Comparative Law News

WORKSHOP: Neo-Thomism in Action. Law and Society Reshaped by Neo-Scholastic Philosophy, 1880-1960 (Leuven: KULeuven, 8-10 Oct 2017)

(image source: Meeting Leuven)
The KULeuven and the KADOC (Documentation and Research Centre for Religion, Culture and Society) organise an international workshop in the Irish College on Neo-Thomism in Action. Law and Society reshaped by neo-scholastic Philosophy, 1880-1960.


Sunday 8 October
19 h. Guided visit to the Institute of Philosophy, the Leo XIII seminar and the Sacred Hart House, by Jan De Maeyer (KU Leuven). Welcome adress by Bart Raymaekers, vice-rector of KU Leuven.

Monday 9 October

Chair: Emmanuel Gerard (KU Leuven)

Key-notes Emiel Lamberts (KU Leuven) Religious, Political and Social Settings of the Revival of Thomism (1870-1960).

James Chappel (Duke University) Contraception, Usury, and the Formation of Modern Catholic Ethics, 1880-1940.

Cajetan Cuddy, O.P. (Université de Fribourg) A Neo-Scholastic Scientific Revolution.

Jo Deferme (KU Leuven) The influence of Neo-Thomism on Catholic Social-Policy Making in Belgium, 1880-1914.

Chair: Andrea Robiglio (Institute of Philosophy KU Leuven)
Keynote Rajesh Heynickx (KU Leuven) Into Neo-Thomism. Reading the Fabric of an intellectual Movement.

Cinzia Sulas (La Sapienza, Roma)
Luigi Taparelli d’Azeglio's Thomism: semantic History of a Graft.

Erik Sengers (Bonifatiusinstitute, Diocese HaarlemAmsterdam) Joannes Aengenent: the Appeal of a thomistic Sociologist for a more humane Economy.

Jean-Pierre Delville (Diocese of Liege)
Antoine Pottier and the neo-thomist Roots of Christian-democracy.

Conference dinner (20-22 h.)

Tuesday 10 October
Chair: James Chappel (Duke University)

Piotr H. Kosicki (University of Maryland) Between Lublin and Leuven: Transnational Neo-Thomism and Europe’s Twentieth-Century Personalist 'Revolution'.

Kasper Swerts (University of Edinburgh) A forgotten Connection. The Influence of the Catholic University of Leuven and Neo-Thomism on interwar Quebec Nationalism.

Jakub Štofaník (Masaryk Institute, Czech Academy of Sciences) Reception and Adaptation of Neo-Thomism in East-central Europe, between the intellectual and social Involvement of the Catholic Church.

Chair: Cécile Vanderpelen (CIERL-ULB)

Faustino Martinez Martinez (Universidad Complutense de Madrid) Moderate, Conservative, Neo-Scholastic. Bravo Murillo’s Reformal Projects on the Spanish Constitution: Goals and Influences.

Milinda Banerjee (Presidency University Kolkata / LMU Munich) Thomas Aquinas, Neo-Thomism, and the TransnationallyEntangled Emergence of the Indian Judiciary as a PoliticoTheological Institution, 1973-2015

Adolfo Giuliani (Roma III / University of Helsinki) What a Legal Historian can learn from the Neo-Thomist Revival of John Poinsot’s Tractatus de Signis (1632-4).

Closing discussion (17-18 h.)
Panel of the keynote speakers chaired by Wim Decock (KU Leuven)

(source: Prof. dr. W. Decock (KUL/ULg))
Categories: Comparative Law News

CONFERENCE: "Conférences de droit Romain - Cycle 2017-2018" (Paris, December 4, 2017; January 23, 2018; March 13, 2018; March 27, 2018)

                                    (Source: Université Paris Descartes)

The Université Paris Descartes announced the programme for its lecture series on Roman law during the academic year 2017-2018


Paris, Université Paris Descartes, Law faculty, Salle des Actes, 10, Avenue Pierre Larousse, Paris


