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CONFERENCE: the "Lincoln Record Society's Magna Carta Conference" (Lincoln, April 7-9, 2015)

WHAT: the Lincoln Record Society's Magna Carta Conference
WHERE: University of Lincoln, University main campus, Brayford Pool, Lincoln
WHEN: April 7-9, 2015
All information hereProvisional Program
Tuesday, 7 April (afternoon)Early Career Researchers sessionsSpeakers:Sophie Ambler (University of East Anglia), ‘Who Witnessed Magna Carta?’
  • Will Eves (University of St. Andrews), ‘Royal Justice in the Years Preceding Magna Carta: Actions of Mort D'Ancestor before King John, 1199-1216’
  • Katherine Har (University of Oxford), ‘Navigating the royal administration of justice in late twelfth- and early thirteenth-century England’
  • Joshua Hey (University of St. Andrews), ‘A Comparison of the Oaths in Magna Carta’
  • Felicity Hill (University of East Anglia), ‘Magna Carta and Pastoral Care’
  • James Richardson (University of York), ‘Ecclesiastical liberty and church reform: bishops and their dioceses in the reign of Edward I’
Wednesday, 8 April (all day)Keynote address: David Carpenter, Title to be confirmed but probably an overview by the world expertSpeakers:
  • Dauvit Broun (University of Glasgow), ‘Scotland’s Magna Carta?’
  • David Crook (University of Nottingham / Lincoln Record Society), ‘Magna Carta and the Charter of the Forest, 1215-17’
  • Philippa Hoskin (University of Lincoln), ‘Magna Carta, episcopal rights and the 1250s ‘
  • Helen Lacey (University of Oxford), ‘Invocations of Magna Carta in the Later Middle Ages’
  • Frédérique Lachaud (Universite de Lorrainé, Metz), ‘Limiting the king’s powers by law and counsel: Magna Carta in the context of political theory (c. 1150-c. 1215)’
  • Jessica Nelson (The National Archives), ‘Anglo-Scots relations in the Age of Magna Carta’
  • Louise Wilkinson (Christ Church University, Canterbury), ‘Lincolnshire Women in the Age of Magna Carta’
  • Evensong with lecture in Langton by Wragby church, birthplace of Archbishop Stephen Langton, one of the chief architects of Magna Carta
  • Formal dinner in Lincoln Cathedral (lecture by Lord Patrick Cormack, Chairman of the Historic Lincoln Trust, and medieval music from Lincoln Waits) 
Thursday, 8 April (morning)Events (TBC but will include):
  • Visit to Lincoln Cathedral Library
  • Visit to Lincoln Castle to view Lincoln’s copy of Magna Carta
  • Walking tour of uphill Lincoln

Categories: Comparative Law News

ARTICLE: "The Rhetoric and Reality of English Law in Colonial Maryland, Part 1 - 1632-1689", by Jeffrey K. Sawyer

Jeffrey K. Sawyer, University of Baltimore - School of Law, The Rhetoric and Reality of English Law in Colonial Maryland, Part 1 - 1632-1689Maryland Historical Magazine, Vol. 108, No. 4, Winter 2013, pp. 392-409
All information here
AbstractThe rule of English law in the English-speaking colonial world is at once obvious and puzzling. Along with language, the law anchored the Englishness of life in colonial America, At the same time, warring states and rival investors used law and diplomacy as weapons in their arsenals of global competition, and so the law of nations provided an unstable and frequently contested framework for exploration and settlement. The governance of struggling Atlantic settlements (especially before 1660) rose, fell, and was reconstructed with the various fortunes of each. In these early settlements there was much law-making, but law was perhaps negotiated as often as it was applied; local officials frequently adjusted English rules to local circumstances. The more historians investigate this world, the harder it is to be sure, exactly, how colonial law worked.

This article examines why a perennial contest over the precise authority of English law was so central to the rule of law in early Maryland. Two new perspectives will help further this inquiry, which has long interested colonial historians generally and historians of Maryland in particular. The first is a heightened appreciation of the fact that early American legal history unfolded in distinct phases. The second is a recognition that the contest over English law in the colonies developed along different but overlapping dimensions, a political or rhetorical dimension and an operational dimension. This latter world of law was the reality of lawsuits, debt collection, inheritance, criminal prosecutions, judgments, and so on.

