Recent acquisition: Joseph Story letter on bankruptcy law

This exciting acquisition is a letter from Joseph Story, the influential Harvard Law professor and legal scholar who served as an associate justice on the United States Supreme Court from 1812 until his death in 1845.  Story penned this letter to one William Tudor, Esq. in the midst of his tenure on the Supreme Court. 

The contents show a rare glimpse into the opinion of an active Supreme Court justice on a matter before the U.S. Congress.  Story was a longtime supporter of federal bankruptcy legislation.  The first federal Bankruptcy Act, adopted in 1800, had been repealed in 1803. When this letter was written, Congress was considering a new bankruptcy bill, which Story clearly supported.  His correspondent, William Tudor, had asked for Story's support in securing a position as a Commissioner of Bankruptcy under the new legislation, if passed.  Story voices his support while noting that it's unclear who would have the power to make the appointment--the executive or the judiciary.  In the end, the law that was the subject of the letter failed to pass, but another one that Story actually helped draft was ultimately passed by Congress in 1841.  

The other pages of the letter are featured on our Facebook page.  Those interested in Justice Story and his writings would enjoy visiting the beautiful digital suite on Story created by the special collections staff at the Harvard Law Library.  

Legal History Roundtable with Michael Hoeflich--Thursday, April 18th

Michael Hoeflich holds a B.A. and M.A. from Haverford College, a J.D. from Yale Law School and the M.A. and PhD from Cambridge University. He has taught at the University of Illinois, Syracuse University, and the University of Kansas and was dean of the law schools at Syracuse and Kansas. He is currently the John H. & John M. Kane Professor of Law at the University of Kansas. Among his publications are Roman and Civil Law & the Development of Anglo-American Jurisprudence (1998) and Legal Publishing in Antebellum America. 1780-1870 (2010).

Professor Hoeflich will discuss his work, "“From Scriveners to Secretaries: Legal Document Production in Nineteenth Century America."  

The Roundtable offers an opportunity for Boston College faculty and faculty from other area institutions, students, and members of the Boston College community to meet and discuss a pre-circulated paper in legal history. Meeting several times each semester, the Roundtable seeks to promote an informal, collegial atmosphere of informed discussion.

The talk will be held in the Law Library Conference Room (279), which is located behind the Rare Book Room.  Please take a look at the current exhibit in the Rare Book Room, which features books on Roman law that were gifted to the law library by Professor Hoeflich in 2009 and 2012.

Refreshments will be served starting at 4:15pm, and the talk will begin at 4:30pm. 

New acquisition: Granville Sharp's "A Tract on Duelling" (1773)

Granville Sharp (1735-1813) is perhaps best known as the initiator of the British abolitionist movement and an important force in bringing the end of slavery in Great Britain. His antislavery work "The law of retribution, or, A serious warning to Great Britain and her colonies : founded on unquestionable examples of God's temporal vengeance against tyrants, slave-holders, and oppressors," published in 1776, was massively influential in Britain and the rebelling American colonies. We proudly hold that title as well, thanks to a generous gift from Professor Daniel R. Coquillette.

This new acquisition is the second and final edition of Granville Sharp's Tract on Duelling, in which he rails against the legal acceptance of the practice of duelling. Sharp collects the writings of none less than Sir Edward Coke, Sir Matthew Hale, Lord Chief Justice Holt, and Henri Bracton to support his argument. Sharp wrote pamphlets on a variety of topics, and many, including this one, are quite impassioned. He goes right to the point in his Preface, writing that

"[t]he intention of the following Tract is to prove that the plea of sudden Anger cannot remove the imputation and guilt of Murder, when a Moral Wound is willfully given with a weapon:

That the indulgence allowed by the Courts to voluntary Manslaughter in Rencounters, and in sudden Affrays and Duels, is indiscriminate, and without foundation in Law:

And that the impunity in such cases of voluntary Manslaughter is one of the principal causes of the continuance and present increase of the vase and disgraceful practice of Duelling."

