Gregory the Great. Register of Epistles (590-604).

September 18, 2007

Generic Book“My writings which I have sent to the peasants cause thou to be read over throughout all the estates, that they may know in what points to defend themselves, under our authority, against acts of wrong; and let either the originals or copies be given to them. See that thou observe everything without abatement: for, with regard to what I have written to thee for abservance of justice, I am absolved; and, if thou art negligent, thou art guilty.”

Pope Gregory the Great wrote a lot of letters, and well, I read them all. These letters fascinating look into the medieval world through the eyes of a Pope. They are also packed full legal tidbits. The letters often act as the Pope’s conveyance of his official rulings on a number of different matters. He, as the Pope, was the judge on numerous canon law activities.

As these are letters (and owing to the difficulties of research law this old), instead af searching out a specific legal theme that runs through them all, I am just going to list the highlights. Of course, I’m positive I’ve missed some. Enjoy.

BOOK I
IX: Gregory sends Peter the Subdeacon to investigate a property dispute in which a group of monks are having their land encroached upon by a farm owned by the church. Gregory rules that if the land has been in their possession for 40 years they are the rightful owners even if it doesn’t benefit the church. If the boundary has been disputed in the last 40 years though then Peter is to appoint arbiters to resolve the problem.

X: Gregory responds to a petition from a group of Jews who claim to have license to hold under the churches authority a synagogue on the grounds of church property. He rules that if the voices from the synagogue can be heard in the church. He commands that if they are expelled that they should be given a new place of worship and one that will keep any complaint from being levied. He notes that the Jews “live under the protection of Roman laws” and therefore have the right to worship. He also notes though that the Jews should not possess Christian slaves.

XIX: Gregory overrules the ruling of a Synod that condemned Archdeacon Honoratus. He does this on the ground that the ruling ofthe synod was biased, stating that “no one who is innocent should be deposed from the ministry of his order unjustly.” He commands that the Archdeacon be restored and that if there is still a problem the Archdeacon should come and present himself to Gregory.

XXV: Gregory first discusses, in this letter to numerous patriarchs, the qualities of a ruler: “He orders well the authority he has recieved who has both learnt to maintain it and keep it in check.” This is a fairly good statement of what good law is, it creates order but does not get out of hand. He then says that “the virtue of humility ought to be so maintained that the rights of government be not relaxed.” He means that the ruler should not be so humble as to relax his own authority and lose the respect of his subordinates. At the end of the letter Gregory upholds the validity of four law creating councils that happened before: the Nicene, the Constatinople, the first Ephesine, and the Chalcedon.

XXXIII: Gregory calls for a synod to determine the guilt of a Blandus who has been held for some time by Romanus Patrician and Exarch of Italy. He asks for his release if he is not being held for a crime.

XXXIV: Gregory declares that “according to the ordinance of the law, it is not lawful to walk on the Sabbath.”

XXXVI: He writes to Peter the Subdeacon that the guidelines Gregory gave him must be “diligently perused” so as to keep Bishops from entangling themselves in secular causes except to the extent that they need to assist the poor. He then notes that their have been reports that in the past that property has been taken by the church without judicial process. He request Peter upon discovery of such a matter to make restoration to a claimant. He also requests that Peter investigate reports of people that have been enslaved illegally without trial. He wants these slave’s possessors dispossessed “by regular process of law.” He also mentions that any decree made under pain is anathema. Early evidence of the illegality of torture.

XLII: Gregory declares that Monks should not migrate from monastary to monastary, they should not hold property, should not have wives, and they should not, if they were once priests, return to being a priest.

XLIII: Gregory is rejoicing at the conversion of King Richard to Catholicism and to a “citizen of the eternal realm.” This comments a bit on the idea of jurisdiction between temporal and divine realms. Or maybe I’m stretching it.

XLIV: He rights to Peter that payment for grain should be in accordance with the Market. He then instructs Peter on collecting of taxes asking him to draw up “Charters o security” which declare what each person is to pay. He also bars the use of “unjust” weights for exacting payments. He rules that relatives of farmers on who live on church property shall have the right to succeed them. Next he decrees that a person who commits a crime shall be the only person punished and not his family as well. This is a long letter in which Gregory also rules on specific cases.

XLVIII: Gregory requests that Theodorus, Duke of Sardinia, send a property dispute to trial so it may be resolved. He also asks Theodorus to look into a will that a person wants to have annulled.

LXII: In this letter he seeks to have a woman saved from the “annoyance of legal proceedings,” but to still submit to a “just judgement.”

BOOK II
VI: Gregory mentions a Demetrius who “has been found to be involved with transactions to such an extent and of such a kind that, if he had recieved judgement without mercy according to the character of his deeds, he would undoubtedly have been condemned to a most hard death by both divine and human laws.”

