Comparative Law News

CFA: “Traffic in Women and International Law" (deadline November 15, 2017)


"Traffic in Women" and International Law

Call for Articles


Six international conventions to combat the so-called “Mädchenhandel”,“white slavery”, “traffic in women” and “human trafficking” were adopted over the course of the 20th century. During the first half of the 20th century the issue received political and public attention to a degree as to make it possible to regulate it through international law. Five of the six international conventions were adopted between 1904 and 1949, while the last one was signed only in 2000. The phenomenon of the “trafficking in women” thus was one of the first fields for the regulation through international law along with more traditional issues, such as war and peace. A joint consideration of “trafficking” and international law thus offers a promising research topic.
Nevertheless, the international law dimension has only played a minor role in historical research on “trafficking”. So far, “trafficking” has been analysed with a view towards the multiple national as well as transnational civil society efforts and initiatives to combat „Mädchenhandel“, „white slavery“ or „traffic in women“. Some analyses have situated these efforts in the context of a “moral panic” and have, in some cases, questioned the existence of the underlying phenomenon. Studies focusing on the politics and implementation of anti-trafficking initiatives in national and local contexts, concentrated on certain regions. Research focusing on practices and implementation have pointed to an intricate connection between the politics of prostitution, migration and, more generally, sexual politics. A number of studies have analyzed the raced, gendered and classed dimensions of discourses, representations and politics in this field.
All these studies have pointed to core issues connected to histories of “trafficking”, such as prostitution, sexuality, migration, police, law and order as well as social and political efforts of civil society and media representations. A more general view of the research on the histories on trafficking reveals, however, a rather fragmented field, in particular with regard to the dimensions of international law, which often do not go far beyond teleological success stories of an international struggle against this “evil”.
This edited volume seeks to integrate all these aspects by approaching the field through actors and institutions: A number of actors in the fields of social and security politics, including networks of legal experts, contributed to the development and expansion of institutions to regulate “trafficking”.
Debates on “trafficking” were and still are structured by “mental maps” based on ideas of a poverty and civilizational gap. It stands out that at the turn of the 19th to the 20th century mostly Jewish women from Galicia were perceived of being victims of the traffic. With the process of decolonization after 1945 debates on trafficking and migrant prostitution were structured mostly through the lens of North-South-relations (“first world”-“third world”), which then again were re-structured as a gap between East and West after 1989. Against this backdrop it must be asked what it meant for the territorialization of international law that “trafficking” as a field of regulation was often connoted as “Eastern European”.


Furthermore, it is necessary to consider spatio-temporal shifts in legal definitions and public discourses at a national and international level as well as their implementation and the local practices connected with it, i.e. practices at the border, in the local (legal or illegal) brothel, at the rescue and counselling organisations, in court or in jail.
In order to deliver such a multidimensional perspective, it can be useful to offer an analysis of the legal language, legal discourse and the language used in policing practices. This includes semantic analyses of conceptual changes and shifts from “Mädchenhandel”, “white slavery” or “traite des blanches” to “Frauenhandel”, “traffic in women” and, eventually, “human trafficking”. The semantics of “slavery” deserves particular attention, because of the recurring reference to it in concepts such as “white slavery” or “Sexual Slavery”, but also due to the self-description of activists as “abolitionists”. For a perspective focusing on international law, we expect that an analysis of conceptual shifts embedded in the legal and social context and taking into account their global dimensions of transfers of meanings across borders to be particularly fruitful.
Aiming at unravelling the connection between international law and “trafficking” as part of the multi-layered dimensions of the issue at hand, we aim at discussing the controversial, but unavoidable question of what “trafficking” was and whether, if at all, it is and was captured empirically. The goal is less to find definite answers, but rather to fruitfully engage the legal and international focus to make the conceptual vagueness of “trafficking” as well as the spatio-temporal cycles of public attention devoted to trafficking the object of analysis. In this way, contradictions and discrepancies between and across various parallel discourses and practices become the centre of analysis. Who and whose experience was captured by anti-trafficking discourses and practices, and who was not? What did it mean for those affected to be discursively and/or legally categorized and contained as a “white slave”, “traded thing” or as “victim of trafficking”? What legal entitlements and what legal practices were connected to such categorization and how did these practices and the actors connected to them change in space and time?
Through such a multidimensional perspective, this edited volume aims at productively engaging with questions relating to changes in (international) law, statehood and the transnational sphere and show how “trafficking” was (and possibly still is) made in all these contexts.
We call for proposals for submissions for an edited collection. In particular, we seek proposals from various social sciences and humanities working on the issue outlined in the present call. We seek theoretically, methodologically and (for empirical submissions) empirically grounded submissions offering innovative and provocative analysis of the intersection of international law and the history (and present) of “trafficking”. A regional or temporal focus is not required.
Abstracts:
- 500 words (German or English);
- Short outline of the specific object of analysis, research question,sources/data, and method
- Deadline for the abstract April 15th 2017
- Notification of acceptance: April 22nd 2017
Deadline for the submission of the manuscript (German or English; max.70,000 characters): November 15th 2017
Editors of the collection: Sonja Dolinsek, Kathleen Zeidler inco-operation with Dietlind Hüchtker and Dietmar Müller
Contact Info:Sonja Dolinsek, Erfurt University: sonja.dolinsek@uni-erfurt.de
Kathleen Zeidler, University of Leipzig, GWZO,kathleen.zeidler@leibniz-gwzo.de
Categories: Comparative Law News

