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EJOURNAL ANNOUNEMENT: Potchefstroom Electronic Law Journal

Juris Diversitas - Wed, 01/28/2015 - 10:37
The 2014 vol 17 no 4 issue of the Potchefstroom Electronic Law Journal (PER) is now freely available by clicking here.You can access and download the following manuscripts in pdf format from the website:1.     Unlawful Occupation of Inner-City Buildings: A Constitutional Analysis of the Rights and Obligations involved
J Strydom and S Viljoen
http://www.nwu.ac.za/sites/www.nwu.ac.za/files/files/p-per/issuepages/2014volume17no4/2014%2817%294Strydom%26Viljoen.article.pdf2.     Managing the Trade-Public Health Linkage in Defence of Trade Liberalisation and National Sovereignty: An Appraisal of United States-Measures affecting the Production and Sale of Clove Cigarettes
TV Warikandwa and PC Osode
http://www.nwu.ac.za/sites/www.nwu.ac.za/files/files/p-per/issuepages/2014volume17no4/2014%2817%294WarikandwaOsode.article.pdf3.     Shaken Baby Syndrome: A South African Medico-Legal Perspective
A le Roux-Kemp and E Burger
http://www.nwu.ac.za/sites/www.nwu.ac.za/files/files/p-per/issuepages/2014volume17no4/2014%2817%294LeRouxKemp%26Burger.article.pdf4.     Legislative Prohibitions on wearing a Headscarf: Are they justified?
F Osman
http://www.nwu.ac.za/sites/www.nwu.ac.za/files/files/p-per/issuepages/2014volume17no4/2014%2817%294Osman.article.pdf5.     The Potential of Capstone Learning Experiences in addressing perceived Shortcomings in LLB Training in South Africa
G Quinot and SP van Tonder
http://www.nwu.ac.za/sites/www.nwu.ac.za/files/files/p-per/issuepages/2014volume17no4/2014%2817%294Quinot%26vanTonder.article.pdf6.     Is Law Science?
MC Roos
http://www.nwu.ac.za/sites/www.nwu.ac.za/files/files/p-per/issuepages/2014volume17no4/2014%2817%294Roos.article.pdf7.     Regulating Traditional Justice in South Africa: A Comparative Analysis of Selected Aspects of the Traditional Courts Bill
CB Soyapi
http://www.nwu.ac.za/sites/www.nwu.ac.za/files/files/p-per/issuepages/2014volume17no4/2014%2817%294Soyapi.article.pdf8.     The Incorporation of Public International Law into Municipal Law and Regional Law against the Background of the Dichotomy between Monism and Dualism
G Ferreira and A Ferreira-Snyman
http://www.nwu.ac.za/sites/www.nwu.ac.za/files/files/p-per/issuepages/2014volume17no4/2014%2817%294Ferreira%26Ferreira-Snyman.article.pdf9.     Reformation from Criminal to Lawyer: Is such Redemption Possible?
M Slabbert and DJ Boome
http://www.nwu.ac.za/sites/www.nwu.ac.za/files/files/p-per/issuepages/2014volume17no4/2014%2817%294Slabbert%26Boome.article.pdf10.   "Contributory Intent" as a Defence Limiting Delictual Liability
R Ahmed
http://www.nwu.ac.za/sites/www.nwu.ac.za/files/files/p-per/issuepages/2014volume17no4/2014%2817%294Ahmed.article.pdf11.   A Panoramic View of the Social Security and Social Protection Provisioning in Lesotho
KE Mosito
http://www.nwu.ac.za/sites/www.nwu.ac.za/files/files/p-per/issuepages/2014volume17no4/2014%2817%294Mosito.article.pdf12.   Public Servants' Right to Strike in Lesotho, Botswana and South Africa – A Comparative Study
T Cohen and L Matee
http://www.nwu.ac.za/sites/www.nwu.ac.za/files/files/p-per/issuepages/2014volume17no4/2014%2817%294Cohen%26Matee.article.pdf13.   Localising Environmental Governance: The Le Sueur Case
T Humby
http://www.nwu.ac.za/sites/www.nwu.ac.za/files/files/p-per/issuepages/2014volume17no4/2014%2817%294Humby.NOTE.pdf14.   Peel v Hamon J & C Engineering (Pty) Ltd: Ignoring the Result-Requirement of Section 163(1)(A) of the Companies Act and Extending the Oppression Remedy Beyond its Statutorily Intended Reach
HGJ Beukes and WJC Swart
15.   Sailing between Scylla and Charybdis: Mayelane v Ngwenyama
H Kruuse and J Sloth-Nielsen
Categories: Comparative Law News

CALL FOR APPLICATIONS: Post-doc position on "Reinventing the Foundations of European Legal Culture 1934-1964"

Juris Diversitas - Wed, 01/28/2015 - 10:29
The research project “Reinventing the Foundations of European Legal Culture 1934-1964” in the University of Helsinki (FoundLaw.org) is looking for a scholar to engage in a study of narratives arising from different strands of European thought on law, tradition and history. 
The closing date for applications is the 2nd of March 2015. The starting date is flexible. 