Sharp ends the tract with even stronger language, stating that it is disgraceful that the protectors of duelling "still persist in the unreasonable and unjust practice of punishing lesser crimes with more severity than the crying Sin of voluntary Manslaughter, which, as I have already proved in my preface, is absolutely unpardonable in this World, by the Law of God!"

Roman Law Exhibit on Display!

In December 2009 and December 2012, Michael H. Hoeflich, John H. & John M. Kane Distinguished Professor of Law at the University of Kansas School of Law, donated his fine collection of antiquarian and modern Roman law books to the Boston College Law Library. Professor Hoeflich is a well-known scholar in many areas of law and legal bibliography, including legal history, comparative law, ethics, contracts, art law, and the history of law book publishing. His 1997 book, Roman and Civil Law and the Development of Anglo-American Jurisprudence in the Nineteenth Century, is a classic in the field.

Dating from 1536, Professor Hoeflich’s collection of over 500 titles includes both seminal and lesser-known works on Roman, civil, and canon law in Latin, German, French, and English. The collection is both broad and deep, reflecting his knowledge of and passion for Roman law, bibliography, and the bookmaker’s art. All of us at the Boston College Law School and Law Library are profoundly grateful to Professor Hoeflich for his generous donation.

The exhibit was curated by Laurel Davis, Curator of Rare Books/Legal Reference Librarian. It is largely based on a 2011 exhibit by Karen Beck, now Curator of Special Collections at Harvard Law Library. The current exhibit includes many books that were previously displayed, but it also incorporates some lovely works from Professor Hoeflich’s most recent gift.

Please visit the exhibit webpage to view photos of selected items from the recent gift, as well as the exhibit handout! The physical exhibit will remain on display throughout the spring semester.

Rare Book Room closed over Spring Break (week of March 4th)

The Rare Book Room will be closed the week of March 4th for exhibit work. We plan to reopen on Monday, March 11th, with an exhibit on some of our beautiful Roman law books. The exhibit will feature books that have been donated by a great friend of the Rare Book Room, Professor Michael H. Hoeflich, John H. & John M. Kane Distinguished Professor of Law at the University of Kansas School of Law. Please come see the new exhibit and use the room for studying or research when we reopen!

Treasures in the stacks--"tepee binding"

I love running across little gems when I am working in the stacks. Just like week, a patron came in to use Giles Jacob's Law Grammar (Savoy, 1754), and I was reminded of this fascinating book, donated to BC Law by the late Kitty Preyer. Notice how the leather was attached to the boards of the book by an eye-catching pattern of criss-crossing laces and copious loops and knots. It might not be the prettiest example of bookbinding, but it's certainly a fun one! Because of the noticeable triangular shape, the donor and curator at the time dubbed this 'tepee binding,' which I think perfectly describes the unique result.

Legal History Roundtable tomorrow!

Anne Fleming will be joining us at the Boston College Law School Legal History Roundtable on Thursday, January 10. Anne Fleming is a Climenko Fellow and Lecturer on Law Harvard Law School. Her research interests include American legal history and contract law, with a focus on the relationship between law and poverty. In 2011, the American Society for Legal History recognized her work with the Kathryn T. Preyer Scholars Award.

Ms. Fleming will be discussing her draft paper, entitled "The Rise and Fall of Unconscionability as 'The Law of the Poor.'”

The event begins at 4:30PM in the Rare Book Room and is an opportunity for Boston College faculty and faculty from other area institutions, students, and members of the Boston College community to meet and discuss this paper. Refreshments will be available starting at 4:15. Parking on the Boston College Law School campus requires a visitor's permit. If you will be able to join us, please let Judy Yi know in advance by emailing judy.yi@bc.edu. Judy will e-mail a copy of the paper to those who can attend. You can also direct any further questions to Judy.

As is the usual practice for the Roundtable, Ms. Fleming will start by speaking for 10-20 minutes about the project, e.g., what prompted her interest in the project, major points, difficult questions that she is struggling with, etc. Then we have a more general conversation with the group as a whole, present questions and comments, and so forth.