BOOK: "Tradicion romanista y derecho privado comparado" by Gábor Hamza


Gabor Hamza, Tradicion romanista y derecho privado comparado
all information here


Categories: Comparative Law News

CONFERENCE: "Quelques considérations sur certains choix systématiques concernant l’enrichissement sans cause" (Paris, March 27 2017)


WHAT Quelques considérations sur certains choix systématiques concernant l’enrichissement sans cause, conference
WHEN March 27, 2017, 17:30
WHERE Paris, Université Paris Descartes, Law faculty, Salle des Actes, 10, Avenue Pierre Larousse, Paris
speaker

Prof. Vincenzo Mannino, Roma Tre University
Categories: Comparative Law News

JOURNAL: Journal of the History of International Law / Revue d'histoire du droit international XIX (2017), No. 1

(image source: Brill)
Brill announced the publication of the first issue of the 2017 volume of the Journal of the History of International Law.

Articles:
"The Forgotten Genocide in Colonial America: Reexamining the 1622 Jamestown Massacre within the Framework of the UN Genocide Convention" (John T. Bennett)
"Imperial Colonialism in the Genesis of International Law – Anomaly or Time of Transition?" (Paulina Starski & Jörn Axel Kämmerer)
"Piracy and Empire: The Campaign against Piracy, the Development of International Law and the British Imperial Mission" (Michael Mulligan)
"Beyond the Myth of a Non-relationship: International Law and World War I" (Oliver Diggelmann)

Book reviews:
"Imperial Justice: Africans in Empire’s Court , written by Bonny Ibhawoh" (Evelyn Mogere)
"Formalizing Displacement: International Law and Population Transfers , written by Umut Özsu" (Alain Zamaria)

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

JOURNAL: Journal of Legal History XXXVIII (2017), No. 1

(image source: Uni Glasgow)
Routledge announced the publication of the first issue for 2017 of the Journal of Legal History.

Articles:
"Article Carlen v Drury (1812): The Origins of the Internal Management Debate in Corporate Law" (Victoria Barnes & James Oldham)

"Defending the Accused: The Impact of Legal Representation on Criminal Trial Outcomes in Victoria, Australia 1861–1961"
(Alana Piper & Mark Finnane)

"‘Female Husbands’, Community and Courts in the Eighteenth Century"
(Caroline Derry)

"Scottish Legal History Group Report 2016"

"Migrations of Manuscripts 2016"
(John Baker)

Book review
"Rehabilitation and Probation in England and Wales, 1876-1962" (Conor Hanly)

More information on the Routledge website.
Categories: Comparative Law News

JOURNAL: American Journal of Legal History LVII (2017), No. 1

(image source: OUP)
Oxford University Press announced the publication of a new issue of the American Journal of Legal History (vol. LVII, Issue 1).

