Rare Books Blog

September 24, 2011

Alciati, Andrea. Opera omnia (4 vols.; Basel: Thomas Guarinus, 1582), vol. 4. Lillian Goldman Law Library.

Where might Ripa have gotten the blindfold? One possible source is Andrea Alciati, a professor of law. His friend Erasmus called Alciati a “shining light of Learning, not only the Law.” Alciati’s 1531 treatise, Emblemata, an anthology of moralizing epigrams to which his publisher added illustrations, was reproduced in some 150 editions. One of the “emblems” (a term he coined) is titled “The good Prince in his Council.” The central figure is wearing a bandage obscuring part or all of his eyes, and his colleagues lack hands. The accompanying epigram reads:

These men without hands who are seated are those by whom justice is administered. They should have well-balanced sense; nothing is received from them in response to a bribe. Their prince, deprived of his sight, cannot see anybody, and he judges by due sentence according to what is said in his ear.

Both Ripa and Alciati likely knew the “Egyptian” allegory “transmitted by Plutarch and Diodorus Sicilus in which the chief justice was shown eyeless in order to illustrate his impartiality, while his colleagues had no hands with which to take bribes.”

“The Remarkable Run of a Political Icon: Justice as a Sign of the Law” is curated by Judith Resnik, Dennis Curtis, Allison Tait, and Mike Widener, and is on display Sept. 19-Dec. 16, 2011, in the Rare Book Exhibition Gallery, Level L2, Lillian Goldman Law Library, Yale Law School.

September 24, 2011

A rare and intriguing portrayal of a two-faced Justice, titled “A Portrait of Worldly Justice,” comes from a popular sixteenth-century guide to civil procedure by the Flemish jurist Joost de Damhoudere. One face is sighted and the other has blindfolded eyes. The face of the sighted Justice looks toward her large sword, held upright in her right hand, while the face of the blindfolded Justice turns toward tipped scales in her left hand.

The sighted face has the well-to-do on its side, while the blindfolded face is turned toward the side with more needy-looking individuals, children included. Those on the sighted side of Justice personify largely negative qualities, such as the two labeled Argentum (Money) and Favor (Favor). Blindfolded Justice faces figures labeled Despectus (Contempt), Miseria (Misery), and Paupertas (Poverty). The legend below suggests the children (one of whom is disabled) are Innocentia (Innocence) and Veritas (Truth).

This imagery is accompanied by more than a dozen explanatory pages, beginning with a quote from Cicero: “Justice is the virtue, by which is granted to each what is his own.” Through this mélange of images and text, Damhoudere detailed his views on both divine and human justice. He explained that many turn to Justice, who is “repeatedly blind and deaf” to just causes.” Justice is “two-faced” – acting in a manner that appears even-handed but dissembling. Where she is “bound by a blindfold,” her eyes are shut to “clemency.” But the text has some ambiguity, for Damhoudere also commented that a “two-faced” Justice signified that she must “attend to each of the parties equally.”

Damhoudere, Joost de. Practique iudiciaire et causes civiles (Antwerp: Iean Bellere, 1572). Lillian Goldman Law Library.

Damhoudere, Joost de. Practycke in civile sacken (Rotterdam: Pieter van Waesberghe, 1660). Lillian Goldman Law Library.

“The Remarkable Run of a Political Icon: Justice as a Sign of the Law” is curated by Judith Resnik, Dennis Curtis, Allison Tait, and Mike Widener, and is on display Sept. 19-Dec. 16, 2011, in the Rare Book Exhibition Gallery, Level L2, Lillian Goldman Law Library, Yale Law School.

September 22, 2011

 

How is it that the figure of a woman, draped, holding scales and sword, has been so widely recognized as a symbol of the law for more than 500 years?

This question is at the heart of the latest exhibit from the Yale Law Library’s Rare Book Collection: “The Remarkable Run of a Political Icon: Justice as a Sign of the Law.” Using images from books printed between 1497 and 1788, the exhibit traces the roots of the iconography of Justice, a remnant of the Renaissance, that remains legible today. The exhibit features eleven volumes from the Law Library’s Rare Book Collection, along with four emblem books on loan from Yale’s Beinecke Rare Book & Manuscript Library.

The shifting attributes of Justice, displayed in the exhibit, reflect the complex relationships between judgment, sight, knowledge, and wisdom. In the 1400s and 1500s, a blindfold on Justice signified her disability; today the blindfold is commonly understood as a sign of justice’s impartiality.

The exhibit is curated by Judith Resnik (Arthur Liman Professor of Law, Yale Law School), Dennis Curtis (Clinical Professor of Law Emeritus, Yale Law School), Allison Tait (Gender Equity & Policy Postdoctoral Associate, Yale Women Faculty Forum), and Mike Widener (Rare Book Librarian). The exhibit draws heavily on Resnik’s & Curtis’ new book, Representing Justice: Invention, Controversy and Rights in City-States and Democratic Courtrooms (Yale University Press, 2011).

The exhibit is on display through December 16, 2011 in the Rare Book Exhibition Gallery, located on Level L2 of the Lillian Goldman Law Library, Yale Law School, 127 Wall Street. The exhibit is open to the public, 9am-10pm daily. The exhibit will also go online here in the Yale Law Library Rare Books Blog.

MIKE WIDENER

Rare Book Librarian

August 15, 2011

Anyone who uses modern American case reports, either print or online, is familiar with “star paging”: “A method of referring to a page in an earlier edition of a book, esp. a legal source. This method correlates the pagination of the later edition with that of the earlier edition” (Black’s Law Dictionary, 3rd Pocket Ed. 2006).

