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Comparative Law News

VACANCY: Professorship at Sciences Po (Contemporary History of the State, Institutions and Public Policy) (DEADLINE 1 March 2015)

Sciences Po Paris is hiring a Professor in contemporary political history, but with a strong knowledge of public law, as well as the 19th century. See call below:

The Center of History and the Department of History at Sciences Po are proposing to further strengthen of the field of political history at Sciences Po. The orientation of the Center of History is fundamentally geared towards the axis of political history, understood in all its dimensions
The target of this search is a specialist in the history of the state, political institutions and public policies, with a special emphasis on the study of their juridical and administrative implications. All areas of research related to these broad themes are welcome, with a preference for the history of the twentieth century, understood in the largest possible definition of this term. A solid knowledge of the nineteenth century will be strongly appreciated. The capacity to teach the history of ideas and political concepts will be an additional asset. Candidates must demonstrate their understanding of constitutional law, public law and political science
The position is geared towards experts in the history of France, but candidates must also demonstrate their aptitude for comparative, transnational and connected history. They must likewise benefit from international recognition of their research, their professional activities, their teaching experience, their publications and their linguistic competence. A solid level of English will be expected. Full text of the call here.
Source: calenda.org
Categories: Comparative Law News

CALL FOR PAPERS: International Days of the French Society of Legal History, Ph.D.-Round Table (French Association of Young Legal Historians), DEADLINE 30 MARCH 2015

(View on Rennes, 1624, image source: Gallica/BnF)
 We have the following call for papers (by 30 MARCH 2015), for the upcoming Journées internationales d'Histoire du Droit (Rennes, 28-31 May 2015)
At  the  invitation  of  the  Société  d’histoire  du  droit  in  conjunction  with  the  Chair  for  Legal History of the University of Rennes Faculty of Law, the Association française des jeunes historiens du droit will hold a round table during the upcoming Journées Internationales d’Histoire du Droit, which will take place in the Faculty of Law of Rennes on 28-31 May 2015.

The session will be limited to PhD-candidates and moderated by a Professor. The aim of this round table is for each participant to submit a few minutes of his or her thesis topic, in addition to, a discussion on substantive issues and methodological approaches raised by each line of research.

The presentation should not  exceed 10 minutes in order to spend time discussing with theparticipants. The objective of which is not to give a conference on the thesis subject, but rather a reflective workshop and an exchange of ideas and knowledge between the various participants on their work in progress. The aim of this session is also to establish contact between PhD-candidates with various academic fields, and obtain feedback on projects and early stages. 

Proposals for the presentation may cover all time periods and fields of Legal History, regardless of the selected theme for the Journées Internationales d’Histoire du Droit. Presentations may be given in French, English,  German or Italian. Intending presenters  are  encouraged  to  send  an  application consisting  of  no  more  than  300  words,  and  a  curriculum  vitae  before  30  March  2015  to : assofjhd@gmail.com.
Source: French Association of Young Legal Historians.
Categories: Comparative Law News

CONFERENCE ANNOUNCEMENT: Women, Narrative and Crime: An Interdisciplinary Conference

Juris Diversitas - Wed, 02/18/2015 - 04:52
Teesside University (Darlington Campus)9th July 2015Keynote Speakers: Deborah Jermyn (Roehampton) & Lizzie Seal (Sussex)
From Pat Barker’s novel Blow Your House Down (1984) to Alan Moore and Eddie Campbell’s graphic novel From Hell(1999) and Alecky Blythe and Adam Cork’s stage musical London Road (2011), artists, writers and film-makers have explored the collective memory and cultural meaning of crimes against women, both past and present. This interdisciplinary conference will bring to together researchers and practitioners from the arts, humanities and socials sciences to explore questions of narrative and crime in relation to violence against women, as well as addressing themes relating to women, crime and justice more broadly. This conference will critically explore the growing recognition within the social sciences of ‘popular’ criminological texts (Rafter, 2007) - such as film, TV drama, crime fiction, true-crime  - as valid social documents, which shape both public and academic understandings of crime, justice and victimization, and offer alternative means of engaging with criminal events and ‘knowing’ about crime. This conference aims to explore how these ‘differing spheres of representation’ (Brown, 2003) deal with violence against women, reflecting on the relationship between academic and cultural texts (Wakeman, 2011), and the privileging of particular texts as a means of conveying feminist messages relating to misogyny, violence and victimhood.We welcome abstracts (250 words) for 20 minute papers from researchers and practitioners working in the following fields: criminology; sociology; English; film and media studies; theatre and performance studies; the visual arts; women’s, gender, queer and transgender studies.Themes for papers may include but are not limited to:·         Feminism, violence against women and social media·         Visual criminology·         Crime, place and myth·         True crime·         Narrative criminology·         Fiction, film, television drama, graphic novels, computer games, visual arts, performing arts·         The politics and ethics of fictional reconstruction·         Violence, intersectionality and difference·         Genres of crime narrative – detective / crime fiction, historical fiction, documentary, creative non-fiction
This event is part of a British Academy funded project at Teesside University; the project explored the significance of the Yorkshire Ripper murders for those living closest to them and highlights how a range of narratives offered by the social sciences, true crime and crime fiction represent themes of misogyny, violence against women and fear of crime.Abstracts (250 words) and brief author profiles should be submitted to wnccon@tees.ac.uk by 15th April 2015.
Categories: Comparative Law News