Link to ad: http://www.helsinki.fi/recruitment/index.html?id=99023
Categories: Comparative Law News

JOURNAL ANNOUNCEMENT: European Journal of Legal Studies

Juris Diversitas - Mon, 01/26/2015 - 11:23
A new issue (vol. 7, issue 2) of the European Journal of Legal Studies has just been published.
Click here to download this issue.

Categories: Comparative Law News

BOOK ANNOUNCEMENT: Modern Perspectives On Islamic Law

Juris Diversitas - Mon, 01/26/2015 - 11:12
Ann Black, Associate Professor, TC Beirne School of Law, The University of Queensland, Hossein Esmaeili, Associate Professor of Law, Flinders Law School, Flinders University and Nadirsyah Hosen, Senior Lecturer, University of Wollongong, Australia
This well-informed book explains, reflects on and analyses Islamic law, not only in the classical legal tradition of Sharia, but also its modern, contemporary context.

The book explores the role of Islamic law in secular Western nations and reflects on the legal system of Islam in its classical context as applied in its traditional homeland of the Middle East and also in South East Asia. Written by three leading scholars from three different backgrounds: a Muslim in the Sunni tradition, a Muslim in the Shia tradition, and a non-Muslim woman – the book is not only unique, but also enriched by differing insights into Islamic law.

Sir William Blair provides the foreword to a book which acknowledges that Islam continues to play a vital role not just in the Middle East but across the wider world, the discussion on which the authors embark is a crucial one.

The book starts with an analysis of the nature of Islamic law, its concepts, meaning and sources, as well as its development in different stages of Islamic history. This is followed by accounts of how Islamic law is being practised today. Key modern institutions are discussed, such as the parliament, judiciary, dar al-ifta, political parties, and other important organizations. It continues by analysing some key concepts in our modern times: nation-state, citizenship, ummah, dhimmah (recognition of the status of certain non-Muslims in Islamic states), and the rule of law. The book investigates how in recent times, more and more fatwas are issued collectively rather than emanating from an individual scholar. The authors then evaluate how Islamic law deals with family matters, economics, crime, property and alternative dispute resolution. Lastly, the book revisits certain contemporary issues of debate in Islamic law such as the burqa, halal food, riba (interest) and apostasy.

Modern Perspectives on Islamic Law will become a standard scholarly text on Islamic law. Its wide-ranging coverage will appeal to researchers and students of Islamic law, or Islamic studies in general. Legal practitioners will also be interested in the comparative aspects of Islamic law presented in this book.
2013 320 pp Hardback 978 0 85793 446 8 Regular Price £88.00  Web Price £79.20 ebook 978 0 85793 447 5
2014 Paperback 978 1 78254 552 1  Regular Price £30.00  Web Price £24.00

Click here to visit the ElgarOnline page regarding this book.
Categories: Comparative Law News

JOURNAL: "Law, Crime and History" (vol. 4 issue 3, 2014)

All information here
SOLON ON LINE JOURNALLaw, Crime and History Volume 4 Issue 3 (2014)
EditorialArticlesColin R. Moore and Gerry R. Rubin,  Civilian Detective Doctrine in the 1930s and its Transmission to the Military Police in 1940-42, 1-30David E. Ruth,‘Our Free Society is Worthy of Better’: Caryl Chessman, Capital Punishment, and Cold War Culture, 31-55
Robert S. Shiels, The Structure of Authority and the Prosecution of Crime in the Sheriff Courts of Mid-Victorian Scotland, 56-73 
Debate ForumIan Marsh,Conceptualising Media Representations of Crime and Justice within Historical and Contemporary Criminology, 74-83

Book Reviews
David Beckingham,Alcohol and Moral Regulation: Public Attitudes, Spirited Measures and Victorian Hangovers, 84-86John Walliss,Crime in England, 1688-1815 and Crime in England, 1880-1945: The rough and the criminal, the police and the incarcerated, 87-89John Walliss, Capital Punishment in Twentieth-Century Britain: Audience, Justice, Memory, 90-92Judith Rowbotham,City of Gangs. Glasgow and the Rise of the British Gangster, 93-96
Conference Reports Cerian Charlotte Griffiths, British Crime Historians Symposium 2014, 97-100
Categories: Comparative Law News

BOOK: Arlette JOUANNA, The Absolute Prince: Decline and Apogee of Monarchical Imagination (Gallimard, 2014), 336 p., € 22,5, ISBN 978-2070147137

(image: Gallimard
Prof. em. Arlette Jouanna (Paul Valéry-University, Montpellier III) published a second book in her series on the representation of power in Early Modern France (cf. earlier on this blog). This second volume treats the 17th century.