December 4, 2017 - M. Pierangelo BUONGIORNO, Professeur à l'Université de Münster, Le phénomène associatif à l'époque des Antonins. Quelques remarques sur AE 2010, 242January 23, 2018 - M. Alberto DALLA ROSA, Maître de conférences à l'Université Bordeaux Montaigne, L'empereur, acheteur de terres sur le libre marché ? Problèmes juridiques, politiques et sociauxMarch 13, 2018 - Mme Fara NASTI, Professeur à l'Université de Cassino, L'Enchiridion de Pomponius. Nouvelles perspectivesMarch 27, 2018  - Mme Lauretta MAGANZANI, Professeur à l'Université Cattolica del Sacro Cuore de Milan, Auguste et les cadastres d'Italie
More information about this event can be found on the website of the Institut d'Histoire du Droit of the Université Paris Descartes

Categories: Comparative Law News

Juris Diversitas 6th Annual Conference, Call for Papers

Juris Diversitas - Tue, 10/03/2017 - 17:54

June 25-27, 2018
Potchefstroom, South Africa

In partnership withFaculty of Law, North-West University, Potchefstroom & the Centre for Comparative Law in Africa
Law, Roots & Space
The Theme:A couple of lawyers’ old friends: ‘Sources’ and ‘Jurisdictions’. In their parlance, these notions are often associated to modern, ‘positive’ law. The idea of ‘Legal formants’ has been introduced to complete the picture, flexibilising it, making it more accurate, nuanced, realistic; an idea associated to comparative, socio-legal, anthropologic studies. With ‘Roots’ and ‘space’ geographers, historians, political scientists get involved. These are certainly less frequent notions in legal circles: we may still wish to make friends with them, to enrich our perception of legal phenomena.‘Roots’ is often associated to history of law and related discourses – if legal formants may complete a picture, legal roots do complete the movie, so to speak.‘Space’: an open notion, perhaps a non-notion in modern legal discourse, generic enough to include every spatial dimension of legal phenomena: dissemination of movie theaters and other forms of diffusion of the various show-biz products could be the appropriate metaphor here, including space law and virtual property. A legal discourse that goes beyond the checkboards, or the series of juxtaposed swimming pools – Tetris-style – containing water from their respective individual sources, produced by modern, Westphalian conceptions of the law. It goes, instead, to normative forces producing their effects without a precise geographic boundary: like radio stations, magnetic or gravitational fields. Or like intricate sets of rivers, lakes, canals, ponds, infiltrated wetlands, oceans, weather, all contributing to a locally diversified but still unitary eco-system and bio-sphere of water, landscape, vegetation, fauna. A discourse on normative forces and the fuzziness of their historic and geographic reach.Submissions:Panel proposals and interdisciplinary presentations are strongly encouraged, as is the participation of doctoral students and scholars from outside of the discipline of law. While parallel sessions featuring three presentations of twenty-minute each will be the pattern, we welcome creative arrangements.Proposals should be in English or in French.Proposals of circa 250 words (or 1000 words for panel proposals with three or more speakers) should be submitted to Professor Salvatore Mancuso at: or Professor Christa Rautenbach at: by December 15, 2017, with a short biography paragraph listing major or relevant publications. Make this a single Word document with minimal formatting, so that proposal and biography can be copied easily into the conference program.Registration Fees:€200 or €125 for Juris Diversitas members paid up for 2018. Special rate for young scholars under the age of thirty coming the first time and for scholars in developing nations: €150 or €75 for Juris Diversitas members paid up for 2018.Note that fees do not cover travel, accommodation, or the conference dinner (€25).Additional Information: Information regarding accommodation options, travel, other conferences in South Africa, payment methods, etc. will be provided soon.
Categories: Comparative Law News

JOURNAL: Comparative Legal History V (2017), No. 1: Maritime Conflict Management, Diplomacy and International Law, 1100–1800

(image source: Blogger)
The first issue of the fifth volume of Comparative Legal History has just been published.