Categories: Comparative Law News

BOOK: "Family, Law, and Inheritance in America: A Social and Legal History of Nineteenth-Century Kentucky" by Yvonne Pitts

Yvonne Pitts, Purdue University, Family, Law, and Inheritance in America:  A Social and Legal History of Nineteenth-Century Kentucky, Cambridge University Press

All information here
Yvonne Pitts explores inheritance practices by focusing on nineteenth-century testamentary capacity trials in Kentucky in which disinherited family members challenged relatives' wills. These disappointed heirs claimed that their departed relative lacked the capacity required to write a valid will. These inheritance disputes crisscrossed a variety of legal and cultural terrains, including ordinary people's understandings of what constituted insanity and justice, medical experts' attempts to infuse law with science, and the independence claims of women. Pitts uncovers the contradictions in the body of law that explicitly protected free will while simultaneously reinforcing the primacy of blood in mediating claims to inherited property. By anchoring the study in local communities and the texts of elite jurists, Pitts demonstrates that “capacity” was a term laden with legal meaning and competing communal values about family, race relations, and rationality. These concepts evolved as Kentucky's legal culture mutated as the state transitioned from a conflicted border state with slaves to a developing free-labor, industrializing economy.
  • Situates testamentary practices as a process which was shaped by medical and legal elites and ordinary people's notions of family, justice, and racial and gendered orders
  • Brings a new understanding to how ordinary people's conception of rationality and insanity evolved over the nineteenth century
  • Employs quantitative and qualitative analyses of almost 500 wills
Categories: Comparative Law News

CALL FOR PAPERS: Freedom of Scientific Research and Drug Testing

Juris Diversitas - Tue, 11/18/2014 - 11:06
The editorial Board of BioLaw Journal - Rivista di BioDiritto has just launched a new call for papers in occasion of the third issue of the Journal. The title of the call is:

Freedom of Scientific Research and Drug Testing

The deadline for submissions is January 7th , 2015.

Click here for the full text of the call.
Categories: Comparative Law News

BOOK: "Discurso sobre el discurso. Oralidad y escritura en la cultura jurídica de la España liberal" by Carlos Petit

Dr. Carlos Petit, Discurso sobre el discurso. Oralidad y escritura en la cultura jurídica de la España liberal, Lección inaugural curso académico 2000-2001, Universidad de Huelva, 2014, Universidad Carlos III de Madrid publications
All information here
AbstractEste estudio pone de relieve los componentes orales que recorren la cultura jurídica de la España isabelina - aunque, con alta probabilidad, muchas de las hipótesis aquí lanzadas son perfectamente aplicables a otras tradiciones americanas y europeas. Con el abogado-orador como modelo de jurista perfecto y piedra de toque de la referida cultura, se analizan sucesivamente las prácticas universitarias (lecciones, discursos de apertura, oposiciones a cátedra), la profesión forense (saberes, bibliotecas, gestos...) con atención particular a la literatura sobre elocuencia y, en fin, la actividad parlamentaria y legislativa. Se pretende así observar desde nuevas perspectivas los textos del momento 'liberal'
Categories: Comparative Law News

BOOK ANNOUNCEMENT: Women's rights to social security and social protection

Juris Diversitas - Mon, 11/17/2014 - 14:51
Women's Rights to Social Security and Social ProtectionEdited by Beth Goldblatt and Lucie Lamarche
This collection examines the human rights to social security and social protection from a women’s rights perspective. The contributors stress the need to address women’s poverty and exclusion within a human rights’ framework that takes account of gender. The chapters unpack the rights to social security and protection and their relationship to human rights principles such as gender equality, participation and dignity. Alongside conceptual insights across the field of women’s social security rights, the collection analyses recent developments in international law and in a range of national settings. It considers the ILO’s Social Protection Floors Recommendation and the work of UN treaty bodies. It explores the different approaches to expansion of social protection in developing countries (China, Chile and Bolivia). It also discusses conditionality in cash transfer programmes, a central debate in social policy and development, through a gender lens. Contributors consider the position of poor women, particularly single mothers, in developed countries (Australia, Canada, the United States, Ireland and Spain) facing the damaging consequences of welfare cuts. The collection engages with shifts in global discourse on the role of social policy and the way in which ideas of crisis and austerity have been used to undermine rights with harsh impacts on women.
Beth Goldblatt is Associate Professor in the Faculty of Law at the University of Technology, Sydney.Lucie Lamarche is Professor in the Faculty of Political Science and Law at the University of Quebec in Montreal.
Click here to purchase this title
Categories: Comparative Law News

