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Comparative Law News

SYMPOSIUM on James Lorimer ïn the European Journal of International Law XXVII (2016), No. 2

(image source: Oxford Journals)
The European Journal of International Law, organ of the European Society of International Law, published its most recent issue, containing a symposium on Scottish international lawyer James Lorimer (1818-1890).

Stephen Tierney & Neil Walker, "Through a Glass, Darkly: Reflections on James Lorimer’s International Law" (409-413) (PDF)
Martti Koskenniemi, "Race, Hierarchy and International Law: Lorimer’s Legal Science" (415-429)  (PDF)
Gerry Simpson, "James Lorimer and the Character of Sovereigns: The Institutes as 21st Century Treatise" (431-446) (PDF)
Karen Knop, "Lorimer’s Private Citizens of the World" (447-475) (PDF)
Stephen C. Neff, "Heresy in Action: James Lorimer's Dissident Views on War and Neutrality" (PDF)
More information at Oxford Journals.
Categories: Comparative Law News

The Italian Law Journal

Juris Diversitas - Tue, 07/26/2016 - 12:06

Another exciting issue of (2016) 2:1 Italian Law Journal!And it includes Francesco Delfini,
'Instances of Civil Law in North American
Common Law Tradition: Cause and Consideration
in Quebec and ‪#‎Louisiana‬ Civil Codes'The complete journal is available at http://www.theitalianlawjournal.it/editors/
Categories: Comparative Law News

ADVANCE ARTICLE: James MULDOON, "Grotius and English Charters". Grotiana 2016 (Brill Books and Journals Online)

(image source: Brill)
Brill Books and Journals Online published an advance article of this year's Grotiana by prof. em. dr. James Muldoon (Rutgers University).

When examined collectively the trade and colonization charters that Tudor and Stuart monarchs issued demonstrate a developing English conception of world order based on trade monopolies and not on ecclesiastical premises or on the Grotian notion of freedom of the seas. There were therefore three early modern conceptions of how an international order might be created, not one, all of which affected European trade with the Americas and Asia. They all began with the assumption that the discovery of the several new worlds required developing rules of engagement to reduce if not to eliminate conflict among the European nations engaged in overseas exploration, settlement, and trade. As Koen Stapelbroek has pointed out, understanding the role of legal notions in the actual historical creation and gradually evolving function of a new kind of commercial-political entity, requires a distinctly non-doctrinal focus.More information here.
Categories: Comparative Law News

JOURNAL: Law and History Review XXXIV (2016), No. 3 (Aug)

(image source: Cambridge Journals)
The Law and History Review published its third issue of 2016.

Table of contents:
In this Issue (Elisabeth Dale) (v-vi)

New Light on the Sedition Act of 1798: The Missing Half of the Prosecutions (Wendell Bird) (541-614) (PDF)

Merchant Courts, Arbitration, and the Politics of Commercial Litigation in the Eighteenth-Century British Empire (Christian R. Burset) (615-647) (PDF)

Accommodating Nazi Tyranny? The Wrong Turn of the Social Democratic Legal Philosopher Gustav Radbruch After the War (Douglas G. Morris) (649-688) (PDF)

Judicial Independence in British North America, 1825–67: Constitutional Principles, Colonial Finances, and the Perils of Democracy (Jim Phillips) (689-742) (PDF)

Fragmenting the Nation: Divisible Sovereignty and Travancore's Quest for Federal Independence )(Sarath Pillai) (743-782) (PDF)

The “Rare Infliction”: the Abolition of Flogging in the Indian Army, circa 1835–1920 (783-818) (Radhika Singha)

Book reviews:
Daniel R. Coquillette and Bruce A. Kimball, On the Battlefield of Merit: Harvard Law School, the First Century, Cambridge, MA: Harvard University Press, 2015. Pp. 688. $39.95 cloth (ISBN 978-0674967663) (Andrew Porwancher)

Terri L. Snyder, The Power to Die: Slavery and Suicide in British North America, Chicago: University of Chicago Press, 2015. Pp. xiv, 240. $45.00 cloth (ISBN 978-0-226-28056-1).(Sally E. Hadden)

