COMPARATIVE LAW AND THE INTERNET Normann Witzleb, Dieter Martiny, Ulrich Thoelke and Tim Frericks European University Viadrina, Frankfurt(Oder (updated August 2002) Readers are reminded that this work is protected by copyright. While they are free to use the ideas expressed in it, they may not copy, distribute or publish the work or part of it, in any form, printed, electronic or otherwise, except for reasonable quoting, clearly indicating the source. Readers are permitted to make copies, electronically or printed, for personal and classroom use. Contents 1. Introduction 2. Legal information on the Internet 2. Reference material 2.2CO 2. 1 Primary sources 2.2.2 Secondary sources 3. Specific usefulness of the Internet for comparative lawyers 3.1 Accessibility 3.2 Searchability 3.3 Authenticity 3. 4 Up-to-dateness 4. How to search legal material on the Internet 4. I Search engines 4.2 Legal indices 5. The virtuelle Rechtsvergleicher' 5. 1 Concept 5.2 Structure 5.3 5.3.1 Legal fields 5.3. 2 The countries 5. 4 The categories 6. Concluding remarks Notes
COMPARATIVE LAW AND THE INTERNET Normann Witzleb, Dieter Martiny, Ulrich Thoelke and Tim Frericks European University Viadrina, Frankfurt (Oder) (updated August 2002) Readers are reminded that this work is protected by copyright. While they are free to use the ideas expressed in it, they may not copy, distribute or publish the work or part of it, in any form, printed, electronic or otherwise, except for reasonable quoting, clearly indicating the source. Readers are permitted to make copies, electronically or printed, for personal and classroom use. Contents 1. Introduction 2. Legal information on the Internet 2.1 Reference material 2.2 Content material 2.2.1 Primary sources 2.2.2 Secondary sources 3. Specific usefulness of the Internet for comparative lawyers 3.1 Accessibility 3.2 Searchability 3.3 Authenticity 3.4 Up-to-dateness 4. How to search legal material on the Internet 4.1 Search engines 4.2 Legal indices 5. The 'virtuelle Rechtsvergleicher' 5.1 Concept 5.2 Structure 5.3 Scope 5.3.1 Legal fields 5.3.2 The countries 5.4 The categories 6. Concluding remarks Notes
1. introduction For their daily work, researchers working in a comparative or international context need a mixture of different types of information, islation, courts and case law, but also on lawyers, studying aw and literature. Research in specialised foreign law libraries or the country itself is, however, rarely a possibility, especially when the question arises ad hoc. Lack of access to foreign legal material and data has therefore, in the past, been a ma jor hindrance to comprehensive and up-to-date research. Modern information technologies help to overcome these problems and eliminate the difference in time and space; theoretically, they give everyone access to the know ledge of the whole world. It is, therefore, of great interest to use these new means for comparative research. This article undertakes to give a survey of material on private law in Europe currently available on the Internet", including some reflections on the usefulness of the Internet in its present state and functionality for the comparative lawyer. On a more practical level, this article also aims to portray and introduce the virtuelle rechtsvergleicher', a research tool designed to accommodate the specific needs of comparative lawyers and to allow structured and easy access to the most informative legal sites in this field 2. Legal information on the internet Considering the vast amount of legal information available on the Internet and the nearly unlimited variety in quality and character, it is hard to find reasonable criteria to structure it. The most useful categorisation seems to be to distinguish between (1.) reference material, i.e. sites that allow research on whether certain documents exist, where they were published and/or how they can be obtained on paper, and(2)content terial, i.e. sources which give direct access to electronic full-text versions of documents 2. 1 Reference material The Internet has become a very dependab available printed material and a convenient aid in establishing a bibliography on a research topic. It is possible to find almost any information on books and legal journals on the net. Most European national
1. Introduction For their daily work, researchers working in a comparative or international context need a mixture of different types of information, mainly on legislation, courts and case law, but also on lawyers, studying law and legal literature. Research in specialised foreign law libraries or the country itself is, however, rarely a possibility, especially when the question arises ad hoc. Lack of access to foreign legal material and data has therefore, in the past, been a major hindrance to comprehensive and up-to-date research. Modern information technologies help to overcome these problems and eliminate the difference in time and space; theoretically, they give everyone access to the knowledge of the whole world. It is, therefore, of great interest to use these new means for comparative research. This article undertakes to give a survey of material on private law in Europe currently available on the Internet(1), including some reflections on the usefulness of the Internet in its present state and functionality for the comparative lawyer. On a more practical level, this article also aims to portray and introduce the 'virtuelle Rechtsvergleicher', a research tool designed to accommodate the specific needs of comparative lawyers and to allow structured and easy access to the most informative legal sites in this field. 