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PROPOSALS WANTED: Juris Diveritas Book Series (Ashgate)

Juris Diversitas - Sat, 2014-06-14 12:35
Juris Diversitas is proud to have a book series with Ashgate (we're also a Publishing Partner):
Rooted in comparative law, the Juris Diversitas Series focuses on the interdisciplinary study of legal and normative mixtures and movements. Our interest is in comparison broadly conceived, extending beyond law narrowly understood to related fields. Titles might be geographical or temporal comparisons. They could focus on theory and methodology, substantive law, or legal cultures. They could investigate official or unofficial ‘legalities’, past and present and around the world. And, to effectively cross spatial, temporal, and normative boundaries, inter- and multi-disciplinary research is particularly welcome. 
Our first volume will be Seán Patrick Donlan and Lukas Heckerdon-Ursheler (eds), Concepts of Law: Comparative, Jurisprudential, and Social Science Perspectives 
While we've a number of other titles lined up, we're looking for additional proposals, especially for monographs and student texts.
Note that selected volumes are also provided free with membership.

For additional information, contact Seán Patrick Donlan at sean.donlan@ul.ie.
Categories: Comparative Law News

JOURNAL: (2014) 2:1 Comparative Legal History (the Official Journal of the European Society for Comparative Legal History)

I'm very pleased to announce that the latest volume of Comparative Legal History, a partnership between the European Society for Comparative Legal History (ESCLH) and Hart Publishing, has been published.
- Seán Patrick Donlan (sean.donlan@ul.ie), Editor

Access the issue online and purchase individual papers here.
Subscription information is available here. As the official ESCLH publication, its members receive a free subscription.
The articles in this issue include:
Geoffrey MacCormack - ‘Agreement’, ‘Contract’ and ‘Debt’ in Early Chinese Law
This paper examines the evidence for the development of a law of contract during the period of the Warring States (481-771 BCE) and the Qin/Han dynasties (221 BCE – 220 CE). From a study of the technical terms found in the context of agreements, in particular zhai (debt), yue (agreement), and quan(document in two parts), the conclusion is drawn that early Chinese law never developed beyond the stage of recognition of a number of distinct types of agreement to which legal consequences were attached. No ‘law of contract’, comparable to that developed in Rome at roughly the same epoch, emerged from these particularities. The main reason for the difference between Rome and China, it is suggested, lay in the lack of emergence in China of a class of private lawyer resembling the Roman jurists.
Marcel Senn -  ‘Law and Authority’: A Political and Legal Paradigm by Thomas Hobbes and its Different Receptions in the USA, Canada, Britain and Germany since 1989
Thomas Hobbes’ Leviathan is one of the few grand oeuvres representing the code of pre-modern political power. This code often legitimates our present understanding of law and state. Therefore it is necessary to discover the ‘socialisation’ of the interpreters – that is the impact of social, cognitive interests within scientific interpretations of law – so as to improve our understanding in a more differentiated way. The author demonstrates this in relation to three different discourses on Leviathan conducted in North America, Britain and Germany during the last twenty-five years. He thereby shows how the ‘socialisation’ of the interpreters is manifest in these particular discourses, and what this means to a reader’s critical comprehension when he or she tries to understand an opus such as Leviathan by merely reading secondary literature.
Johannes W Flume - Law and Commerce: The Evolution of Codified Business Law in Europe
This paper tracks the evolution of the codification of commercial law and company law, also known as business law. Although the literature on codification in general is vast, little attention has been dedicated to the importance of business law in this context despite the first major moves towards codification being achieved in this field. A comparative and historical survey of the codification of business law in France, England and Germany illustrates how the European legal landscape has been affected by the process of casting the law in statutory form. Indeed, regardless of the commonly-held misconception that there is ‘a’ commercial code, the legislative responses to the needs of commerce have varied widely from country to country, for while company law was always in focus, the rest of the corpus differs substantially. The code de commerce of 1807 was primarily of a procedural nature, while the German commercial code of 1863 created its own ‘private law cosmos’ and the late English codes adopted yet another, very selective, strategy. The aim of this comparative study is to understand the foundations of the legal institutions of the nineteenth century which still form the basis of our current statutes. This in turn allows some predictions for likely future developments to be made.
Tatiana Borisova and Jukka Siro - Law between Revolution and Tradition: Russian and Finnish Revolutionary Legal Acts, 1917–18
This article compares the legislative practices of two socialist revolutions in Russia (the Bolshevik revolution) and Finland in late 1917 and in 1918. Notwithstanding the considerable differences in the social, political and economic conditions in Finland and Russia, the revolutionaries in both countries had similar legislative strategies. The revolutionary legislative policies had the same ends: to secure the success of the revolutions, and, eventually, to build a new and better society. This article seeks to demonstrate the history of revolutionary law-making as a juncture of two main tendencies: the emergence of new ‘revolutionary’ features of legislative politics and the preservation of pre-revolutionary law.
We argue that the pre-revolutionary practices of law-making on which the revolutionaries relied shaped their strategies and, to some extent, the criteria by which they judged the ultimate success of their revolutions. We argue that the performative effect of revolutionary slogans should be perceived, at least in part, as a continuity of pre-revolutionary legal and administrative practices. Our comparative analysis of revolutionary law-making provides a more complex understanding of the role of revolutions in modern state empowerment.
The Reviews, including a Review Article, include:
  • Paolo Napoli - A review article of Giorgio Agamben, Altissima povertà. Regole monastiche e forma di vita
  • Arno Dal Ri Jr - A review of Ignazio Castellucci, Sistema juridico latinoamericano: una verifica
  • Peter CH Chan - A review of Lei Chen and CH (Remco) van Rhee (eds), Towards a Chinese Civil Code: Comparative and Historical Perspectives
  • Jasmin Hauck - A review of Irene Fosi, Papal Justice: Subjects and Courts in the Papal State, 1500–1750  
  • Dave De ruysscher - A review of Stefania Gialdroni, East India Company: una storia giuridica (1600–1708)
  • Merike Ristikivi - A review of Heikki ES Mattila, Comparative Legal Linguistics: Language of Law, Latin and Modern Lingua Francas
  • Elisabetta Fiocchi Malaspina - A review of Luigi Nuzzo, Origini di una scienza. Diritto internazionale e colonialismo nel XIX secolo   
  • Viviana Kluger - A review of José María Pérez Collados and Samuel Rodrigues Barbosa (eds), Juristas de la Independencia  
  • Abelardo Levaggi - A review of Rebecca J Scott and Jean M Hébrard, Freedom Papers: An Atlantic Odyssey in the Age of Emancipation 