My friend and colleague Fred Shapiro has discovered that the first use of the term “star paging” appears to be in 1850, in the front matter to the 4th edition of Joseph R. Swan’s Treatise on the Law Relating to the Powers and Duties of Justices of the Peace and Constables, in the State of Ohio (Columbus: I.N. Whiting, 1850). A form of star paging, with the original page numbers in [square brackets] became common after 1770: Burrow’s Reports (2nd ed. 1771), Jenkins’ Exchequer Reports (3d ed. 1777), and the 12th ed. of Blackstone’s Commentaries (London, 1793-95) are all early examples. The 1680 edition of Coke’s Reports claims to use a similar system, but there are large gaps in the bracketed page numbers in the margins and one is not sure what to make of it.

However, by far the earliest example of star paging I can find is in a 1596 edition of Year Book cases from the reign of Edward III: Anni decem priores, Regis Edwardi Tertii… (London: Jane Yetsweirt, 1596). Here is an example: the number “20” in the margin between rules is the original page number, and to the left of the number is the ” * ” sign in the text.

I discovered it thanks to a reference in Ian Williams, “ ‘He Creditted More the Printed Booke’: Common Lawyers’ Receptivity to Print, c.1550-1640,” 28 Law & History Review 39 (2010), at 57. Yetsweirt used star paging again the following year in another collection of Year Book cases, but the use of star paging seems to have fizzled out until the later 18th century.

If anyone has evidence of earlier use of star paging, I’d love to hear about it.

MIKE WIDENER
Rare Book Librarian

July 19, 2011

A new book by José Cárdenas Bunsen, Escritura y Derecho Canónico en la obra de fray Bartolomé de las Casas (Madrid: Iberoamericana-Vervuert, 2011), includes several illustrations taken from the Rare Book Collection, including those adorning the cover. The images come from the 1514 editions of the Liber Sextus of Boniface VIII and the Decretals of Gregory IX, issued by the Venetian printer Luca Antonio Giunta.

Bartolomé de las Casas (1484-1566) is considered a pioneer in the campaign for human rights.He participated in the Spanish conquest of Cuba and was shocked by the atrocities that the Spaniards inflicted on the native inhabitants. He eventually entered the Dominican order, was later named Bishop of Chiapas, and spent the last fifty years of his life as an outspoken advocate for the rights of native peoples. See his biography in Wikipedia for a fuller account.

In his book, Cárdenas Bunsen argues that canon law played a decisive role in shaping the world view of de las Casas and the arguments he deployed in his writings, such as the Brevísima relación de la destrucción de las Indias (Brief Account of the Destruction of the Indies). The book also includes a useful description of canon law studies at the University of Salamanca in the early 16th century.

Cárdenas Bunsen is now Assistant Professor of Spanish at Bucknell University, and was a frequent visitor to the Rare Book Room while researching his doctoral dissertation at Yale.

MIKE WIDENER
Rare Book Librarian

July 15, 2011

One of my favorite books in our collection is featured in the July/August issue of the Yale Alumni Magazine. Justin Zaremby (Yale Law School Class of 2010) wrote “Marginalia” about a heavily annotated copy of Sir Edward Coke’s First Part of the Institutes of the Lawes of England (1633), commonly known as Coke on Littleton. Zaremby was the lead curator on our recent exhibit, “Life and Law in Early Modern Europe.” Read the complete article here.

In his article, Zaremby notes that “Marginalia allowed lawyers to update their printed books with references to recent cases, statutes, and treatises.” Coke’s infamously dense and erudite work is itself a collection of marginalia or glosses on the early classic of English property law, Thomas Littleton’s Tenures. A contemporary of Coke’s, John Aubrey, joked that “The world expected from him a Commentary on Littleton’s Tenures; and he left them his Common-place book.” One of this volume’s annotators was Samuel Butler (1612-1680), author of Hudibras, a satire on the Puritans that was one of the best-sellers in late 17th-century England. A later owner was H. Buxton Forman (1842-1917), who collaborated with Thomas J. Wise on some of the most notorious literary forgeries of modern times.

I first saw this fascinating book a couple of years before my arrival at Yale, and I was thrilled to be able to finally acquire it in 2009. I’m even more thrilled that Justin put it to such good use.

MIKE WIDENER

Rare Book Librarian

 

July 8, 2011

A big thanks to all those who helped make the “Law Books: History and Connoisseurship” course that I taught June 13-17 at the Rare Book School such a success. My wife, Emma Molina Widener, was a valuable source for advice and support. Elizabeth Ott, the Rare Book School staffer, handled all the logistics. Thanks most of all to the nine colleagues who took the class and taught their teacher so much.

Thanks also to Special Collections, Arthur J. Morris Law Library, University of Virginia School of Law, for hosting a field trip where the class viewed close to 50 volumes from their splendid rare book collection; and to Michael von der Linn, Manager of the Antiquarian Book Department of Lawbook Exchange, for submitting to an hour and a half of questions from the class about the antiquarian book market.

I will be teaching the class again in the summer of 2013.

MIKE WIDENER

Rare Book Librarian

 

The 2011 “Law Books: History and Connoisseurship” class, Rare Book School, University of Virginia. L-R: Elizabeth Ott (Rare Book School), Julie Griffith Kees (Bounds Law Library, U. of Alabama), Stewart Plein (Farmer Law Library, West Virginia U.), Linda Hocking (Litchfield Historical Society), Marisol Floren (College of Law Library, Florida International U.), Ryan Greenwood (Library & Information Science, Rutgers U.), Mike Widener, Robert Steele (Burns Law Library, George Washington U.), Emma Molina Widener (World Languages, Southern Connecticut State U.), John Kazanjian (Lawbook Exchange), John R. Block (Pittsburgh Post-Gazette), Marguerite Most (Goodson Law Library, Duke U.).

 

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