Editorial (Heikki Pihlajamäkki & Aniceto Masferrer Domingo)

Introduction: maritime conflict management, diplomacy and international law, 1100–1800 (Louis Sicking) (2-15)

Between royal orbits: jurisdiction in the Northern British Isles ca 1100–1360 (Ian Peter Grohse) (16-35)

Piracy and reprisal in Byzantine waters: resolving a maritime conflict between Byzantines and Genoese at the end of the twelfth century (Daphne Penna) (36-52)

Reprisal and diplomacy: conflict resolution within the context of Anglo–Dutch commercial relations c1300–c1415 (Juriaan Wink & Louis Sicking) (53-71)

 Merchants ambushed in foreign lands in the Late Middle Ages: the case of seafarers from Cuatro Villas in the North of Castile, Spaina (Javier Añíbarro-Rodríguez) (72-87)

Commercial litigation across religious borders: rendering justice for Valencian merchants in fifteenth-century North Africa and Granada (Victor Olcina Pita) (88-106)

On governance structures and maritime conflict resolution in early modern Amsterdam: the case of the Chamber of Insurance and Average (sixteenth to eighteenth centuries) (Sabine CJP Go) (107-124)

Victims of maritime conflict, compensation claims and the role of the admiralty court in the early modern period (Shavana Musa) (125-141)

Prize law, international diplomacy and the treatment of foreign prizes in the seventeenth century: a case study (Hielke Van Nieuwenhuize) (142-161)

International treaties versus ‘bonne prise’: the case of the Dutch merchant ship De Vriendschap in the Mediterranean in 1745 (Thierry Allain) (162-176)

Book Reviews:
The law’s many bodies: studies in legal hybridity and jurisdictional complexity, c1600–1900 (Jan Hallebeek) (177)

Law and authority in British legal history, 1200–1900 (Kristin Boosfeld) (178-182)

Papacy, monarchy and marriage, 860–1600 (Frederik Pedersen) (182-184)

The beginnings of Islamic law: late antique Islamicate legal traditions (Assaf Likhovski) (184-188)

El jurista en el Nuevo Mundo: Pensamiento. Doctrina. Mentalidad  (Viviana Kluger) (188-191)

More information with Taylor&Francis.
Categories: Comparative Law News

CALL FOR PAPERS: Young Scholars Conference: 'Historical Capitalism and International Law' (Paris, Sciences Po Law School, 18-19 Jan 2018); DEADLINE 15 OCT 2017

