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NOTICE: S.F.C. (Toby) Milsom (1923-2016)






S. F. C. Milsom was professor emeritus of law at Cambridge University and the author of many books, including 'Historical Foundations of the Common Law' (1969) 'Legal Framework of English Feudalism' (1972) and 'A Natural History of the Common Law' (2003). The recipient of the Harvard Law School's Ames Prize and the Royal Society of Arts' Swiney Prize, Milsom was past president of the Selden Society, a fellow of the British Academy and of the Royal Historical Society, and a member of the American Philosophical Society. He was a fellow of St. John's College, Cambridge since 1976.
A fitting tribute can be seen in just one online source's approach to contextualising his work: 'In most ways, his thought has dominated English legal history since 1958. His research was initially centered in the fourteenth century, and he has progressively worked backward into the twelfth century. He has been unconcerned with statutory change, not because he denies that law changes by statutes, but because he regards that as a relatively uninteresting form of legal change. In all his work he cautions against positing a legislator; for the larger issues of legal change, his fundamental postulate is that there was no legislator. "Legislator" for Milsom must be taken in the broad sense, that is, a person or several persons who shaped the law purposefully. The real initiators of legal change are not legislators (whether members of Parliament, Chancellors, or justices of the king's court), but everyday lawyers. Such lawyers are unconcerned with the ideal structure of the law and conceptual problems; their concerns are rather the success of their client. They are thus willing to circumvent obstacles erected by formal law. If they are successful in such a circumvention and others follow, the law has in fact been changed, but not from abstract concerns and not with any attention paid to the larger issues. Legal change issuing from lawyers' attempts to succeed for their clients is myopic and will distort legal conceptual structures without concern for those concepts or for the overall effect on society.' (http://vi.uh.edu/pages/bob/elhone/elh1a.html)
He will be always remembered by legal historians and his personal and scholarly legacy will continue to enlighten us with his wisdom. Our thoughts and prayers are with him and his family.
Categories: Comparative Law News

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Juris Diversitas - Fri, 02/26/2016 - 19:07
You are invited to the book launch forVolume I of the seriesSTUDIES IN THE CONTRACT LAWS OF ASIARemedies for Breach of ContractEdited byMindy Chen-Wishart(Oxford University, (fractional) National University of Singapore)Alexander Loke(City University Hong Kong)Burton Ong(National University of Singapore)
to be held inThe Cube Lecture Room, Oxford University Faculty of LawSt Cross Building, Oxford, OX1 3ULon3 March 2016, 5.20-6.45pmSpeakers:
Dean Professor Anne Davies Welcome and introduction
Professor Mindy Chen-Wishart Why no sensible people would attempt such a project
Lord Toulson Comment
Professor Hugh Beale Comment
The event will be followed by drinks

Please RSVP to: mindy.chen-wishart@law.ox.ac.uk
Categories: Comparative Law News

JOB: Postdoctoral researcher/Assistant Professor (tenure track), History of International Governance (Vienna) (DEADLINE 1 APR 2016)

(image source: Universität Wien)

The University of Vienna advertised the following tenure track-position:


We solicit applications for a post-doc position (tenure track) in the history of international governance and global history. The successful applicant will ideally have interdisciplinary approaches and research and publication strengths. We are interested in applicants working in any combinations of the following areas: The role of international institutions, pressure groups and civil society initiatives in regulating global economy, security, migration and financial markets as well as in the implementation of social policy, human rights and labour standards.
We especially invite applications from researchers who are able to foster international research connections and develop innovative approaches to the history of internationalism and international organizations since the second half of the 19th century. A particular focus on the history of governance, the history of international relations, the history of sciences, the humanities and knowledge is advantageous. We welcome a variety of approaches, including for example gender.
We also expect a strong commitment to teaching on all levels (B.A., M.A. and teacher’s training curricula in History (according to the University’s Collective Agreement [Kollektivvertrag]) in German and English, as well as participation in one of the existing Research Areas in the Faculty of Historical and Cultural Studies. The successful applicant will also be encouraged to cooperate with units located in other faculties (Law, Political Science and Social Sciences).
The advertised position is a scientific tenure track position: within the first two years of employment the University of Vienna may offer a “qualification agreement” if the scientific performance of the employee suggests that the required qualification can be reached.
 This agreement is connected with the title of “Assistant Professor” [AssistenzprofessorIn].
In case the goals of the “qualification agreement” are met, the employment (initially limited to a period of 6 years) will be made permanent and the title of the employee will be changed to “Associate Professor” [assoziierte/r ProfessorIn].
Via a further competitive procedure as stipulated in the University’s Statutes, associate professors can be directly promoted to full professor.
If the qualification is not reached, the employment ends upon expiry of the contract term; in case of an indefinite employment at that time, such employment may be terminated by the University.
 Deadline for applications: 1 April 2016. More information in the original call.