Lisa Tetrault, The Myth of Seneca Falls: Memory and the Women's Suffrage Movement, 1848–1898, Chapel Hill, NC: University of North Carolina Press, 2014. Pp. 296. $34.95 cloth (ISBN 978-1-4696-1427-4) (Lisa Hogan)

Nancy Woloch, A Class By Herself: Protective Laws for Women Workers, 1890s–1990s, Princeton: Princeton University Press, 2015. Pp. ix, 337. $39.50 cloth (ISBN 978-0691-002590) (Amy G. Richter)

Susan Pedersen, The Guardians: The League of Nations and the Crisis of Empire, Oxford: Oxford University Press, 2015. Pp. 592. $34.95 cloth (ISBN 9780199730032) (Umut Özsu)

Categories: Comparative Law News

BOOK: Thomas MOHR, Guardian of the Treaty The Privy Council Appeal and Irish Sovereignty. Dublin: Four Courts Press, 2016, 222 p. ISBN 978-1-84682-587-3

(image source: Irish Legal History Society)
The Irish Legal History society announces the forthcoming publication of Guardian of the Treaty, a work by Thomas Mohr (University College Dublin) on appeals to the Privy Council and Irish Sovereignty.
The Judicial Committee of the Privy Council was the final appellate court of the British Empire. In 1935 the Irish Free State was recognized as the first part of the Empire to abolish the appeal to the Privy Council. This book examines the controversial Irish appeal to the Privy Council in the wider context of the history of the British Empire in the early 20th century. In particular, it analyses Irish resistance to the imposition of the appeal in 1922 and the attempts to abolish it at the Imperial conferences of the 1920s and 1930s. This book also outlines the means by which Irish governments attempted to block Privy Council appeals. It examines the reality of claims that the Privy Council appeal offered a means of safeguarding the rights of the Protestant minority within the Irish Free State. Finally, it reveals British intentions that the Privy Council act as the guardian and enforcer of the settlement embodied in the 1921 Anglo Irish Treaty. The conclusion to this work explains why the Privy Council was unsuccessful in protecting this settlement.On the author:
Thomas Mohr is a lecturer at the School of Law, University College Dublin. He is honorary secretary of the Irish Legal History Society.The book can be ordered for € 45 with the Four Courts Press.
Categories: Comparative Law News

BOOK: "The Age of Dignity. Human Rights and Constitutionalism in Europe" by Catherine Dupré

The Age of Dignity. Human Rights and Constitutionalism in Europe, by Catherine Dupré
all information here

Human dignity is one of the most challenging and exciting ideas for lawyers and political philosophers in the twenty-first century. Even though it is rapidly emerging as a core concept across legal systems, and is the first foundational value of the European Union and its overarching human rights commitment under the Lisbon Treaty, human dignity is still little understood and often mistrusted. Based on extensive comparative and cross-disciplinary research, this path-breaking monograph provides an innovative and critical investigation of human dignity's origins, development and above all its potential at the heart of European constitutionalism today. Grounding its analysis in the connections among human dignity, human rights, constitutional law and democracy, this book argues that human dignity's varied and increasing uses point to a deep transformation of European constitutionalism. At its heart are the construction and protection of constitutional time, and the multi-dimensional definition of humanity as human beings, citizens and workers. Anchored in a detailed comparative study of case law, including the two European supranational courts and domestic constitutional courts, especially those of Germany, the UK, France and Hungary, this monograph argues for a new understanding of European constitutionalism as a form of humanism.
About the AuthorCatherine Dupré is Senior Lecturer at the University of Exeter.

