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Comparative Law News

BOOK: Cairns on Codification, Transplants and History

Juris Diversitas - Mon, 06/22/2015 - 04:12

John Cairns (Edinburgh)'s Codification, Transplants and History: Law Reform in Louisiana (1808) and Quebec (1866) (The Lawbook Exchange, 2015) is now available:
When Louisiana enacted its Digest of the Civil Laws in 1808 and Quebec its Civil Code of Lower Canada in 1866, both jurisdictions were in a period of transition economic, social and political. In both, the laws had originally been transplanted from European nations whose societies were in many ways different from theirs.

This book offers the first systematic and detailed exploration of the two new codes in light of social and legal change. Cairns examines the rich, complex, and varying legal cultures French, Spanish, Civilian and Anglo-American on which the two sets of redactors drew in drafting their codes. He places this examination in the context surrounding each codification, and the legal history of both societies.

Cairns offers a detailed analysis of family law and employment in the two codes, showing how their respective redactors selected from a defined range of sources and materials to construct their codes. He shows that they acted relatively freely, attempting to inscribe into law rules reflecting what they understood to be the needs of their society from an essentially intuitive and elite perspective. While not propounding a universal theory of legal development, Cairns nonetheless shows the types of factors likely to influence legal change more generally. xlv, 559 pp.

Categories: Comparative Law News

BOOK: "The Nobile officium" by Stephen Thomson

Stephen Thomson, The nobile officium. The Extraordinary equitable Jurisdiction of the Supreme Courts of Scotland
all information here
The Nobile Officium of the Court of Session and the High Court of Justiciary is an ancient but elusive concept. The equitable jurisdiction of the Supreme Courts of Scotland continues to be relevant and useful today but its scope and limitations are poorly understood. This is the first book to systematically examine the Nobile Officium. Placing it in its historical and conceptual context, the book explores the development and application of the Nobile Officium in such diverse areas as:
  • Trusts
  • Judicial factors, curators, tutors and guardians
  • Bankruptcy, insolvency and sequestration
  • Custody of children
  • Public officers
  • Statutory omissions
  • civil procedure
  • Criminal law and procedure
This ambitious text provides original and informative commentary and analysis for practitioners, teachers and students of Scots law.Stephen Thomson is Assistant Professor at the Faculty of Law, The Chinese University of Hong Kong
Categories: Comparative Law News

JOB: Ph.D.-position in European Legal History (KULeuven, deadline 26June 2015)

The Research Unit Roman Law and Legal History at the University of Leuven offers a Ph.D.-position for a year, renewable twice (one year, two year, amounting to four years in total).

Applicants should have a Master degree in Law and a sufficent proficiency in Latin
More information on the vacancy: KULeuven website, or contact prof. dr. L. Waelkens (Laurent.Waelkens@law.kuleuven.be).
(source: Rechtshistorische Courant)
Categories: Comparative Law News