The next increase in the number of books needed in the early law library was the introduction of Parliaments and their legislation in England. The Norman kings became increasingly unpopular amongst the nobles of the land, largely due to their increasing taxation of these "Barons". In 1215 one particularly unpopular king, King John, was forced by these nobles to sign the Magna Carta[1] which guaranteed the nobles certain freedoms. The first assembly called a "parliament" was held in 1265. In 1414 King Henry V formally acknowledged that no new statute could be made without the approval of this parliament.[2]
Through two revolutions of the people against the monarchy, the parliament increased its powers, to the point when in 1688 King William and Queen Mary were offered the throne purely on the parliaments' own terms. Legislation was officially separated from royal decree, and the courts no longer operated "at the pleasure of the king".
There were now two sets of law books that the judges of the day had to have access to: the collection of preceding cases in the common law (which included the judges decisions and the reasons for their decisions), and the legislation enacted by the Parliament. The courts began to amass larger and larger libraries dedicated to the law.
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[1][2] Laying down the law p20
Tuesday, November 17, 2009
The Beginnings of the Common Law in England
Although there was certainly "law" and "law books" in other countries, and indeed even England throughout history, it was the gradual introduction of what is called the common law that gave rise to a great increase in the number of law books, necessitating the development of dedicated law libraries. Prior to the Norman invasion of England in 1066, the law was based on local customs, and local lords and leaders would settle disputes based on their own version of right and wrong.
A system developed whereby the people of England could petition the Norman kings to hear their injustices as they traveled around the country. Often these petitions involved pleading to the Kings about unfair treatment they had received in matters heard by their local officials. Due to the sheer number of these pleadings, the kings had trusted advisers who would decide these cases. In order to maintain consistency across the entire country a body of rulings was gradually built up, and the decision makers would consult these rulings. This method of consulting precedents, and the precedents themselves, became essentially the first "law libraries", and the beginnings of the common law.
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Research notes:
All a bit of a far stretch I know.. I have read this history in many books though and so had always intended to argue that the common law, and the different "judges" who held these collections, were the first (at least in "our" system I know) the first law libraries..
Laying down the law / Cook etc.
A system developed whereby the people of England could petition the Norman kings to hear their injustices as they traveled around the country. Often these petitions involved pleading to the Kings about unfair treatment they had received in matters heard by their local officials. Due to the sheer number of these pleadings, the kings had trusted advisers who would decide these cases. In order to maintain consistency across the entire country a body of rulings was gradually built up, and the decision makers would consult these rulings. This method of consulting precedents, and the precedents themselves, became essentially the first "law libraries", and the beginnings of the common law.
------------
Research notes:
All a bit of a far stretch I know.. I have read this history in many books though and so had always intended to argue that the common law, and the different "judges" who held these collections, were the first (at least in "our" system I know) the first law libraries..
Laying down the law / Cook etc.
Law schools and their libraries
While the courts of the land were building their collections, even as late as the 1960's one could only study the law at the state university of each Australian state (including the ACT). The schools were small, and the libraries smaller. [1] Most people who entered into the field of law still did so as an apprentice, and formal qualifications were not necessary to pass the various law society entrance exams. Law firms had not yet begun to create their own libraries, and typically the clerks in training were sent to the nearest court house to gather material for the matter at hand [2].
The 1980's saw a sharp increase in the number of students wanting to study law, and competition for the best students led to a marked increase in both the size and quality of the law libraries.
Even in the USA law libraries did not begin to be formalized as professional institutions until the mid 1950's. In 1953 the American Association of Law Librarians held its first four day "institute". [3] The speakers were all pioneering academic law librarians. The association discussed methods of training law librarians, and by the late 1960's there were more than a dozen schools offering professional courses in law librarianship.
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Research notes:
[1] Setting a precedent: the evolution of the Australian Law Librarians' Association 1969-2009 (page 7)
[2] read this numerous places.. err. think of citation or leave out?