BOOK ANNOUNCEMENT: Drafting legislation

Juris Diversitas - Mon, 11/17/2014 - 14:46
A new, interesting book from Hart Publishing: 
Drafting LegislationArt and Technology of Rules for RegulationHelen Xanthaki
This book constitutes the first thorough academic analysis of legislative drafting. By placing the study of legislation and its principles within the paradigm of Flyvberg’s phronetic social sciences, it offers a novel approach which breaks the tradition of unimaginative past descriptive reiterations of drafting conventions. Instead of prescribing rules for legislation, it sets out to identify efficacy as the main aim of the actors in the policy, legislative and drafting processes, and effectiveness as the main goal in the drafting of legislation. Through the prism of effectiveness as synonymous with legislative quality, the book explores the stages of the drafting process; guides the reader through structure and sections in their logical sequence, and introduces rules for drafting preliminary, substantive and final provisions. Special provisions, comparative legislative drafting and training for drafters complete this thorough analysis of the drafting of legislation as a tool for regulation. Instead of teaching the reader which drafting rules prevail, the book explores the reasons why drafting rules have come about, thus encouraging readers to understand what is pursued by each rule and how each rule applies. The book is aimed at academics and practitioners who draft or use statutory law in the common or civil law traditions.
Helen Xanthaki is Professor of Law and Legislative Drafting and Director of Research Studies at the Institute of Advanced Legal Studies of the University of London, and the Academic Director of the Sir William Dale Centre for Legislative Studies there.
October 2014     9781849464284     392pp     Hardback     RSP: £50  
Categories: Comparative Law News

NEW ISSUE ANNOUNCEMENT: Law and Humanities Vol. 8, n.2, 2014

Juris Diversitas - Mon, 11/17/2014 - 14:38

A new issue of Law and Humanities has just been published.
The full list of articles follows.