Categories: Comparative Law News

BOOK: "The Law Book: From Hammurabi to the International Criminal Court, 250 Milestones in the History of Law" by Michael H. Roffer (2015)

The Law Book: From Hammurabi to the International Criminal Court, 250 Milestones in the History of Law, by Michael H. Roffer 
Michael H. Roffer explores 250 of the most fundamental, far-reaching and often-controversial cases, laws, and trials that have profoundly changed our world—for good or bad.  Offering authoritative context to ancient documents as well as today’s hot-button issues, The Law Book presents a comprehensive look at the rules by which we live our lives.
It covers such diverse topics as the Code of Hammurabi, The Ten Commandments, The Trial of Socrates, the Bill of Rights, women’s suffrage, the insanity defense and more.Organized chronologically, the entries each consist of a short essay and a stunning full-color image, while the “Notes and Further Reading” section provides resources for more in-depth study.  Justice may be blind, but this collection brings the rich history of the law to light.Michael H. Roffer is associate librarian for reader services and professor of Legal research at New York Law School
Categories: Comparative Law News

BOOK: "Before Anarchy: Hobbes and His Critics in Modern International Thought" by Theodore Christov (2016)

Before Anarchy: Hobbes and His Critics in Modern International Thought, by Theodore Christovall information here
How did the 'Hobbesian state of nature' and the 'discourse of anarchy' - separated by three centuries - come to be seen as virtually synonymous? Before Anarchy offers a novel account of Hobbes's interpersonal and international state of nature and rejects two dominant views. In one, international relations is a warlike Hobbesian anarchy, and in the other, state sovereignty eradicates the state of nature. In combining the contextualist method in the history of political thought and the historiographical method in international relations theory, Before Anarchy traces Hobbes's analogy between natural men and sovereign states and its reception by Pufendorf, Rousseau and Vattel in showing their intellectual convergence with Hobbes. Far from defending a 'realist' international theory, the leading political thinkers of early modernity were precursors of the most enlightened liberal theory of international society today. By demolishing twentieth-century anachronisms, Before Anarchy bridges the divide between political theory, international relations and intellectual history.
  • Bridges political theory, international relations and intellectual history, therefore it will appeal to scholars who work in hybrid disciplines
  • Readers can trace all various uses of the state of nature as group-based rather than individualistic because of the book's new reading of the Hobbesian state of nature
  • Challenges the rigid opposition between nature and sovereignty

Categories: Comparative Law News

WORKSHOP & CFP: "Law in A Changing Society" (Tel Aviv, November 21-23 2016)

WHAT Law in A Changing Society, the 4th Annual TAU Workshop for Junior Scholars, Workshop & Call for papers
WHEN November 21-23 2016
WHERE Tel-Aviv University, Faculty of Law
The workshop will explore the interface between legal change and social change: the ways in which law adapts itself to a changing society and the ways in which law changes society; how it reacts to technological, scientific advancements and globalization, how it supports and facilitates new institutions, and when and why it fails to do so. Relevant papers may discuss a variety of specific legal fields, as well as historical and theoretical questions.Junior scholars are welcome (doctoral candidates, VAPs, writing fellows and recent graduates of doctoral programs) from universities and research institutions throughout the world to submit abstracts engaging with the general theme of the workshop. For details on submission, a further exploration of the theme of the workshop and funding possibilities please see the Call For Papers.
Categories: Comparative Law News

NOTICE: "Prizes in memory of Tullio Ascarelli and Domenico Maffei" (February 28, 2019)

WHAT Prizes in memory of Tullio Ascarelli and Domenico Maffei, one in Legal History and one in Commercial Law

WHEN deadline February 28 , 2019


for any information: premioascarelli@gmail.com
Categories: Comparative Law News

COLLOQUIUM & CFP: “Ius dicere in a globalized world” (Naples, June 15-17 2017)

WHAT Ius dicere in a globalized world, XXIV Biennial Colloquium of the Italian Association of Comparative Law, Colloquium & Call for Papers
WHEN Naples, June 15-17, 2017