XIV: The lady Timothea wishes to found and oratory in Ariminum. Gregory lets the local bishop know what must be conveyed to the church in trust for this to be done.

XVIII: Gregory seeks to resolve a dispute between Natalis and Honoratus and while doing so “keep the rule of justice.” The suit involves some finer points of canon law including the use of a pallium, which is a garment granted by the Pope to a church which says something about jurisdiction (I think).

XIX & XX: These two letters follow up on the dispute addressed in XVIII.

XXXIV: Gregory admonishes Maximianus, Bishop of Syracuse to not be so harsh with his punishments when ruling on cases.

XLI: If there is a property dispute between monks and the Church, then the dispute shall be taken up quickly by “selected abbots and other fathers.” A great deal of this letter deals with what an abbot can and con not do under canon law.

XLIX: Gregory sends to trial Januarius, Archbishop for “a mass of complaints . . . against . . . his fraternity.” One of these has to deal with the unjust excommunication of Isidore.

BOOK III
I: Gregory writes to Peterm a subdeacon, about a recent crime of sedition. Gregory asks Peter to punish those that are manifestly guilty. Additionally, he is sending Scholasticus, a judge, there to investigate the matter and bring to trial any others.

V: Here we have a bit of jurisdiction. The Catholic church claims both divine and temporal jurisdiction. Gregory in this letter addresses an instance where a laymen has judged improperly. He says that when judged wrongfully, the decision of the secular judge should be resisted with “moderate authority.” Gregory makes it clear, though, that acting against such judgements “is not to act against the law, but to support law.”

VI: In this letter Gregory acts as an appelate judge. He writes to John, bishop of Prima Justiniana that he has recieved a complaint from Adrian, bishop of Thebae that John had deposed him unjustly. Gregory states that he gives no creedance to such complaints until he reviews the record of the case. He tells John that from the documents he holds, that John “hast investigated almost nothing pertaining to the questions named and assigned” to him. He overrules the lower proceedings. Here’s the catch though he sends a punishment down to John. How many appellate judges would dig on sending punishments down to lower courts.

VII,VIII, IX: He follows up on the previous letter and declares a retrial with a new judge.

XXXVIII: He requests that Libertinus investigate a Jew named Nasas, who has been enslaving Christians. He requests that after the investigation, if this is true that those slaves be freed “according to the injunctions of the laws.”

LVI: This letter addresses a dispute that is ongoing throughout the letters: that of the Pallium. In this letter we find a nice example of the use of precedent wherein Gregory seeks to determine what is just through the examination of historical customs.

LXV: He addresses a Roman law that keeps people in the public administration from holding ecclesiastical office. Old timey Church and State separation. Gregory agress with the implementation of the law. He however with certain provisions of it that keep people from becoming monks, as he thinks that their accounts are easily rendered and their office much different from that of a priest.

LXVI: He follows up on the previous letter to have Theodorus the Physician to lobby the Emperor to change the law.

BOOK IV
IX: Gregory counsels Januarius on the proper way to administer his jurisdiction. This seems like an executive order of sorts.

XXI: Again we learn that Jews are to be forbidden from holding Christian slaves.

XXVI: He addresses here a situation in which priest are being “oppressed by lay judges.”

BOOK V
XVIII: This letter and numerous others following it begin Gregory’ account of the dispute of the Universal Bishop in which the Bishop of Constantinople declared himself the head of the Church. Gregory notes that this honor was actually extended to the Roman Bishop (the Pope) by the council of Chalcedon, but was declined, so as to keep the three bishops in equal power. These statements are still used today by many evangelical protestants to dispute the Popes standing. It is fascinating reading if you are into that sort of thing.

XX: Universal Bishop.

XXI: Universal Bishop.

XXXVI: Gregory in this letter discusses issues relating to Agiluph, King of the Lombards and his unwillingness to conclude a general peace. Agiluph will not consent to arbitration unless all parties are present, because “many acts of violence were committed in his regions during the time of peace.” Agiluph has stated that he will make satisfaction for any wrongs committed by his side.

XL: Gregory writes to Mauricius Agustus. Apparently the peace made with the Lombards was violated and the Emperor accuses Gregory of some sort of crime. He uses ecclesiastical history to argue his case citing a case wherein bills of accusations had been presented to the Prince of Constantinople against some bishops. The Prince burned the bills stating that it was not fit for the temporal power to judge the bishops.

XLI: Gregory is writing about pagans in Sardinia who are sacrificing to idols. He comments that many of them bribe judges to get a license to do this.

XLIII: Universal Bishop.

LIII: Gregory discusses the simonical heresy and the unlawfulness of ordaining ministers in exchange for bribes.

