The British papers are full of the British Library's deal with Microsoft to digitize 25 million pages of material (100,000 books) that is outside the period of copyright protection: see http://news.zdnet.com/2102-9588_22-5933033.html?tag=printthis

I was surprised at how little the classics of the law are available from the regular search engines on the open web.

I did a small experiment on Google, Google Scholar, and Google Print, looking for the five great treatises of the English common law: Glanvill's Treatise on the laws and customs of the realm of England, Bracton, Littleton's Tenures, Coke and Blackstone, together with Sir John Fortescue's De Laudibus Legum Angliae, Christopher St. Germain's Doctor and Student and De Republica Anglorum.

Spotty results. Funnily it was the rise of the neocons that make some of this material available.

You can find Blackstone at http://www.yale.edu/lawweb/avalon/blackstone/blacksto.htm and Coke at http://oll.libertyfund.org/EBooks/Coke_0489.pdf

Bracton in an English Translation is at http://www.constitution.org/britton/britton.htm

The Commonwealth of England as the De Republica Anglorum is styled in translation is at http://www.constitution.org/eng/repang.htm

I couldn't locate Littleton's Tenures, good luck on Ranulph Glanvill.

One can't find Sir John Fortescue's De Laudibus Legum Angliae except behind a firewall.

After that it's slim pickings. One fascinating place I did find is the Google Print facility and access to the complete OUP text of AWB Simpson's classic "A History of the Common Law of Contract" which dates from the mid-1980s.

It looks as if the digitization of libraries project will ultimately spread access globally. But what about this side of the Atlantic. How much of Canadian legal history is available through the web.

Why aren't the basic documents of Canada's constitutional history available? The drafts and documents leading up to major constitutional developments? Obviously the BNA Act and the Charter are available, but so much more should be available. There aren't any copyright hang-ups on that material.

I was excited by suggestions that the material on the Charlottetown Conference was available on a federal site. But by a huge irony, the collection of material on the Charlottetown Conference at http://collections.ic.gc.ca/E/view.html is met with dead links.

Shouldn't this be a priority for those concerned with Canadian legal history?

Simon Chester's involvement with legal information goes back to the Seventies when he taught legal research at Osgoode Hall and served on CLIC's board - that was the Canadian Law Information Council. He has practiced law on Bay Street for almost thirty years and speaks and writes widely on legal, technology, ethical and professional issues.
[click on the author's name for more information]

up

One Comment on “A Digital Archive of Legal History?”

  1. campbell says:

    A good question Simon. The digitalization efforts of Canadian hisitorial law has so far been quite balkanized. The national library/archives has recently taken steps to coordinate activiites through the national digitial inventory:

    http://www.collectionscanada.ca/initiatives/index-e.html

    Alberta has also recently finished a project called the Alberta Law Collection:

    http://136.159.239.228/law/

    The biggest player is by far the Law Library Microform Consortium Digital Project. Most academic libraries in Canada are members. The project will involve the digitalization of much historial Canadian material. The scope and present status of the project can be found at:

    http://www.llmc.com/digital_toc.htm

    The directors of the Canadian academic law libraries recently met with representatives of the national library to get them to purchase the silver halide fiche from the LLMC project so that the digital records are preserved in and for Canada.

    You could also check out http://www.canadiana.org

    Kind of a long answer. There is a stimulus to digitalize and preserve the print record of Canadian legal history through the Canadian Association of Law Libraries. This in two ways: digitalizing significant titles and preserving the last copies of these titles in print. As yet there is no national strategy, but a number of Canadians are involved with a national project in the U.S. called the Libraries Information and Preservation Alliance, the idea to bring back the ideas and structure to a similar Canadian project, if possible.

    LIPA is at http://www.aallnet.org/committee/lipa/

    All this is a lot of stuff. I'm one of the Canadians on LIPA, and like Simon this is a significant issue.

SlawTips      

SlawTips Just the Facts
Wednesday, May 16

Today’s research tip is about facts. When research is assigned to juniors (and librarians for that matter) it is important to share facts that are critical to the research. It … »»

Research

SlawTips Minimize That Darn Office Ribbon for More Room on Your Desktop
Wednesday, May 16

If you are using Office 2007 or 2010, The Ribbon is now a part of your life. Some of you will be happy about this – some of you won’t.… »»

Technology

SlawTips Manage Chaos! Create a Shared Family Calendar
Thursday, May 10

Our lives as lawyers are hectic enough even before we factor in busy family events. Accordingly our tip is to create a ‘family’ calendar where every family member can enter … »»

Practice

noted on Slaw    

MLB Selected Case Summaries    

These summaries of selected recent cases are provided each week to Slaw by Maritime Law Book.
More information.

  • Aliens - Exclusion and expulsion - Power to detain and deport - Minister’s certificate - Review - Evidence

    In 2002, Harkat was detained pursuant to a ministerial security certificate issued under the Immigration and Refugee Protection Act (IRPA) as a person inadmissible to Canada on grounds ...

  • Contracts - Formation of contract - Signing - Electronic signature

    The plaintiff expressed an interest in purchasing the defendant’s (vendor’s) condo. The parties agreed to carry on their discussions through e-mail. Following an exchange of e-mails, the plaintiff claimed that the defendant was contractually bound to ...

  • Barristers and Solicitors - Relationship with client - Confidential communications - General

    The petitioner was a Receiver appointed in March 2009 by a California court over the assets of GJB Enterprises Inc. (a “Ponzi scheme”) and its principals, the Berkes (the GJB parties). The court ordered ...

  • Practice - Costs - Funding before judgment - When interim or advance costs available

    The plaintiffs were “direct to home” satellite based subscription program providers. Rex and other defendants offered “grey market” services to Canadian residents to facilitate the unauthorized reception in Canada of the plaintiffs’ ...

TalkLaw/ParLoi    

This is a listing of a few upcoming events in Canada of interest to lawyers, law students, legal librarians, and others involved in the practice of law.

Clicking on any event in the list below will give you access to more information and to links allowing you to see the full entry and to add the event to your own calendar.

Click this link for a fuller version of the TalkLaw/ParLoi calendar of events and for instructions as to how to add events and calendars to your own calendar.