Book abstract:
Le Prince absolu fait suite au Pouvoir absolu (2013). Déplaçant le regard vers la France de Richelieu et de Louis XIV, Arlette Jouanna interroge les caractères distinctifs de l'idéologie absolue comme système de légitimité. Elle explore dans la longue durée les constructions intellectuelles, théologiques, philosophiques de la pensée du pouvoir, ses avatars, ses infléchissements, ses excès et ses tribulations. Au XVIIe siècle, après la terrible déchirure des guerres de Religion, la croyance en la sacralité du prince fait de lui l'unique source du droit, ce qui tend à assimiler le légitime au légal. D'extraordinaire et dangereux, le pouvoir absolu est devenu ordinaire et bénéfique ; l'art de gouverner y gagne une autonomie temporelle inédite, faisant surgir la notion neuve de l'impersonnalité de l'Etat. Les résistances à ce modèle politique, qui marie le droit divin et la raison d'Etat, ne réussiront pas à s'imposer pendant la Fronde. Louis XIV incarne magnifiquement la majesté de l'Etat absolu ; mais sa puissance même d'incarnation finit par rendre opaque le lien entre pouvoir et justice, donnant prise à l'accusation d'arbitraire. Son règne marque à la fois l'apogée et le début du déclin de l'imaginaire sacral de la monarchie. Prof. Jouanna also presented her book in the popular radio broadcast 'La Fabrique de l'Histoire' (France Culture). See podcast here.

More information on the publisher's website.
Categories: Comparative Law News

BOOK: Véronique CHAMPEIL-DESPLATS, Methodologies of Law and Legal Science(s) (Dalloz, 2014), 454 p., € 40 (ISBN 9782247085712)

 (image source: dalloz)
Nomôdos announced the publication of  Prof. Véronique Champeil-Desplat (Paris X)'s Méthodologies du droit des des sciences du droit (Dalloz).

Abstract and contents:
Le droit est animé par un ensemble de raisonnements, de catégorisations, d'argumentations, de justifications, bref de méthodes propres qui le différencient d'autres activités de la pensée humaine.Or ces méthodes du droit se déploient à deux niveaux de langage distincts: il existe d'une part les méthodes des acteurs du droit produisant des normes juridiques (constituant, législateur...) et d'autre part les méthodes de ceux qui analysent la production des normes juridiques avec des visées pratiques ou théoriques (théoriciens du droit, sociologues...).L'ambition de cet ouvrage est de distinguer et de mettre en évidence la pluralité des méthodes utilisées dans les textes juridiques et dans les analyses effectuées par les différentes sciences du droit. Une telle étude est quasi-inexistante dans la littérature juridique française. Elle est pourtant essentielle pour la formation des étudiants tant de Licence que de ceux qui s'engagent dans la rédaction de mémoires et de thèse. Elle doit permettre de donner des grilles de compréhension et d'analyse des arrêts et des textes juridiques, mais aussi des commentaires et des controverses doctrinales.Sommaire1. Le modèle des sciences exactes. La structuration formaliste des programmes méthodologiques des sciences du droit.
2. L'horizon des sciences sociales. Distanciations et réformation du formalisme.
3. Perspective analytique. De l' usage de quelques méthodes dans les discours juridiques.
More information (including a free excerpt) on the publisher's website.
Categories: Comparative Law News

LECTURE: 'The Return of the History of Ideas ?' (Prof. Darrin McMahon, Amsterdam, 2 February 2015)

 (image source: wikimedia commons)

The Dutch-Belgian Society for Eighteenth Century Studies announces a lecture on the 'Return of the History of Ideas' by Prof. Darrin McMahon (Darthmouth College).

Long dismissed as a hopelessly outdated form of inquiry, the “history of ideas” is today making a comeback as a viable form of intellectual history.  What are the promises and the pitfalls of a renewed history of ideas?  In this discussion, Professor McMahon will take up the question both from the standpoint of past criticism and current methodological concerns.  Venue:
Doelenzaal, UB Amsterdam, Singel 425, Amsterdam  More information on the Society's blog.
Categories: Comparative Law News

CALL FOR PAPERS: Merchants, Jurists and Other 'Intermediate Groups' in Modern Southern Europe (CIDEHUS - Centro Interdisciplinar de História, Culturas e Sociedades) (DEADLINE 15 FEBRUARY 2015)

(image source: EEHAR)

Calenda.org announced an interesting call for papers for a conference to be held in Rome (Escuela Española de Historia y Arqueología en Roma, in september 2015:

Merchants, farmers, jurists, clerks in large institutions, secretaries, independent landowners, local elites and highly sought master craftsmen, among many others, are individuals with an ambiguous social status. Looking at who was not born exactly noble, nor exactly commoner, but stood on the border between one world and the other, is one of the goals of this initiative.
The so-called ‘intermediate groups’ often appear in researches on mobility processes. And, although that may be an interesting means to approach and study the problem, it is surely not the only one. We can walk other paths, and try to find out, for instance, how did those groups got to that level. What kind of factors (if any) differentiated them? Does it make any sense to speak of ‘intermediate groups’ in colonial Ibero-America? Is it eventually possible to draw their profile? How did they socially interact? In the Iberian Peninsula, many of their presumed members enjoyed prestigious places in religious organizations or were familiares of the Inquisition. What other types of social distinctions did they get? Similar strata seem to have existed throughout southern Europe. What features did they present?
As part of a project developed in Portugal focusing on the Holy Office’s familiaturas, it will be held on September 16 and 17, 2015, a workshop at Escuela Española de Historia and Archaeological in Rome. Our aim is to select a total of 8 applicants, that will be joined by 4 guest speakers, for a joint reflection on the dynamics and profiles of ‘intermediate groups’, as well as on the methodologies for their study in Early Modern Times.
Submission guidelinesIf you are interested in this theme and some or all of the above related issues, please send a title, an A4 page summary and a brief CV to cidehus@uevora.pt , before 15 FEBRUARY 2015 The full text of the trilingual call can be found here.
Categories: Comparative Law News