UPDATE (Keynote Speaker): Juris Diversitas Annual Conference

Juris Diversitas - Tue, 02/17/2015 - 07:34

We're pleased to announce that one of our plenary speakers will be Professor Brian Tamanaha (Washington University, St Louis). As his faculty profile reads:

Professor Brian Z. Tamanaha is a renowned jurisprudence scholar and the author of eight books and numerous scholarly articles, including his groundbreaking book, Beyond the Formalist–Realist Divide: The Role of Politics in Judging. His articles have appeared in a variety of leading journals, and his publications have been translated into eight languages. Also an expert in law and society, he has delivered lectures in Brazil, Indonesia, Japan, France, the Netherlands, Colombia, Singapore, Australia, Canada, and the United Kingdom. He spent a year in residence as a Member of the Institute for Advanced Study in Princeton. Professor Tamanaha is the recipient of several book prizes and awards, including Professor of the Year, and a frequent speaker and lecturer at legal conferences throughout the United States and abroad. His professional affiliations include serving as a past member of the Board of Trustees of the Law and Society Association. Before becoming a law professor, he clerked for the Hon. Walter E. Hoffman, U.S. District Court for the Eastern District of Virginia. He also practiced law in Hawaii and Micronesia, where he served as legal counsel for the Micronesian Constitutional Convention, Assistant Attorney General for the Yap State, and Assistant Federal Public Defender for the District of Hawaii. He then earned a doctorate of juridical science at Harvard Law School.

And we're still accepting proposals ...

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

BOOK REVIEW: Nils JANSEN & David Julius KÄSTLE (ed.), Commentaries in Law and Religion (Tübingen: Mohr, 2014, XII + 465 p., ISBN 978-3-16-152879-8) by Eva-Marie BECKER (Sehepunkte.de)

Sehepunkte.de published a review by Eva-Marie Becker (Aarhus) of the work Kommentare in Recht und Religion (Tübingen: Mohr, 2014), edited by Nils Jansen & David Julius Kästle (Münster).

Fulltext available here.
Categories: Comparative Law News

BOOK: Kyritsis on Courts and Legislatures in Legal Theory

Juris Diversitas - Sat, 02/14/2015 - 09:35
Shared AuthorityCourts and Legislatures in Legal Theory                   Dimitrios Kyritsis                     
This new book advances a fresh philosophical account of the relationship between the legislature and courts, opposing the common conception of law, in which it is legislatures that primarily create the law, and courts that primarily apply it. This conception has eclectic affinities with legal positivism, and although it may have been a helpful intellectual tool in the past, it now increasingly generates more problems than it solves. For this reason, the author argues, legal philosophers are better off abandoning it. At the same time they are asked to dismantle the philosophical and doctrinal infrastructure that has been based on it and which has been hitherto largely unquestioned. The book offers an alternative framework for understanding the role of courts and the legislature; a framework which is distinctly anti-positivist and which builds on Ronald Dworkin's interpretive theory of law. But, contrary to Dworkin, it insists that legal duty is sensitive to the position one occupies in the project of governing; legal interpretation is not the solitary task of one super-judge, but a collaborative task structured by principles of institutional morality such as separation of powers which impose a moral duty on participants to respect each other's contributions. Moreover this collaborative task will often involve citizens taking an active role in their interaction with the law.
THE AUTHORDimitrios Kyritsis is an Associate Professor at the University of Reading.
BOOK DETAILSJanuary 2015   9781849463898   195pp   Hbk   RSP: £50 / US$100Discount Price: £40 / US$80
Order Online in the US
If you would like to place an order you can do so through the Hart Publishing website (link below). To receive the discount please mention reference ‘JDB’in the special instructions field. Please note that the discount will not be shown on your order but will be applied when your order is processed.

US: http://www.hartpublishingusa.com/books/details.asp?ISBN=9781849463898
 Order Online in the UK, EU and ROWIf you would like to place an order you can do so through the Hart Publishing website (link below). To receive the discount please type the reference ‘JDB’in the discount code field and click ‘apply’.