Warring Sovereigns and Mimetic Rivals: On Scapegoats and Political Crisis in William Golding’s Lord of the FliesEric WilsonAbstract: My paper argues for the relevance of the French literary critic Rene Girard to contemporary critical legal theory. In order to prove my thesis, I undertake a ‘dual’ reading of a foundational text from the field of Law and Literature—William Golding’s Lord of the Flies—by subjecting it to both a Hobbesian and Girardian interpretation. The relevance of Thomas Hobbes to the novel is obvious—the ‘constitutional crisis’ faced by the Boys is an allegorical re-enactment of Hobbes’ famous division between the Commonwealth-by-Institution (represented by Ralph and Piggy) and the Commonwealth-by-Acquisition (represented by Jack and Roger). What is less obvious is the manner in which the struggle over the political order of the island strictly parallels a sub-textual mimetic rivalry between the two boy-sovereigns, Ralph and Jack. Employing Girard’s as a supplementary reading to Hobbes’, a much more challenging interpretation of the novel may be offered: the mimetic rivalry between the two Boys replicates the mimetic dynamic between the competing forms government that they symbolize, subverting any absolute distinction between liberal and dictatorial forms of the State. The narrative core of the novel is a ‘double story arc’: the movement from the representational theory of language (Hobbes) to the anti-representational theory of substitution (Girard) and the movement from Social Contract (the conch) to the sacrificial mechanism (the scapegoat).Click here to purchase article
The Law of Dress in Lord of the FliesGary WattAbstract: On the 60th anniversary of the publication of William Golding’s Lord of The Flies, Gary Watt reads the novel in terms of the natures of dress and law as near neighbours (perhaps even structurally identical partners) in the scheme of social norms. Instead of reading the boys’ story in terms of descent from clothing to nakedness, Watt reads it in terms of the constancy of dress. The form of the dress changes from clothes to painted masks, but the fundamental fact of dress remains. The boys’ relationship to rules can be read in a similar way. Instead of reading their story in terms of descent from law and order to lawlessness and disorder, it is read in terms of the ongoing presence of rules of some sort. Watt argues that, through the enduring presence and performative power of dress and law in the novel, Golding is warning us that we should suspect all external indicators of civilisation of being hollow; that we should be cynical about all systems of norms established by society and look, instead, to be saved by individual insight and self-sacrifice.Click here to purchase article
The Shaping and Misshaping of Identity through Legal Practice and Process: (Re)discovering Mr KernottDawn WatkinsAbstract: The focus of this paper is the construction of identity within the context of English legal practice and process.  Its subject matter is the protracted civil litigation that extended from a brief County Court hearing in 2007 to the Supreme Court judgment of Jones v Kernott [2011] UKSC 53. Taking as its theoretical basis recent work by Hilde Lindemann, Holding and Letting Go: The Social Practice of Personal identities (Oxford University Press, 2014) the author analyses the reported judgments of the appellate courts, as well as a recently recorded first hand narrative account of Mr Kernott, as a means to examining how far long-established legal practices and customs can operate to construct, hold and let go of personal identity.Click here to purchase article
Law, Narrative, and Politics in a Jewish Key: Hannah Arendt and Robert M Cover in Comparative PerspectiveDouglas KlusmeyerAbstract: From a pluralistic perspective, Hannah Arendt and Robert Cover developed sharp critiques of sovereign-centred legal-political orders.  This essay argues that their critiques and pluralistic counter-models reflect not only the Jewish experience of diaspora, exile and genocide, but also the different vantage points from which they perceived this experience.  The essay compares their interpretive approaches to courts, law, narrative, politics, and tradition to assess the important ways they converged with and diverged from one another.  Click here to purchase article
Struggle Music: South African Politics in SongAndra le Roux-KempAbstract: Music, and especially singing, plays a central role in African cultures. Songs and rhythm have been described as ‘a truly African way of communication’ and it is therefore not surprising that music has played, and continues to play, an important role in African politics. This article will consider the important role that struggle music - also known as freedom songs – played in South Africa during the apartheid years and the struggle for liberation, and how it continues to play an important role in contemporary South African politics.  First, the genre of struggle music will be circumscribed and differentiated from other politically motivated music. Then the discussion will turn to the struggle music of South Africa during the apartheid years, and how it is still being utilised in politics today. With regard to the contemporary use of struggle music in South African politics, the discussion will focus on the controversial struggle song Dubulu’ iBhunu and the decision of the South African Equality Court in Afriforum & another v Malema and another (Vereniging van Regslui vir Afrikaans as Amicus Curiae) 2011 (12) BCLR 1289 (EQC) prohibiting the singing of the song in public and declaring its lyrics to be hate speech.Click here to purchase article
Hamlet’s OrdealsMaria MendesAbstract: Knowing how to identify someone’s murderer, how to distinguish a credible witness, whether one is being betrayed, or try to avoid being exposed, are questions that compel the main characters in Hamlet. This essay explains The Murder of Gonzago and the duel scene having in mind formal judicial procedures with which a criminal’s guilt is uncovered. It argues that Hamlet’s dumb show may be compared to a technical truth test such as that effected by the presentation of torture objects before the procedure takes place. The duel scene should also be read having in mind judicial methods such as the medieval ordeal. Though Hamlet’s mousetrap and the duel may be perceived as symmetrical revenge plots, the swordfight has a cryptic nature. The duel seems, thus, to serve the purpose of describing contradictory views on justice and on divine providence, purposefully failing to provide the audience to an answer for the question: “Who’s there?” (I, I, 1).Click here to purchase article
Humanity beyond Rights: Proximity as a Normative PrincipleMaria ZanichelliAbstract: The question of human rights lies beyond formal rules and official political structures. It is also a question of mentality and awareness; it depends on how seriously civil society takes the humanity of every person. To capture these implications, it is not sufficient to invoke ‘hard’ institutional frameworks, such as the constitutional order, administration and economy. We need to pay attention to ‘soft’ human factors: trust, loyalties, interpersonal bonds, cultural codes affecting human conduct. This is why cinema offers an interesting point of view to address the question. Focusing on The Death of Mr. Lazarescu (2005) a film by Romanian director Cristi Puiu, this paper interprets it and its literary sources through the philosophical category of ‘neighbour’. The aim is to look for what this concept can tell us, in both a moral and legal sense, about human beings and their dignity, beyond the limits of rights discourse.Click here to purchase article
Review EssayA Review of Peter Goodrich, Legal Emblems and the Art of Law: Obiter Depicta as the Vision of GovernancePiyel HaldarClick here to purchase review
Categories: Comparative Law News

CONFERENCE: "Law and wives: a legal historical perspective" (Barcelona, 26/27 November 2014)

WHAT:"Mujeres y derecho: una perspectiva historico-juridica", Conference
WHERE: Barcelona University, Law Faculty, 26 November,Saló de Graus de la Facultat de Dret27 November: Aula seminari 1
WHEN: 26/27 November 2014
Prof. Dr. Francisco L. Pacheco Caballero(flpacheco@ub.edu)
Categories: Comparative Law News

BOOK: "Abuse or Punishment? Violence toward Children in Quebec Families, 1850-1969", by Marie-Aimée Cliche (2014)

