I was pleased to welcome about 30 freshmen from Yale's Directed Studies program to the Paskus-Danziger Rare Book Room on November 4. They were accompanied by three of the Directed Studies faculty: Edwin Duval (French), Paul Freedman (History), and Justin Zaremby (Yale College and Law '10).

Directed Studies provides an interdisciplinary study of Western civilization to 125 selected Yale freshmen via three year-long courses -- literature, philosophy, and historical & political thought -- that focus on the central texts of Western civilization.

We viewed several books and manuscripts from among the foundational texts of European and English law, and how these texts shaped and were shaped by legal education. From Europe there was a 13th-century compilation of the Institutes, Code, and Novels of Justinian, and a 14th-century manuscript of the Clementines from the Corpus Juris Canonici, which show the development of the gloss as an outgrowth of the law lectures at the university in Bologna. The Institutes themselves had been promulgated by the Roman emperor Justinian in the 6th century as a textbook for learning Roman law. Likewise for canon law, the Decretum of Gratian was not merely a compilation of papal legislation, but a tool for teaching canon law at Bologna. Early printed editions of Justinian's Institutes (1516) and the Liber Sextus (1514) show how the structure of text-and-gloss shaped the layout of early printed law books. Legal humanists later stripped away the medieval gloss, but an 18th-century scholar replaced the gloss with his own study notes in an interleaved copy of the Institutes.

University-trained jurists in Europe had to plow through every line of Justinian's texts or the Corpus Juris Canonici to earn their doctorates in law. In England, by contrast, lawyers did not study English common law in universities but at the Inns of Court, and they did not study foundation texts as the Europeans did. On view for the students was one of our two 13th-century manuscripts of Bracton, the text that tried to do for English law what Justinian's Institutes did for Roman law, but failed. Education in the common law was practice-based; students attended hearings in the royal courts and studied cases from the Year Books, the anonymous medieval case reports that focused on procedure rather than outcomes. The first text written for English law students was Littleton's Tenures, a little treatise on land law that ws reprinted over seventy times across four centuries. Sir Edward Coke's commentary on Littleton once again adapted the device of the gloss, with Coke's dense and learned notes almost swallowing up Littleton's original text. The copy of Coke on Littleton (1633) that the students viewed has additional layers of extensive manuscript notes, attributed to the English author Samuel Butler (1612-1680), author of a best-selling satire on the Puritans, Hudibras, and Butler's patron William de Longueville (1639-1721).

The book that revolutionized common-law legal education, especially for do-it-yourself'ers in the early United States, was Sir William Blackstone's Commentaries on the Laws of England, the first book to give a comprehensive overview of English law in prose that an educated layman could digest. On view for the students was the 1790 edition of the Commentaries printed in Worcester, Mass., by the pioneering American printer Isaiah Thomas, as well as a student notebook (New England?, 1810?), where the student's geography notes are followed by "Questions and Answers upon Law: Blackstone's Commentaries."

My thanks to Justin Zaremby for organizing this visit. The students enjoyed the chance to see the books up close and actually handle them. Let's do it again!

MIKE WIDENER
Rare Book Librarian

 

... Benjamin Yousey-Hindes of Stanford University. Congratulations, Ben!

I am doubly pleased to announce this award: first because Professor Morris Cohen is the Director Emeritus of the Lillian Goldman Law Library, and a friend & mentor to so many of us in the rare law books community; and second because Benjamin Yousey-Hindes has done splendid work for the Rare Book Collection. He co-curated our exhibit, The Flowering of Civil Law: Early Italian City Statutes in the Yale Law Library, and is presently preparing a second exhibit, scheduled for Spring 2010, which will showcase volumes in our collection that incorporate recycled manuscript fragments in their bindings.

The award is sponsored by the Legal History & Rare Books Special Interest Section (LHRB-SIS) of the American Association of Law Libraries. Ben's winning paper is "A Case Study of Canon Law in the Age of the Quinque compilationes antiquae: The Trial for Balaruc," which I'll let him describe:

The "Trial for Balaruc" is based almost entirely on a collection of documents that were assembled by the medieval bishops of Maguelone in southern France. Among these documents is a lengthy set of transcripts from a canon law trial in the 1220s. These trial documents can be used to reconstruct two distinct series of historical events: the physical conflict over the walled village of Balaruc (1222-1226), and the legal process that resolved that conflict (1226-1229) ... In the paper, I not only reconstruct the narrative of the physical and legal struggle over Balaruc, but also show how the parties shaped their arguments and testimony based on emerging canon legal principles such as restitutio in integrum, and coercion by fear and threats. The underlying message in the paper is that researchers must strive to understand the wider juridical context of their legal sources, for sometimes those sources have been shaped by legal debates and norms that are not overtly articulated in the sources themselves.

See the complete interview with Ben in the Summer 2009 issue of LH&RB, the newsletter of the LHRB-SIS. Ben is a doctoral candidate in medieval history at Stanford University, and plans to pursue a career in rare book librarianship. He definitely has the instincts for a good librarian; see his Internet Sources for Medieval History website.