LIV-LV: He grants “according to ancient custom” Virgilius, Bishop of Arelate, “vicariate jurisdiction” in the dominion of King Childebert. He will rule on all cases in the region.

BOOK VI
I: Gregory settles a dispute over a will and a bequest to the Church.

XII: Gregory executes a will.In this he frees to slaves:”it is a salutatory deed if men whom nature originally produced free, and whom the law of the nations has subjected to the yoke of slavery, be restored by the benefit of manumission to the liberty in which they were born.” One of these slaves recieves property with the annexed “law and condition” that if the recipient dies without legitimate children (those “born in lawful wedlock”) the property will revert to the Holy Roman Church. Gregory sums up with a nice little legal quote: “For the rule of justice and reason suggests that one who desires his own orders to be observed by his successors should undoubtedly keep the will and ordinances of his predecessor.

XV: He rules on an appeal over heresy finding that the judges were motivated only by injuring the accused instea of “justly.”

XVI: Writing about the case in the previous letter, Gregory discusses the evidence that was presented at trial that the judges ignored.

XXIV: Gregory asserts Papal jurisdiction in a case between Marinianus’ Church and the Abbot Claudius after “people have cried out that it is contrary to the laws and canons that the cause” be decided in Rome. He states that the interests of the Abbot are not served by having the proceedings there.

LXVI: Gregory is addressing a case of heresy and he makes an observation about a defense: “. . . things done under compulsion by no means fall under the censure of the canons, and they are rightly accounted to be of no weight (since he himself invalidates them who compels what is unjust to be confessed and done) . . .”

BOOK VII
XXXVIII: Slavery law: “The ordinances both of the sacred canons and of the laws allow the utensils of the Church to be sold for the redemption of captives.”

XLII: Gregory notes a canon law that forbids a church to be without a bishop for more than three months.

BOOK VIII
III: Gregory has rcieved a complaint from a son that his father bequethed some things to a parish that did not belong to the father. Gregory notes the “secular law” that the son must pay for these items to redeem them. He tells Donus, Bishop of Messana who recieved the items, that it should be decided by “the law of God and not the world.”

V: Gregory transmits to his bishops a Roman law forbidding people with public liabilities from taking any ecclesiastical office or becoming a monk.

VI: Gregory seeks an extradition of sorts of a criminal who has taken refuge in another church.

XX: Gregory request a “legal” inquiry into the status of a woman.

XXI: Gregory requests an inquiry into a freed Chritsian slave whom others are trying to enslave again.

Gregory the Great

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Dunlop, Eileen and Antony Kamm (eds.). The Scottish Collection of Verse to 1800 (1985).

July 10, 2007

Generic Book

“Wha for Scotland’s King and law
Freedom’s sword will strongly draw,
Freeman stand, or freeman fa’?
Let him follow me!”

This is a great little collection of Scottish poetry. It limits itself to stuff written before 1800 which includes Burns but excludes Scott and is fairly well selected. It includes obscure Gaelic ballads as well as some of the most popular verse by Burns. What really sets it apart though is its organization. Instead of the poems being organized by poet or by chronology, they are instead organized topically thus there are sections on Food and Drink, The Sea, Sports and Games, etc. It helps to give a new perspective to the poems as one could, while reading, compare and contrast the representations of the topics. Unfortunately there was no law subdivision, oh well.

As it is a compilation, I’ll hit the law that I found in particular poems. Generally, the section on Kings and Queens is probably as a whole the most topical for law as it deals a great deal with issues of soveriegnty.

“Scots Wha Hae” by Robert Burns – The lines (quoted above and purported to be Robert the Bruce’s speech to his troops before Bannockburn) demonstrates the implicit linkage between the King and the Law that was at work in the middle ages. The two were so joined that if Scotland’s King was not ruling then Scotland wasn’t free (despite liberties that may be given under English rule). Of course we still see vestiges of this today with the Scottish Nationalism movement.

“Remonstrance to the King” by William Dunbar – This was written by Dunbar to protest the matter of his pension. Initially, it lists many of the types of people that would be at the kings court and includes “doctouris in jure.” The list though and the full account give a glimpse into life at the court of James IV.

“An Exhoartation to His Grace the King” by Sir David Lindsey. This is a popular type of work for the time in which the author attempts to tell the King what makes a great ruler. It starts with lines that state that God “of his preordinance,/Haith grantit thee to have governance.” This illustrates the idea that the Kings rule was granted by God and was used to back up the argument that his soveriegnty was unchallengable except by God who will not “excuse thyne ignorance” in governing. Since this is the case the King is told to “keip the observance” of the “lawis” of God. He is later told that in court the King should use both “Justice and Temperance,” and to “Do equale justice boith to gret and small.”

“The Queen’s Marie” (unattributed) – We find a bit of criminal law in this as one of the Queen’s ladies murders her own child. The Queen summarily sentences her to death. When one person embodies all three branches of government then there is no appeal.