2. Legal information on the Internet Considering the vast amount of legal information available on the Internet and the nearly unlimited variety in quality and character, it is hard to find reasonable criteria to structure it. The most useful categorisation seems to be to distinguish between (1.) reference material, i.e. sites that allow research on whether certain documents exist, where they were published and/or how they can be obtained on paper, and (2.) content material, i.e. sources which give direct access to electronic full-text versions of documents. 2.1 Reference material The Internet has become a very dependable source of information about available printed material and a convenient aid in establishing a bibliography on a research topic. It is possible to find almost any information on books and legal journals on the net. Most European national
libraries (which are linked by the gateway Gabriel)and academic libraries provide WWW access to their catalogues allowing searches by formal criteria such as title, author, year of publication as well as search by keywords. The catalogues of library networks (or meta-catalogues such as the German Karlsruher Virtuelle Katalog a)allow simul taneous research in all participating libraries. The publishers or Internet bookshops catalogues as well as indices such as the Verzeichnis lieferbarer Buecher (index of available books in the German language) are useful tools to remain up-to-date on the latest publications that may not yet be shelved in the libraries. The increasing importance of the Internet also means that it has become hard to find a government department, law faculty, research institute or pressure group without some sort of Internet presence. Even though the amount of information given varies considerably, all home pages contain some form of function or mission statement and facilitate contacts for further information. It has therefore become much easier to get a picture of who is working on what, who to ask for background information and how to obtain certain material. Also, for organisers of conferences it has become common to provide dates and details of the proceedings, sometimes n abstracts of the presentations t the I 2.2 Content material 2.2.1 Primary sources Most European countries now publish new legislation to some extent on the Internet. While parliamentary statutes the most important source of law are usually published through their parliamentary servers or through full-text online legal gazettes, the practice as to secondary legislation differs widely. Some countries do not officially publish any secondary legislation, while others offer extensive access either alongside the published statutes or on the government or departmental servers. In many countries, legislation enacted prior to the establishment of online access is not published in full text on the Internet, but can sometimes be traced by title and source. Occasionally, these gaps are filled by private enterprise (e. g, from 1949 onwards, the Bundesgesetzblatt- has been published as a facsimile version of the printed original). Apart from the statutes themselves, parliamentary servers also often provide important information on the legislative process, such as transcripts of parliamentary debates, committee reports or up-to-date information on the current state of legislative proposals
libraries (which are linked by the gateway Gabriel(2)) and academic libraries provide WWW access to their catalogues allowing searches by formal criteria such as title, author, year of publication as well as search by keywords. The catalogues of library networks (or meta-catalogues such as the German Karlsruher Virtuelle Katalog(3)) allow simultaneous research in all participating libraries. The publishers' or Internet bookshops' catalogues as well as indices such as the Verzeichnis lieferbarer Buecher(4) (index of available books in the German language) are useful tools to remain up-to-date on the latest publications that may not yet be shelved in the libraries. The increasing importance of the Internet also means that it has become hard to find a government department, law faculty, research institute or pressure group without some sort of Internet presence. Even though the amount of information given varies considerably, all home pages contain some form of function or mission statement and facilitate contacts for further information. It has therefore become much easier to get a picture of who is working on what, who to ask for background information and how to obtain certain material. Also, for organisers of conferences it has become common to provide dates and details of the proceedings, sometimes even abstracts of the presentations to a wider public on the Internet. 2.2 Content material 2.2.1 Primary sources Most European countries now publish new legislation to some extent on the Internet. While parliamentary statutes - the most important source of law - are usually published through their parliamentary servers or through full-text online legal gazettes, the practice as to secondary legislation differs widely. Some countries do not officially publish any secondary legislation, while others offer extensive access either alongside the published statutes or on the government or departmental servers. In many countries, legislation enacted prior to the establishment of online access is not published in full text on the Internet, but can sometimes be traced by title and source. Occasionally, these gaps are filled by private enterprise (e.g., from 1949 onwards, the Bundesgesetzblatt(5) has been published as a facsimile version of the printed original). Apart from the statutes themselves, parliamentary servers also often provide important information on the legislative process, such as transcripts of parliamentary debates, committee reports or up-to-date information on the current state of legislative proposals