 Source: Toynbee Foundation.
Categories: Comparative Law News

WORKSHOP: "Beyond the Western Paradigm ? Towards a Global History of International Law" (ESIL Research Forum, Istanbul, 21-22 Apr 2016)

“Beyond the Western Paradigm? Towards a Global History of International Law”
(image source: thestregisistanbul)
The ESIL Interest Group History of International Law announced he line-up for its first Workshop on an ESIL Research Forum, hosted in Istanbul (21-22 April 2016)
Convener/Chair
    Thomas Skouteris (The American University in Cairo)
Comments:
    Gerry Simpson (Melbourne Law School)
Panelists:
    Andrei Mamolea (Graduate Institute of International and Development Studies, Geneva): "The Law of War in the Conquest of Indigenous Polities, 1899-1904"
    Stiina Löytömäki (University of Helsinki), "The ‘Mise en Valeur’ of the Colonies and Free versus Forced Labour: France and the Construction of Congo-Ocean railway"
    Martin Clark (Melbourne Law School): "What Can We Learn from the History of Global Historiography? Global Historiography, International Law, and a Method Sketch for a Global History of the Congo Free State"
    Johannes Hendrik Fahner (University of Amsterdam & University of Luxemburg): "The Good, the Bad, and International Investment Law – Decoupling History and Ideology"

More information with the ESIL Interest Group History of International Law.
Categories: Comparative Law News

Juris Diversitas Conference: CALL FOR PAPERS PROLONGED

Juris Diversitas - Fri, 02/19/2016 - 18:36
2016 Annual Conference: Unity and/or Diversity
May 30 to June 1, 2016Louisiana State University Law Center, USA
 Still time to submit, do not miss the event!Over 50 submissions accepted so far, from scholars worldwide

Theme: Comparative legal studies have long been perceived as an engine pulling legal traditions and systems towards convergence, harmonization, and unification. Today, legal pluralism pushes towards the recognition of human and social diversity. Does this mean that we have to choose between unity and diversity, Jus unum or juris diversitas?  To what extent do pluralistic societies embrace or reject harmonization and uniformity, or simply ignore them? Do we unify or add layers, increasing the complexity of legal orders? Does history reflect a move from diversity to unity or an ongoing conflict between the two? What makes unity successful or sustainable? This is an invitation to discuss, in an interdisciplinary way, the development of laws and social norms, in the dialectical tension between the ontological unity of human beings and mankind and the plurality of individual aspirations and social arrangements.
Submissions: Panel proposals are stronglyencouraged, as is the participation of doctoral students andscholars from outside the discipline of law. While parallel sessionsof three twenty-minute presentations will be used, we encourage more original session structures.
Proposals should be in English or in French. Proposals of circa 250 words (or 1000 words for panel proposals) should be submitted to Professor Salvatore Mancuso at JDLSU2016@gmail.com by February 29, 2016 with a short biography 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 2016. Membership and fee payment information is available on the Juris Diversitas Blog (http://jurisdiversitas.blogspot.com/). Note that fees don’t cover travel, accommodation, or the conference dinner (€50).
Categories: Comparative Law News

NOTICE: "Call for Junior Researcher Award. Helmut Coing Prize" (Frankfurt, 2016-2017)