BOOK: Richard S. KAY, The Glorious Revolution and the Continuity of Law (Catholic Univ. of America Press, 2014, 312 p., $59,95, ISBN 978-0-8132-2687-3)

(image source: amazon
The Legal History Blog announced a new book by Richard S. Kay (Wallice Stevens Professor of Law at the University of Connecticut School of Law), on The Glorious Revolution and the Continuity of Law.

The Glorious Revolution and the Continuity of Law explores the relationship between law and revolution. Revolt - armed or not - is often viewed as the overthrow of legitimate rulers. Historical experience, however, shows that revolutions are frequently accompanied by the invocation rather than the repudiation of law. No example is clearer than that of the Glorious Revolution of 1688-89. At that time the unpopular but lawful Catholic king, James II, lost his throne and was replaced by his Protestant son-in-law and daughter, William of Orange and Mary, with James's attempt to recapture the throne thwarted at the Battle of the Boyne in Ireland. The revolutionaries had to negotiate two contradictory but intensely held convictions. The first was that the essential role of law in defining and regulating the activity of the state must be maintained. The second was that constitutional arrangements to limit the unilateral authority of the monarch and preserve an indispensable role for the houses of parliament in public decision-making had to be established. In the circumstances of 1688-89, the revolutionaries could not be faithful to the second without betraying the first. Their attempts to reconcile these conflicting objectives involved the frequent employment of legal rhetoric to justify their actions. In so doing, they necessarily used the word "law" in different ways. It could denote the specific rules of positive law; it could simply express devotion to the large political and social values that underlay the legal system; or it could do something in between. In 1688-89 it meant all those things to different participants at different times. This study adds a new dimension to the literature of the Glorious Revolution by describing, analyzing and elaborating this central paradox: the revolutionaries tried to break the rules of the constitution and, at the same time, be true to them.
More information on the publisher's website.
Categories: Comparative Law News

CONFERENCE ANNOUNCEMENT: In Pursuit of Pluralist Jurisprudence

Juris Diversitas - Wed, 01/21/2015 - 04:25
Thursday & Friday, 5-6 February 2015, Faculty of Law, National University of SingaporeExisting jurisprudential analyses of law beyond the state have focused upon substantive questions surrounding the institutional, normative and systemic character of non-state law, both on its own and in interaction with state law. That scholarship, however, has revealed a significant gap surrounding questions of jurisprudential methodology, purpose and scope. These are the broad themes the conference will aim to address.PROGRAMME: The programme has been arranged to cover the following sessions.Thursday, 5 Feb 2015SESSION I (Chair: Andrew Harding)Do Lawyers Need a Theory of Legal Pluralism? Roger Cotterrell (Queen Mary University of London)
Tribal Executive Power in the Settler States: Legal and Political Theories of Inter-indigenous Pluralism. Kirsty Gover (University of Melbourne)SESSION II (Chair: Terry Nardin)Three Concepts of Legal Pluralism: A Jurisprudential Assessment. Mattias Kumm (The WZB Berlin Social Science Center)
Law and Legitimacy for Global Institutions. Pavlos Eleftheriadis (University of Oxford)SESSION III (Chair: Maksymilian Del Mar)Legal Pluralism and the Rule of Law. Martin Krygier (University of New South Wales)
The Many Uses of Law: Connecting an Instrumental and an Interactional Perspective. Sanne Taekema (Erasmus University Rotterdam)Friday, 6 Feb 2015SESSION IV (Chair: Tony Anghie)Metaphors of the New Legal Theory. Margaret Davies (Flinders University)
Towards a Genealogical Understanding of Transnational Law. Detlef Von Daniels (Humboldt-Universität zu Berlin)SESSION V (Chair: Kevin Walton)Legal Theory and Global Justice: The Gap. Neil Walker (University of Edinburgh)
Collectivist Authority and International Customary Law. Stefan Sciaraffa (McMaster University)SESSION VI (Chair: Nicole Roughan)
Law and Recognition-Towards a Relational Concept of Law. Ralf Michaels (Duke University)
Against a General Jurisprudence of Pluralism. Cormac Mac Amhlaigh (University of Edinburgh)
Categories: Comparative Law News

SSRN ARTICLE ANNOUNCEMENT: Hong Kong's Umbrella Movement and Beijing's Failure to Honor the Basic Law