Categories: Comparative Law News

RIP: RODERICK A. MACDONALD (1948-2014)

Juris Diversitas - Sat, 2014-06-14 06:30
RIP: RODERICK A. MACDONALD
We were fortunate to have Rod on our Advisory Council from 2010-2012. I was pleased to know his ideas. I wish I'd know the man better. He was loved by many.

On his life and work, see the thoughts of Daniel Jutras, Dean of the McGill Law School, the McGill Guestbook, and A Just Life, an episode of CBC's Ideas with Pail Kennedy.
Categories: Comparative Law News

BOOK: Solinas on Legal Evolution and Hybridisation

Juris Diversitas - Tue, 2014-06-10 07:10

I'm pleased to note the publication of Matteo Solinas, Legal evolution and hybridisation: The law of shares transfer in England (2014).
While I confess that I still have to read the book, it appears to closely parallel my work, and that of others in Juris Diversitas, over the last few years on hybridity, diffusion, colonialism, etc:
This is a book on comparative law and legal change. With a focus on corporate law and the law of personal property, it reviews the current state of the comparative debate on the evolution of law and seeks to establish new perspectives to explain the mechanism of legal reception. It finds the comparative discussions centred on the appropriateness of describing the movement of law from one country to another in terms of ‘legal transplants’ perplexing and lacking in a convincing inquiry into the reception process. In an attempt to fill that gap, this study contends that certain recent contributions on culture contact and culture change provide an interesting explanation for the circulation of juridical models across national boundaries. More precisely, this study argues that the notion of hybridity, as originated in postcolonial theory, offers a formidable conceptual means to examine the intricacies of legal evolution, to refine and to give content to the observation of the reception of law.

But as its table of contents indicates, Legal evolution and hybridisation:

does not rest exclusively on theoretical grounds. The complexities of the themes involved are explored and tested by focusing on a case study. This is the legal mechanism by which shares in companies are transferred in England under the direct and indirect holding systems.

Note, too, that Intersentia now offers readers of the Juris Diversitas Blog a 20% discount on its books. More information is available here.
Categories: Comparative Law News

DISCOUNT: Intersentia

Juris Diversitas - Tue, 2014-06-10 06:43
We're happy to announce that Intersentia is now offering readers of the Juris Diversitas Blog a 20% discount on its books.
To receive this discount, please order via mail (mail@intersentia.be) and quote the discount code 'JDB- ITS' .

This offer will be added to our other discounts.
Categories: Comparative Law News