The formal presentation of the Morris L. Cohen Student Essay Prize took place July 26 at the Jacob Burns Law Library, George Washington University, as part of the AALL annual meeting in Washington, DC. Thanks to Scott Pagel, director of Jacob Burns Law Library, for hosting a wonderful reception.

MIKE WIDENER
Rare Book Librarian

 

(L-R) Karen Beck (Boston College Law Library), Katherine Hedin (University of Minnesota Law Library), Jennie Meade (George Washington University Law Library), Mike Widener (Yale Law Library), Benjamin Yousey-Hindes (Stanford University), and Joel Fishman (Duquesne University Law Library). Karen is the outgoing chair of the LHRB-SIS, Katherine & Jennie are co-chairs of the Morris L. Cohen Student Essay Competition, and Joel was one of the primary instigators in establishing the prize. Photo by Kasia Solon, Rare Books Librarian, Jacob Burns Law Library.

Close to 30 students from the Scuola Superiore Sant'Anna in Pisa, Italy toured the Paskus-Danziger Rare Book Room on March 4, 2008, during their visit to the Yale Law School. The students are jointly enrolled in the legal studies program at the University of Pisa.

After viewing our exhibit, The Flowering of Civil Law: Early Italian City Statutes in the Yale Law Library, they came into the Rare Book Room to see more of our Italian legal treasures. These included one of the first books printed in Naples, Tractatus seu apparatus de testibus by Albericus de Maletis (1471); a collection of portraits of early Italian jurists, Antoine Lafrery's Illustrium jureconsultorum imagines (1566); Friar Paolo Attavanti's Breviarium totius juris canonici (Milan, 1479), the first printed book with a portrait of the author; Antonino Ganini's Il legista versificante (Naples, 1752), an elementary legal textbook in verse; Comentario sul codice criminale d'Inghilterra (Milan, 1813), an Italian translation of Book IV of Blackstone's Commentaries; and Nuovo codice della strada (Milan, 1959), the Italian traffic code with humorous cartoons by the French illustrator Albert Dubout.

We had a great time. Thanks to all those who made the visit possible: Marina Santilli (Senior Research Scholar, Yale Law School); Caterina Sganga and Andrea Bertolini (LLM students at Yale Law School and graduate students at the Scuola Superiore Sant'Anna); and my Law Library colleagues Teresa Miguel, Dan Wade, Ryan Harrington, and Evelyn Ma.

MIKE WIDENER
Rare Book Librarian

Ten students from the Yale Law School's Linkages Program visited the Paskus-Danziger Rare Book Room on February 4. These law students from Argentina, Brazil and Chile spend three weeks participating in classes, conducting research, presenting papers, and taking field trips.

Their stop in the Rare Book Room was part of a tour of the Lillian Goldman Law Library. Among the items they saw was a fascinating Spanish incunable, Ordenanzas Reales de Castilla (Salamanca, 1500), in which an early owner used doodles to visually index the laws. They also saw the oldest item in the collection, which is two fragments of an illuminated 11th-century manuscript, recycled as binding material for our copy of the Flos testamentorum by Rolandinus de Passageriis (Padua, 1482), a guide to drafting wills.

To all our colleagues in the Linkages Program, ¡Bienvenidos!

MIKE WIDENER
Rare Book Librarian

I presented examples from our canon and Roman law collections to the 40 students in Professor James Whitman's "Western Legal Tradition" class on March 31, 2008. The books represented many of the major genres of European legal literature from the medieval and early modern periods. They included a medieval canon law manuscript (the Clementines, 14th century); an early incunable of Justinian's Institutes (Institutiones Justiniani, Basel 1476, with an early reader's tree diagram of Roman law concepts), an early German translation of the Institutes (Frankfurt 1536, the only U.S. copy in WorldCat), Azo's famous commentary on the Code (Lectura Azonis, Paris 1581), Bartolus' Consilia, or legal opinions (Venice 1590), an early guide to court procedure (Ordo iudiciarius, Paris 1515), a potpourri of legal texts for students and practitioners (Modus legendi abbreviaturas : Tractatus iudiciorum Bartholi : tractatus renuntiationm beneficiorum in publicis instrumentis : processus Sathane : ars notariatus, Cologne 1505), and finally, a charming little study guide for law students (Repertorium Aureum, Cologne 1495), which contains a mnemonic poem to help students memorize canon law texts.

Thanks to Professor Whitman for the invitation, and to the students for their questions and interest. I had a great time, and I learned a lot as well. Highly recommended: Whitman's article, "A Note Note on the Medieval Division of the Digest," 59 Tijdschrift voor Rechtsgeschiedenis 269 (1991).

MIKE WIDENER
Rare Book Librarian

Professor James Whitman and two students from his "Western
Legal Traditions" class examine the Lectura Azonis (1581).