At 05:27 AM 09/07/2007, you wrote:
While compiling the list I got into a problem I would be happy to have it discussed by all the diplomatic scholars subscribed to this list: The DEEDS-Project distinguishes between "issuer" and the "person acting". In charters issued by kings, popes etc. and in the tradition of the "charta" both roles seem to coincide. But am I right that it can be a concept to distinguish between the issuing notary and the persons juridically acting in an notarial instrument? Or would you propose other names and concepts to keep both case together where they are the same, and apart where they aren't?
Isn't this the classic distinction (theorized by the Germans, if memory does not fail me) between the "author of the record" and the "author of the act"? In records issued ad substantiam they usually coincide, while in those issued ad probationem they do not. The exception in the former category is constituted not only by notarial instruments (not all of them), but also by some specific records issued by collective entities, such as cities and universities, where the author of the act is the authority in charge, but the record is issued by the entity. A modern example is a patent for an invention, which is issued by the USA (for example) but the author of the act is the patent office of the Secretary of State. In another example, grants issued by the Queen to Canadian crown corporations show the Queen as the author of the record but the relevant Provincial Government as the author of the act. As to the DEEDS terms, the Michaels and I exchanged notes about them before they were sent to you, so I am fine with them (of course confined as they are to the Latin language and to a specific historical period). Ciao, Luciana Dr. Luciana Duranti Professor, Archival Studies Director, The InterPARES Project www.interpares.org School of Library, Archival and Information Studies www.slais.ubc.ca The University of British Columbia Suite 301, 6190 Agronomy Road Vancouver, British Columbia V6T 1Z3 CANADA Tel: 604.822.2587 FA: 604.822.6006 www.interpares.org/ld/