WHERE Suor Orsola Benincasa University, Naples

Call for papersThe colloquium intends to put the focus, from a comparative perspective, on some of the following topics: 1. Can one agree on the statement that in the Western world the notion of jurisdiction is considerably fragmented and is no longer limited to the national State (or expression of public sovereignty) courts, and is dispersed in a multiplicity of experiences? Private jurisdictions (such as ADR, arbitration, sport courts etc.); and trans-national jurisdictions, set by international treaties, or by lex mercatoria).2. What do we mean today, in the western world, by “jurisdiction”? What are its essential features? Can the resolution of disputes still be considered the main function of courts of law or should the traditional model of jurisdiction be enriched to encompass the new role of courts in many social settings (e.g. transitional justice and its emphasis on reconciliation)? Should one look essentially at the formal elements [such as independence of the decisionmaker(s) and adversary procedures], or at the functional role [e.g. adjudication which imitates traditional court jurisdiction], or a legal-realist approach [jurisdiction is what is perceived as such]?3. To what extent can/are Western models exportable/transposable in non-Western contexts? To what extent have Western models of jurisdiction imported ideas from non-Western traditions?4. The traditional notion of rule-of-law is strongly related to the control by the courts and the enforceability of their decisions. Should the notion be adapted to a changing reality?5. What is the effect of the fragmentation of jurisdiction on the traditional court system? Are there consequences on the traditional (in continental Europe) distinction between civil, criminal and administrative jurisdictions?6. What, if any, are the effects, both theoretical and practical, on the apportionment of powers and functions with regard also to the branches of the legislative and government? Is jurisdiction encroaching on Parliament and Government?7. What are the implications of those forms of jurisdiction directly challenging the role of national States, e.g. those connected to international investment treaties (Investor-state dispute settlement)? Do they represent a conditioning of State prerogatives able to weigh upon State obligations towards their citizens?8. Increasingly contemporary societies are concerned with the administrative costs related to providing access to justice, and jurisdictional procedures are seen as a service dependent on budget allocations. What are the emerging models, and to what extent are they circulating and hybridized? Is a global market for judicial services feasible? Are “digital jurisdictions” an appropriate alternative?9. Can numbers and statistics help us to compare jurisdictions and jurisdictional models? And how?10. Jurisdiction is intimately associated with effectiveness: can/should one compare/classify models according to the degree of compliance, whether spontaneous or forced?

11. Adjudication requires a variety of remedies: what is the relation today between the two? What is the circulation of remedies within the various forms of jurisdiction, within the same legal system or among different legal systems ?12. Sociology of adjudicators: judges, arbitrators, mediators. And what is the role of lawyers (in a wide sense) in the various jurisdictions? What is the effect on the recruitment of ‘traditional’judges?13. Involvement of laypersons (i.e. non-lawyers) in adjudication (e.g. scientific experts in IP controversies or in international trade controversies; historians in civil liability or property cases).14. Rules of procedure: imitation, circulation, adaptation, rejection. Through legislative instruments? Or self-regulation? Or practice by the parties involved?15. “Jurisdiction shopping”: a disparaging notion or an occasion for effective application of comparative law in the legal profession?16. Courts of law and courts of public opinion. How is the judicial process communicated to the public? What is the interaction between traditional and social media and the administration of justice? Should and can safeguards be taken? Or are we facing, at the end of the day, a “narrative” issue?II. TO WHOM THE CALL FOR PAPERS IS ADDRESSEDAIDC organizes on a biennial basis a “younger comparatists colloquium” (the last one, this year, was held in Campobasso) open to PhD candidates and holders, lecturers, adjunct professors; and the ordinary biennial colloquium (the present is the 24th), generally open to full and associate professors.Therefore the selection committee will prefer papers presented by full and associate professors, although it may make a limited amount of exceptions. Papers should be in Italian or English, and may be presented in either language.Simultaneous translation will not be provided.III. ORGANIZATIONAL ASPECTSThe proposal must be submitted by December 20, 2016. Acceptance will be communicated by mid-January. Within 10 days from acceptance, the participation fee (€ 100) must be paid. If not, acceptance will be forfeited and the selection committee will move on to other candidates. This requirement is essential in order to avoid that no-show of some rapporteurs preclude the possibility to others to present their papers.The Colloquium will be organized in plenary opening (Thursday, June 15) and closing (Saturday, June 17) sessions (with invited speakers). And parallel sessions (Friday, June 16) divided according to topics. It is expected that up to 35 papers will be presented in a time slot not exceeding 20 minutes per speaker.
The on-line periodical “Comparative Law Review”, sponsored by AIDC, intends to devote a special issue to the proceedings of the Colloquium. Participants are however free to publish their papers wherever they deem most appropriate.Papers in Italian may also be submitted for publication to “Diritto pubblico comparato ed europeo”, and to “Comparazione e diritto civile”, the other two leading Italian comparative law reviews.IV. OTHER ASPECTSThe origins of the “Suor Orsola Benincasa” University are deeply rooted in the grandeur of the 17th and 18th century when Naples was the capital of one of the kingdoms of the Spanish Empire and the largest town in Italy. Originally a women’s monastic institution,it became entirely secular at the end of the 19th century and provided higher education training for primary and secondary school teachers. A century later it has become a fullfledged university – the only private university in Southern Italy – with three faculties (Law, Humanities, and Education) and offers over 15 different degrees. It still occupies the vast architectural complex on Mount Sant’Elmo with a stunning view on the Gulf of Naples, Sorrento, Capri and Mount Vesuvius. It hosts several very rich art collections and a ‘Toy Museum’ and a ‘Musical Instruments Museum’[http://www.unisob.na.it/ateneo/a001_a.htm?vr=1&lg=en ].V. HOW TO SUBMIT A PROPOSALAbstracts should be submitted by e-mail at aidc.naples2017@gmail.com in Wordformat, following this order:a) author(s)b) affiliationc) e-mail addressd) title of abstracte) body of abstract (apx 250 words)
Abstract file should be entitled: Family Name_Last Name.doc
Categories: Comparative Law News

