Pathways in Law and History

Voices. Pathways in Law and History is one of the three forms through which MILHIS Voices presents and reflects upon legal-historical research. It is devoted to the trajectories of inquiry, and to the processes through which historical knowledge of law is gradually shaped, rather than to definitive results or closed interpretations.

Each contribution focuses on a pathway—archival, methodological, intellectual, or interdisciplinary—bringing attention to the choices, passages, and detours that structure research over time. By foregrounding encounters with sources, research practices, and the circulation of ideas, Pathways shows how history and law intertwine through sustained scholarly work.

In this sense, Pathways emphasises continuity and connection. It traces the routes that link questions, materials, and perspectives, situating individual inquiries within broader research trajectories. Within the framework of MILHIS Voices, the section opens research processes to comparison and reflection, encouraging the interaction of different approaches while maintaining the specificity of each scholarly path.

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The fourth contribution to Pathways in History and Law is entrusted to professor Georges Martyn, who explores legal history through the interdisciplinary perspective of historical legal iconology. In considering the interaction between law and visual cultures, Martyn proposes a methodological approach and a reflection on the value of artworks as privileged lenses through which to investigate law as a historical, social, and cultural phenomenon.

Looking at Legal History through the Lens of Art

by Georges Martyn – 1 July 2026

Legal history, like legal philosophy, is an intrinsically interdisciplinary field of scholarship. As such, it can be regarded as one of the earliest precursors of the (postmodern) movement commonly referred to as Law and the Humanities (including such subfields as Law and Literature, Law and Cinema, and Law and the Visual). Whereas traditional legal scholarship—and the dogmatic approach to legal history based solely on the diachronic comparison of legislative, judicial, and doctrinal texts—tends to conceive of law as a rational and systematic body of knowledge grounded in uniform principles and clearly defined concepts, the Law and the Humanities movement approaches legal phenomena from a different perspective. It examines law as an instrument of political power and social engineering: a fundamentally human construct that is therefore susceptible to failure, contestation, evolving interpretations, error, and abuse.

Contextual legal history forms an integral part of this approach. Rather than adopting a juridically dogmatic perspective—often based on legal fictions such as the presumption that everyone is deemed to know the law—it studies legal phenomena within their broader historical, social, political, and cultural contexts. Drawing upon the methods and paradigms of historical scholarship, contextual legal history therefore relies on a wide range of sources extending beyond purely legal materials.

One of the most fascinating areas of research within this interdisciplinary framework is historical legal iconology, which employs artworks as primary source material. Drawing on the methods of iconography developed in art history, historical legal iconology investigates the interaction between law and visual culture. While its primary focus is on representations of law in art, it necessarily also requires an understanding of the legal regulation of artistic production. Situated at the intersection of legal history and art history, it examines, for example, how painted and sculpted exempla iustitiae were commissioned by judges and magistrates to legitimize judicial authority while simultaneously warning against its potential abuse.

During the Late Middle Ages and the Early Modern period, members of the emerging professional legal class frequently commissioned portraits of themselves, thereby shaping public perceptions of legal authority and expertise. At the same time, visual sources reveal sharp critiques of the legal system, highlighting concerns about excessive costs, lengthy delays, and the opacity of legal discourse. Even today, Western courthouses and legislative institutions continue to employ symbols and visual motifs with centuries-old pedigrees, many of which are rooted in Christian iconography.

Visual sources substantially enrich the study of legal history. These range from magnificently illuminated medieval manuscripts of Roman and canon law, marginal drawings produced by court clerks, and topographical representations of pillories and gallows, to revolutionary pamphlets, illustrated codifications, political cartoons, and contemporary courtroom journalism.

Inspired by the three-tiered interpretative method developed by the art historian Erwin Panofsky, the historical legal iconographer begins by producing a detailed description of the visual representation. Particular attention is paid to compositional elements such as relative scale—which may indicate the importance attributed to specific figures or concepts—and color symbolism. For instance, red may signify supreme justice, whereas yellow has historically been associated with poison, hatred, prohibition, or even prostitution.

In the second stage of analysis, an iconographical interpretation is sought for each element represented in the artwork. Most jurists, for example, are familiar with the symbolism of Lady Justice: her scales signify the weighing of competing interests and arguments, while her sword represents the authority to enforce justice decisively when necessary. Less widely known is the history of the blindfold, which is now commonly interpreted as a symbol of judicial impartiality. In its earliest artistic representations, however, it functioned as a satirical critique of the justice system rather than as a positive attribute.

Although neither scales nor swords play a practical role in contemporary Western judicial procedures, they remain powerful and widely recognized visual symbols of justice. Historical artworks also preserve evidence of legal rituals, instruments, and emblems that have long since completely disappeared from legal practice and visual culture. Examples include the flayed skin associated with the story of Cambyses, symbolizing judicial incorruptibility; the rod of justice as an emblem of authority; and ceremonial medals that served to legitimize judicial officeholders. While art historians can assist legal scholars in identifying personifications, allegories, and broader visual traditions, jurists frequently contribute their expertise in interpreting symbols that refer to legal concepts, institutions, and maxims.

The third stage of analysis situates the artwork within its broader historical and social context. The researcher investigates questions such as who commissioned the work and for what purpose; how it was received, interpreted, and appropriated over time; and whether it was subsequently altered, mutilated, relocated, or otherwise transformed. Historical legal iconology therefore extends beyond the interpretation of visual symbols to examine the dynamic relationships between jurists, artists, patrons, and audiences.

By integrating legal, artistic, and historical perspectives, historical legal iconology offers a more nuanced understanding of the place of law and legal professionals within society. It sheds light on the ideals that legal institutions seek to embody, the values they communicate through visual representation, and the often significant gap between these aspirations and their practical realization.

Essential bibliographical references for historical legal iconology:

Curtis, Dennis E. en Resnik, Judith, Representing Justice. Invention, Controversy, and Rights in City-States and Democratic Courtrooms, New Haven, 2010; Huygebaert, Stefan et al., The Art of Law. Three Centuries of Justice Depicted, [exh.cat. Groeningemuseum Bruges 28.10.2016-05.02.2017], Tielt, 2016; Huygebaert, Stefan et al. (eds.), The Art of Law. Artistic Representations and Iconography of Law and Justice in Context, from the Middle Ages to the First World War, Cham, 2018; Jacob, Robert, Images de la justice. Essai sur l’iconographie judiciaire du Moyen Âge à l’âge classique, Paris, 1994; Pleister, W. & Schild, W. (eds.), Recht und Gerechtigkeit im Spiegel der europäischen Kunst, Köln, 1988; Prosperi, Adriano, Justice Blindfolded. The Historical Course of an Image, Leiden, 2018; Schild, Wolfgang, Bilder von Recht und Gerechtigkeit, Köln, 1995.

Georges Martyn

Professor of Legal History

Ghent University, Flanders, Belgium