Juris Diversitas - Tue, 01/20/2015 - 06:35
"Hong Kong's Umbrella Movement and Beijing's Failure to Honor the Basic Law" 
University of Hong Kong Faculty of Law Research Paper No. 2014/043MICHAEL C. DAVIS, The University of Hong Kong - Faculty of Law
Email: mcdavis@hku.hkOver the past few months Hong Kong has been deeply embedded in political change and protests. These debates and confrontations in Hong Kong have had a particular constitutional character grounded in disputes over interpretation of the Hong Kong Basic Law’s constitutional text. Recent actions initiated by Beijing have, in the public eye, called into question solemn commitments made to Hong Kong under the “one country, two systems” model promised in the 1984 Sino-British Joint Declaration. A series of reports and decisions issued this past year have been the source of public discontent. This paper will consider these causes and suggest avenues to a solution going forward.
Categories: Comparative Law News

SSRN ARTICLE ANNOUNCEMENT: China & the UN Declaration on the Rights of Indigenous Peoples: The Tibetan Case

Juris Diversitas - Tue, 01/20/2015 - 06:33
"China & the UN Declaration on the Rights of Indigenous Peoples: The Tibetan Case"  University of Hong Kong Faculty of Law Research Paper No. 2014/044MICHAEL C. DAVIS, The University of Hong Kong - Faculty of Law
Email: mcdavis@hku.hkUsing sovereignty as a shield, the People’s Republic of China (PRC) has generally sought a pass in regard to enforcing international human rights compliance. Though it has signed numerous human rights treaties, its state-centered approach has sought to avoid all efforts at enforcement. This avoidance has nowhere been more absolute than its disavowal of any obligations regarding indigenous peoples’ rights. The PRC actually voted in support of the 2007 United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) (UN General Assembly 2008). It then promptly disavowed any obligation under the declaration, proclaiming there were no indigenous peoples in China. It proclaimed 5,000 years of unity and harmony with its 55 designated national minorities living in peace on their own land. Though a bloody history and recent protests by the most prominent of these minorities – Tibetans, Uyghurs, and Mongols – would tend to belie such assertion, the international community has rarely challenged this claim.
Categories: Comparative Law News

SSRN ARTICLE ANNOUNCEMENT: "Muslim Law: Judicial and Legislative Changes Around the World"

Juris Diversitas - Tue, 01/20/2015 - 06:25

From PHILOSOPHY OF LAW eJOURNAl, we suggest the following article: 
"Muslim Law: Judicial and Legislative Changes Around the World" MOSLAY UDDIN, University of Dhaka
Email: moslayudden@gmail.com
MD AYATULLAH, University of DhakaThe prime objective of this paper is to find a way out to the discomfiting situation that now exists. An attempt has been made to point out the exact sites of contradiction with the orthodox law and to link between the mainstream Islamic law and the present judicial thought. Here, the limitations that we have not crossed yet in the field of reforms in Islamic principles have been incorporated.

This paper is divided into eleven chapters. The first chapter presents the scope and objectives of the research along with a short description of the methodology of the research. The second chapter narrates the fundamental issues of the Islamic law of reforms and a short description of our present legal system. The third chapter deals with the concept of Muslim marriage and certain other mandatory issues that validate the marriage, with a discussion of certain reforms. Fourth chapter deals with the provision of dower and some reforms regarding the implementation of this right. The fifth chapter deals with the maintenance right specially focusing the post divorce maintenance. Chapter six describes the provisions of dissolution of marriage and reforms regarding women’s right to divorce, and restriction on husband’s capricious exercise of divorce. Chapter seven contains the discussion of polygamy and intervening marriage with reforms that has taken place in the contemporary world. Eighth chapter deals with custody and guardianship of Muslim child and judicial review. Under chapter nine inheritance rights and the question of equality has been described. This chapter also contains a discussion on the application of the doctrine of representation. The last chapter enunciates the findings and concludes the study.
Categories: Comparative Law News

CONFERENCE & CFP: "Il mediterraneo e la Grande Guerra" (Taranto, 24 May 2015)

what  Il Mediterraneo e la Grande Guerra, Conference and Call for papers
when 24 May 2015
where  Dipartimento Jonico in Sistemi giuridici ed economici del Mediterraneo: società, ambiente, culture dell’Università degli Studi di Bari Aldo Moro, Taranto (Italy)
deadline 15 March 2015, h 12:00 (osservatorioemgm@gmail.com)
All information here 
L’Osservatorio su “L’Europa e il Mediterraneo fra le due guerre mondiali. L’Olocausto e la guerra fredda” (Osservatorio EMGM) organizza un convegno internazionale che si terrà il 24 maggio 2015 a Taranto (Italy) presso la sede del Dipartimento Jonico in Sistemi giuridici ed economici del Mediterraneo: società, ambiente, culture dell’Università degli Studi di Bari Aldo Moro sul tema “Il Mediterraneo e la Grande Guerra”.L’invito a partecipare è aperto a professori, ricercatori e studiosi di storia del diritto, storia delle istituzioni, storia contemporanea,   provenienti da università italiane e straniere.Il tema del Convegno ruoterà intorno al focus della Grande Guerra e le diverse esperienze giuridiche dei paesi del Mediterraneo.