BOOK: "Anonymous Speech. Literature, Law and Politics" by Eric Barendt (July 2016)

Anonymous Speech. Literature, Law and Politics, by Eric Barendtall information here
Anonymous Speech: Literature, Law and Politics discusses the different contexts in which people write anonymously or with the use of a pseudonym: novels and literary reviews, newspapers and political periodicals, graffiti, and now on the Internet. The book criticises the arguments made for a strong constitutional right to anonymous speech, though it agrees that there is a good case for anonymity in some circumstances, notably for whistle-blowing. One chapter examines the general treatment of anonymous speech and writing in English law, while another is devoted to the protection of journalists’ sources, where the law upholds a freedom to communicate anonymously through the media. A separate chapter looks at anonymous Internet communication, particularly on social media, and analyses the difficulties faced by the victims of threats and defamatory allegations on the Net when the speaker has used a pseudonym. In its final chapter the book compares the universally accepted argument for the secret ballot with the more controversial case for anonymous speech.This is the first comprehensive study of anonymous speech to examine critically the arguments for and against anonymity. These arguments were vigorously canvassed in the nineteenth century – largely in the context of literary reviewing – and are now of enormous importance for communication on the Internet.
About the Author
Eric Barendt is Emeritus Professor of Media Law at University College London.
Categories: Comparative Law News

BOOK: "The Constitution of the United Kingdom. A Contextual Analysis" by Peter Leyland (June 2016)

The Constitution of the United Kingdom. A Contextual Analysis, by Peter Leyland, third editionall information here
This acclaimed book provides a topical and contextual outline of the principles,doctrines and institutions that underpin the United Kingdom constitution. The third edition of The Constitution of the United Kingdom has been comprehensively revised and updated to take account of recent constitutional developments and debates. This includes: the revised framework for devolution following the 2014 referendum in Scotland, the constitutional ramifications of the realignment of UK politics reflected in the result of the 2015 general election and the debate over the possible replacement of the Human Rights Act 1998 with a British Bill of Rights. The chapters are written in sufficient detail for anyone coming to the subject for the first time to develop a clear and informed view of how the constitution is arranged and how it operates. The main themes include: discussion of the history, sources and conventions of the constitution; later chapters deal with: constitutional principles, the role of the Crown, Parliament and the electoral system, government and the executive, the constitutional role of courts including the protection of human rights, the territorial distribution of power between central, devolved and local government, and the European Union dimension. In addition, the book offers analysis of the evolution of the uncodified UK constitution, its strengths and perceived weaknesses, and of reforms aimed at its modernisation.
About the Author
Peter Leyland is Professor of Public Law at SOAS, University of London and Emeritus of London Metropolitan University.