(image source: Sciences Po)
From the refugee crisis to climate change, from international terrorism to the ascent of extreme right governments, from increasing inequalities to new identity-based conflicts: the promises of liberal economic globalisation seem to be under attack all over. As a result, reflections on the relations between economy and society are increasingly present in the public debate, notably from the perspective of a more radical critique of the very basis of the capitalist system. This renewed interest is echoed for example in (yet another) return to Karl Marx’s writings, particularly in the German, French and Anglo-American press, in response to the now famous critiques of economic inequalities in liberal-democratic and market-driven societies, such as those raised by Thomas Piketty.
In the academic debate, although an increasing number of international lawyers have recently made historical interventions in their discipline in search of new possible futures, from a legal perspective in-depth analyses of the origins and functioning of the capitalist system remain limited. On the contrary, many historians have been focusing on the subject of capitalism and have developed analytical tools to critically analyse it, without however giving full importance to the constitutive role of law in the functioning of the capitalist system. The young scholars’ conference which will take place on 18 and 19 of January 2018 at Sciences Po Law School, Paris, as part of CIERA’s programme colloques juniors will explore the topic “Historical Capitalism and International Law” and try to fill some of these gaps. We borrow the notion of historical capitalism from Immanuel Wallerstein (Le Capitalisme historique, La Découverte, 2011) who points towards an analysis of the capitalist system as a specific historical process based on the principle of the continuous accumulation of capital. Originally historical, this definition underlines the particularities of capitalism as a social construction embedding several economic, social, political and cultural dimensions, all of which can be further articulated through analysing the legal dimension. Hence, this kind of analysis allows the elaboration of interdisciplinary perspectives, which depart from the material reality of capitalism to analyse its origins, functioning, current challenges and the prospect of its potential future developments. This conference will focus on the nature and evolution of economic and social institutions, their role in the exchanges and movement of peoples, ideas and commodities, as well as the way through which encounters, confrontations and interactions have shaped them in turn.
An interest in this particular dialogue lies principally in the perception of law as a social product which enjoys a relative autonomy in relation to other economic, social and cultural disciplines. Since law itself produces its own concrete realities and at the same time is an instrument around which various social actors struggle, it should not be analysed in complete isolation from other social processes. The interplay of voices coming from different disciplines is therefore central to grasping the specificity of law in the production of historical capitalism; particularly if one wants to avoid falling into analytical traps, such as the tendency to reduce law to a superstructure or on the other hand the reduction of histories and analysis of law to elements separated from the functioning of society. The conference will hence gather lawyers and historians, as well as social science scholars, appealing to the diverse and complementary approaches of each discipline in order to understand the forms of organisation which capitalism has taken in different times, in different places and at different scales. Each session will involve discussions between lawyers and historians working on related topics.
Contributions to the conference should explore one of the three following subject areas: 1) international law and the histories of capitalist expansion; 2) the history of international law and political conflicts in capitalism; 3) histories of international law and narratives of capitalist modernity. The publication of a special issue of the Journal of History of International Law is also being considered and would incorporate certain contributions from the conference.
Abstracts from 300 to 500 words shall be submitted indicating the subject area of the proposed contribution, along with a CV by 15 October 2017 to Successful applicants will be notified by 5 November 2017 at the latest. English will be the main working language during the conference.
We encourage applications from the members of the HeiParisMax network, of the Collège doctoral franco-allemand en droit public comparé européen and of scholars affiliated to history centres connected to CIERA. There will be an equal number of contributions from both men and women, participants from French and German institutions, and those proposing historical or legal approaches. Applications from other areas of the world are also accepted and encouraged. A portion of the travel and accommodation expenses of selected participants will be covered by the conference.
Scientific Committee:
Lisa Herzog (Institut für Sozialforschung der Johann Wolfgang Goethe-Universitat)
Claire Lemercier (Centre de Sociologie des Organisations de Sciences Po)
Anne Peters (Max-Planck-Institut für ausländisches öffentliches Recht und Völkerrecht)
Emmanuelle Tourme-Jouannet (Ecole de droit de Sciences Po)
Organisational Committee:
Filipe Antunes Madeira da Silva (Ecole de droit de Sciences Po)
Robin Caballero (Humboldt Universität zu Berlin/ Université Paris 1 Panthéon-Sorbonne)
Alberto Rinaldi (Ecole de droit de Sciences Po)
Milan Tahraoui (Université Paris 1 Panthéon-Sorbonne/ Max Planck Institut für ausländisches Recht und Völkerrecht)
Leonie Johanna Vierck (Max-Planck-Institut für ausländisches öffentliches Recht und Völkerrecht)

With the Support of:
Centre interdisciplinaire d’études et de recherches sur l’Allemagne (CIERA)
Collège doctoral franco-allemand en droit public comparé européen
Ecole doctorale de Sciences Po
Ecole de droit de Sciences Po
Max-Planck-Institut für ausländisches öffentliches Recht und Völkerrecht
HeiParisMax – Partenariat académique franco-allemand
Categories: Comparative Law News

CONFERENCE: A legal history conference: Russian Revolution in the Nordic perspective (7 Nov 2017, Oslo, Oslo University)