UK, EU and ROW: http://www.hartpub.co.uk/BookDetails.aspx?ISBN=9781849463898
Categories: Comparative Law News

LL.M. in Comparative Law at Louisiana State University

Juris Diversitas - Fri, 02/13/2015 - 17:47
The LSU Law Center welcomes applications for the Master of Laws (LL.M.) in Comparative Law program for the 2015-2016 academic year. The LSU Law Center’s distinctive curriculum, with fully-developed civil and common law programs, provides an exceptional and intense legal education. In addition to a full coverage of United States laws and legal methodology, the LL.M. at LSU Law features unique advantages, such as the opportunity to study the civil law in English, access to one of the best comparative law libraries in the world, and competitive tuition rates combined with an affordable cost-of-living. For over 70 years, LSU Law has provided an LL.M. education of the highest caliber, while maintaining affordability; alumni of the LL.M. Program have gone on to positions at some of the top universities and law firms around the world.  Download the brochure. More information is available on the LL.M. webpage, or contact us by email at llmadmission@law.lsu.edu or by telephone at 225-578-7831 for more information about this unique opportunity.
Also visit the LSU Law Worldwide blog at: http://sites.law.lsu.edu/worldwide/blog/ and ‘like’ the CCLS on Facebook.

Categories: Comparative Law News

CALL FOR PAPERS: British Association of Comparative Law Postgraduate Research Workshop

Juris Diversitas - Fri, 02/13/2015 - 11:04
Deadline 19th March.

The University of East Anglia will host the 2015 BACL Postgraduate Workshop on Comparative Law on 28th- 29th April 2015.
The BACL Postgraduate Workshop on Comparative Law is designed for doctoral students working on dissertations in the field of comparative legal studies and related subjects. In a round-table setting, the 2-day workshop will address both the benefits and methodological problems of postgraduate research in comparative law.
Participants will be provided with an opportunity to present their own work and thus gain useful feedback from their peers, as well academics in the field, including Dr Audrey Guinchard (Essex) and Dr Stathis Banakas (UEA).
The workshop will take place on the UEA campus, beginning lunchtime Tuesday, 28th April. The workshop will include plenary sessions, but the emphasis is on student presentations and group discussion. Students interested in participating in the workshop should submit an abstract of no more than 400 words and a short biographical note using the attached form by 19 March 2015.
BACL is subsidising the costs of this event, which is also sponsored by Intersentia, but a student contribution will be required. The contribution will be £30 for students from BACL member institutions* and £40 for students from non-member institutions (payable at the event in cash or by cheque to the British Association of Comparative Law). This includes participation in the workshop, lunch and refreshments as well as evening dinner on the 28th April. (Your institution may be able to assist with the costs.)
Students will also be expected to pay for and organise their own transport to Norwich, as well as their overnight campus accommodation (£54.00 B&B per night payable upon advance booking).
Applications should be sent to Claudina Richards (c.richards@uea.ac.uk), School of Law, University of East Anglia, Norwich, NR4 7TJ.
CLICK HERE for further information and to download the application form.
Categories: Comparative Law News

CONFERENCE:The Unitary Patent and the Unified Patent Court: a private international law perspective

Juris Diversitas - Fri, 02/13/2015 - 06:12
Bournemouth University Speaker: Paul Torremans (University of Nottingham)Venue:   Executive Business Centre, Bournemouth 
Date:  Thursday 19 February, from 6 pm in EB306The introduction of the unitary patent will leave the European patent in place and will in any case not apply to Italy, Spain and, probably, Poland. And the courts in those countries, and those in all other Member States during the transition period, will share competence over patent cases with the Unified Patent Court. This gives rise to issues of private international law and the Brussels I Regulation was hastily amended to deal with the matter. The talk will consider the Unitary Patent and the Unified Patent Court from a private international law perspective in order to analyse whether adequate solutions are now in place that will make the system predictable and transparent, or even efficient.
Click here for further information.
Categories: Comparative Law News

ARTICLE ANNOUNCEMENT: A Contextual Defense of ‘Comparative Constitutional Common Law’

