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Comparative Law News

AWARD: Professor Olivier Moréteau

Juris Diversitas - Fri, 2014-06-06 04:50
Professor Olivier Moréteau, Vice-President of Juris Diversitas and Co-Organiser of the coming conference in Aix, was recently awarded the John Ashby Hernandez III Memorial Francophone Leadership Award by the Louisiana State Bar Association at the General Assembly and House of Delegates meeting.Well done, Sir. (Love the halo!) - SPDFor additional information, click here.
Categories: Comparative Law News

eJOURNAL (New): BioLaw Journal - Rivista di BioDiritto

Juris Diversitas - Wed, 2014-06-04 16:18
The first issue of BioLaw Journal - Rivista di BioDiritto has just been published. 

BioLaw Journal – Rivista di BioDiritto is a peer reviewed, online law journal focusing on the relationships between law and life sciences under a comparative perspective. According to its interdisciplinary nature, the Journal hosts contributions in the fields of law, life sciences and bioethics.
The Journal presents articles, commentaries and book reviews which provide an innovative and original source of reference for academics, lawyers, legal and medical practitioners, law students, and anyone interested in national, European and international biolaw.
The first issue is freely available at this link: http://www.biodiritto.org/ojs/index.php?journal=biolaw&page=index
Categories: Comparative Law News

OPPORTUNITY: Lecturer/Senior Lecturer in Law, Ghana Campus

Juris Diversitas - Wed, 2014-06-04 08:08
Lancaster University Ghana seeks lecturers or senior lecturers. 

Qualified to teach Ghanaian law, the appointees will be part of the founding Law School at our campus in Accra, Ghana. From October 2014 the campus will offer a Ghanaian qualifying law degree at undergraduate level on which the appointees will teach. 

Further details and contact details can be found here.
Categories: Comparative Law News

SEMINAR: "The differentiation of property" (Paris, 10 June 2014)

WHAT: The differentiation of property, 8th meeting of the séminaire de casuistique Le Bien commun, les biens communs, les choses communes, la collectivisation des intérêts organized by Emanuele Coccia, Emanuele Conte, Marie-Angèle Hermitte and Paolo Napoli 
WHERE: École des Hautes Études en Sciences Sociales (EHESS), Centre d'études des norme juridiques Yan Thomas (CENJ), Salle D & M Lombard, 96 boulevard Raspail, 75006, Paris
WHEN: 10 June 2014, 6:00 - 9:00 pm
SpeakerDan WIELSCH - Université de cologne, Professeur de droit civil
Categories: Comparative Law News

JOURNAL (New): ELTE Law Journal (Eötvös Loránd University)

Juris Diversitas - Tue, 2014-06-03 08:27
Hungary’s oldest and largest university, the Eötvös Loránd University (ELTE) started its 378th academic year in 2013. As a part of its vision on fostering international educational and scholarly ties, ELTE Law School has launched its Law Journal, with the aim of it becoming an international and regional forum for learned debate on comparative legal studies.
ELTE Law Journal targets a regional and international readership including scholars and practitioners. This is also reflected by the international composition of the Advisory Board: Armin von Bogdandy (Heidelberg), Adrian Briggs (Oxford), Marcin Czepelak (Krakow), Bénédicte Fauvarque-Cosson (Paris), Erik Jayme (Heidelberg), Herbert Küpper (Regensburg), Ulrich Magnus (Hamburg), Russel Miller (Lexington, Va), Olivier Moreteau (Baton Rouge, LA), Marianna Muravyeva (Oxford), Ken Oliphant(Bristol), Helmut Rüssmann (Saarbrücken), Luboš Tichy (Prague), Emőd Veress (Kolozsvár/Cluj), Reinhard Zimmermann (Hamburg) 
ELTE Law Journal invites you to submit original articles that explore contemporary, practical issues in the field of private law, criminal law, constitutional and administrative law, international law and European law. We have a strong preference for submissions with a comparative approach and for articles exploring legal issues from the perspective of European law and/or international law.We accept submissions on a rolling basis.
The journal is available online at the following link: http://eltelawjournal.hu/
The Editorial Board welcomes submissions for publication. Formal requirements may be found here: http://eltelawjournal.hu/submission-guide/
Categories: Comparative Law News

ARTICLE: Ralf Poscher on Interpretaton and Understanding in Law. The Complexity of Easy Cases

Juris Diversitas - Mon, 2014-06-02 06:09
Juris Diversitas is pleased to inform You about the new article of Prof. Ralf Poscher (Albert-Ludwigs-University Freiburg) Inerpretation and Understanding in Law. The Complexity of Easy Cases, published on Philosophi of Law eJournal. 