“Lines on the Execution of King Charles I” by James Graham. This reflection expresses sorrow over the execution of Charles I. It is legally related because it was one of the first times that a King had his soveriegnty taken from him by the people in a court. It occurred in a trial wherein Charles I challenged the jurisdiction of the court on the grounds that his powers flowed from God and not the people.

“Battle of Otterbourne” (unattributed) – There is a smigden of the law of war here when Lord Percy refuses to surrender to anyone but the head of the Scottish Army; upon being presented with the fact that the leader is dead he hands over his sword with no complaint to the next in command. Despite the fact that the Scottish leader died the troops did not take vengeance on Lord Percy (which would have been a recognized law of war in the day).

“On Thanksgiving for a National Victory” by Robert Burns – In this poem Burns declares that it is wrong to “murder” in war and then give thanks. Burns obviously wasn’t familiar with the idea that not all killings are murder, and the killing of the opposing army in war is one that isn’t murder.

“My Last Will” by Robert Fergusson – Fergusson writes out his last will in verse and signs it. Its the way to go if you don’t have much to leave.

Eileen Dunlop
Antony Kamm


Brackstone, Carrie-Anne & Laura Bushell. Oi, Pikey: A Celebration of Cheap Living (2005).

June 15, 2007


Oi, Pikey

“2001 – 36 people attempt to sue McDonald’s after the famous coffee spilling lawsuit in th US. High Court Justice Richard Field said McDonald’s has no obligation to warn customers about the risk of scalding from a beverage that’s made from boiling water. Hard luck pikeys.”

This was a Christmas present purchased by my wife for me because on the back it says that it is for people who “take soaps from hotels.” At least she knows me well. Really, it is a comical book about living on the cheap in England (which becomes an ever harder task). It’s quite tongue in cheek and starts with a reclamation of the word Pikey. It usually refers to a gypsy or traveller, but Brackstone and Bushell want it to mean so much more. They say it should stand for those proud to value value and find liberty in that which is inexpensive. To be honest, though, it’s a fairly amusing book.

There are just random bits of law. The criminal law is treated with a short discussion of a recent ban on police using the word because it refered “to a particular type of criminal usually from the travelling community.” The authors conclude that a ban on “‘you’re,’ ‘under,’ and ‘arrest’ would have helped more pikeys (however they do note the financial advantages to jail time). They later tell us that the pikey child should hone his criminal skills when young, because that is when he is “out of reach of the long arm of the law.”

In addition to the reference above to the McDonald’s Case, they mention comedian Ken Dodd’s trial for tax evasion (he was acquitted). It also tells us that Johnny Vegas nearly had to sue for the ₤1 that he sold his wedding photos for to Viz magazine.

A few lawyers make the book. When tracing the etymology of the words the authors look twice to usage in Charles Dickens, who was at one point a law clerk. Jerry Springer is a pikey hero, who besides being a famous white trash spokesman is also a lawyer. Cherie Blair is a successful ebayer and a barrister. There is also a reference to Ghandi who studied law in England.

Probably the only real legal theme that runs through the book is that Pikeys should take advantage of the law and live on the dole as much as possible. This can be either through the redistributive power of the welfare state or through the redistributive power of tort claims. Margaret Thatcher makes the book as an enemy of the Pikey because she “made massive cutbacks to [Great Britains] infrastructure, paving the way for capitalism.” This in part damaged the welfare state which “was the linchpin of pikey living.” The pikey, in the author’s view, must be able to get as much out of the state as possible.

So, um . . . oi, pikey.

Carrie-Anne Brackstone
Laura Bushell


MacDonald, Bruno (ed.) Pink Floyd: Through the eyes of . . . the Band, Its Fans, Friends, and Foes  (1996).

June 13, 2007

Pink Floyd“I have instituted proceedings in the High Court against myself for blatant plagarism, as I feel that this sort of thing must be stamped out.” -David Gilmour

Ah, the Floyd, a long time musical obsession of mine. Bruno Macdonald, in this book, has put together a compilation of short articles on Pink Floyd which covers pretty much everything up through the Division Bell album. Its a good selection, too. It includes stuff from die hard fans to the scathing critiques of the band. It also has a crafty little A to Z of all the songs. The highlight of the book for me is the article by Tom Hibbert in which he accuses Roger Waters of being the “gloomiest man in rock,” and having recently seen Roger in concert (at Earl’s Court), I think that I might wholeheartedly agree.

And there are some snippets of law in this baby. Brilliant.