Categories: Comparative Law News

BOOK: "The Constitution of Romania. A Contextual Analysis" by Bianca Selejan-Gutan (2016)

The Constitution of Romania. A Contextual Analysis, by Bianca Selejan-Gutanall information here
In December 1989, Romania became the last Eastern European communist country to break with its communist dictatorship, the most powerful in the region at the time. It has struggled ever since to overcome the transition to democracy and to become a ‘full-time’ member of the Western democratic community of states. This book provides a contextual analysis of the Romanian constitutional system, with references to the country’s troubled constitutional history and to the way in which legal transplantation has been used. The Constitution’s grey areas, as well as the gap between the written constitution and the living one, will also be explained through the prism of recent events that cast a negative shadow upon the democratic nature of the Romanian constitutional system. The first chapters present a brief historical overview and an introduction to Romanian constitutional culture, as well as to the principles and general features of the 1991 Constitution. The chapters which follow explain the functioning of the institutions and their interrelations—Parliament, the President, the Government and the courts. The Constitutional Court has a special place in the book, as do local government and the protection of fundamental rights. The last chapter refers to the mechanisms and challenges of constitutional change and development.

About the Author
Bianca Selejan-Gutan, PhD, is Professor of Constitutional Law and Human Rights Law at the Faculty of Law, 'Lucian Blaga' University of Sibiu.

Categories: Comparative Law News

BOOK: "EU Competition Law. An analytical guide to the leading cases" by Ariel Ezrachi (September 2016)

Fifth edition of the EU Competition Law. An analytical guide to the leading cases, by Ariel Ezrachi
This book is designed as a working tool for the study and practice of European Competition Law. It is an enlarged and updated fifth edition of the highly practical guide to the leading cases of European Competition Law. This new edition also contains detailed coverage of State Aid law. Each chapter begins with an introduction which outlines the relevant laws, regulations and guidelines for each of the topics, setting the analytical foundations for the case entries. Within this framework, cases are reviewed in summary form, accompanied by analysis and commentary. This seminal text is essential reading for competition law students and practitioners. 
About the Author
Ariel Ezrachi is the Slaughter and May Professor of Competition Law at the University of Oxford and the Director of the Oxford Centre for Competition Law and Policy. He is a Fellow and Tutor in Law at Pembroke College, Oxford. 
Book details
Fifth Edition   |   September 2016   |   724pp   |   Pbk   |   9781509909834   |   

Categories: Comparative Law News

BOOK: "The 1989 Revolution in East Germany and its impact on United Germany’s Constitutional Law" by Stephan Jaggi (June 2016)

The 1989 Revolution in East Germany and its impact on United Germany’s Constitutional Law. The Forgotten Revolution?, by Stephan Jaggi
all information here
The book promotes a completely new understanding of constitutional lawmaking in Germany. A thorough analysis of the 1989 Revolution in the GDR demonstrates that it is wrong to reduce the Revolution’s meaning to bringing about German unification and an unconditional adoption of West German constitutional law by the new states. Instead, the author shows that the Revolution had its own constitutional agenda, at least parts of which were transferred to unified Germany, where mostly the Federal Constitutional Court integrated them into the West German constitutional order. Case analyses reveal that unified Germany’s constitutional law is a co-production between East German revolutionaries and the old Federal Republic.
About the Author
Stephan Jaggi is Associate Professor of US, German, and Comparative Constitutional Law at Peking University School of Transnational Law.
June 2016     9781509908011     256 pp.  

Categories: Comparative Law News

BOOK: Daniel LEE, Popular Sovereignty in Early Modern Constitutional Thought [Oxford Constitutional Theory]. Oxford: Oxford University Press, 2016, 361 p. ISBN 9780198745167

(image source: Oxford Scholarship Online)
The Legal History Blog signalled a book by Daniel Lee (UC Berkeley) on Popular Sovereignty in Early Modern Constitutional Thought.