Lon L. Fuller challenged the positivist distinction between the law “as it is” and the law “as it ought to be” by insisting on the need for interpretation even in easy cases of adjudication. Fuller argued that interpretation is always creative in the light of the purpose of the rule to be applied and thus always draws on the law “as it ought to be”. Andrei Marmor tried to defend positivism against this challenge by advancing the thesis that there is no need for interpretation in easy cases. He drew on Ludwig Wittgenstein’s remarks on rule following to suggest that in easy cases the law is just in need of understanding, not of interpretation. Although I also think that positivism can be saved from Fuller’s challenge, I do not think that it can be done with the help of Wittgenstein’s distinction between interpretation and understanding. Fuller’s challenge and Wittgenstein’s remarks on the relation between a rule and its application address different aspects of the process of adjudication in easy cases, which build upon, but which cannot be played out against each other. We have to distinguish between two different elements of our practice of adjudication in easy cases: On the one side the communicative interpretation of utterances – in the case of the law legal texts – in the sense Paul Grice was concerned with; on the other side the application of a rule thus identified as the content of a communicative intention that Wittgenstein’s remarks on rule following are concerned with. Fuller can be understood to have insisted rightly on the ubiquity of the former, which cannot be refuted by any account of the latter. The upshot, though, is not that Fuller’s challenge is successful. Its flaw, however, does not lie in the insistence on the ubiquity of communicative interpretation, but in its exploitation of an ambiguity of the creative element in two different kinds of interpretation. We have to distinguish between the epistemic creativity that can be involved in communicative interpretation and the creativity involved in amending the law via legal construction. Only the latter concerns the distinction between the law “as it is” and the law “as it ought to be”.
Categories: Comparative Law News

SEMINAR: "Citizenship and Power Strategies between Middle Ages and Early Modernity" (Rome, 4 June 2014)

WHAT: Indian Residential Schools.Settler colonialism e cittadinanza13th meeting of the seminar Cittadinanze e strategie di potere tra Medio Evo ed Età Moderna, organized by Sara Menzinger, Giuliano Milani and Massimo Vallerani in the framework of the PIMIC Project "Power and Institutions in Medieval Islam and Christendom" (http://www.pimic-itn.eu)  WHERE: Roma Tre University, Law Department, 2nd Floor, Room 278, Via Ostiense 161-163, Rome.WHEN: 4 June 2014, 3:00 pm
Speakers:Prof. Michele Spanò, International University college, TurinProf. Giorgio Resta, University of Bari
Categories: Comparative Law News

CONFERENCE: Legal Remedies for Corruption

Juris Diversitas - Sat, 2014-05-31 09:31
A conference on the Legal Remedies for Corruption will be taking place at the Said Business School on Saturday 28 June 2014.

The conference will be jointly hosted by the Oxford Institute for Ethics, Law and armed Conflict (Oxford Department of Politics and International Relations) and Open Societies Foundation, Justice Initiative provide a forum to discuss how litigation, based on innovative legal approaches, has been useful in challenging, mitigating, remediating and deterring corruption.

Discussion will focus on current legal practice in the fight against corruption globally and its evolution since 2005. 

Some of the case studies will focus on the cases against the ruling elites in Equitorial Guinea, Gabon, Zambia and South Africa.

Further information on the conference is available at the following link:
http://www.elac.ox.ac.uk/downloads/Flyers/Corruption%20Conference%20ELAC%20advert.pdf and in the attached document.

To register, please contact Miss Vuyelwa Kuuya at vuyelwa.kuuya@politics.ox.ac.uk
Categories: Comparative Law News

JOURNAL: Indigenous Nations & People Law eJOURNAL

Juris Diversitas - Sat, 2014-05-31 06:54
A new issue of Indigenous Nations & People Law eJOURNAL is now available on SSRN.

Table of contents:

Categories: Comparative Law News

BOOK: Of Courts and Constitutions

Juris Diversitas - Sat, 2014-05-31 05:57
Another new book from Hart Publishing: Of Courts and Constitutions, edited by Kieran Bradley, Noel Travers and Anthony Whelan.

The essays which appear in this volume have been written to pay tribute to the Hon Mr Justice Nial Fennelly, judge of the Supreme Court of Ireland, and former Advocate General at the European Court of Justice, on the occasion of his retirement.
The overall theme of the book is the relationship between European Union law and national law, and the role of courts in defining that relationship. The book consists of four main parts - the structure and functioning of the European Court of Justice, material issues of European Union law, aspects of Irish law and transversal issues of national and European law. The contributors are all past and present members of the European bench, members or former members of the Irish judiciary or Bar and/or experts in European Union law, many of whom have worked with Mr Justice Fennelly during his long and distinguished career at the Bar and on the bench.
Categories: Comparative Law News

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