Saranno favoriti interventi che focalizzino le seguenti tematiche:-          le  politiche di guerra attuate dai governi coinvolti nel conflitto;-          le riforme militari poste in essere dai paesi interessati al conflitto;-          i rapporti internazionali tra i paesi del Mediterraneo;-          giustizia militare e giustizia d’eccezione-          culture, diritti e religioni-          gli interventi dei governi relativi al diritto successorio e di famiglia,-          le riforme attuate in materia di lavoro e previdenza sociale,-          le politiche di diritto commerciale-          le riforme in materia di finanze e tributi. Gli studiosi interessati dovranno inviare entro le ore 12.00 del 15 marzo 2015 un abstract in italiano e in inglese di massimo 200 parole  accompagnato da un breve curriculum in italiano e inglese all’indirizzo: osservatorioemgm@gmail.comInformazioni Generali• Si raccomanda di allegare in file separati il CV e i recapiti dell'autore.• Gli abstract dovranno essere in italiano e in inglese e contenere al massimo 200 parole.• E’ ammessa la presentazione di un solo abstract per autore.• Gli abstract saranno esaminati dall’Osservatorio sulle guerre entro il 30 marzo 2015. Gli autori che avranno presentato un abstract ritenuto idoneo ad essere inserito nel programma del convegno riceveranno una e-mail di notifica entro il 1° aprile.• Non sono previsti  rimborsi per il viaggio e il soggiorno degli gli studiosi che parteciperanno al convegno.• Le relazioni dovranno essere tenute in italiano o in spagnolo. Per coloro che vorranno tenere la relazione in spagnolo, dovranno inviare il testo della relazione almeno 15 giorni prima della data del convegno, onde consentire la traduzione simultanea.Termini e CondizioniPresentando un abstract tutti gli autori accettano i seguenti termini e condizioni:• Conferma implicita che ogni autore ha prestato consenso ad essere indicato nel programma del convegno• Conferma dell'accuratezza delle informazioni di quanto contenuto nell’abstract.• Implicito consenso dato all’Osservatorio alla pubblicazione sul sito web http://www.uniba.it/siti/ius-regni  del CV degli autori, del Paper e dell’indirizzo di posta elettronica.• I termini per la raccolta dei contributi per la pubblicazione degli atti del convegno saranno successivi a quelli della realizzazione del Convegno stesso e saranno indicati ai partecipanti in data 24 maggio 2015.• Gli studiosi impossibilitati a partecipare al convegno, con abstract accettati e regolarmente iscritti al Convegno, potranno inviare i loro contributi per la pubblicazione degli atti.  
Categories: Comparative Law News

CALL FOR PAPERS Extended: Juris Diversitas Annual Conference

Juris Diversitas - Mon, 01/19/2015 - 07:47
DEADLINE EXTENDED: 28 February 2015
JURIS DIVERSITASANNUAL CONFERENCE  2-4 June 2015School of Law, University of LimerickLimerick, IrelandTHE STATE AND/OF COMPARATIVE LAW
[Note that the Irish Society of Comparative Law annual conferences will be held in Limerick immediately afterwards. Its theme is ‘Comparative Law: From Antiquity to Modernity’ and the same proposal may be submitted for both conferences. See here.]

While any proposal on comparative law (broadly conceived) will be considered, the conference’s primary theme is the relationship between social and legal norms and social and legal institutions. In memory of Roderick A Macdonald (1948-2014) and H Patrick Glenn (1940-2014), both former members of our Advisory Council, particular attention will be given to the diverse themes of their scholarship: for example, ‘common laws’, ‘constitutive polyjurality’, ‘critical legal pluralism’, ‘everyday law’, and ‘legal cosmopolitanism’.
As with our past conferences, proposals on a wide variety of topics will be accepted: comparative jurisprudence and legislation, legal philosophy, legal education, law reform, etc. Presentations may be theoretical analyses or case studies on the past or present, North or South, East or West ….
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 of three twenty-minute presentations will be used, we welcome more original session structures.
Proposals should be in English or French. Proposals of c250 words (or 1000 words for panel proposals) should be submitted to Olivier Moréteau at moreteau@lsu.edu by 28 February 2015, with a short biography or resume (c250 words). Please send Word documents only, with minimal formatting.
Registration fees are €200 (€125 for Juris Diversitas members paid up for 2015). Membership and fee payment information is available on the Juris Diversitas Blog (http://jurisdiversitas.blogspot.ie/). Note that fees don’t cover travel, accommodation, or the conference dinner (€50).
Categories: Comparative Law News


Juris Diversitas - Fri, 01/16/2015 - 05:13
We suggest the following articles from Islamic Law & Law of the Muslim World eJournal:

"Constitution-Making in Egypt: The Role of Constitutional Court Judges" 
in Revolution as a Process: The Case of the Egyptian Uprising edited by Adham Hamed (Wiener Verlag für Sozialforschung (6 Dec 2014)ANEESA WALJI, Consultant
Email: aneesa.walji@gmail.com
Since February 2011, when street protests forced former Egyptian president Hosni Mubarak to resign, Egypt has experienced two constitution drafting processes. This chapter examines the role of judges in the second constitution-making process.

More specifically, it examines and interrogates the role of individual Supreme Constitutional Court (SCC) judges. It begins with an introduction to constitution-making and constitutional courts, and then points to an important literature gap at the intersection of these two subjects. Following this, it examines the situation in Egypt. There is a brief description of the Egyptian SCC and the role of SCC judges in the constitution-making process leading up to the 2014 Constitution. Finally, it offers some analysis and observations, employing democratic concepts and principles about the role of judges in a democracy, all with a commitment to liberal constitutionalism.