Popular sovereignty—the doctrine that the public powers of the state originate in a concessive grant of power from ‘the people’—is perhaps the cardinal doctrine of modern constitutional theory. Its classic formulation is to be found in the major theoretical treatments of the modern state, such as in the treatises of Hobbes, Locke, and Rousseau, and it functions as a model in the design of modern constitutions, by locating the source of such public power in a putative ‘We the People’ anterior to public institutions. This book explores the intellectual origins of this constitutional doctrine in later medieval and early modern legal thought. Key to the operation of this doctrine was the legal science of Roman law, long regarded as the principal source for modern legal reasoning in Western jurisprudence. Roman law had a profound impact on the major architects of popular sovereignty doctrine, such as Baldus de Ubaldis, François Hotman, Jean Bodin, Johannes Althusius, and Hugo Grotius. The book illustrates how these jurists strategically integrated the juridical language of obligations, property, personality, as well as the model of the Roman constitution, into their analysis, locating the right of sovereignty in the people at large, as the exclusive owners of state authority. In recovering the origins of popular sovereignty in this way, the book demonstrates the vital importance of Roman law as one of the major sources of modern constitutionalism. Table of contents:
Introduction: Popular Sovereignty, Constitutionalism, and the Civil Law
1 The Lex Regia: The Theory of Popular Sovereignty in the Roman Law Tradition
2 The Medieval Law of Peoples
3 Roman Law and the Renaissance State: Dominium, Jurisdiction, and the Humanist Theory of Princely Authority
4 Popular Resistance and Popular Sovereignty: Roman Law and the Monarchomach Doctrine of Popular Sovereignty
5 The Roman Law Foundations of Bodin’s Early Doctrine of Sovereignty
6 Jean Bodin, Popular Sovereignty, and Constitutional Government
7 Popular Sovereignty, Civil Association, and the Respublica: Johannes Althusius and the German Publicists
8 Popular Liberty, Princely Government, and the Roman Law in Hugo Grotius’ De Iure Belli ac Pacis
9 Popular Sovereignty and the Civil Law in Stuart Constitutional Thought ConclusionMore information on the publisher's website.
Categories: Comparative Law News

FELLOWSHIP: "JEV-Fellowship for European Administrative History" (MPI, 2017)

WHAT JEV-Fellowship for European Administrative History, Research Fellowship
WHEN January 2017
WHERE Max Planck Institut, Frankfurt
deadline September 2016all information here
At the end of 2012 Prof. Dr. Erk Volkmar Heyen, who served as Professor of Public Law and European Administrative History at the Ernst-Moritz-Arndt University of Greifswald until his retirement and as editor of the Jahrbuch für europäische Verwaltungsgeschichte/Yearbook of European Administrative History (JEV), which ran from 1989 to 2008, endowed a research fellowship in the field of European Administrative History ("The JEV-Fellowship for European Administrative History"). The fellowship falls within the framework of the German University Foundation (Bonn, Germany). 

The scholarship is intended to benefit the next generation of scientific researchers, particularly doctoral and post-doctoral students, and exclusively to complete their research project in as brief a period as possible to a maximum of 12 months. The scholarship is based on the usual rates for doctoral fellowships of the German Research Foundation (DFG). Should a fellowship be awarded to a researcher outside Germany, local scholarship rates will be taken into consideration. Marital status will not be taken into account, nor will travel or overhead costs be reimbursed.  

The Board of the German University Foundation awards the fellowship based on the recommendation of a jury, which is based at the Max Planck Institute for European Legal History (MPI) in Frankfurt.  

Early stage researchers from Germany and abroad are invited to apply. In accordance with the thematic and methodological spectrum covered by the JEV, the scholarship is open to all historical disciplines, provided the research project addresses an aspect of European administrative history from the sixteenth to the twentieth century. The relevance of the research topic should not be restricted to a particular national context. Comparative research questions are particularly welcome. 