Compilations of legislation and consolidated legislation are more likel to be found from non-authoritative sources only. Apart from commercial databanks, it is often research institutes or non-governmental organisations that provide this service. An important multi-jurisdictional resource on legislation is, e.g., the former U. S House of Representatives Internet law library (now hosted by a number of organisations such as LawGuru ) a further resource is the International Constitutional Law (icl) databank hosted by the University of Wuerzburg, which collates the texts of the constitutions and related information on a large number of countries. The presence of courts on the Internet has also rapidly increased in recent years. Most constitutional courts and supreme courts have their own home page. Whether they contain more than general information on the court and its function depends on the country and the importance of judicial decisions in its legal system. In common-law systems, in particular in the USA and Australia, comprehensive and well-structured access has become a matter of course. As with legislation, lacunae in official publication-especially with older decisions are often filled by private databanks, with scope, speed, search options and method of access depending on the provider. Decisions in specialised legal fields can also be found via universities, law firms or organisations within the field concerned 2. 2. 2 Secondary sources The Internet is also of increasing importance as a mode of publication for legal literature of interest to academics. However, the majority of stablished legal journals to date present only their content pages online, while some others offer at least selected articles in full text as a foretaste of their printed edition. Most online literature can therefore be found in new journals that are- like the ejcl- published exclusively as electronic journals. The speed and force with which the publishing world changes under the influence of modern media have led to a further increase in the number of law journals, particularly at university level. While they can usually be found in lists of journals, it is even harder to keep track or get hold of the mushrooming non-refereed law journals and in-house magazines of legal firms and organisations. They frequently report or comment on recent court decisions or review areas of law with special reference to the needs of the practitioner and thus do not only serve as a forum for communicating with (prospective) clients but also help to keep those interested informed about the latest developments in certain legal fields
Compilations of legislation and consolidated legislation are more likely to be found from non-authoritative sources only. Apart from commercial databanks, it is often research institutes or non-governmental organisations that provide this service. An important multi-jurisdictional resource on legislation is, e.g., the former U.S. House of Representatives Internet law library(6) (now hosted by a number of organisations such as LawGuru(7)); a further resource is the International Constitutional Law (ICL)(8) databank hosted by the University of Wuerzburg, which collates the texts of the constitutions and related information on a large number of countries. The presence of courts on the Internet has also rapidly increased in recent years. Most constitutional courts and supreme courts have their own home page. Whether they contain more than general information on the court and its function depends on the country and the importance of judicial decisions in its legal system. In common-law systems, in particular in the USA and Australia, comprehensive and well-structured access has become a matter of course. As with legislation, lacunae in official publication - especially with older decisions - are often filled by private databanks, with scope, speed, search options and method of access depending on the provider. Decisions in specialised legal fields can also be found via universities, law firms or organisations within the field concerned. 2.2.2 Secondary sources The Internet is also of increasing importance as a mode of publication for legal literature of interest to academics. However, the majority of established legal journals to date present only their content pages online, while some others offer at least selected articles in full text as a foretaste of their printed edition. Most online literature can therefore be found in new journals that are - like the EJCL(9) - published exclusively as electronic journals. The speed and force with which the publishing world changes under the influence of modern media have led to a further increase in the number of law journals, particularly at university level. While they can usually be found in lists of journals, it is even harder to keep track or get hold of the mushrooming non-refereed law journals and in-house magazines of legal firms and organisations. They frequently report or comment on recent court decisions or review areas of law with special reference to the needs of the practitioner and thus do not only serve as a forum for communicating with (prospective) clients but also help to keep those interested informed about the latest developments in certain legal fields