Abuse or Punishment? Violence toward Children in Quebec Families, 1850-1969, by Marie-Aimée Cliche, translated by W. Donald Wilson. The book is part of the Press's Studies in Childhood and Family in Canada Series, Wilfred Laurier University Press. 
All information here
At one time, the use of corporal punishment by parents in child-rearing was considered normal, but in the second half of the nineteenth century this begin to change, in Quebec as well as the rest of the Western world. It was during this period that the extent of ill-treatment inflicted on children—treatment once excused as good child-rearing practice—was discovered.This book analyzes both the advice provided to parents and the different forms of child abuse within families. Cliche derives her information from family magazines, reports and advice columns in newspapers, people’s life stories, the records of the Montreal Juvenile Court, and even comic strips. Two dates are given particular focus: 1920, with the trial of the parents of Aurore Gagnon, which sensitized the public to the phenomenon of “child martyrs;” and 1940, with the advent of the New Education movement, which was based on psychology rather than strict discipline and religious doctrine.There has always been child abuse. What has changed is society’s sensitivity to it. That is why defenders of children’s rights call for the repeal of Section 43 of the Canadian Criminal Code, which authorizes “reasonable” corporal punishment. Abuse or Punishment? considers not only the history of violence toward children in Quebec but the history of public perception of this violence and what it means for the rest of Canada.
Categories: Comparative Law News

NOTICE: Online Sources on Australasian Legal History

A press release from the TC Beirne School of Law, University of Queensland reports that a grant from the Australian Research Council to the Australasian Legal Information Institute will make possible “a massive expansion of free access online to Australasian legal history through digitisation and data aggregation. The Legal History Libraries on AustLII will become a comprehensive trans-Tasman collection from 1788-1999, including all reported case series and those from colonial newspaper reports, and all Acts enacted, plus key collections of historical Bills, Gazettes, legal commentaries, and Parliamentary reports.”

Categories: Comparative Law News

CONFERENCE & CFP: "Old and New Worlds: The Global Challenges of Rural History,” (Lisbon, 28-30 January 2016)

WHAT: Old and New Worlds: The Global Challenges of Rural History, Conference and Call for Panels 

WHERE:  ISCTE- University Institute of Lisbon, Lisbon, Portugal

WHEN: 28-30 January 2016

all information here

Over the last 500 years, the inter-relations between civilisations and cultures across the globe have had multiple effects on agriculture, property, natural resources and rural societies. They brought about the circulation of people, plants, animals and diseases; transfers of techniques, knowledge, institutions and legal norms; changes in diet habits, land uses and landscapes; extensive appropriation and expropriation of property rights; and changes in produce and factor markets (land, capital, labour) at a global scale.Research on these topics has been attracting scholars with a variety of backgrounds, from environmental to cultural history, from social to legal history, from economic history to the history of science, among others.The concern to open up and globalise the research in rural history, both historically and historiographically, draws the guideline for this international conference. It is intended to be a forum where to present new findings and new perspectives on any aspect of those global dynamics, and where to discuss the major theoretical, methodological and historiographical challenges now facing rural history.This call for panels (open to scholars of all nationalities, disciplinary areas and historical periods) has been extended until 25 November 2014.  See the full CFP and more info on the conference website.  The conference email is lisbon2016rh@gmail.com.
Categories: Comparative Law News

FELLOWSHIP: "The Baldy Center for Law & Social Policy Felloships" (2015/2016)

WHAT: The Baldy Center for Law & Social Policy, Fellowships, Call for applications 
WHERE: State University of New York, Buffalo
WHEN: 2015-16
The Baldy Center for Law & Social Policy at the State University of New York at Buffalo plans to award several fellowships for 2015-16 to scholars pursuing important topics in law, legal institutions, and social policy. Applications are invited from junior and senior scholars from law, the humanities, and the social sciences. 
Fellows are expected to participate regularly in Baldy Center events, but otherwise have no obligations beyond vigorously pursuing their research. Fellows receive standard university research privileges (access to university libraries, high-speed Internet, office space, computer equipment, phone, website space, working paper series, etc.) and are encouraged to develop collaborative research projects with SUNY Buffalo faculty members where appropriate. Those who wish to teach a course to aid their research or gain teaching experience can be accommodated on a case-by-case basis.
Post-Doctoral Fellowships are available to individuals who have completed the PhD or JD but have not yet begun a tenure track appointment. Post-Doctoral Fellows will receive a stipend of $40,000 and may apply for up to $2000 in professional travel support. For 2015-16 the Baldy Center also plans to co-sponsor one post-doctoral fellowship focused on the Transnational Business Interactions Framework with York University. Further information on this fellowship is available below.
Mid-Career and Senior Fellowships are available to established scholars who wish to work at the Center, typically during a sabbatical or research leave. Awardees will receive a living expense allowance of $1,500 per month during the period of their residence.
Application materials include:(1) a description of the planned research (question, conceptual framework, method, possible findings, importance to the field),(2) a complete academic and professional resume,(3) an academic writing sample,(4) the names and contact information of three academic references (no letters yet), and(5) if a mid-career or senior applicant, the time period during which the applicant would work at the Center. Completed applications are due no later than February 2, 2015. (Apply by clicking the button below). For further information, see our answers to frequently asked questions. Additional questions about the Baldy Fellows Program should be addressed to Assistant Director Laura Wirth,baldyassistantdirector@gmail.com or (716) 645-2581.Primary criteria for selection include intellectual strength of the proposal, demonstrated academic achievement, and promise of future success. Additional considerations include the overall mix of topics, disciplines, and backgrounds of the selected group of fellows.For information on current and past Baldy Fellows, see the Baldy Center website.
The Baldy Center for Law & Social Policy is an endowed, internationally recognized institute that advances interdisciplinary research on law, legal institutions, and social policy at the State University of New York at Buffalo. More than 200 faculty members from numerous SUNY Buffalo departments participate in Baldy Center research, conferences, consortia, and publications. The Center maintains cooperative ties to other research centers and hosts distinguished scholars from around the world as visitors, fellows, speakers, and conference participants.

