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BOOK: The Constitutional Systems of the Commonwealth Caribbean

Juris Diversitas - Sat, 2014-05-31 05:47

A new title from Hart Publishing: The Constitutional Systems of the Commonwealth Caribbean - A contextual analysis.

The Commonwealth Caribbean comprises a group of countries (mainly islands) lying in an arc between Florida in the north and Venezuela in the south. Varying widely in terms of their size, population, ethnic composition and economic wealth, these countries are, nevertheless, linked by their shared experience of colonial rule under the British Empire and their decision, upon attaining independence, to adopt a constitutional system of government based on the so-called 'Westminster model'. 
Since independence these countries have, in the main, enjoyed a sustained period of relative political stability, which is in marked contrast to the experience of former British colonies in Africa and Asia. This book seeks to explore how much of this is due to their constitutional arrangements by examining the constitutional systems of these countries in their context and questioning how well the Westminster model of democracy has successfully adapted to its transplantation to the Commonwealth Caribbean. 
While taking due account of the region's colonial past and its imprint on postcolonial constitutionalism, the book also considers notable developments that have occurred since independence. These include the transformation of Guyana from a parliamentary democracy to a Cooperative Republic with an executive president; the creation of a Caribbean Single Market and Economy and its implications for national sovereignty; and the replacement of the Judicial Committee of the Privy Council by the Caribbean Court of Justice as the final court of appeal for a number of countries in the region. The book also addresses the resurgence of interest in constitutional reform across the region in the last two decades, which has culminated in demands for radical reforms of the Westminster model of government and the severance of all remaining links with colonial rule.
Categories: Comparative Law News

CALL: Post-doc researcher in the field of minority rights & European Union

Juris Diversitas - Sat, 2014-05-31 04:54
The Institute for Minority Rights at the European Academy of Bozen/Bolzano is looking for a
Researcher (post-doc) in the field of European Union Law and Politics & Minority Rights.

Research focus:

  •  EU law and politics 
  •  Minority rights and diversity governance in the EU 
  •  European integration and minority regions 

Click here for further information.
Categories: Comparative Law News

BOOKS: Intersentia - Lokin, Milo and Smits (eds), Tradition, Codification and Unification / Uzelac and van Rhee (eds), Nobody's Perfect: Comparative Essays on Appeals and other Means of Recourse against Judicial Decisions in Civil Matters

Juris Diversitas - Fri, 2014-05-30 18:37
Intersentia has published the following:

200 years ago many civil law jurisdictions adhered to exclusive national codifications of private law, and abandoned the old Ius Commune. Other jurisdictions in the civilian tradition did not engage in codifying private law, and continued along lines of authoritative opinions, case law and fragmented legislation. In our contemporary days the shades of national law slowly melt away, and we imagine a future where new common laws will continue to take shape. This book deals with this mirror image and explores the law in its everlasting tension between tradition and change. Historic and comparative analyses from European, Latin- American and South-African jurisdictions provide us with perspectives on the role of substance, methodology, institutions as well as individuals in developments of law towards the future.


Nobody’s perfect. Nevertheless, public confidence in the justice system depends on the belief that decisions made in the judicial processes are reasonably correct and accurate. Since no one has a monopoly on ultimate correctness, a large part of trust in the correct and objective nature of outcomes of the judicial process is rooted in the trust in the mechanisms of quality control. However, the specific nature of the judicial process, encapsulated in the principle of judicial independence and in the right to fair and swift adjudication, requires specific control mechanisms that have to achieve a sensitive balance between various aims and goals.

Based on these observations, the present book focuses on the systems of appellate control of court judgments. The intention of the editors is to explore the relationship between the different approaches to appeals in national civil justice systems and their impact on the overall efficiency and effectiveness of the legal protection of individual rights. Recognising that any approach to appeal has to strike a balance between the ideals of correctness, legitimacy and impeccable legal reasoning, on the one hand, and the ideals of legal certainty, effectiveness and efficiency, on the other, the contributors to this book were invited to discuss how contemporary justice systems deal with this issue. This allows an evaluation of whether the issues in debate are rather disparate or whether, on the contrary, the procedural philosophies and approaches to appeal in different legal systems are converging.
Categories: Comparative Law News

BOOK (Recommended): Braverman, Blomley, Delaney, and Kedar (eds), The Expanding Spaces of Law: A Timely Legal Geography.