Juris Diversitas - Fri, 02/13/2015 - 06:07
By Han-Ru Zhou, on (2014) 12 International Journal of Constitutional Law 1034  The relevance of comparative constitutional law, especially in the judicial forum, has been a longstanding source of debate. Even between jurisdictions sharing the same legal tradition, the judicial use of comparative law has been repeatedly criticized on grounds related to the widely differing characteristics of the jurisdictions being compared. This article seeks to challenge these objections when the comparison concerns the constitutional law of Commonwealth countries, with a legal system based on the common law tradition. More specifically, in these common-law-based systems, the use of such a comparative analysis is rooted in a shared legal history and tradition and can be coherently explained by the nature of common law. Historically, the beginnings of modern “comparative common law” can be traced back to the British colonization and the reception of English law in the new British territories. Over time, the practice in the colonies of referring to English and other Commonwealth authorities had become well established to such an extent that it continued even after the political and legal ties between the former colonies and the UK had been severed. One major reason for this ongoing practice is the fact that the independence of almost all of the former colonies had been formalized through the adoption of a constitution on the “Westminster model,” and was thus founded on the general principles of English constitutional law. Altogether, these channels of reception of the common law tradition, and of many of its fundamental rules and principles, have contributed to creating a unique legal context allowing for the development of comparative constitutional common law.
Click here to download this article
Categories: Comparative Law News

ARTICLE ANNOUNCEMENT: Irish Jurors: Passive Observers or Active Participants?

Juris Diversitas - Fri, 02/13/2015 - 05:34
by Niamh Howlin, on (2014) 35(2) Journal of Legal History 143-171
What was the role played by jurors in civil and criminal trials from the late eighteenth to the late nineteenth century? This article establishes that during this period, juries in Ireland played a relatively active role. It examines individual reports of civil and criminal trials and considers the nature of juror participation during this period, establishing that jurors frequently questioned witnesses, berated counsel, interrupted judges, demanded better treatment and added their own observations to the proceedings. This article compares the nature and level interaction from different categories of jury – civil and criminal, common and special. It asks why Irish jurors continued to be active participants until late in the nineteenth century, and how the bench and bar received their input. It also suggests that English jurors may also have played a more active role during this period than previously thought. Finally, the article considers some possible reasons for the silencing of Irish jurors by the late nineteenth century.

Click here to download this paper
Categories: Comparative Law News

CALL FOR PAPERS: Normative Interfaces of Globalization and High-Tech Capitalism: Legal Pluralism and the Neo-Liberal Turn

Juris Diversitas - Fri, 02/13/2015 - 05:27
International Conference of the Commission on Legal Pluralism in collaboration with the Department of Humanities and Social Sciences, Indian Institute of Technology Bombay 
Theme: Normative Interfaces of Globalization and High-Tech Capitalism: Legal Pluralism and the Neo-Liberal Turn Location: Indian Institute of Technology (IIT), Bombay, India Dates: 14-16 December 2015
The 2015 international conference will pay particular attention to emerging areas that have gained in momentum due to processes of globalization, the emergence of ‘knowledge economies’, and the evolution of high-tech capitalism. Not surprisingly, debates and evolving policies on information technology, biotechnology, genetic engineering and intellectual property rights are forced to deal with issues of legal pluralism, perceiving a risk in high-technology regimes, which further exacerbate socioeconomic inequalities and marginalize the already disadvantaged, especially in developing societies and ‘emerging economies’. 
The conference will also address established themes that continue to cause significant concern, such as conflicts and contestations over property, land and natural resources; governance; religion, culture, custom and ethnicity; state and non-state laws; gender; kinship; patriarchy; human rights; development aid and cooperation; as well as migration; mobility; and transnationalism, while exploring how emerging and ‘old’ themes in the field of legal pluralism relate to each other in theory and practice. 
The neoliberal turn in contemporary patterns of economic transformation and globalization has generated new debates regarding norms, the capacity to evolve, deploy and resist normative regimes, and new forms of normative interfaces. Attention to these areas brings legal pluralism research into the hitherto neglected territorial domain of urban nodes of capital and knowledge flows. New forms of regulation, surveillance, and the ironic and contradictory implications of transparency, accountability and participation all interact with existing social structures to offer interesting problems for scholars of legal pluralism. The use of social media in recent social and political movements around the world also offers rich scope for understanding such linkages and interactions. At the same time, the increasing ‘noise’ around indigenous, alternative, or southern perspectives in social sciences and humanities has generated new approaches in theory and practice to themes such as law, ethics, norms and values, governance and ideas of order. These have found wide resonance in debates and struggles on issues related to development visions, resource expropriation, economic growth, and technological models. 
Scholars and practitioners are invited to present contemporary work on the above and following related themes to the 2015 Conference: 1. Theoretical and Methodological Approaches to Legal Pluralism 2. Governance and Politics: Juridification, Neo-liberalism and Political Aspirations 3. Natural Resources, Land and Property: Old and New Forms of Legal Pluralism 4. Human Rights and Development: Emerging Discourses 5. Religion and Culture: Social and Legal Transformations 6. Science, Technology, and Law 
A more detailed description of the above themes and the panels linked to each theme is provided in the attachments to this call for papers. You are also welcome to send papers that may not appear to be directly or indirectly linked to the listed panels. It is hoped that this event will offer a dynamic and vibrant space for further expansion of perspectives in debating issues and challenges relating to legal pluralism. 