Ultimately, the author raises a number of abstract and Egypt-specific contextualized factors to assess the role of judges in constitution-making, in order to begin a discussion about the kinds of considerations that might be made generally in constitution-making. The key conclusion is that while there may be value to having judges formally involved in constitution building, much is at risk for judicial independence in the process.
"Boko Haram, Islamic Law of Rebellion and the ICC" 
International Human Rights Law Review 3 (2014) 29-60NOELLE HIGGINS, Maynooth University
Email: nfhiggins@gmail.com
DR. MOHAMED ELEWA BADAR, University of Northumbria - School of Law
Email: Mohamed.badar@northumbria.ac.uk Since its foundation in 1999 Boko Haram has carried out numerous acts of violence on the territory of Nigeria constituting gross violations of human rights. The Office of the Prosecutor (OTP) of the International Criminal Court (ICC) has been monitoring the violence between Boko Haram and Nigerian armed forces as part of a preliminary investigation. It has stated that the violence between Boko Haram and the armed forces has reached the level of a non-international armed conflict and that there is reason to believe that Boko Haram is responsible for war crimes and crimes against humanity. This article assesses certain types of behaviour of Boko Haram from an Islamic law perspective and examines whether Islamic law condemns or justifies such acts. Arguably, it would help the ICC in asserting the legitimacy of its judgments, if it was able to prove that such judgments are compatible with the legal and belief system recognised by the actors at trial. In turn it would enable the Court to deal with at least some of the criticisms aimed at it for being an imperialistic institution.

Categories: Comparative Law News

CALL FOR PAPERS: 2015 Osgoode Forum - Sex, Drugs & Rock 'n Roll: Subversive Sites in the Law

Juris Diversitas - Fri, 01/16/2015 - 05:06
May 15 - 16, 2015, Toronto, OntarioDeadline for papers' submission: 31 January 2015
Change and stability, evolution and historical continuity, progress and constancy - these are conflicting demands that society and its members make of the law and legal institutions. Knowledge accumulates, past truths are shown to be false, and historical anomalies come to dominate the present. Heraclitus, the ancient Greek philosopher stated that "everything changes and nothing stands still". If change is the only constant, how have, do, and should law and legal institutions respond, resist, react, accommodate, accept, or suppress social change and the agents of change?
OVERVIEW: Sex, Drugs, and Rock 'n Roll is a credo associated with counter-culture, subversion, and resistance. Subversive sites of contestation exist not only because of constant change but also because of the failure of law to capture and accommodate individual realities, complexities, and varieties. There are many sites where individuals have reacted against dominant social views, perceptions, prescriptions, and propaganda. Some pursue activities, practices, and social arrangements which are illegal, disruptive, or unsanctioned - recent examples being Occupy Movements in light of the 2008 Financial Crisis; Hong Kong's Umbrella Revolution; Aboriginal blockades and Idle No More movements in Canada; homeless encampments; and polygamist communities. Such resistance has resulted in positive social change as well as socially sanctioned violence, persecution, and prosecution. Others suppress desires and needs, hide actions, or suffer in obscurity. The prevailing social approach, action, or reaction may create barriers, thereby excluding the rebels, disrupters, outcasts, abnormals, dissenters, immorals, and perverts from full participation in society.
TOPICS: The 2015 Osgoode Forum takes a wide, inclusive, view of Sex, Drugs, and Rock 'n Roll:- Sex includes: sex; gender; sex selection; sexual abuse; sexual harassment; sex and gender bias/equity, sexuality; gender; sexual practices; sexual orientation; sex trade; and reproductive rights.- Drugs include: illegal drugs; war on drugs; legalization, regulation, and decriminalization; religious or cultural uses; medicines; patenting; indigenous or traditional medicines; regulation of food and natural remedies; medical research funding; availability of life-saving drugs; and mandatory vaccinations.- Rock 'n Roll includes: Counter culture, subversion, and resistance; Performers, consumers, and property ownership; censorship; sponsorship; cultural appropriation; intellectual property rights - and many other sites that include, but are not limited to: territoriality; immigration; displacement; land claims; natural and economic resources; and social and ecological conservation.
If you would like to know how your paper fits into the conference topic, email a short description to glsa@osgoode.yorku.ca
As we celebrate the 125th anniversary of Osgoode Hall Law School, the 2015 Forum will focus on change and continuity in the law, and will examine how law is shaped by political, economic, and cultural forces. We invite participants to reflect on subversive sites in the law in the past, the present, and into the future though proposals for papers, presentations, panels, and other interventions (including art-based and performance contributions) from Master's and Doctoral students, artists, and activists.
Osgoode is committed to the promotion of interdisciplinary scholarship addressing the nature and function of law and legal institutions, and the impact of law in our changing world. We are eager to accept proposals from a range of disciplines intersecting with law, including: cultural studies, criminology, political science, health studies, gender studies, sociology, anthropology, history, psychology, and philosophy.
PAPER SUBMISSION PROCEDURE: Please submit your abstracts in English to glsa@osgoode.yorku.ca
Abstracts or proposals should be between 250-500 words in length, and should include:(i) your name,(ii) title of the paper,(iii) your organization or institution (if any), and(iv) a list of up to five keywords.
The abstract submission deadline is EXTENDED to the end of the day January 31, 2015.
Successful applicants will be notified by February 7, 2015.
Final papers (maximum of 15,000 words) OR Drafts (1,000-1,500 words) must be submitted by May 9, 2015, to allow for dissemination so that forum participants can engage with authors and provide authors with feedback and comments.