The prevailing legal bit is of course about the Waters v. Floyd in which Roger Waters sued David Gilmour, Rick Wright, and Nick Mason from using the name Pink Floyd after Waters left the band. It is described at one point as a “legal football” of “which one’s Pink?” Waters believed that when he left the band it should have terminated because he was the driving creative force, and fair enough, at the time he was. But that didn’t stop the band from continuing when the original driving creative force left group in the form of a mentally fried Syd Barrett. However, Syd didn’t sue, so who knows. But maybe Water’s had a point as alot of the songs are credited primarily to him (i.e. most of The Wall). Of course I wonder how many of them notice that Mason is the only person to have been in the band from start to finish?

But of course its not all that easy as one finds in a David Fricke article from Rolling Stone article in the book. The real problem began when Waters fired a manager because he assumed Floyd was finished and that contractual obligations could not be completed when there was no band. The manager, Steve O’Rourke, wanted to get the royalty penalties that he felt he was entitled to due to an illegal termination under the contract. Waters apparently offered compromise deals to the others (at this time just Mason and Gilmour), which would have allowed them to retain the name by ratifying his dismissal of O’Rourke. They didn’t bite. So O’Rourke is about to sue Waters and Water’s tells Pink Floyd, “Listen, guys, if those papers come through my door, we all go to court. I am not going to be hung out in court for years and years while you guys are calling yourselves Pink Floyd.” As we all know he sued. Water’s characterizes the suit as a legal issue of who owns a piece of property called Pink Floyd, but recognizes that a court can’t determine “what is or isn’t a rock group.” He even recognizes that “no court in the world is interested in this airy fairy nonsense of what is and isn’t Pink Floyd.” As we all know Gilmour and Mason (and Wright, now) still use the name Pink Floyd so Waters lost out. Unfortunately, I haven’t really researched it enough to give you any more details than that.

There are also a few fleeting references to other law topics. There is an reference to the rise of the psychadellic movement in 1960s London, and its use of pirate radio stations. These were on their way out due to the Marine Offences Act “which was being rushed through the Commons.” This is followed by the police attempts at suppression of drugs, by using raids on the clubs where this music was being played (and taking in a few celebrities too). It does talk about one raid wherein the police searched 750 people and made 11 arrests.

Finally lets not forget that there is mention of one of the great rock songs about the law, “The Trial” off The Wall.

Bruno MacDonald


Harris, Thomas. Hannibal Rising (2006)

May 22, 2007

hannibalrising“It’s a juvenile crime, Etienne, a crime of passion. I don’t want a conviction, I want him declared insane. In an asylum they can study him and try to find out what he is.”

We should have seen it coming. With the horrendous ending that Thomas Harris gave to Hannibal (luckily rectified in the movie), why would he bother to give Lector a beginning that was worthwhile? I read one reviewer that said that Harris had “gone gay” for Hannibal. I disagree, if he had he might have bothered to write this book with some tender loving care instead of making it read like an “I’m drunk and need money” read (not that I know if Harris is even prone to drinking, but that is what it reads like . . . comparable to Ringo Starr in Shining Time Station.)

Hannibal Rising tells the story of a young Hannibal Lector and his journey from a priviledged child prodigy in Lithuania to his college days in Paris with his Japanese aunt, Lady Murasaki. The story lacks the psychological intrigue that made the previous novels in the series such gripping books. We learn that Lector is twisted due to the fact that his sister was eaten by starving war criminals and . . . and well thats it. I’m not saying that this wouldn’t be traumatic, but it is a hardly adequate explanation for Lector’s perverted predilictions. The book leaves the reader empty in that it is all story and no development, and thats what the reader of this book wants: the development of the monster. Instead, Harris shields Lector within Lector’s own mind. We learn how he gets his skills, but not why he exercises them after his gains vengeance for his young sisters death.

The legal thrust of the book is mainly in the realm of International Law and specifically International Criminal Law in post World War II Europe. Once the war enters the storyline the reader is treated to a series of war crimes committed by a group of pseudo German soldiers or Hilfswillige. For instance at one point Grutas (the antagonist) and his band of merry bad guys go looting disguised as the Red Cross. They also carry a barrage of false documents in order to seem like legal operatives to whomever they may encounter. Of course their war crime of eating Hannibal’s sister is included in the series of atrocities they commit.

Soon after the war ends and the post war era begins, there are references to the War Crimes Trials at Nuremberg. The first of which is a newspaper headline runs “Doctors Indicted at Nuremberg.” Then the reader meets Inspector Popil who delivered evidence at Nuremberg. Popil, as an investigator of war crimes, comes to the small French village to investigate the murder of the butcher that Hannibal kills. He comes because the butcher was suspected of war crimes and these “do not end with the war.” Popil investigates these because he lost his own family in the war. Later it is revealed that Hannibal is hunting (in vengeance) a few war criminals who were charged in absentia at Nuremberg. The result is that there is a conflict of sorts between Hannibal’s substantive justice and Popil’s formal justice. Popil wants to see these men go through the proper channels to recieve punishment. Hannibal, on the other hand, simply wants to see them punished.