Please send your paper proposals to lpconfmumbai@gmail.com (for the attention of Prof. Waheeda Amien and Prof. D. Parthasarathy) by no later than April 15, 2015.
Categories: Comparative Law News

CALL FOR PAPRES: Islamic Law and Minorities: Past and Present

Juris Diversitas - Fri, 02/13/2015 - 05:25
Oriente Moderno 2016EditorsCarlo De Angelo (University of Naples “L’Orientale”)Serena Tolino (University of Zurich)In 1945 the American sociologist Louis Wirth defined a minority as “a group of people who, because of their physical or cultural characteristics, are singled out from the others in the society in which they live for differential and unequal treatment and who therefore regard themselves as objects of collective discrimination”. However, Wirth focused not so much on relational numbers, but more on the different possibilities for minorities to have access to power. Since then, research has proceeded in several directions and minority studies became an independent field of study, especially with regard to ethnic minorities. Nevertheless, as both scholars and activists demonstrated the differentiation between a dominant group and a minority can be based not only on race and ethnicity, but also on other characteristics, like for example gender, religion, language, sexual orientation, wealth and health. At the same time, “minority” and “minorities” proved to be fruitful concepts also when used as analytical categories, in order to look at subaltern groups.It is exactly the concept of “minorities” which is at the core of this special issue of Oriente Moderno, to be published in 2016. The main aim of the issue is to explore the relationship between Islamic Law and Minorities in different directions. We propose four directions of enquiry, but we are also open to other proposals:Jurisprudence for Muslim minorities.We hope to attract papers that engage with the fiqh al aqalliyyāt. It is a new branch of Islamic law, which provide guidance for Muslims living as minorities in non-Muslim countries (especially in the West)to live in accordance with the sharīʻa. Topics could include (but are not limited to):·      The history of fiqh al aqalliyyāt·      The concept of Muslim minority as developed by fuqahāʼ·      The analysis of the fatwas issued by some jurists or by some Islamic juridical councils (located in the West or in Islamic territories) concerning different topics (political participation, citizenship, military service, relations with non-Muslims, mixed marriage, clothing, etc.)·      Comparison between different schools of thought regarding the fiqh al aqalliyyāt·      Analysis of the discourse of those jurists who are against the development of fiqh al aqalliyyātThe status of the dhimmī and the other religious minorities.According to Human Rights Watch, ISIS is killing and threatening religious minorities (particularly Yazidis and Christians) in the territories that it has occupied, for example Mosul. The Islamic State has claimed that their actions are justified by Islamic Law. In light of this, we call for papers dealing with the juridical framework of the Muslim treatment of non-Muslims in Islamic territories, both People of the Book (extended to Zoroastrians, Mandeans and Sikhs) and others (polytheists and renegades).
Sexual minorities in Islamic Law.We hope to attract papers that deal with those categories that could be categorized under the acronym “LGBTQI”. Even though we are aware that a discussion on the applicability of these categories should be opened, we are here using the LGBTQI acronym not as an analytical category per se, but more as an “orientation map”. Therefore, we call for papers dealing with “non-normative sexualities” and “sexual acts” in Islamic Law, using both historical concepts (e.g. the status of the hermaphrodite, the eunuch, the muḫannath, liwāṭ, siḥāq etc.), and modern concepts, like intersexuality, homosexuality, transsexuality and so on.                                                                                                   Minorities as legal actors.We are not only interested in exploring how Islamic Law deals with minorities as “subjects of law”, butalso in approaching minorities as “productive” legal actors. In this sense, we aim to attract papers dealing with the legal production of minority madhāhib or groups, like, for example, ismā‘īlis, ẓāhiris, ibāḍis or zaydis.Please send your paper proposal relating to one or more of the above themes as a word document, along with a short CV (max 1 page) to Carlo De Angelo (cdeangelo@unior.it) and Serena Tolino (serena.tolino@uzh.ch). Proposals should include the following: title of the paper, name, surname, institutional affiliation of the contributor, author’s email contact, abstract of max 500 words, 3 keywords. The abstract should include a short description of the topic and the sources which will be analysed. Abstracts and papers should be written in English.We are keen to publish only articles dealing with Islamic Law, both classical and contemporary, and notwith positive law of Islamic countries (i.e. How minorities are treated in the national law of a given country). Previously published papers may not be submitted.Feel free to contact the editors for informal inquiries before the submission of your proposal.The deadline for the submission of abstracts is the 15th of March 2015. Notification of acceptance will be sent before the end of March. The deadline for submitting the articles (8000-10000 words) is 15th September 2015. Acceptance of abstract does not automatically imply the publication of the paper, which will go throughthe double-blind review process before final acceptance.
Oriente Moderno was founded in 1921 by Carlo Alfonso Nallino and is currently directed by Prof. ClaudioLo Jacono, Director of the “Istituto per l’Oriente C.A. Nallino”, Rome. The Editorial and the Scientific Committee include university professors and researchers from different Italian and International Universities. The journal publishes scientific and original articles on all aspects of political, social, literary, and cultural aspects of the modern and contemporary Middle East, together with translated documents, news on Islamic and Arabic research in Italy and reviews of books. Oriente Moderno is currently published by Brill and indexed, between the others, by Index IslamicusMLA International Bibliography and Dietrich’s Index Philosophicus.
Categories: Comparative Law News