Information about the conference site, accommodations, conference fees, and programming will be provided before the abstract submission deadline at http://glsa.osgoode.yorku.ca
Categories: Comparative Law News

CONFERENCE & CFP: "Anti-Democratic Ideology and Criminal Law under Fascist, National Socialist and Authoritarian Regimes" (London, 10-11 September 2015)

WHAT: Anti-Democratic Ideology and Criminal Law under Fascist, National Socialist and Authoritarian Regimes, conference and call for papers
WHERE: Institute of Advanced Legal Studies, London
WHEN: 10th - 11th September 2015
Convenor: Dr Stephen Skinner, Centre for European Legal Studies, University of ExeterS.J.Skinner@exeter.ac.uk
Outline and Call for Papers
The Fascist, National Socialist and other forms of authoritarian regimes that emerged in the twentieth century used criminal law as a key component of their repressive and social control strategies. Criminal law was both an instrument in such regimes’ exertion of power, and a medium through which their core ideologies were expressed and could be identified. Although such regimes were not merely negative movements grounded on opposition to other political forces, many of them included elements of anti-democratic ideology in the formulation, application and interpretation of criminal law. This involved rejecting concepts identified with liberal democracy, and purporting to overcome their inadequacies. Whereas for some regimes such as Fascism and National Socialism this was an explicit, self-declared component of their identity, for others anti-democratic ideology was arguably more implicit in their turn away from liberal methods and models of criminal law.
This conference invites participants to question the nature and extent of anti-democratic ideology in criminal law under Fascist, National Socialist and other authoritarian regimes during the 20th century. Although the primary focus is intended to be on Fascism, National Socialism and similar systems in Europe, proposals for papers adopting a comparative approach to criminal law under communism, or to experiences in other parts of the world, will also be considered. Key themes for discussion could include, but are not limited to:

1. Elements, expressions and manifestations of anti-democratic ideology in the sphere of such regimes’ criminal law, a theme that might also be approached by questioning the nature of democracy and its value matrix. Key issues could include how such regimes expressed opposition to the tenets of liberal and democratic orders by rejecting the values of the Enlightenment and the French Revolution, individualism and the Kantian formulation of human subjectivity, and equality and the centrality of rights; prioritising State paramountcy with regard to specific forms of threat or categories of enemy; and excluding liberal guarantees in the form of legal certainty and subjective responsibility.2. The role and influence of key institutional actors in these regimes’ politico-legal orders, and how they perceived, represented, shaped and interpreted criminal law and related ideology, in their own systems, and with regard to their opponents or to orders they admired or sought to imitate. This theme might also involve exploration of whether and if so how anti-democratic (re)formulations of criminal law affected legal doctrine and practice.3. Comparative and historiographical dimensions. This theme could address how these issues may be understood in intra-systemic perspective, that is in relation to the legal orders which preceded or succeeded the regime in question, or in inter-systemic perspective, that is in relation to contemporaneous democratic (or democratizing), authoritarian or other systems in other States. This may require engagement with questions of definition and terminology, sources and forms of law, and issues of temporal and contextual specificity.4. The deeper and wider significance and relevance of engaging with the nexus between anti-democratic ideology and criminal law. This theme could relate to the ongoing need to face, or work through, our histories of repression, the role of law, and their continuing impact, or residual influences, in specific systems; and/or it could involve a general concern with the construction and conservation of democracy today, by questioning its relationship with law, State powers to prohibit and punish, and the extent of differences from, and problematic connections with, democracy’s purported historical opponents.
After the conference and subject to strict criteria of quality and thematic cohesion, the aim is to publish selected papers in an edited, peer-reviewed collection with a leading publisher.
Key Information- Any questions about these themes, the suitability of a possible paper, or suggestions for specific panels may be directed by email to the conference convenor, Dr Stephen Skinner: S.J.Skinner@exeter.ac.uk.- Abstracts of 250 words should be submitted by email to Belinda.Crothers@sas.ac.ukno later than 7th April 2015. Abstracts must include your name, affiliation, email address and a brief note (no more than 2-3 lines) about your research interests and key relevant publications.- A draft programme will be announced as soon as possible after the abstract submission deadline, together with registration details.- The standard registration fees for a two-day conference at the IALS are £70 concessionary rate, including speakers and panel chairs; £120 for other participants. Travel and accommodation are not included
Categories: Comparative Law News


Luigi Lacché, <No Juzgueis>. Antropologìa de la justicia e imàgenes de la opiniòn pùblica entre los siglos XIX y XX

Categories: Comparative Law News