Categories: Comparative Law News

BOOK: "Protocols of Justice: The Pinkas of the Metz Rabbinic Court, 1771-1789", by Jay R. Berkovitz

Jay R. Berkovitz, University of Massachusetts, Protocols of Justice: The Pinkas of the Metz Rabbinic Court, 1771-1789,  Brill Academic Publishers
all information here
Presented here to the public for the first time, the Pinkas of the Metz Beit Din is the official register of civil cases that came before the Metz rabbinic court in the two decades prior to the French Revolution. Brimming with details of commercial transactions, inheritance disputes, women's roles in economic life, and the interplay between French law and Jewish law, the Metz Pinkas offers remarkable evidence of the engagement of Jews with the surrounding society and culture. The two volumes of Protocols of Justice comprise the complete text of the Metz Pinkas Beit Din, which is fully annotated by the author, and a thorough analysis of its significance for history and law at the threshold of modernity.
Categories: Comparative Law News

ARTICLE: "The Revolutionary Portfolio: Constitution-Making and the Wider World in the American Revolution", by D.J. Hulsebosch (2014)

D.J. Hulsebosch, New York University School of Law, on The Revolutionary Portfolio: Constitution-Making and the Wider World in the American Revolution,  Suffolk University Law Review, Vol. 47, 2014 , NYU School of Law, Public Law Research Paper No. 14-56 
full text here
This article argues that American constitution-making in the founding era was an international process. At the outset of the Revolution, the Continental Congress and the revolutionary assemblies collaborated to construct a portfolio of foundational documents that American diplomats carried across the Atlantic to seek European support. In the spring and summer of 1776, Congress drafted three of the documents: the Declaration of Independence, the Articles of Confederation, and the Model Treaty. At exactly the same time, Congress recommended that the states draft a fourth type of document: state constitutions. Two dimensions of internationalism operated in the making of this portfolio. One was classically diplomatic: The documents were designed to persuade foreign states and their subjects to acknowledge American independence. The other was cultural and intellectual: The concepts and language with which the revolutionaries drafted their portfolio were part of a common transatlantic political culture, and the resulting documents were premised on the Enlightenment goal of redesigning government within and among nations to foster commerce and reduce the propensity for war. The portfolio thereby contributed to what can be called the "Constitutional Enlightenment." This second dimension was related to the first, in that legible government would help induce Europeans to see the American states as true states. The transatlantic elements of the portfolio provided European audiences with a stylized description of governance on the ground and an aspirational program for the new governments in progress. However, this intellectual dimension was also autonomous from diplomacy because it permitted Europeans to detach the revolutionary portfolio from the human events transpiring in North America and make it the object of transnational discussion about the optimal forms of institutional design, a discussion that could in turn be brought to bear on politics in Europe. The portfolio therefore helped transform the classical study of politics into the modern and potentially revolutionary project of comparative constitutionalism.
Categories: Comparative Law News

CFA: The "Hurst Summer Institute in Legal History" (Madison, June 14-27, 2015)