ARTICLE ANNOUNCEMENT: Researching Chinese Law Using Legal Periodicals in English and Chinese: A Critical Overview

Juris Diversitas - Fri, 02/13/2015 - 04:55
By Evelyn L. Ma and Xiaomeng Zhang,  on Legal Reference Services Quarterly, 34:1-24, 2015
With a goal to provide a framework for legal scholars and practitioners to effectively utilize Chinese legal journal literature, this bibliographic essay critically examines Chinese legal periodicals in English and the vernacular, followed by a brief survey of the prevailing trends of legal research and legal periodicals publishing in China.

Click here to download this article
Categories: Comparative Law News

ARTICLE ANNOUNCEMENT: Law, Religion, and Feeling Included/Excluded: Case Studies in Canadian Religious Freedom Litigation

Juris Diversitas - Fri, 02/13/2015 - 04:51
By Howard Kislowicz, published on Canadian Journal of Law and Society (Forthcoming 2015) 
Based on a small qualitative study of three religious freedom cases, this article uses litigant narratives as springboards for reflection on the theme of inclusion in the Canadian political community. The article attends to the affective dimension of inclusion, focusing on whether participants felt included or excluded. Successful litigants told narratives of Canada as a country in which they could be included in public life without forgoing their religious practices. The narratives of unsuccessful litigants were more complex. These particular litigants did not have a desire to participate in public practices and institutions. Rather, these narratives understood religious freedom on a contractual basis, portraying their loss in court as a breach of covenant. Moreover, though these narratives contained themes of rejection and exclusion, participants said that they had faith enough in their eventual success that they would stay in Canada rather than emigrate.

Click here to download this article
Categories: Comparative Law News

CONFERENCE: XXIst Annual Forum of Young Legal Historians: Law in Transition (Tel Aviv, 1-3 March 2015)

(image source: Buchamm Faculty of Law)
The traditional European Forum of Young Legal Historians is organized by the Buchmann Faculty of Law (Tel Aviv University).

Conference description:
The upcoming conference aims at a comprehensive discussion of law in transition. A wide variety of transitions of historical significance will be explored: political, economic, social, cultural, and more. “Law”— legal symbols, discourses, players, institutions, theories, and texts—has played a significant role in historical transitions, and legal historians have been crucial in exploring its multiple and contradictory effects. The stakes are not just historical, but current: these studies encourage transitions in the way law itself is conceived, theorized, and researched. The outlined program has been published here.
A full overview of all seventeen panels, covering a wide array of issues, is here.

Categories: Comparative Law News

JOURNAL: Traces. Journal of Humanities nr. 27/2, 2014: Thinking with Law

Tracés. Revue de Sciences Humaines (ENS Éditions) published its latest issue on "Thinking with law".

Confronted with lawyers’ long cherished postulate of the autonomy of law and and of its utter « isolation » from the social world, social scientists have often been deterred from investigating legal thought as such. On the other hand, law faculties – particularly French ones —have proved rather reluctant to take up insights from sociology, anthropology and history into their curriculums. However, the last two decades have been witness to significant changes. Setting foot on legal soil, an increasing number of adventurous social scientists have tackled issues regarding both the social uses of law and the technicalities of its machinery. This issue of Tracés gives a snapshot of this changing relationship between law and the social sciences, thereby hinting at promising new prospects for research. Several papers examine how critical thinking has profited from defining law not as a mere instrument of domination, but also as a resource for defining, analysing and occasionally opposing a given situation. Other papers show this shift of perspective to be contingent on a better command of legal operations — e.g. legal fictions or legal qualifications — by social scientists and on their specific understanding of legal reasoning. Getting a better grasp of law might therefore require two tasks: first, combining an attention to the political uses of law with an analysis of the lawyers’ paraphernalia of formal and technical devices; secondly, discriminating more acutely between different types of normativity, in other words offering a comparative history of legal concepts and legal evolution.  Contents:
"Droit et sciences sociales : les espaces d’un rapprochement" (Guillaume Calafat, Arnaud Fossier & Pierre Thévenin)