Juris Diversitas - Fri, 2014-05-30 18:08
Stanford University Press has published Irus Braverman, Nicholas Blomley, David Delaney, and Alexandre Kedar (eds), The Expanding Spaces of Law: A Timely Legal Geography.
The book, on a subject too long neglected by comparatists,:
presents readers with cutting-edge scholarship in legal geography. An invaluable resource for those new to this line of scholarship, the book also pushes the boundaries of legal geography, reinvigorating previous modes of inquiry and investigating new directions. It guides scholars interested in the law-space-power nexus to underexplored empirical sites and to novel theoretical and disciplinary resources. Finally, The Expanding Spaces of Law asks readers to think about the temporality and dynamism of legal spaces.

For additional information, including an excerpt from the introduction and a discount, see http://www.sup.org/book.cgi?id=23213
Categories: Comparative Law News

BOOK: Adams and Heirbaut (eds), The Method and Culture of Comparative Law: Essays in Honour of Mark Van Hoecke

Juris Diversitas - Fri, 2014-05-30 17:38
Following the recent, successful workshopin Ghent, Hart Publishing has published Maurice Adams and Dirk Heirbaut (eds), The Method and Culture of Comparative Law: Essays in Honour of Mark Van Hoecke.
While the normal price for the book is £60, the Hart Discount for Juris Diversitas Blog Readers—20%--makes it available for £48. To place an order, go to the Hart Publishing website. To receive the discount, type the reference ‘JDB’ in the discount code field and click ‘apply’:
Awareness of the need to deepen the method and methodology of legal research is only recent. The same is true for comparative law, by nature a more adventurous branch of legal research, which is often something researchers simply do whenever they look at foreign legal systems to answer one or more of a range of questions about law, whether these questions are doctrinal, economic, sociological, etc. Given the diversity of comparative research projects, the precise contours of the methods employed, or the epistemological issues raised by them, are to a great extent a function of the nature of the research questions asked. As a result, the search for a unique, one-size-fits-all comparative law methodology is unlikely to be fruitful. That, however, does not make reflection on the method and culture of comparative law meaningless. Mark Van Hoecke has, throughout his career, been interested in many topics, but legal theory, comparative law and methodology of law stand out. Building upon his work, this book brings together a group of leading authors working at the crossroads of these themes: the method and culture of comparative law.
With contributions by: Maurice Adams, John Bell, Joxerramon Bengoetxea, Roger Brownsword, Seán Patrick Donlan, Rob van Gestel and Hans Micklitz, Patrick Glenn, Jaap Hage, Dirk Heirbaut, Jaakko Husa, Souichirou Kozuka and Luke Nottage, Martin Löhnig, Susan Millns, Toon Moonen, Francois Ost, Heikki Pihlajamäki, Geoffrey Samuel, Mathias Siems, Jørn Øyrehagen Sunde, Catherine Valcke and Matthew Grellette, Alain Wijffels.
The EditorsMaurice Adams is Professor of General Jurisprudence at the University of Tilburg.Dirk Heirbaut is Professor of Legal History and Roman Law at Ghent University.
Book Details: May 2014     346pp     Hbk     9781849466233       If you have any questions please contact Hart Publishing
Hart Publishing Ltd, 16C Worcester Place, Oxford, OX1 2JW, UKTel No: 01865 517530   Fax No:01865 510710  
E-mail: mail@hartpub.co.uk   Website: www.hartpub.co.uk
Categories: Comparative Law News

Books: New Titles from Edward Elgar Publishing

Juris Diversitas - Fri, 2014-05-30 07:17
Books: New Titles from Edward Elgar Publishing

The following titles are now available from Edward Elgar Publishing:

Renmin Chinese Law Review

Selected Papers of The Jurist, Volume 2
Edited by Jichun Shi, Editor in Chief, The Jurist and Professor of Law, Renmin University of China Law School, China Renmin Chinese Law Review, Volume 2 is the second work in a series of annual volumes on contemporary Chinese law, which bring together the work of recognised scholars from China, offering a window on current legal research in China.
 Company Law in ChinaRegulation of Business Organizations in a Socialist Market Economy JiangYu Wang, Associate Professor, Faculty of Law, National University of Singapore
This accessible book offer a comprehensive and critical introduction to the law on business organizations in the People’s Republic of China. The coverage focuses on the 2005-adopted PRC Company Law and the most recentlegislative and regulatory developments in the company law landscape in China. The book covers a wide range of topics including the definitions of companies as compared with other forms of business organizations, incorporation, shareholders rights andlegal remedies, corporate governance (including the fiduciary and other duties and liabilities of directors, supervisors and managers),corporate finance (including capital and shares offering), fundamental corporate changes (including mergers & acquisitions, and takeovers), and corporate liquidation and bankruptcy. In addition to presenting strong doctrinal analysis, the author also considers China’s unique social, political and economic contexts. China's Urbanization and the World EconomyFan Zhang, National School of Development, Peking University, China
This innovative book places China’s urbanization within a broader global context, including adetailed estimate of China’s total domestic market and its impact on the world economy.
Categories: Comparative Law News