The publication of textbooks solely on the Internet is still rare, and will probably remain so for the foreseeable future. This is probably not only for reasons of commerce and prestige, but also due to the inconvenience of having to down load and read or print vast amounts of text. There are, however, laudable exceptions like the Zivilrecht online Lehrbuch fuer Oesterreichisches Buergerliches Recht(Textbook on Austrian Civil Law) by Professor Heinz Barta from Innsbruck, which is advertised as the first student textbook on the Internet. Also growing number of academic teachers use the Internet as a teaching aid. Offers range from interactive learning tools to a simple presentation of lecture notes, exam papers and diagrams to the students and to interested lawyers outside the university. These are, of course, primarily designed to fit university law courses but -depending on their depth and quality sometimes allow more than a first overview of a certain field or problem. A good example of the latter are Professor Werlauff s publications on various subjects of Danish business law- In general, the publication of secondary material is still developing. At present, it is usually still difficult to predict whether the chand of coming across relevant and useful material will warrant the time spent perusing the net. In particular,' soft' material not directed at the legal academic but at a wider public can often only be traced by using search engines. For this kind of background information, it can be worthwhile checking out the home pages of special agencies, lobby groups professional organisations or other entities that have an interest in disseminating relevant information The extent of publication of legal material depends heavily on the field of law in question. However, there is an interaction between publishers and readers' expectations in this respect: One is more likely to find worthwhile material in areas of law which are anticipated to be searched on the net. For this reason, publications concerning Internet or Information Technology and the Law are naturally among the most readily encountered on the Internet. Less inflationary but still likely to be found is material on transnational aspects of law, especially international commercial, tax or intellectual property law. And in all fields of law, obviously the most recent developments are the most likely to be covered by Internet publications Apart from strictly legal material, the WWw also contains numerous other sites which help to make the work of comparative lawyers simpler and more convenient. Examples of useful tools are (general or legal)dictionaries such as Eurodicautom", a translation engine ma terminology(twelve languages), and directories of legal professionals
The publication of textbooks solely on the Internet is still rare, and will probably remain so for the foreseeable future. This is probably not only for reasons of commerce and prestige, but also due to the inconvenience of having to download and read or print vast amounts of text. There are, however, laudable exceptions like the Zivilrecht online - Lehrbuch fuer Oesterreichisches Buergerliches Recht (Textbook on Austrian Civil Law) by Professor Heinz Barta from Innsbruck, which is advertised as the first student textbook on the Internet(10). Also, a growing number of academic teachers use the Internet as a teaching aid. Offers range from interactive learning tools to a simple presentation of lecture notes, exam papers and diagrams to the students and to interested lawyers outside the university. These are, of course, primarily designed to fit university law courses but - depending on their depth and quality - sometimes allow more than a first overview of a certain field or problem. A good example of the latter are Professor Werlauff's publications on various subjects of Danish business law(11) . In general, the publication of secondary material is still developing. At present, it is usually still difficult to predict whether the chance of coming across relevant and useful material will warrant the time spent perusing the net. In particular, 'soft' material not directed at the legal academic but at a wider public can often only be traced by using search engines. For this kind of background information, it can be worthwhile checking out the home pages of special agencies, lobby groups, professional organisations or other entities that have an interest in disseminating relevant information. The extent of publication of legal material depends heavily on the field of law in question. However, there is an interaction between publishers' and readers' expectations in this respect: One is more likely to find worthwhile material in areas of law which are anticipated to be searched on the net. For this reason, publications concerning Internet or Information Technology and the Law are naturally among the most readily encountered on the Internet. Less inflationary but still likely to be found is material on transnational aspects of law, especially international commercial, tax or intellectual property law. And in all fields of law, obviously the most recent developments are the most likely to be covered by Internet publications. Apart from strictly legal material, the WWW also contains numerous other sites which help to make the work of comparative lawyers simpler and more convenient. Examples of useful tools are (general or legal) dictionaries such as Eurodicautom(12), a translation engine mainly for European Union terminology (twelve languages), and directories of legal professionals