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Shaping Law at the Margins

Shaping Law in the Margins: An Analysis of Editorial Practice

For nineteenth-century readers of these three editions of Matthew Bacon’s A New Abridgement of the Law, the printed case cites in the margins of the page were just as authoritative as the main text. A lawyer before the U.S. Supreme Court during Chief Justice John Marshall’s tenure invoked the cases collected in the margin of page 609 of Henry Gwillim’s edition of the Abridgement to substantiate an argument about a common law evidentiary rule. This may have been the move of a savvy advocate, since Marshall himself cited cases collected in the margins of Gwillim’s edition in his common law opinions. 

The editors of the three editions displayed here reshaped the substance of Bacon’s Abridgement through their marginal notes. As the advertisement to John Bouvier’s edition acknowledges, editors added cases to the margins that they felt were “useful to his professional brethren” and which would “elucidate” the proposition in Bacon’s main text. But these marginal annotations did more than elucidate Bacon’s work. Each marginal annotation put a new gloss on Bacon’s original exposition of common law rules. Editors elevated cases to positions of authority by citing them in the margins. 

 

Curator

Mathew Hamilton

Exhibition

Shaping Law at the Margins

Legal texts carry the marks of their past, from the inscriptions of a reader to the stitched bindings and chain-lined paper of a printer. These marks of ownership and construction reveal what law was, how it was read, and how it worked. Curated by students from across UVA, this exhibit brings together inscribed legal texts from the sixteenth to the nineteenth century, selected from the Law Library's Special Collections and the Albert & Shirley Small Special Collections Library. Each student curator provides a deeper look into their selected items in the StoryMap exhibits below.

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