WHAT Call for Junior Researcher Award—Helmut Coing Prize
WHEN 2016-2017
WHERE Max-Planck-Institut für europäische Rechtsgeschichte, Frankfurt am Main 
The Coing prize offers a young legal historian, upon concluding the dissertation or habilitation (second book), the opportunity to pursue research in the area of “European Legal History” here at the Max Planck for European Legal History (MPIeR) for a period of 3-5 months. The institute will provide one of its guest rooms, and the friends’ of the institute association is offering a financial grant to help cover living expenses. Altogether, the material support totals 6,000€. The call for the prize will be announced worldwide every three years, and it will only be awarded if a project meets the requirements. The research project should be incorporated into the academic life of the institute. If the re- search prize recipient does not have sufficient German language skills, then language cours- es will be provided in order to obtain the necessary proficiency in German. Additionally, the results of the research project can be published within one of the institute’s publications series. The awarding of the prize will be determined via a jury consisting of one of the directors of the institute, the chairperson of the supporting association, as well as three other members. The final three jury members just mentioned will be selected by the director and chairperson according to their relevant expertise and nationality. In order to be considered for the prize, you are required to send us a detailed research pro- posal as well as a summary of the work that has already been completed related to the pro- ject (in German, English, French, Spanish or Italian). The research itself can be written in any of the languages just mentioned. A pre-selection amongst the candidates will be made by the jury. For the final selection pro- cess, it is necessary that the respective candidates personally present their own projects. All related travel costs will be reimbursed. Grant holders from the MPIeR will not be considered for this research prize if they have re- ceived funding from the institute for more than 6 months. The required documents must be submitted no later than 31st May 2016 to: Prof. Dr. Caspar Ehlers, Max Planck Institute for European Legal History, Hansaallee 41, D-60323 Frankfurt am Main. The jury’s decision will be announced on 1st August 2016. The award recipient should begin their research stay in the fourth quarter of 2016 or later. The jury’s decision is final, and legal recourse is prohibited. 
Categories: Comparative Law News

NOTICE: "Max Planck Institut Summer Academy" (July 18-29, 2016)


WHAT the Max Planck Institut Summer Academy for Legal History
WHEN July 18-29, 2016
WHERE Max-Planck Institut für europäische Rechtsgeschichte, Frankfurt am Main, Germany
all information herespecial theme:

MultinormativityDeadline

Applications are to be sent by 31 March 2016

The course

The Max Planck Summer Academy for Legal History provides a selected group of highly motivated early-stage graduates, usually PhD candidates, an in-depth introduction to methods and principles of research in legal history. The academy consists of two parts. The first part provides an introduction to the study of sources, methodological principles, as well as theoretical models and controversial research debates on basic research fields of legal history. In the second part the participants discuss a special research theme and develop their own approach to the theme.
The course will take place at the Max Planck Institute for European Legal History in Frankfurt am Main, Germany.

Special theme 2016: Multinormativity

The fundamental question when addressing the topic of “law” concerns the relationship between what we call “law” and other rules, which serve behavioural control and the stabilization of expectations, but are not treated as “law”, such as moral and religious codes, but also technology and pragmatics.


Research on „multinormativity“ looks at the coexistence of juridical and non-juridical variants of normativity including the related dimension of norm implementation, conflicts and synergies in the ensemble of normative layers and the relevance of multi-normative constellations for the structuring of law over the course of history and contributes to an outstanding challenge to the diverse and complex societies of today.Eligibility Requirements
  • Early-stage graduates, usually PhD candidates
  • Working knowledge of English is required, German is not a prerequisite
ApplicationRequired documents for the application are a CV, a project summary (approx. 10 pages) and a letter of motivation.FeesThere is no participation fee. Accommodation will be provided by the organizers.Participants, however, will be responsible for covering their travel expenses. There will be a limited number of scholarships available.ContactMax Planck Institute for European Legal History Dr. Stefanie Rüther summeracademy@rg.mpg.de
Categories: Comparative Law News

E-JOURNAL: Clio@Thémis 9 [Jurists and Legal Science in Society. Elements of an Intellectual History of Legal Reason, 19th-20th Centuries]


 (image source: clio@thémis)

Clio@Thémis (CNRS) published its ninth edition, on the theme "Juristes et sciences du droit en société. Éléments pour une histoire intellectuelle de la raison juridique (XIXe-XXe)"