First time applications for a scholarship commencing in January 2017 can be submitted until 30 September 2016. Applications in English or German should be sent in electronic form to: Priv.Doz. Dr. Peter Collin, collin@rg.mpg.de. The application, which must also indicate  the intended duration of the fellowship, should include: a tabular CV with details on the nature and course university education with copies of examination results and diplomas to be enclosed, a list of scientific publications, where applicable; a detailed description of the research project including a detailed outline, a detailed report on the current state of the project and writing progress, including the reasons for any delay in its completion; extensive excerpts from the manuscript; information on the project’s previous,  current and planned financing arrangements; a precise timetable to complete the manuscript within the duration of the fellowship. Furthermore, at least  one expert opinion on the research project and a personal reference from a university lecturer are to be submitted directly to the jury. 

The MPI provides fellowship recipients with the opportunity to work in its library. Fellows are given the opportunity to present and discuss their research projects with members of the Institute. Upon expiration of the fellowship, the recipient is to submit a report on the status of the manuscript. The MPI provides for the publication of the manuscript in one of its book series, assuming it meets internal and scientific standards. The book is to acknowledge the support provided by the “JEV-Fellowship for European Administrative History” in the masthead or in the preface.

Categories: Comparative Law News

BOOK: "Exporting Freedom: Religious Liberty and American Power" by Anna Su (2016)

Anna Su, Exporting Freedom: Religious Liberty and American Power
all information here
Religious freedom is widely recognized today as a basic human right, guaranteed by nearly all national constitutions. Exporting Freedom charts the rise of religious freedom as an ideal firmly enshrined in international law and shows how America’s promotion of the cause of individuals worldwide to freely practice their faith advanced its ascent as a global power. Anna Su traces America’s exportation of religious freedom in various laws and policies enacted over the course of the twentieth century, in diverse locations and under a variety of historical circumstances. Influenced by growing religious tolerance at home and inspired by a belief in the United States’ obligation to protect the persecuted beyond its borders, American officials drafted constitutions as part of military occupations—in the Philippines after the Spanish–American War, in Japan following World War II, and in Iraq after 2003. They also spearheaded efforts to reform the international legal order by pursuing Wilsonian principles in the League of Nations, drafting the United Nations Charter, and signing the Helsinki Accords during the Cold War. The fruits of these labors are evident in the religious freedom provisions in international legal instruments, regional human rights conventions, and national constitutions.In examining the evolution of religious freedom from an expression of the civilizing impulse to the democratization of states and, finally, through the promotion of human rights, Su offers a new understanding of the significance of religion in international relations.

Categories: Comparative Law News

BOOK: "Marital Cruelty in Antebellum America" by Robin C. Sager (2016)

Robin C. Sager, Marital Cruelty in Antebellum America
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In Marital Cruelty in Antebellum America, Robin C. Sager probes the struggles ofaggrieved spouses shedding light on the nature of marriage and violence in the United States in the decades prior to the Civil War. Analyzing over 1,500 divorce records that reveal intimate details of marriages in conflict in Virginia, Texas, and Wisconsin from 1840–1860, Sager offers a rare glimpse into the private lives of ordinary Americans shaken by accusations of cruelty. At a time when the standard for an ideal marriage held that both partners adequately perform their respective duties, hostility often arose from ongoing domestic struggles for power. Despite a rise in the then novel expectation of marriage as a companionate relationship, and even in the face of liberalized divorce grounds, marital conflicts often focused on violations of duty, not lack of love. Sager describes how, in this environment, cruelty was understood as a failure to fulfill expectations and as a weapon to brutally enforce more traditional interpretations of marital duty.  Sager’s findings also challenge historical literature’s assumptions about the regional influences on violence, showing that married southerners were no more or less violent than their midwestern counterparts. Her work reveals how definitions and perceptions of cruelty varied according to the gender of victim and perpetrator. Correcting historical mischaracterizations of women’s violence as trivial, rare, or defensive, Sager finds antebellum wives both capable and willing to commit a wide variety of cruelties within their marriages. Her research provides details about the reality of nineteenth-century conjugal unions, including the deep unhappiness buried within them.
Categories: Comparative Law News