Article: Critical Cultural Translation: A Socio-Legal Framework for Regulatory Orders

Juris Diversitas - Fri, 2014-05-30 06:55
Article:  Critical Cultural Translation: A Socio-Legal Framework for Regulatory Orders
"Critical Cultural Translation: A Socio-Legal Framework for Regulatory Orders" by Laura A. Foster, is now available on SSRN.

The making of legal regulatory orders has become increasingly transnational as legal ideas travel and are adopted, discarded, and refigured. Socio-legal scholars have recently turned to the framework of translation to guide examinations of how law changes from one context to the next and how law itself translates and transforms the subjects and objects it governs. Drawing upon science studies and feminist theory, this article develops critical cultural translation as possible socio-legal methodology and praxis for the study of transnational regulatory orders.

Furthering this line of inquiry, it addresses the regulation of benefit sharing and the patenting of indigenous San peoples’ knowledge in Southern Africa. Critical cultural translation involves a responsibility towards social justice and openness to disorientation, whereby normative legal meanings and language are broken up and reconfigured to allow for a plurality of coalitional politics towards more meaningful social change.
Categories: Comparative Law News

WORKSHOP: "Construire et déconstruire les normes culturelles des juristes" (Bordeaux, 2 June 2014)

WHAT: Construire et déconstruire les normes culturelles des juristes, workshop
WHERE: CAHD, Centre aquitain d’histoire du droit, Université de Bordeaux, France
WHEN: 2 June 2014, 2:00-6:00 pm
all information here
Categories: Comparative Law News

WORKSHOP: "Histoire et informatique: Textometry of the historical sources" (Rome, 2-6 June 2014)


WHAT: Histoire et informatique: Textometry of the historical sources, workshop 
WHERE: École française de Rome, salle de séminaire, Piazza Navona, 62, 00186 - Roma
WHEN: 2-6 June 2014
all information here
Categories: Comparative Law News

CONFERENCE: "Cardinaux et cardinalat, une élite à l'épreuve de la modernité, 1775-1978" (Paris, 19-20 June 2014)




WHAT: Cardinaux et cardinalat, une élite à l'épreuve de la modernité, 1775-1978. 19 June: Nouvelles recherches sur les cardinaux : sources, approches, représentations20 June: Les cardinaux, relais institutionnels et relations symboliques
WHERE: 19 June: Institut Catholique de Paris - Amphi René Rémond, 21 rue d’Assas 75006 Paris, Accès : Métro Rennes ou St-Placide20 June: Université Paris-Sud - Faculté Jean Monnet, Salle Georges Vedel - 54, boulevard Desgranges, 92 Sceaux - Accès : RER B Robinson
WHEN: 19-20 June 2014 
all information here
Categories: Comparative Law News

CONFERENCE: "Understanding legal reasoning", (Groningen, 11-12 September 2014)


WHAT: Conference, Understanding legal reasoning A role for History and Philosophy in Modern Private Law
WHERE: Melkweg 1, 9718 EP Groningen
WHEN: 11 September 2014 15:00-17:00/12 September 2014 9:30-16:45
all information here
Categories: Comparative Law News

JOURNAL: Comparative Legal History (the Journal) and the European Society for Comparative Legal History

Juris Diversitas - Tue, 2014-05-27 07:08
The editors of Comparative Legal History (CLH), the official publication of the European Society for Comparative Legal History (ESCLH), want to remind you that ESCLH Members receive a free subscription of the journal.

The latest volume is with the printers now. Sign up for membership, or renew your existing membership, immediately in order to get it soon.

And spread the word and ask your library to stock us!!


As always, we also invite contributions: articles, review articles and book reviews.


The journal:

is a peer-reviewed international and comparative review of law and history. Its articles explore both internal legal history (doctrinal and disciplinary developments in the law) and external legal history (legal ideas and institutions in wider contexts). Firmly rooted in the complexity of the various Western legal traditions worldwide, it also provides a forum for the investigation of other laws and law-like normative traditions around the globe. Scholarship on comparative and trans-national historiography, including trans-disciplinary approaches, is particularly welcome. 