The book also deals with crimes of art theft in the post war period. Specifically, a painting that Hannibal’s family owned appears on the market. According to the book it must be exhibited so anyone with a ownership rights my make a claim. When the art is confiscated, Inspector Popil demands the invoice and the Arts and Monuments advisory that is “required” to be on the premisis. The investigator and Hannibal then set a trap for the person that owns the mate to the painting. This man attempts to get Hannibal to sell to him due to the backlog of hearings (created under article 46 of the 1907 Hague Convention) that could keep Hannibal from actually getting ownership until he is an adult.

There are also aspects of general criminal law represented in the book. After Hannibal’s first violent outbreak he is questioned by the French Police. There is false testimony presented to try and protect Hannibal, but the commander is more concerned with protecting Hannibal himself. Thus he takes Hannibal into a jail cell and tells him, “Use judgement and you will never occupy a cell like this.”

Hannibal is later arrested, there is very little evidence against as pointed out by the prosecutor and he secures his release based on good behavior and good references. Hannibal’s incarceration is interesting because it helps to display a bit of the Lector character. He doesn’t feel guilt because he feels that his murders are completely justified. However, there is a gap in his thinking. Because he will kill if there is an attempt to bring him to justice. These enforcement officers are by all means innocent, yet they also recieve his retributive justice. This is the main failing in Hannibal’s thinking. This isn’t fleshed out in the book at all, but just something that occurred to me.

Later in the book, when Hannibal is in medical school, he must get death sentenced inmates to donate their bodies to science. To do this he must get them to sign a release. In probably the best few moments of the book, he must negotiate this deal with an inmate who acts as the lawyer for his client (a pile of clothing). The negotiation ends with the prisoner donating his body for a dose of laudanum before the execution. Inspector Popil is there and doesn’t want it administered because he feels that it diminishes the actual punishment that has been sentenced. Popil, “believe[s] in consequences.” In reality though the inspector wants one last chance to interrogate the prisoner about Klaus Barbie.

This is also a small question of Tax Law. When Hannibal’s uncle dies his chateau must be auctioned off in order to pay for the death taxes that have been levied. Since Lady Murasaki’s “resident status” comes into question with the death of her husband the tax collector cannot accept her sureties.

There is a bit of animal law also. We find out that the law of importation of insects in the “new republic” was “fuzzy” from a cricket dealer, and there is an ordinance against serving a local bird called an ortolan, that “came and went.”

Thomas Harris


Brown, Dan. Angels and Demons (2000).

May 17, 2007


“‘I guess lawyers haven’t evolved much over the centuries.’

‘Neither have sharks.'”

I have read another Dan Brown book. It must be that I am a glutton for punishment. Really I blame my wife, both of these books have found their way into our home and been carelessly left on the shelf, and I (due to mild OCD) have been compelled to pick them up and read them. Oh, the injustice.

Angels and Demons is a prequel to The Davinci Code and despite having some terrible plot holes and a simply ridiculous ending is, in my opinion, a better book (note: this doesn’t say much…its like saying that Jeffery Dahmer was a better serial killer than Jack the Ripper – they were both awful). It has a more flow and more a more action. Even the stakes are a little higher as it has Robert Langdon rushing about Rome trying to keep cardinals from being murdered and the Vatican from being destroyed (compare to the loss of some documents no one will ever read). But let us not kid ourselves it is essentially the same book as its progeny.

It does a have a smattering of all sorts of law in it, but no continuous themes of any sort, so (for those of you that care) here it all is set out quite haphazardly. It should be noted that these are the representations of law in the book and Mr. Brown isn’t exactly known for his historical research.

Air and Space Law – When Langdon is initially swept up into this crazy mess, he boards a space plane (the Boeing X-33) that took him up to 60,000 feet, but according to the pilot if they’d been going to Tokyo it would have gone up a mile. The legal question is one of International Space Law and the delimitation of space. The unresolved issue of where space begins has been kicked around since the sixties and the two competing views on making the determination are one that is based on the function of the craft and one that is based on a set altitude. This craft could go into a space where it would be unclear whether space law or aviation law applied. Furthermore due to its hopping around the world, it could become quite muddled as to what state is the launching state for purposes of the liability convention.

Later in the novel, Langdon must convince a pilot that Vatican Air Law could be ignored due to the circumstances.

Immigration Law – Langdon is able to bypass a passport check in Switzerland due to a “standing agreement with the Swiss government” that CERN has. He then gets into Italy and the Vatican the same way. Brown doesn’t tell us how he gets home.

Natural Law – Brown’s plot device of starting his books with a dead father, has a man who saw physics as “God’s natural law” killed.

