New article: “A Servile Copy”

Kellen Funk and I have just published an article titled “A Servile Copy: Text Reuse and Medium Data in American Civil Procedure” (PDF). The article is a brief invited contribution to a forum in Rechtsgeschichte [Legal History] on legal history and digital history. Kellen and I give an overview of our project to discover how nineteenth-century codes of civil procedure in the United States borrowed from one another. (We will have more soon about this project in a longer research article.)

If you are interested in digital legal history, you might also look at some of the articles which have been posted in advance of the next issue of Law and History Review, which will be focused on digital legal history.

Working Paper on the Migration of Codes of Civil Procedure

Kellen Funk and I are working on detecting how a New York legal code of civil procedure spread to most other jurisdictions in the United States. That Field Code and the other codes derived from it are the basis of modern American legal practice, so tracking the network and content of the borrowings reveals the structure of a significant part of American legal history.

States
Figure 1: States which adopted a version of the Field Code. [JPEG]

In response to an invitation from the Digital Humanities Working Group at George Mason, we wrote a working paper that describes the current state of our research. In the paper we explain the historical problem to show why it is worth tracking how the Field Code spread. Then we give an overview of how we went about detecting which civil procedure codes were similar to one another, after which we give a few sample visualizations to show how we went about learning from those similarities. And finally we wrap up with a summary of what we think our project tells us about the history of nineteenth-century American law. We are working on an article, which will be structured rather differently with a fuller statement of our argument and many more visualizations, but in the meantime the working paper gives a fairly succinct overview of the project and its argument. It may also be of interest for going into more detail as to how a historical data analysis project proceeds from problem to interpretation than we may be able to do in the article. We also have a notebook with more details about the project.