"Comment la sociologie peut déplier le droit" (Arnaud Esquerre)

"Peut-on dépasser le droit civil ? Les controverses juridiques autour de la réparation des dommages de guerre (1914-1919)" (Guillaume Richard)

"Le code en tant qu’accomplissement pratique. Respécification ethnométhodologique et cas d’étude égyptien" (Baudouin Dupret)

"L’invention du droit en Occident. Une lecture d’Aldo Schiavone" (Thibaud Lanfranchi)

"Le droit au service de l’égalité ? Comparaison des sociologies du droit de la non-discrimination française et états-unienne" (Vincent-Arnaud Chappe)

"Gender and judging, ou le droit à l’épreuve des études de genre" (Arthur Vuattoux)

"Les droits de l’homme : un cas limite pour le positivisme juridique" (Anna Zielinska)

"Du droit comme discours et comme dispositif" (Sonia Desmoulins-Canselier)

"John Dewey et l’expérience du droit. La philosophie juridique à l’épreuve du pragmatisme " (Liora Israël et Jean Grosdidier)

"Gouvernement-manageur et citoyens-consommateurs. Le cas du Criminal Justice Act 1991" (Nicolas Lacey)

"Indisponibilité, service public, usage. Trois concepts fondamentaux pour le « commun » et les « biens communs" (Paolo Napoli)

"Le droit en situation. Entretien avec Pierre Lascoumes" (Guillaume Calafat/Arnaud Fossier)
More information (fulltext-acces to the introductory article, abstracts) on revues.org or cairn.info (fulltext for subscribers).
Categories: Comparative Law News

LECTURE: Esin Örücü, ‘One Into Three: Spreading the Word – Three Into One: Creating a Civil Law System’

Juris Diversitas - Wed, 02/11/2015 - 09:46
I’m delighted to announce that Professor Esin Örücü, of the University of Glasgow and our illustrious Advisory Council, will deliver the 38th Tucker Lecture next month. Not only does this fall on St Patrick’s Day (17 March 2015), but it also takes place at my alma mater, the Paul M Hebert Law Center of Louisiana State University.
In addition, this marks the fiftieth anniversary of the Center of Civil Law Studies, directed by our own Vice President Olivier Moréteau. The Center has been, and remains, very important to the different traditions that make up Louisiana law (and the law of many other jurisdictions).
Professor Örücü’s presentation is entitled ‘One Into Three: Spreading the Word – Three Into One: Creating a Civil Law System’. The LSU Law Worldwide Blog describes it in the following manner:
This lecture will consider “one into three”, since the now monolingual Louisiana Civil Code is being translated into French and Spanish, defining this as ‘spreading the word’. The Louisiana Civil Code Translation Project Conference in 2014 called this expansion, ‘enhancing visibility’. A well-known instance of this kind is also the monolingual Dutch Code being converted, by translation, into a trilingual Code (Dutch, French and English), that is another “one into three”. There is also the instance of the translation of the bilingual Quebec Code (originally in French and English) into Spanish, thus creating yet another trilingual Code, rivalling the Louisiana one, this time “two into three”. Then there is the Fisher’s translation of the Civil Code of Philippines from Spanish into English, “one into two”.
The lecture will start by looking at some general concerns such as language, culture, transpositions, neologisms, equivalence, mistranslations and then move onto illustrating these issues through the experience of Turkey with her process of total and global modernization, westernization, secularization, democratization and constitutionalism.
In this way, before considering the Louisiana case, the lecture will deal with the translation into Turkish from the already trilingual Swiss Civil Code, seemingly a “three into one” case, though only the French version was used by the Turkish translators. This is defined as ‘creating a civil law system’, converting within the span of five years, via five Codes, the efforts of reform resting solely on import and translation from major continental Codes both as to form and content, creating a civilian legal system out of a mixed one.
Finally, a crucial question related to all translated codes will be posed: why translate a code? Aims and reasons which vary will be analysed bringing the lecture to a close.
Categories: Comparative Law News

WORKSHOP: The Making of Commercial Law; Small, Medium-Sized and Large Companies in Law and Economic Practice (Brussels, 21-22 May 2015)

(image source: archdaily.com)
 The Free University of Brussels (VUB), Research Group CORE (Contextual Research in Law) organizes a two-day workshop in the project "The Making of Commercial Law" (Helsinki/VUB/Frankfurt/Lille-II).