Church and State – Maximillian Kohler, when discussing the tension between science and religion, notes that “half the schools [in the United States] are not allowed to teach evolution.”

Religious Law and Canon Law – Langdon, when asked about his religious beliefs, states that he struggles with religion because all the competing religions require adherence to a “code.” Non-compliance is of course the punishment of hell. He doesn’t think that God would “rule” that way. This highlights the idea of God as a law giver and a ruler, which defines God in mans political terminology.

Canon Law is where the book really shines (legally speaking, otherwise it doesn’t really shine at all). The entirity of the novel occurs during a Vatican Conclave to elect a new Pope. Brown goes into detail about the process. The “protocols,” according to the Swiss Guard commander, Olivetti, “are holy – not subject to modification.” These protocols require, according to the book that the Cardinal that is elected must be in the room at the time of the vote, once closed the conclave cannot be opened except to remove the ill or to admit late cardinals, and that only Cardinals are eligible for the job (although a Vatican scholar at the end of the book declares that a noncardinal can be elected by adoration according to ancient Vatican Electoral Laws). Of course later one of the cardinals moves to set aside the protocols as “man’s laws.”

Langdon and Vittoria can’t get anywhere with Olivetti so they request to see the chamberlain. As an interesting point of Law, when the Pope, head of state of the Vatican, dies “complete autonomous power” is transferred to the Pope’s personal assistant until the new pope is elected. The chamberlain later tells Olivetti that “by law” he is in charge. Langdon later uses this to his advantage to get into the Vatican archives which can only be done by either written decree from the Vatican Librarian or by Papal Mandate. Since the chamberlain holds that position he can deliver the mandate.

Brown also discusses what happens upon the popes death. Traditionally, the Chamberlain confirms the death by checking the Pope’s pulse and calling the Pope’s name three times. There is no autopsy “by law.” This is because the Pope’s body is seen as holy and shouldn’t be violated for forensic curiosity. However, the tomb is reopened in the novel due to a command from the chamberlain who feels that the law must be violated in order to preserve the Church.

Also of note is that Langdon has to search through the documents of the “Galileo Affair,” “the longest and most expensive legal proceedings in Vatican history.” We later find out the Galileo’s “legal trouble” began when he described planetary movement as eliptical (which differed from the Church’s view of circular).

There is reference to Rome in the 1600s when churches were, by law, the tallest buildings. And also that when an artist created art under the patronage of popes back then that the work automatically became property of the Vatican.

Law and Economics – Langdon gives an account of the masonic and illuminati symbology found on the United States $1 bill. He attributes this to Vice President Henry Wallace who was a high ranking Mason and would have had Illuminati ties. Wallace told Roosevelt that the Latin Novus Ordo Seclorum meant New Deal, Roosevelt accepted that because he was also a Mason. I always knew something trippy was going on on that bill.

Later the book reveals that President Woodrow Wilson gave radio broadcasts that warned of the Illuminati control over the U.S. Banking System.

Vatican Law – Throughout the book Langdon deals with the Swiss Guard who are both the police force and the military of the Vatican City. Initially they are very concerned with the Vatican dress code because Vittoria, the girl in the book, is wearing shorts (that’s a no no at the Vatican in case you are wondering).

One of the BBC journalists that gets involved, is asked to hand over film by the Swiss Guard. She claims that under Article 12 of the Free Press Act the film is property of the BBC. I don’t know if the free press act is International, British, or Italian, but it makes no difference as the Swiss Guard retorts that due to the holy doctrine governing the Vatican that she is subject to search and seizure. This teaches you not to mess with the Swiss Guard no matter how fru fru they look in that outfit.

English Law – It is mentioned that Churchill once said that “if English spies had infiltrated the Nazis to the degree the Illuminati had infiltrated English Parliment, the war would have been over in one month.”

It then turns to the 1998 decree by the Parliment Committee Chair, Chris Mullin, that all members of parliment who were Masons must declare their affiliation. This decree eventually applied to Judges and Police Officers (all three branches of government there). This was in response to “concern that secret factions within the Masons exerted considerable control over political and financial systems.”

Italian Law – The young Chamberlain, at 16, was obliged by Italian law to serve two years in reserve military training. He chose to do this even though he could have avoided his duties by going ahead and entering seminary.

Angels & Demons
Dan Brown


Lukefahr, Oscar. “We Believe…”:A Survey of the Catholic Faith. (1995)

April 30, 2007

We Believe…: A Survey of the Catholic Faith : Revised and Cross-Referenced to the Catechism of the Catholic Church

“Laws are necessary and good, but Christ’s followers must constantly strive to view them according to their mind and heart.”