CLH has an exceptional staff and international board and is published by the forward-thinking, helpful folks at Hart Publishing.


The preface introducing the journal is available here; a sample article is available here.

Seán Patrick Donlan, Editor
Categories: Comparative Law News

ESCLH: Comparative Legal History (the ESCLH Journal) and Membership

The editors of Comparative Legal History (CLH), the official publication of the European Society for Comparative Legal History (ESCLH), want to remind you that ESCLH Members receive a free subscription of the journal.

The latest volume is with the printers now. Sign up for membership, or renew your existing membership, immediately in order to get it soon.

And spread the word and ask your library to stock us!!



As always, we also invite contributions: articles, review articles and book reviews.


The journal:

is a peer-reviewed international and comparative review of law and history. Its articles explore both internal legal history (doctrinal and disciplinary developments in the law) and external legal history (legal ideas and institutions in wider contexts). Firmly rooted in the complexity of the various Western legal traditions worldwide, it also provides a forum for the investigation of other laws and law-like normative traditions around the globe. Scholarship on comparative and trans-national historiography, including trans-disciplinary approaches, is particularly welcome. 


CLH has an exceptional staff and international board and is published by the forward-thinking, helpful folks at Hart Publishing.


The preface introducing the journal is available here; a sample article is available here.

Seán Patrick Donlan, Editor
Categories: Comparative Law News

SPECIAL ISSUE: Development & Change 'Transition and Justice: Negotiating the Terms of New Beginnings in Africa'

Juris Diversitas - Fri, 2014-05-23 11:10
Juris Diversitas is pleased to inform you about the new special issue of Development & Change which is now online: 'Transition and Justice: Negotiating the Terms of New Beginnings in Africa'.

It is edited by Gerhard Anders (Edinburgh) and Olaf Zenker (Bern), and examines a series of cases where peaceful ‘new beginnings’ have been declared after periods of violence and where transitional justice institutions played a role in defining justice and the new socio-political order. It focuses on three issues that are key to understand ‘new beginnings’: the problem of finding a foundation for that which explicitly breaks with the past; the discrepancies between lofty promises and the messy realities of transitional justice in action; and the dialectic between logics of the exception and the ordinary, employed to legitimize or resist transitional justice mechanisms. 
Categories: Comparative Law News

JURIS DIVERSITAS BOOK SERIES: Update on Titles (May 2014)

Juris Diversitas - Thu, 2014-05-22 06:43
JURIS DIVERSITAS BOOK SERIES
Update on Titles (May 2014)


Juris Diversitas is proud to have a book series with Ashgate (we're also a Publishing Partner): 
Our first volume, due in the autumn, will be Seán Patrick Donlan and Lukas Heckerdon-Ursheler (eds), Concepts of Law: Comparative, Jurisprudential, and Social Science Perspectives 

Two other volumes on mixed systems are also due in the autumn :
The series is much wider in focus, however, and, aong additional titles, the following are due within the next year:
  • Shauna van Praagh and Helge Deldek (eds), Stateless Law: evolving Boundaries of a Discipline
  • Daniela Berti, Anthony Good, and Gilles Tarabout (eds), Of Doubt and Proof: Ritual and Legal Practices of Judgment
Of course, we're looking for texts, too. While we anticipate publishing future collections (original, conference-based, Festschriften, etc), we're especially interested in publishing monographs and student texts (eg, comparative law, jurisprudence, etc). 

Let me know if you've any ideas: sean.donlan@ul.ie.

Finally, note that selected volumes are also provided free with membership. Sign up now and pass the word!
Categories: Comparative Law News

JOURNAL: Legal History e-Journal, vol.18, n. 50, 2014

Legal History e-Journal, vol.18, n. 50, May 2014

All abstracts available here
Categories: Comparative Law News

MEMORIAL GATHERING: For Simon Roberts and Franz von Benda-Beckmann at the LSA Meeting (30 May 2014)

Juris Diversitas - Wed, 2014-05-21 03:36
The Commission on Legal Pluralism just circulated a message about a 'memorial gathering' for Simon Roberts and Franz von Benda-Beckmann to 'take place during the Annual Meeting of the Law and Society Association (LSA) in Minneapolis this year, on Friday, May 30, 6:30-7:30pm, in Hilton Board Room 3.' The formal announcement reads:In Memoriam Simon Roberts Franz von Benda-Beckmann We deeply mourn the loss of two leading legal anthropologists: Simon Roberts, who died on April 30, and Franz von Benda-Beckmann, who died in January 2013. Some LSA members were their friends; many more knew them through their writings. We invite you to join us in sharing memories of Simon and Franz on Friday, May 30, 6:30-7:30pm, in Hilton Board Room 3. 