[3]Milestones in Academic Law Libraries / AALL Spectrum Vol. 9 No. 9 July 2005 pp10-13
The 1980's saw a sharp increase in the number of students wanting to study law, and competition for the best students led to a marked increase in both the size and quality of the law libraries.
Even in the USA law libraries did not begin to be formalized as professional institutions until the mid 1950's. In 1953 the American Association of Law Librarians held its first four day "institute". [3] The speakers were all pioneering academic law librarians. The association discussed methods of training law librarians, and by the late 1960's there were more than a dozen schools offering professional courses in law librarianship.
---------------
Research notes:
[1] Setting a precedent: the evolution of the Australian Law Librarians' Association 1969-2009 (page 7)
[2] read this numerous places.. err. think of citation or leave out?
[3]Milestones in Academic Law Libraries / AALL Spectrum Vol. 9 No. 9 July 2005 pp10-13
Monday, November 16, 2009
The Australian Story
The history of law libraries in Australia follows the same trajectory of those in England and the USA, though with the obvious later introduction of Europeans and the common law in this country, it is convenient to start our story at roughly the time frame we left the USA.
Australian law libraries also had their beginnings with the solicitors and judges of the early colony. The earliest and greatest collection of law books was amassed in Victoria by Sir Redmond Barry. [1] Barry was undoubtedly Australia's greatest advocate of self improvement through self education, permitting early settlers to use his private collection of books residing in his own home. This collection later formed the basis of what we now know as the State Library of Victoria. Redmond Barry was elected to the early Supreme Court of Victoria in 1852, and continued his life long love of libraries by selecting and acquiring books for the new Court library.[2] An item from the Argus Newspaper of 13 May 1853, as recounted on the current Supreme Court website, is worth repeating here:
"Law Library - His Honour Mr Justice Barry yesterday intimated that he would be glad if the Gentlemen of the Bar would nominate two of their body and select two of the other profession to meet him tomorrow at his Chambers, Supreme Court, at two o'clock to determine on such a selection of Law Books, as it might be judged necessary to form the contemplated law library for the use of the profession. His Honour likewise intimated that he had now a fund of £296 in hand from fees, etc, for the purchase of books and as he had taken measures to add another £200 to that sum, the profession might confidently look forward to the nucleus of a valuable library being made. He would like the consultation to take place this day (Friday) in order to send advices per Harbinger."[3]
The first shipment of books had arrived and been set up in the library by mid 1854. The collection was moved to the majestically domed building we use today in 1884.[4]
The State Library of Victoria [5]
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Research notes:
[1] [2]Barry, Sir Redmond, Australian Dictionary of Biography online
http://www.adb.online.anu.edu.au/biogs/A030104b.htm
[3][4]http://www.supremecourt.vic.gov.au/wps/wcm/connect/Supreme+Court/Home/About+the+Court/History/Library/SUPREME+-+Library+History+-+Home
[5] I noticed multimedia was a component of the marking guide, so I included one picture. Sorry to be a pain, but really no picture/video/sound that I OWN has been relevant to this blog(?)... I took a picture of the State Library Australiana reading room myself so have included it to show I can... Automatic blogger posts insist on placing the pic at the top of the post, so I manually edited the html and shoved it to the bottom. The terms of service of all blogging etc sites clearly state that one must own the copyright to an image to include in the post.. I am no copyright angel, but still, surely it must be important to stick to these rules in a library course.. :)
Australian law libraries also had their beginnings with the solicitors and judges of the early colony. The earliest and greatest collection of law books was amassed in Victoria by Sir Redmond Barry. [1] Barry was undoubtedly Australia's greatest advocate of self improvement through self education, permitting early settlers to use his private collection of books residing in his own home. This collection later formed the basis of what we now know as the State Library of Victoria. Redmond Barry was elected to the early Supreme Court of Victoria in 1852, and continued his life long love of libraries by selecting and acquiring books for the new Court library.[2] An item from the Argus Newspaper of 13 May 1853, as recounted on the current Supreme Court website, is worth repeating here:
"Law Library - His Honour Mr Justice Barry yesterday intimated that he would be glad if the Gentlemen of the Bar would nominate two of their body and select two of the other profession to meet him tomorrow at his Chambers, Supreme Court, at two o'clock to determine on such a selection of Law Books, as it might be judged necessary to form the contemplated law library for the use of the profession. His Honour likewise intimated that he had now a fund of £296 in hand from fees, etc, for the purchase of books and as he had taken measures to add another £200 to that sum, the profession might confidently look forward to the nucleus of a valuable library being made. He would like the consultation to take place this day (Friday) in order to send advices per Harbinger."[3]
The first shipment of books had arrived and been set up in the library by mid 1854. The collection was moved to the majestically domed building we use today in 1884.[4]
The State Library of Victoria [5]
--------------------------------------
Research notes:
[1] [2]Barry, Sir Redmond, Australian Dictionary of Biography online
http://www.adb.online.anu.edu.au/biogs/A030104b.htm
[3][4]http://www.supremecourt.vic.gov.au/wps/wcm/connect/Supreme+Court/Home/About+the+Court/History/Library/SUPREME+-+Library+History+-+Home
[5] I noticed multimedia was a component of the marking guide, so I included one picture. Sorry to be a pain, but really no picture/video/sound that I OWN has been relevant to this blog(?)... I took a picture of the State Library Australiana reading room myself so have included it to show I can... Automatic blogger posts insist on placing the pic at the top of the post, so I manually edited the html and shoved it to the bottom. The terms of service of all blogging etc sites clearly state that one must own the copyright to an image to include in the post.. I am no copyright angel, but still, surely it must be important to stick to these rules in a library course.. :)
Saturday, November 14, 2009
Beginnings: one book to rule them all
The earliest libraries, to use the term in the broadest sense possible, were collections of administrative records kept by rulers in the Middle East region starting from about 3000 BC. The honour of the earliest "book" is usually given to The Epic Of Gilgamesh, written in ancient Mesopotamia (now modern Iraq) around 2150-2000 BC.
Another "book" from Mesopotamia, written at about the same time as The Epic Of Gilgamesh, was The Code of Ur-Nammu. It is the oldest known tablet containing a "law code" yet discovered and as such is the beginning of this brief overview of law books and law libraries.
The Code of Ur-Nammu was written on clay tablets in Sumerian, it contains 57 laws. Each law is divided into two parts, the crime committed, and the proscribed punishment. With only a few tablets making up the totality of the written law, the job of the first "law librarian" must have been quite easy.
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Research notes..
This was originally intended to briefly mention the code of hammurabi, but soon discovered that that is no longer considered the oldest code of law. Pretty awkward, not sure if its where I want to start...
Another "book" from Mesopotamia, written at about the same time as The Epic Of Gilgamesh, was The Code of Ur-Nammu. It is the oldest known tablet containing a "law code" yet discovered and as such is the beginning of this brief overview of law books and law libraries.
The Code of Ur-Nammu was written on clay tablets in Sumerian, it contains 57 laws. Each law is divided into two parts, the crime committed, and the proscribed punishment. With only a few tablets making up the totality of the written law, the job of the first "law librarian" must have been quite easy.
-----------
Research notes..
This was originally intended to briefly mention the code of hammurabi, but soon discovered that that is no longer considered the oldest code of law. Pretty awkward, not sure if its where I want to start...
- Ur-Nammu. Columbia Electronic Encyclopedia, 6th Edition, 1/1/2009
The Law Library in America.
- The first law "libraries" in the USA were private collections maintained by individual early colonists who practiced in the field of law. These libraries were largely the practical texts and case law that needed to be referenced in the day to day work of their profession. The collections were small, and largely if not solely consisting of the work of English authors such as Coke, Blackstone, and Chitty (even by 1776, only 33 law volumes in total had been published in the colony). [1]
Although some private citizens were known to own books of law, even the wealthiest of judges and lawyers owned very few books, with the typical working library being between 5 and 20 volumes.[2]
In time, these private collections would form the seed of the early institutional and bar libraries that began to spring up in the 19th century.[3] The bar libraries were privately funded by the members of their various associations, and acted almost like private and exclusive clubs for these members. By this time, in no small part due to the independence of America from England, case law and books on theory and jurisprudence were being published by Americans, and the size of collections began to increase substantially. These libraries increasingly began to be funded by more formal "subscription" and "incorporation" methods, where members would buy an initial share in the library, and pay a yearly fee for access to the collection.