Oscar Lukefahr, in “We Believe…”, attempts to give a straightfoward and short introduction to Catholicism. Its main audience is intended to be those that are new to the faith, but it could probably be handy for tried and true Catholics as well (not being Catholic myself I’m only assuming). His text covers many parts of the faith and cross references to the Catechism of the Catholic Church making it very easy to reference back to the source of the official doctrine. It is an easy read and is very accessible to the average unitiated reader.

There are three different types of references to law that can be found in the book. The first is references to occurences of law within the Bible. The second is to Canon Law itself. Finally, there are references to the role of the Catholic Church in the political state.

His references to law in the Bible aren’t by any means a full treatment of the subject. Instead, they are incidental to the story that Lukefahr is telling. He begins with a brief history of the nation of Israel. He notes that in 63 BC the Romans conquered Jerusalem and made Palestine a vassal state. This event created, of course, conflicting regimes in the area: Roman Law versus Jewish Law. He states that throughout its long history “the Israelite nation had little political or military influence” (barring a brief period under David). He then goes on to discuss the formation of the Bible itself as the telling of this history, noting that among the different items collected into the document are laws, which is what the Jewish priests were trained in.

After his discussion of Jewish history he moves into the life of Christ (and the beginnings of Christian history). In describing the political climate, he relates the different sects of Jews that were active at the time. Of particular note are the Sadducees and the Pharisees both of whom strictly followed the written law that could be found in the Torah. Also, he mentions the Zealots, who believed the Messiah would be a military leader and a political leader.

Christ’s tensions with these groups came partly, according to Lukefahr, from his resistance to their observance of “thousands of detailed regulations.” The Sadducees feared that he would cause a “civil disturbance,” whereas the Pharisees accused him of breaking the law. This, of course, leads to one of the most monumental moments in history and an interesting bit of conflict of laws. The Pharisees tried Christ in a secret “unfair trial” and sentenced him to death. They then took him to Pontius Pilate in order that he might be condemned under Roman Law also. Lukefahr claims this is because they didn’t want to bear the blame and because they wanted Christ “to undergo the humiliation of a Roman crucifixion.” They accused him of treason, but Pilate found him innocent. As we all know, though, the Pharisees were persistent and eventually forced Pilate to sanction the execution.

After the death of Christ, the apostles go on telling his story. This is when Canon law begins to develop. One example that can be found in Lukefahr’s work is that many Christians of Jewish background were upset that Paul and Barnabas did not require new converts to follow Jewish Law. This view was rejected by a council in Jerusalem in 49 AD. This council reflects one of the early law making bodies in the church. Councils like this dealt with theological and rule making matters (and still do today). Lukefahr takes note that some people believe that “Christ never intended a Church with its leaders, rituals, laws, and potential for scandal and sin.” he makes the argument though that the Church was intended to have standards of membership and portrays Christ as a rule giver. He states that the church is a society and that “no society can exist without” rules and leaders.

As to specific rules of Canon law, his references are sparse. Propbaly the best place to find them are in his description of the sacrement of Marriage. He discusses specifically the capacity to be wed noting that a marriage can be invalidated by the Church if it violates either Church law or civil law. He also discusses the process for a annulments that are given by a diocesan tribunal. The anullment does not have civil effects and does not affect the status of children. He then discusses the Pauline Priviledge in which the Church amay disolve the marriage of unbaptized persons (and the similar Petrine Priviledge between an unbaptized and a baptized). Finally, he addresses divorce. The Catholic Church does not view civil divorce as ending a marriage, an annulment must be granted. Lukefahr does note though that the civil divorce does not exclude a Catholic from practice of the faith and that the civil divorce may be a necessity in order to protect people from abuse.

He also addresses the Ten Commandments. He argues that if the commandments are kept by all then we can truly be free. For example. if nobody steals then we are free from having to lock up out things, etc. It is an interesting argument, but not terribley well developed.

When it comes to the Church and its functions in the State, Lukefahr begins with the Decree of Milan issued by Constantine in 313 which granted religious toleration to Christians. While he notes that Constantine’s effots ended many problems, he is wary that this “opened a door to church-state entanglements that would create new problems for the Church.” This door is taken advantage of as the Roman Empire begins to collapse allowing the Church to “bec[o]me a civilizing force,” and again when Charlemagne was crowned Holy Roman Emperor in 800 and “renewed church-state ties, laying the groundwork for corruption and decay.” This corruption persisted until, he claims, the Council of Trent, after which there has been a steady movement “away from secular entanglements.” He even goes so far as to mention the US Constitution as a “new understanding” of the church state relationship.

This book functions as a handy introduction to the Catholic faith and includes both Theology and a little bit of law. While it is targeted more towards those actively trying to enter the faith, it could prove handy to someone needing an introduction to Catholic teachings.

Oscar Lukefahr