This conference aims at discussing the history, legal implications, and legacy of the 1917 Russian Revolution.Time and place: Nov. 7, 2017 9:00 AM - 5:00 PM, Gamle Festsal, Domus AcademicaAdd to calendarIllustration: Reidar Aulie: Tendens (copyright BONO).In February and October 1917 Revolutions took place in Russia, bringing about dramatic changes in the society and the legal system. Did the Russian Revolution(s) have any impact on the Nordic countries? What legal transformations did the Revolution(s) bring about for Russia and for the Nordic countries?Without understanding the legal and political transformations which occurred in Russia 100 years ago, we may not fully understand the legal system of Russian law in the later Soviet and post-Soviet period, and the implications for the Nordic countries.This conference will be of interest not only for legal historians. We invite legal scholars, practitioners, students and everyone interested in history of Russia and the Nordic states, international and comparative law and Russian law.PROGRAM9:00-9:15 Coffee9:15-9:30 Welcome: Professor Dag Michalsen, Dean of the Law Faculty / Professor Alla Pozdnakova9:30 Professor William E. Butler (Penn State University): Key note speech
Revolution: history, philosophy and law (10:00-12:15)Chair: Professor Marit Halvorsen10:00 History of 1917 Russian Revolution(s): Professor Emeritus Åsmund Egge (UiO)10:25 Young Marx and why Revolutionists did not like him: Professor Christoffer Conrad Eriksen (UiO)11:50 Coffee break11:15 Comparative Law in Russia: Historical traces of influence: Irina Fodchenko, PhD candidate (UiO)11:15 Revolutionary Law in Russia: Continuity and change: Dr. Tatiana Borisova (HSE St. Petersburg)11:30 Questions and discussion          12:15-13:00 Lunch break
Revolution and ownership rights (13:00-15:15)Chair: Professor Gentian Zyberi          13:00 Fisheries in Finnmark – relationship with Russia in legal history perspective: Professor Emeritus Kirsti Strøm Bull (UiO)13:20 Right to state and other property  after the revolution and/or recognition of new government in Russia, contra Russian recognition of the Norwegian government in 1905: Professor Ola Mestad (UiO)13:40 Real property law in pre- and post-soviet Russia: Has the Revolution altered Russia's legal regime? Professor Tina Hunter (University of Aberdeen)14:00 How Russia became a market economy - or did it? Professor Kaj Hobér (University of Uppsala; Stockholm Chamber of Commerce)14:30 Questions and discussion14:50 Commentary/ Professor William E. Butler15:00 - 15:15 Coffee break
Afternoon session II: International and Comparative Law perspectives on the Russian Revolution (15:15-17:30)Chair: Professor Alla Pozdnakova15:15 The Martens Clause and Its Importance for the Development of International Humanitarian Law, Professor Gentian Zyberi (NCHR)15:35 The Soviet Union and the negotiation of the UN Charter and universal human rights, 1941-1948: Professor Emeritus Åsbjørn Eide15:50 Turbulent times: Finnish independence and civil war in a comparative context: Professor Jukka Kekkonen (University of Helsinki)16:20 "Latvian Socialist Soviet Republic or so called "Stuchka’s Republic" (December 1918 – January 1920) as a Latvian statehood alternative and social experiment": Dr.iur. Elīna Grigore-Bāra (University of Latvia)16:40 Commentary / Professor William E. Butler17:00 Questions and round-up
(source: University of Oslo)
Categories: Comparative Law News

CALL FOR PAPERS: The Paris Peace Conference and the Challenge of a New World Order (Paris, June 2019); DEADLINE 1 JUNE 2018

                                              (Source: H-Net)

A call for papers has been announced at H-Announce for a conference on "The Paris Peace Conference and the Challenge of a New World Order", to be held in Paris in June 2019.