(For more information contact Rick Abel: abel@law.ucla.edu ....) 


Categories: Comparative Law News

JOURNAL: Potchefstroom Electronic Law Journal

Juris Diversitas - Tue, 2014-05-20 10:09
The latest Potchefstroom Electronic Law Journal is available here. Its editorial, by our Professor Christa Rautenbach, reads:
The first 11 articles in the first issue of 2014 deal with global legal topics ranging from outer space to domestic South African matters and legal challenges in other African countries, such as Uganda, Nigeria and Zimbabwe.Anél Ferreira-Snyman discusses legal challenges relating to the commercial use of outer space, with specific reference to space tourism. She points out that the current legal framework is outdated and no longer deals adequately with the rapidly developing space tourism industry. Further away from the moon, although it deals with creations of the mind and is just as mysterious for the average person, is the contribution of André van der Walt and Richard Shay, which analyses the South African Constitutional Court's treatment of intellectual property. They focus on the methodology that the Court has formulated to assess if state interference complies with constitutional provisions to determine if state intervention into property interests has been legitimate. The third contribution, by Joel Baloyi, also deals with a creation of the mind, namely copyright. He attempts through a comparative analysis to demystify the role of copyright as a tool for economic development in Africa and criticises the stifling effect the transferability principle has on the effectiveness of copyright in certain African countries.

Bradley Slade discusses the differences between the concepts "public purpose" and "public interest" in the context of third party transfers as a result of property being expropriated for the realisation of public purposes in the fourth contribution. The influence of the Constitution of South Africa, 1996 on organ transplants is the topic of the fifth contribution, by Debbie Labuschagne and Pieter Carstens. They come to the conclusion that the South African government has failed to provide an effective legal framework to relieve the shortage of human organs available for transplantation. Sixthly, Lize Mills discusses recently proposed regulations prohibiting the advertising and promotion of infant formulae and other products marketed as being suitable for infants or young children with the purpose of promoting breast-feeding. The last five articles move further afield and deal with legal issues elsewhere in Africa. Dana van der Merwe gives a comparative overview of the relationship between digital information in certain legal fields in South Africa and Uganda. Nazreen Shaik-Premanov examines Zimbabwe's Marange conflict diamond situation and Lovemore Chiduza analyses the Zimbabwean constitutional provisions on judicial independence. Peter Obutte scrutinises ICT laws in Nigeria and the last two authors, Serges Kamga and Ogechukwu Ajoku, reflect on addressing human rights violations by extractive industries in both South Africa and Nigeria.
Four notes are also published in this issue. The first one is an overview article by Christa Rautenbach dealing with the modern-day impact of cultural and religious diversity as reflected in the book on "Managing Family Justice in Diverse Societies". The other four notes are case discussions. The first one is a discussion of the case of Government of the Republic of Zimbabwe v Louis Karel Fick by Erika de Wet. The second one is a discussion of the case of Le Sueur v eThekwini Municipality by Warren Freedman, and the last one is a discussion of the case of Apollo Tyres v South Africa (Pty) Ltd v CCMA by Shamier Ebrahim.
Categories: Comparative Law News

JURIS DIVERSITAS CONFERENCE: Registration is Open!!!

Juris Diversitas - Tue, 2014-05-20 08:54
Registration is now open for:
THE JURIS DIVERSITASANNUAL CONFERENCE  17-19 July 2014Faculty of Law and Political Science –Aix-Marseille University - Aix-en-Provence, FranceCOMPARATIVE LAW AND …  With keynote addresses by Jan Smits (opening), Duncan Fairgrieve and François Lichère, over sixty presentations, and two panels, this is a great opportunity to reflect and interact with scholars from around the world, working at the edge of comparative law and other disciplines.
Registration information is here; membership information is here
Note that registration fees don’t cover travel, accommodation, or the conference dinner (€50).

If want to see who's coming or let others know that you're attending, a Facebook Event Page has also been created here
And you can follow us on Facebook and Twitter, too.
Categories: Comparative Law News