Articles:

  • "Franklin Redivivus: The Radical Constitution, 1791-1799" (Adam Lebovitz)
  • "The Making of European Law: Exploring the Life and Work of Michel Gaudet" (Anne Boerger, Morten Rasmussen)
  • "In a Summary Way, with Expedition and at a Small Expence": Justices of the Peace and Small Debt Litigation in Late Colonial New York" (Sung Yup Kim)
Book Reviews:
  • "Wendell Bird, Press and Speech Under Assault: The Early Supreme Court Justices, the Sedition Acts of 1798, and the Campaign Against Dissent" (Terri D. Halperin)
  • Laura E. Free, Suffrage Reconstructed: Gender, Race, and Voting Rights in the Civil War Era (Ann D. Gordon (Emerita))
  • Susanna L. Blumenthal. Law and the Modern Mind: Consciousness and Responsibility in American Legal Culture (Guyora Binder)
More information on the OUP website.
Categories: Comparative Law News

CONFERENCE: Société Internationale Fernand De Visscher pour l'Histoire des Droits de l'Antiquité (Bologna/Ravenna, 12-16 Sep 2017)

(image source: Wikimedia Commons)
The SIDHA has announced that its 71st session wil take place in the beautiful cities Bologna and Ravenna, from 12 to 16 September 2017.

More details on the conference website.
Categories: Comparative Law News

CALL FOR ABSTRACTS EXTENDED: European Forum of Young Legal Historians (Naples); 31 MAR 2017

(image source: AYLH)
The Call for Paper for the European Forum of Young Legal Historians in Naples has been extended to 31 March 2017.

More information on the AYLH's website.

(Source: Grama László)
Categories: Comparative Law News

BOOK: C.H. ALEXANDROWICZ (ed. David ARMITAGE & Jennifer PITTS), The Law of Nations in Global History. Oxford: OUP, 2017, 464 p. ISBN 9780198766070, £ 80

(image source: OUP)
Oxford University Press publishes an edition of the work of C.H. Alexandrowicz, edited by David Armitage and Jennifer Pitts (The Law of Nations in Global History).

Book summary: 
The history and theory of international law have been transformed in recent years by post-colonial and post-imperial critiques of the universalistic claims of Western international law. The origins of those critiques lie in the often overlooked work of the remarkable Polish-British lawyer-historian C. H. Alexandrowicz (1902-75). This volume collects Alexandrowicz's shorter historical writings, on subjects from the law of nations in pre-colonial India to the New International Economic Order of the 1970s, and presents them as a challenging portrait of early modern and modern world history seen through the lens of the law of nations. The book includes the first complete bibliography of Alexandrowicz's writings and the first biographical and critical introduction to his life and works. It reveals the formative influence of his Polish roots and early work on canon law for his later scholarship undertaken in Madras (1951-61) and Sydney (1961-67) and the development of his thought regarding sovereignty, statehood, self-determination, and legal personality, among many other topics still of urgent interest to international lawyers, political theorists, and global historians.
Table of contents:
1: 'This Modern Grotius': An Introduction to the Life and Thought of C.H. Alexandrowicz, David Armitage and Jennifer Pitts
PART ONE: THE EARLY HISTORY OF THE LAW OF NATIONS
2: Kautilyan Principles and the Law of Nations (1965-66)
3: Paulus Vladimiri and the Development of the Doctrine of the Coexistence of Christian and Non-Christian Countries (1963)
4: Mogul Sovereignty and the Law of Nations (1955)
PART TWO: ASIA AND THE LAW OF NATIONS
5: 'Jus Gentium' and the Law of Nature in Asia (1956)
6: Some Problems in the History of the Law of Nations in Asia (1963)
7: Le Droit des Nations aux Indes Orientales: Aux XVIe, XVIIe, XVIIIe siècles (1964)
8: Grotius and India (1954)
9: Freitas Versus Grotius (1959)
10: The Discriminatory Clause in South Asian Treaties in the Seventeenth and Eighteenth Centuries (1957)
11: A Persian-Dutch Treaty in the Seventeenth Century (1958)
12: Puffendorf-Crull and the Afro-Asian World (1968-69)
13: A Treatise by J. H. G. Justi on Asian Government (1960-61)
14: Doctrinal Aspects of the Universality of the Law of Nations (1961)
15: G. F. de Martens on Asian Treaty Practice (1964)
16: The Continuity of the Sovereign Status of China in International Law (1956)
17: The Legal Position of Tibet (1954)
18: Is India a Federation? (1954)
PART THREE: AFRICA AND THE LAW OF NATIONS
19: Le Rôle des Traités dans les Relations entre les Puissances Européennes et les Souverains Africains (Aspects historiques) (1970)
20: The Partition of Africa by Treaty (1974)
21: The Role of Treaties in the European-African Confrontation in the Nineteenth Century (1975)
22: The Role of German Treaty Making in the Partition of Africa (1980)
23: The Juridical Expression of the Sacred Trust of Civilization (1971)
PART FOUR: THE RECOGNITION OF NEW STATES IN INTERNATIONAL LAW
24: Empirical and Doctrinal Positivism in International Law (1974-75)
25: The Theory of Recognition in Fieri (1958)
26: The Quasi-Judicial Function in the Recognition of States and Governments (1952)
27: Israel in Fieri (1951)
28: New and Original States: The Issue of Reversion to Sovereignty (1969)
29: The New States and International Law (1974)
30: The Charter of Economic Rights and Duties of States (1975)
Bibliography of the Writings of C. H. AlexandrowiczOn the author and the editors:
Charles Henry Alexandrowicz (1902-1975) was a Polish scholar who pioneered research in the critical history of international law in the 1950s and 1960s. His works included World Economic Agencies, Law and Practice (1962); An Introduction to the History of the Law of Nations in the East Indies (1967); The Law of Global Communications (1971); and The Law-Making Functions of the Specialised Agencies of the United Nations (1973).
David Armitage is the Lloyd C. Blankfein Professor of History at Harvard University, where he teaches intellectual and international history. He is also an Affiliated Faculty member at Harvard Law School and an Affiliated Professor in Harvard's Department of Government. Among his publications are The Ideological Origins of the British Empire (2000), The Declaration of Independence: A Global History (2007), Foundations of Modern International Thought (2013), The History Manifesto (co-auth., 2014), and Civil Wars: A History in Ideas (2017).
Jennifer Pitts is Associate Professor of Political Science at the University of Chicago. She is author of A Turn to Empire: the rise of imperial liberalism in Britain and France (2005) and editor and translator of Alexis de Tocqueville: writings on empire and slavery (2001). She is currently completing a book,Boundaries of the International, that explores European debates over legal relations with extra-European societies during the eighteenth and nineteenth centuries. More information with OUP.
Categories: Comparative Law News