Type: Call for Papers
Date: September 26, 2017 to June 1, 2018
Location: France
Subject Fields: Colonial and Post-Colonial History / Studies, Diplomacy and International Relations, Nationalism History / Studies, Women's & Gender History / Studies, World History / Studies
The Peace Conference held in Paris in the aftermath of the Great War remains among the most important yet also most controversial events in modern history. Although it is often considered to have made a second global war all but inevitable, it has also been praised for providing the basis for an enduring peace that was squandered recklessly by poor international leadership during the 1930s.A major international conference will take place in Paris in June 2019 to commemorate the centenary of the 1919 Conference from a global perspective. The purpose of this event is to re-examine the history of the Peace Conference through a thematic focus on the different approaches to order in world politics in the aftermath of the First World War. A remarkably wide range of actors in Paris - from political leaders, soldiers and diplomats to colonial nationalist envoys and trade unionists, economists, women's associations and ordinary citizens - produced a wide array of proposals for a future international and, indeed, global order. These proposals were often based on vastly different understandings of world politics. They went beyond the articulation of specific national security interests to make claims about the construction and maintenance of peace and the need for new norms and new institutions to achieve this aim. To what extent the treaties and their subsequent implementation represented a coherent world order remains a question of debate. 
By 'order', we mean in the first instance, the articulation and development of systematic ideas, institutions and practices aimed at promoting a durable peace that would deliver security, economic recovery and social justice. This distinguishes thinking about 'order' from discussions of 'national interests' - though there was of course overlap between these two modes of thinking about future international relations. Second, we are interested in 'order' as an analytical concept in its own right. This encourages historians to identify, as Paul Schroeder has argued, the shared rules, assumptions and understandings about a particular set of political relations and to show how specific decisions reflect the norms of the order.
Emphasising the preoccupation of peace-makers with the problem of world order broadens the scope of the familiar questions and debates that have dominated the literature on the Peace Conference. It also opens the way for posing new questions and for thinking about more familiar questions in new ways. We therefore invite papers addressing the following questions:
  1. What were different conceptions of political, economic and social order advocated at the Paris Conference? What was the relationship between different ideas about the international order, such as a system based on national self-determination and one based on the rule of law? Were there broad over-arching conceptions of an international order, such as liberal and socialist internationalism, that could accommodate more narrowly focused ideas such as free trade or labour rights? How did people conceive of the relationships between self-interest and order? What role did power politics play in conceptions of international order? Were the absentees from Paris - notably the Germans and the Bolsheviks - able to shape the debate about the emerging international order?
  2. What were the origins of these different ideas about order? Why was there such an interest in the systematic development of particular orders both during and after the war? Who produced ideas about order, and why? What was in particular the role of NGOs and ordinary citizens? Can an approache based on different 'generations' of international actors illuminate this problem in new ways? Was the idea of 'order' a reaction to international politics before and during the war? Or did it represent a continuity with certain strands of thinking about international politics that pre-dated the outbreak of war in 1914? What was the relationship between the articulation of war aims and ideas about post-war order?
  3. To what extent did contending visions of an international order shape the peace treaties? Did the organization and proceedings of the Conference reflect tensions between the national, the regional and the global? What was the role of regional orders in shaping broader conceptions of a new world order? To what extent did discourses concerning new regional orders reflect fundamental changes in the conceptualization of world politics? To what extent were they a repackaging of the more familiar themes of empire or spheres of influence?
  4. How were the peace treaties legitimated to domestic and international audiences? Were subsequent negotiations on the implementation and revision of the peace treaties shaped by the profound debates about international politics that took place before and during the Peace Conference? Were conceptions of international order systematically subordinated to concerns about national security? Conversely, to what extent can it be argued that the Paris Peace Conference produced or contributed to a disorder in European politics that led ultimately to the Second World War?
  5. What was the impact of the Paris Peace Conference on views of world order based on gender, class and race? How did women, workers and colonial subjects respond to the peace conference and what was its impact on the emergence of alternative voices in international affairs? Whose voices were heard at Paris in 1919 and whose remained silent or were silenced?
  6. What political and diplomatic practices were implied in these various conceptions of international order? To what extent did these practices shape the course of international relations in 1919? Did the intellectual debate and political experience of the Paris Peace Conference play a role in shaping a future generation of leaders (such as Jean Monnet and John Foster Dulles)?
Paper proposalsThe conference organisers aim to ensure the conference provides a global perspective on the Paris Peace Conference. We are therefore particularly keen to receive proposals from scholars working on topics pertaining to the non-western world.
The conference languages will be English and FrenchRegardless of language, all proposals will receive serious consideration.
The deadline for proposals is: 1 June 2018Please send your proposal (abstract in English or French of no more than 500 words) and short CV to Axel Dröber:
Conference Steering CommitteeLaurence Badel (Université de Paris I Panthéon-Sorbonne)Eckart Conze (Philipps-Universität Margurg)Norman Ingram (Concordia University)Peter Jackson (University of Glasgow)Stefan Martens (Deutsches Historisches Institut, Paris)Matthias Schulz (Université de Genève)William Mulligan (University College Dublin)
Comité scientifiqueAndrew Barros (Université de Québec à Montréal)Carl Bouchard (Université de Montréal)Eric Bussière (LABEX EHNE)Michael Clinton (Gwynedd Mercy University)Olivier Compagnon (Paris III - Sorbonne Nouvelle)Beatrice de Graaf (Utrecht)Vincent Dujardin (Université catholique de Louvain)Olivier Forcade (Université de Paris - Sorbonne)Erik Goldstein (Boston University)Jean-Michel Guieu (Université de Paris I - Panthéon-Sorbonne)Talbot Imlay (Université Laval)Stanislas Jeannesson (Université de Nantes)John Keiger (Cambridge University)William Keylor (Boston University)Antoine Marès (Université de Paris I - Panthéon-Sorbonne)Holger Nehring (University of Stirling)Jennifer Siegel (The Ohio State University)Glenda Sluga (University of Sydney)Georges-Henri Soutou (Collège de France)Christian Tams (University of Glasgow)Hugues Tertrais (Commission of History of International Relations - ICHS)Martin Thomas (University of Exeter)Antonio Varsori (University of Padua)Hirotake Watanabe (Tokyo University of Foreign Studies)
Xu Guoqi (University of Hong Kong)