The goal of this workshop is to bring together scholars who have worked on the interactions between law and economic practice, and to address topics concerning the history of business ventures, from the Middle Ages until c. 1900. The papers of participants assess differences with regard to the size of partnerships and companies. Over the past years, limited and general partnerships have received ample attention from economic and legal historians. Organizational laws containing structural models for small enterprises (e.g. the French sprl and German GmbH) have been held up to the light. Doctrine and case law concerning partnerships have been analyzed. It seems that in both legal and economic practice, and for all periods mentioned, smaller companies mattered more than has previously been thought, and even in periods in which corporations existed. In view of this, many ideas about companies and firms – large and small – can be reconsidered. Topics that will be discussed during the workshop are, among others, legal personhood, limited liability, corporate finance, and corporate governance. 
The workshop is the second in a series on the history of commercial law, organized during the 2014-2017 period in Helsinki, Brussels and Frankfurt. The conferences will be organized in the framework of the project “The making of commercial law: common practices and national legal rules from the early modern period to the modern period".  Programme:

Thursday 21 May 20159h coffee

9h30-10h50 first session 
  • Ulla Kypta (Goethe-Universität Frankfurt), Associates or Agents? Trading Enterprises in Northern and Southern Germany in the Late Middle Ages 
  • Bart Lambert (University of York) Making Size Matter Less: Italian Merchant Guilds as Tools for Capital Redistribution in Late Medieval Bruges 

10h50-11h05 coffee
11h05-12h35 second session 
  • Anja Amend-Traut (Würzburg Universität), Structure of Early Enterprises – from Commenda-like Arrangements to Chartered Joint-Stock Companies (Early Modern Period) 
  • Luisa Brunori (Université Paris Sud 11 – Université Lille 2), The Secunda Scholastica and the Commercial Company: Persons and Capital in the 16th and 17th Centuries

12h35-14h lunch
14h-15h20 third session 
  • Bram Vanhofstraeten (Maastricht University), Small-scale and Medium-sized Industrial Enterprises in Seventeenth-Century Liège 
  • Julie Hardwick (University of Texas), 'She Failed to Make a Book': Account Books, Small Enterprises and Emerging Practices of Record Keeping in Early Modern Lyon 

15h20-15h35 break 
15h35-17h fourth session 
  • Stefania Gialdroni (Roma Trè, Arcadia University), Incorporation and Limited Liability in the English EIC: an Uneasy Relationship 
  • Jelten Baguet (Vrije Universiteit Brussels), Corporate Governance in a Small-Scale Pre-Modern Maritime Enterprise: The Case of the Ostend Company (1722-1731) 

Friday 22 May 2015 9h coffee

9h30-10h50 fifth session 
  • Carlos Petit (Universidad de Huelva), From Commercial Guild to Commercial Law. Spanish Company Regulations, 1737-1848. 
  • Annamaria Monti (Bocconi University), Italian Late 19th-Century Companies: Size and Corporate Governance 
10h50-11h05 coffee

11h05-12h25 sixth session 
  • Ron Harris (Tel Aviv University), Private companies in 19th century England
  • Dag Michalsen (Oslo University), The Development of Norwegian Company Law 1875-1910 
12h30-14h lunch

14h-15h20 seventh session 
  • Joeri Vananroye (KU Leuven), Partnerships in 19th-20th c. French and Belgian Doctrine 
  • Dave De ruysscher (Vrije Universiteit Brussels), Small Companies, Contractual Leeway and Third-Party Protection (Belgium, c. 1830-c. 1850) 
15h20-15h45 break 

15h45-17h10 eighth session 
  • Edouard Richard (Université de Rennes), The Banque d’Union générale: legal aspects of its shut-down (1878-1885).
  • Matthijs de Jongh (Hoge Raad, The Hague), Fuzzy Borders: Dutch Partnership and Company law in the Second Half of the 18th Century. 
Practical information:
SQUARE Brussels Meeting Centre (www.square-brussels.com/, Glass Entrance, rue Mont des Arts, B-1000 Brussels), Brussels

Entrance is free, but registration is required. The final date is 15 April 2015. Please send an email to dderuyss@vub.ac.be. Papers will be sent to participants. Source: Nomôdos.
Categories: Comparative Law News

ARTICLE ANNOUNCEMENT: Emerging African Jurisprudence Suggesting the Desirability of the Abolition of Capital Punishment

Juris Diversitas - Tue, 02/10/2015 - 05:53
Emerging African Jurisprudence Suggesting the Desirability of the Abolition of Capital Punishment from the African Journal of International and Comparative Law by C. Anyangwe.
Click here for further information and to download the article.
Categories: Comparative Law News