WHAT: The Hurst Summer Institute in Legal History, Call for applicationsWHERE: University of Wisconsin Law School,975 Bascom Mall, Madison, WI 53706WHEN: June 14-27, 2015All information hereApplication period: 12/1/14 - 1/15/15The American Society for Legal History and the Institute for Legal Studies at the University of Wisconsin Law School are pleased to invite applications for the eighth biennial Hurst Summer Institute in Legal History. The purpose of the Hurst Institute is to advance the approach to legal scholarship fostered by J. Willard Hurst in his teaching, mentoring, and scholarship. The “Hurstian perspective” emphasizes the importance of understanding law in context; it is less concerned with the characteristics of law as developed by formal legal institutions than with the way in which positive law manifests itself as the “law in action.” The Hurst Institute assists scholars from law, history, and other disciplines in pursuing research in legal history.The 2015 Hurst Institute will be chaired by Barbara Young Welke, Distinguished McKnight University Professor, Professor of History and Professor of Law, and Co-Director of the Program in Law and History at the University of Minnesota. The previous Hurst Institute sessions were led by distinguished legal history scholars Lawrence M. Friedman (Stanford University), Robert W. Gordon (Yale and Stanford), Barbara Young Welke (University of Minnesota), and Hendrik Hartog (Princeton University).  The two-week program is structured but informal, and features presentations by guest scholars, discussions of core readings in legal history, and analysis of the work of the participants in the Institute. The general format includes intensive daily sessions Monday-Friday that run through mid-afternoon, a few scheduled social events, and some free time for additional discussion, reading and research. Fellows will have the opportunity to conduct archival work at the Wisconsin Historical Society. (The Society holds a vast array of primary documents and is particularly strong in areas involving nineteenth and twentieth century social movements and labor activism. In addition, the Library possesses an excellent collection of federal and state government material which is largely un-cataloged.)The ASLH Hurst Selection Committee will select twelve Fellows to participate in this event.

Applicant QualificationsPreference will be given to applications from scholars in the early stage of their career (beginning faculty members, doctoral students who have completed or almost completed their dissertations, and J.D. graduates with appropriate backgrounds). 
Fellowship RequirementsFellows are expected to be in residence for the entire two-week term of the Institute, to participate in all program activities of the Institute, and to give an informal works-in-progress presentation in the second week of the Institute. Fellows will be required to read certain materials before the sessions begin, and to submit background materials for their presentation by May 31st, two weeks before sessions begin. Fellows also are expected to demonstrate a willingness to engage with scholars from other fields and backgrounds, and to contribute to fostering an atmosphere of collegiality. 

Fellowship TermsThe Institute for Legal Studies will pay for approved travel expenses and will provide a private room for each fellow at a hotel located on the University of Wisconsin-Madison campus. Most meals will be provided.
Application Process(1) Submit the following materials in a single pdf file starting with your last name to ils@law.wisc.edu.Multiple attachments will not be accepted.     •    Curriculum Vitae with your complete contact information.    •    Statement of Purpose (maximum 500 words) describing your current work, specific research interests, and the broader perspectives on legal history that inform your work. 
(2) Arrange to have two letters of recommendation sent to the Hurst Selection Committee, Institute for Legal Studies, UW Law School, 975 Bascom Mall, Madison, WI, 53706-1399. Note that letters may be sent electronically (as pdf files of signed documents on institutional letterhead) to ils@law.wisc.edu

Completed applications will be confirmed by email when all required documents have been received.Deadlines for the 2015 SessionApplications will be accepted from December 1, 2014 - January 15, 2015.Decisions will be announced by March 15, 2015.
Questions: Contact ils@law.wisc.edu.Additional Information

The Hurst Institute homepage includes information about previous sessions and comments from participants: http://www.law.wisc.edu/ils/hurst_institute.htm.

The Institute for Legal Studies offers systematic support for research and associated scholarly activity related to the "law in action," as distinguished from doctrinal analysis of the “law on the books.” The Institute promotes the exchange, testing, and dissemination of ideas at the UW Law School through colloquia, workshops, conferences, and the hosting of visitors. For more information please consult the ILS webpage athttp://www.law.wisc.edu/ils/.The American Society for Legal History is a nonprofit membership organization dedicated to fostering scholarship, teaching, and study concerning the law and institutions of all legal systems. More information about ASLH is available at aslh.net
Categories: Comparative Law News

ARTICLE: "Sex and Marriage in the Protestant Tradition: 1500-1900", by J. Witte (2014)

J. Witte, Emory University School of Law, on Sex and Marriage in the Protestant Tradition: 1500-1900Forthcoming  in Emory Legal Studies Research Paper No. 14-311 
full text here