Table of contents:
Frédéric Audren, "Introduction : l’histoire intellectuelle du droit ou la fin du « Grand partage »"
Jérôme Ferrand, "La science du droit à l’épreuve du spiritualisme éclectique dans le premier XIXe siècle. Enquête sur les soubassements de la culture juridique contemporaine"
Xavier Martin, "Le code napoléon : questions sur la genèse d’un mythe"
Nader Hakim, "Droit naturel et histoire chez François Gény"
Jean-Louis Halpérin, "Les historiens du droit en Italie et le fascisme"
Silvia Falconieri, "Un discours juridique pour le fascisme. Politiques impériale et raciale au prisme des revues de droit"
Louis Asser-Andrieu, "De l’idéologie à la culture : les géographies coutumières"
Mathieu Soula, "Au-delà de l’histoire du droit. Retour sur la trajectoire d’un entrepreneur scientifique, Henri Lévy-Bruhl (1884-1964)"
Jean-Pierre Allinne, "L’anthropologie juridique au milieu du gué : Crise idéologique ou crise épistémologique ?"
David M. Rabban, "American Legal Thought in Transatlantic Context, 1870-1914"
Prune Decoux, "Pourquoi l’histoire du droit anglais n’est pas écrite, de Frederic William Maitland"
Categories: Comparative Law News

FIRST ISSUE: Jus gentium. Journal of International Legal History I (2016), No. 1 (ISSN 2381-0254)


(image source: Lawbook Exchange)
The first issue of the new journal Jus Gentium. Journal of International Legal History has been released.

Table of contents:

By Way of Introduction...                                       W. E. Butler   

ARTICLES
P. E. Kazanskii: “On his Character,                      L. P. Anufrieva         
Biography, Life, and Works, or What Has
Been Left to His Descendants …”

Origins of the Idea of Social                                O. V. Kresin  
International Law (XVI-XIX Centuries)

NOTES AND COMMENTS
The History of International Law in                     O. O. Merezhko         
the Mirror of Ancient Greek Literature

International Treaties, Heraldic Seals,              W. E. Butler   
and Bookplates: John Adams and
John Quincy Adams

INTERNATIONAL LEGAL DOCTRINE
Biographical Note: Joseph-Mathias                  Jean Allain    
Gérard de Rayneval

Institutions du Droit de la Nature,                     Joseph-Mathias
et Des Gens (1803) [Book Two]                       Gérard  de Rayneval                    

PERSONALIA
The Legal Scholarship of P. E. Kazanskii:         W. E. Butler   
A Bio-Bibliographical Essay                               N. V. Hendel
                                                                         T. R. Korotkyi                                                     

REVIEWS
M. A. Gazi (ed.), The Shorter Book of             Jean Allain    
Muslim International Law

A. I. Dmitriev and W. E. Butler (eds.),             O. O. Merezhko                     
История международного права

DOCUMENTS AND OTHER EVIDENCE OF STATE PRACTICE
The Bentham Letters of Anti-Machiavel         W. E. Butler   

BIBLIOGRAPHY
Jus Gentium and Globally-Conceived            P. Macalister-Smith  
General Treaty Collections                            J. Schwietzke

IN MEMORIAM
Alfred P. Rubin (1931–2014) 

 FROM THE LITERATURE Board of editors:
EDITOR
William E. Butler
John Edward Fowler Distinguished Professor of Law and International Affairs, Pennsylvania State University

EDITORIAL BOARD
Jean Allain, Queen’s University, Belfast
Arnulf Becker Lorca, Brown University
Olga V. Butkevych, Kyiv Shevchenko National University
Volodymyr Butkevych, Sometime Judge, European Court of Human Rights
Chen Yifeng, Peking University Law School
Vincent Chetail, Graduate Institute of International and Development Studies, Geneva
Mark Janis, University of Connecticut School of Law; Visiting Fellow, University of Oxford
Peter Macalister-Smith, Ph.D., Max Planck Institute for Comparative Public
Law and International Law, Heidelberg, Germany
Oleksandr Merezhko, Andrzej Frycz Modrzewski Krakow University
Stephen Neff, University of Edinburgh
Alexander Orakhelashvili, University of Birmingham, England
Michael Palmer, University of London SOAS & IALS
Grigorii S. Starodubtsev, Russian Academy of National Economy and Public Administration
Alexander Vylegzhanin, Moscow State Institute of International RelationsCall for manuscripts (by 1 May 2016; guidelines here):
This is the first dedicated journal in the United States to address the history of international law. Much of modern scholarship on the history of international law is preoccupied not with international law, but with international legal doctrine; the doctrinal writings of remarkably few individuals dominate the discourse while the rest remain unseen or overlooked. This journal will encourage further exploration in the archives for new materials and confirmation of the accuracy of past uses, but welcomes the continued reassessment of international legal history in all of its dimensions.More information (e.g. subscription rates) with the Lawbook Exchange.
Categories: Comparative Law News

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