Categories: Comparative Law News

E-JOURNAL: MPI for European Legal History, SSRN Research Paper Series, VI (2017), No.4

 (Source: MPI for European Legal Historypublished the fourth issue of the sixth volume on its SSRN Research Paper Series.
Paper 1
"Authorized Interpreters of Islamic Law – The Shīʽa View", Max Planck Institute for European Legal History Research Paper Series No. 2017-04
KATARIINA SIMONEN, University of Helsinki - Faculty of Law
English Abstract:
The question of who is authorized to interpret Islamic law is a difficult one due to the plurality of different schools of Islamic jurisprudence, each of which allocates the authority very differently. Yet, any dialogue in matters of Islamic law requires the correct interlocutors to be identified. This topic is as under-researched in Western legal and security-policy studies as it is important.This study attempts to identify the correct interlocutors in legal matters under Twelver Shīʽism, which is the state religion in Iran. In terms of its legal history, such authority has developed into a hierarchical, yet pluralistic system of legal authority since the end of the 18th century, with the victory of the so-called Ușūlī school of jurisprudence and the emergence of grand jurists (marājiʽ-i taqlīd). The process of designating absolute authority continues informally, but a key prerogative is superior knowledge of Islamic law and religion.Such grand jurists have, at times, exercised great influence over the ruling Shāhs. Other times, they have preferred to remain teachers in religious schools. An important change took place with the 1979 Islamic Revolution, through which the guardianship of the jurist (vilāyat-i faqīh) was crystallized in the Iranian constitution. Since then, grand jurists have had to accommodate another religious and political authority, the guardian jurist or supreme leader (valī-yi faqīh). To date, the division of authority between the guardian jurist and grand jurists remains unresolved. The future will depend on the strength of the requirements developed by the Ușūlī school regarding superiority in learning for any attribution of authority.
Paper 2
"Sagrada Unción (DCH) (Holy Unction (DCH))", Max Planck Institute for European Legal History Research Paper Series No. 2017-05
OSVALDO RODOLFO MOUTIN, Max Planck Society for the Advancement of the Sciences - Max Planck Institute for European Legal History
English Abstract:
This article describes the general doctrine and liturgical practice regarding the sacraments, and concerning holy unction specifically, in the early modern Roman Catholic tradition and in the context of the Spanish Indies, according to canonical doctrine.Paper 3
"Acusaciones e Inquisiciones (DCH) (Accusations and Inquisitions (DCH))", Max Planck Institute for European Legal History Research Paper Series No. 2017-06
ALEJANDRO AGUERO, CONICET-CIJS Universidad Nacional de Córdoba
English Abstract: Conceived for the Historical Dictionary of Canon Law in Latin America and the Philippines (XVI-XVIII), this essay addresses the study of the terms "accusation" and "inquisition" within the framework of this legal tradition. The text analyzes the technical meaning of these terms in Canon Law as well as the semantic changes derived from the use and judicial practice, paying particular attention to the context of colonial canon law in the domains of the old Hispanic Monarchy. The papers can be downloaded at SSRN
Categories: Comparative Law News