Concurrent with the development of the institutional law library, the notion of the public library began to become popular in the USA. These libraries were used by judges, attorneys, and members of the public who were not members of the bar associations, and were funded by the state. It was also around this time that the notion of librarianship as a profession began to gain ground, and these publicly funded libraries differed from the bar libraries in their organization of collected materials. Bar libraries had previously been arranged as one would arrange a private collection, either alphabetically, by loose subject matter, or some other seemingly random combination of techniques.
--------------------------------
Research notes:
I was getting ridiculously stuck with the early history of law libraries, so really thought I had to start somewhere in the middle. I had this journal article "up my sleeve" for quite some time, it is really quite long and a great history that goes much further...
I think I have to stop here for the moment though, at roughly 350 words it is getting too long to fit already and I think I can finish it off within other planned sections ..
One of the points I need to make is the difference between the profession in america compared to australia. In the USA "law librarians" are actually qualified solicitors who then choose to do a masters in library science, quite different from here. I think I will somehow work that into either the introduction or conclusion of the whole.
Law libraries in the USA were historically staffed not by librarians, but by legal professionals entrusted with a practical collection of legal texts needed to carry out their profession.
- [1][2] ... etc etc..
- Law Libraries and Librarians: A Revisionist History; or More Than You Ever Wanted to Know; Brock, Christine A.
- 67 Law Libr. J. 325 (1974)
- Law Library Journal
-
- Vols. 1-101#3 (1908-2009) Title Varies: Vol. 1-2#1 (1908-1909) as Index to Legal Periodicals and Law Journal
- Law Library Lights
-
- Vols. 1-52 (1957-2009)
- Canadian Library Review
-
- Vols. 1970-33 (1970-2008) Title Varies: Vols. 1970-14 (1970-1989) as Canadian Association of Law Libraries Newsletter-Bulletin; 15-28 (1990-2003) as Canadian Law Libraries
(I have removed some of the "copy and paste" highlighting from these URL's, and left some. I needed to show that I could create active links with the text as the link.. Will do more, but unfortunately Heinonline is a subscription service.. I will provide copies of articles from these journals if required)
Introduction - first draft
The history of law libraries is inextricably tied to the history of libraries in general. Some of the earliest existing texts discovered are early collections of the law, and the earliest libraries existed to serve the ruling classes in the administration of the societies they ruled. Notwithstanding early libraries of a religious nature (and one could argue inherently related to them), the law library is probably one the earliest examples of the "special library" that is known.
This report presents a broad sweep of law libraries and law books throughout the ages; from early beginnings at the dawn of recorded history in Mesopotamia, the monastic keepers of the law in the middle ages, the beginnings of the common law and court systems in England, through to the modern law library today. Special emphasis will be placed on the history of the law library in Australia, and the history of the Australian Law Librarians' Association.
--------------------
This was the overview I had written ages ago, it seemed like a good idea to outline the scope before I went looking for sources.. I will end up scrapping it now though, the early history is way vaguer than I thought it would be and I am finding literally no information whatsoever..
This report presents a broad sweep of law libraries and law books throughout the ages; from early beginnings at the dawn of recorded history in Mesopotamia, the monastic keepers of the law in the middle ages, the beginnings of the common law and court systems in England, through to the modern law library today. Special emphasis will be placed on the history of the law library in Australia, and the history of the Australian Law Librarians' Association.
--------------------
This was the overview I had written ages ago, it seemed like a good idea to outline the scope before I went looking for sources.. I will end up scrapping it now though, the early history is way vaguer than I thought it would be and I am finding literally no information whatsoever..
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