This Article analyzes the mainline Lutheran, Calvinist, and Anglican models of sex, marriage, and family and their gradual liberalization by Enlightenment liberalism. The theological differences between these models can be traced to their grounding in Lutheran two kingdoms doctrines, Calvinist covenantal theology, Anglican commonwealth theory, and Enlightenment contractarian logic. Lutherans consigned primary marital jurisdiction to the territorial prince or urban council. Calvinists assigned interlocking marital roles to local consistories and city councils. Anglicans left marital jurisdiction to church courts, subject to state oversight and legislation. The early Enlightenment philosophers, many of them Protestants, pressed for a sharper separation of church and state in the governance of marriage, and for stronger protections of the rights and equality of women and children within and beyond the marital household. But they maintained traditional Protestant prohibitions extramarital sex and no-fault divorce in an effort to protect especially women and children from exploitation.

Categories: Comparative Law News

JOURNAL: "American Journal of Legal History" (Issue 54:4, October 2014)

American Journal of Legal History Issue 54:4, October 2014

Alison W. Conner, “The Lawyer Who Haunts Us: Yin Zhaoshi and the Bright Day”
Charles J. Sheehan, “Solicitor General Charles Fahy and Honorable Defense of the Japanese-American Exclusion Cases”
Categories: Comparative Law News

BOOK: "Paths to the Bench: The Judicial Appointment Process in Manitoba, 1870-1950", by Dale Brawn (2014)

Dale Brawn,  Laurentian University, Paths to the Bench: The Judicial Appointment Process in Manitoba, 1870-1950, Law and Society Series, University of British Columbia Press, 2014
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A lawyer wanting to become a judge in early 20th-century Manitoba could attract the attention of his peers through his work -- but it was a friendship with a powerful mentor that got him to the bench. 

In Paths to the Bench, Dale Brawn looks at the appointments and careers of early judges who were charged with laying the legal foundations of a province. With much at stake, judicial appointments were as much about personal ties and politics as they were about ability. Beliefs were scrutinized to ensure that they would not impede the province’s, and the nation’s, growth, while ongoing mentorships ensured that these beliefs were cultivated through shared kinship groups. 

By looking at both official records and correspondence from this era, Brawn uncovers the highly political nature of the judicial appointment process and the intricate bonds that ensured that judges acquired the values not of their society, but of their fellowship groups. His in-depth analysis also examines the distinct career trajectories of less competent and more competent lawyers and considers why many of the best and brightest members of the bar did not go to the bench. 
A fascinating look at the careers of practical, hard-headed, and extraordinarily influential judges, Paths to the Bench is also an incisive study of the political nature of Canada’s judicial appointment process
Categories: Comparative Law News

BOOK: "Ruin and Redemption: The Struggle for a Canadian Bankruptcy Law, 1867-1919 ", by Thomas G.W. Telfer (2014)

Thomas G.W.Telfer, University of Western Ontario Law, Ruin and Redemption: The Struggle for a Canadian Bankruptcy Law, 1867-1919, University of Toronto Press, Osgoode Society for Canadian Legal History’s book series  (2014)
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Description and Contents
In 1880 the federal Parliament of Canada repealed the Insolvent Act of 1875, leaving debtor-creditor matters to be regulated by the provinces. Almost forty years later, Parliament finally passed new bankruptcy legislation, recognizing that what was once considered a moral evil had become a commercial necessity. In Ruin and Redemption, Thomas GW Telfer analyses the ideas, interests, and institutions that shaped the evolution of Canadian bankruptcy law in this era. Examining the vigorous public debates over the idea of bankruptcy, Telfer argues that the law was shaped by conflict over the morality of release from debts and by the divergence of interests between local and distant creditors. Ruin and Redemption is the first full-length study of the origins of Canadian bankruptcy law, thus making it an important contribution to the study of Canada’s commercial law.

PrefaceChapter 1: Ideas, Interests, and InstitutionsPART I 1867–1880Chapter 2: The Constitutional and Legislative History 1867-1880
Chapter 3: The Rise and Fall of Bankruptcy Law 1867-1880: The Equitable Distribution of Assets
Chapter 4: The Repeal of Bankruptcy Law 1867-1880: The Discharge
Chapter 5: The Role of Institutions 1867-1880PART II 1880–1903
Chapter 6: Living With Repeal and the Failure of Federal Reform: 1880-1903
Chapter 7: The Constitutional Question and the Impact of Federalism: 1880-1903
Chapter 8: The Bankruptcy Law Debates: 1880-1903PART III 1903–1919
Chapter 9: Reform Achieved: The Bankruptcy Act of 1919
Chapter 10: ConclusionAppendix to Chapter 6

Categories: Comparative Law News