriation

Luise Druke, Mar. 6, 2014

With panelists Christianne Lemke, Palmer Lawrence, Heidi Matthews and Elizabeth Maroney

The Democratic Foundations of Policy Diffusion:  How Health, Family and Employment Laws Spread Across Countries

Katerina Linos, Apr. 1, 2014

With panelists Beth Simmons, Noah Feldman and Amartya Sen

The Constitution of Risk

Adrian Vermeule, Apr. 8. 2014

With panelists Richard Fallon, Cass Sunstein and Mark Tushnet

Helping Traumatized Children Learn, Vol. 2:  Creating and Advocating for Trauma-Sensitive Schools

Susan Cole & Mike Gregory, Apr. 10, 2014

With Co-authors Anne Eisner and Joel Ristuccia, and panelists Mary Curtis, M. Geron Gadd, Betsy McAlister Groves and Salvatore Terrasi.

Why Nudge?: The Politics of Libertarian Paternalism

Cass Sunstein, Apr. 14, 2014

With panelists Iris Bohnet, Richard Fallon, Frank Michelman and Sendhil Mullainathan

HLSL is currently looking for authors for the fall 2014 and spring 2015 book talk series.  Please contact June Casey (jucasey@law.harvard.edu) if you are interested in having HLSL host a book talk for you.

Book Talk: Klemen Jaklic, Constitutional Pluralism in the EU, Wednesday, May 14 at noon

The Harvard Law School Library staff invites you to attend a book talk and panel discussion in celebration of Klemen Jaklic’s recently published book, Constitutional Pluralism in the EU.

Klemen Jaklic is a legal scholar and is currently a Democracy Fellow at the Harvard Kennedy School Ash Center for Democratic Governance and Innovation. After his first law degree, he earned his masters (LL.M.) and doctorate (S.J.D.) in law from Harvard Law School, and another doctorate in law (D.Phil.) from Oxford University. He has been teaching at Harvard in various roles since 2008 in the fields of European integration and EU law, human rights, justice, ethics, constitutional law & theory, and democracy. He was awarded several teaching excellence awards by Harvard and was appointed Lecturer on Law at Harvard Law School (spring 2012) where he taught his course on Europe and Democracy. His current research focuses on European constitutionalism and the future development of the idea of democracy in the context of a just global order.

jaklic draft

“Where does the law and political power of any given territory come from? Until recently it was believed that it came from a single and hierarchical source of constitutional authority, a sovereign people and their constitution. However, how can this model account for the new Europe? Where state constitutions and the European Constitution, which are ultimately equally self-standing sources of constitutional authority, overlap heterarchically over a shared piece of territory.

Constitutional pluralism is a new branch within constitutional thought that argues sovereignty is no longer the accurate and normatively superior constitutional foundation. It instead replaces this thought with its own foundation. It emerged on the basis of contributions by the leading EU constitutionalists and has now become the most dominant branch of European constitutional thought. Its claims have also overstepped the European context, suggesting that it offers historic advantages for further development of the idea of constitutionalism and world order as such.” — Oxford Univ. Press

Book talk panelists include:

HLS Professor Frank I. Michelman, Robert Walmsley University Professor, Emeritus.

Professor Vlad Perju, Director of the Clough Center for the Study of Constitutional Democracy at Boston College Law School.

Wednesday, May 14, 2014, 12:00 noon.

Harvard Law School, Lewis International Law Center, Room 214A.  (Directions).

Sponsored by the Harvard Law School Library.

Free and open to the public.  Lunch will be served.

Join us! HLS Library Seeks Applied Research Statistician

The Harvard Law School Library is currently seeking a full-time, permanent Applied Research Statistician to consult with and provide empirical research support to HLS faculty as well as other members of the HLS community.

Basic qualifications:

  • Ph.D., M.A., or M.S. in Statistics; or Ph.D in Social/Behavioral Science with emphasis on quantitative/statistical methods.
  • Knowledge of Stata and R required.
  • Familiarity with regression, logit, and probit models.
  • Experience in application of quantitative methods to social science and/or legal data.

Interested or know someone who might be? See full functions and responsibilities and how to apply here. (If the link doesn’t work, visit Employment@Harvard and search for auto req ID 32332BR.)