CONFERENCE: Training, ideas and practice. The Law of Nations in the Long Eighteenth Century (Paris, 18/19 May 2017)

Colloque Junior CIERA Training, ideas and practice.  The Law of Nations in the Long Eighteenth Century




Day 1: 18 May 2017 (Maison de la Recherche/CIERA) 12:45 Welcoming
13:20 Keynote lecture by Luigi Nuzzo (Salento)
14:00  Session 1: Training (president: Luigi Nuzzo/Salento)  Zülâl Muslu (Paris Ouest Nanterre), Language and Power: the Spread of European Diplomatic Cuture in the Ottoman Empire through the ‘Ecole de jeunes de langues’  
Dante Fedele (KULeuven), La formation diplomatique dans la littérature sur l’ambassadeur et l’art de négocier (fin XVIIe-début XVIIIe siècle)  
Annika Haß (Université de la Sarre/EPHE), Librairie internationale et diplomatie (1789-1830)  
Raphael Cahen (VUB/FWO), Hauterive et l’École des diplomates


17 :10-17 :10  Coffee Break


17 :20-18 :50  Session 2 : Circulation of Ideas and Diplomatic Networks (president: Christine Lebeau)  Benjamin Durst (Universität Augsburg), Gedruckte Vertragssammlungen als Medien des Völkerrechts in Theorie und Praxis  
Stephan F. Mai (Universität Wien), Diplomatic Immunity between Theory and Practice: Abraham de Wicquefort (1606-1682) as a Case Study 
19:30  Conference dinner (presenters only)  
Day 2 : 19 May 2017 (Fondation Biermans-Lapôtre/CIUP) 
08:00-08:30  Welcome and Coffee 
08:30-10:00 Session 2 (part 2): Circulation of Ideas and Diplomatic Networks (president: Christine Lebeau, Université Paris I Panthéon-Sorbonne)  Frederik Dhondt (VUB/UAntwerpen/UGent-FWO), A Pragmatic Utopian ? Saint-Pierre’s vision on Perpetual Peace and its Practical Legal Background in Regency Diplomacy  
Alice Bairoch de Sainte-Marie (Université de Genève), La conception des devoirs du négociateur en Nouvelle-France: heritage métropoitain ou cas particulier ? 
10 :00-10 :10  Coffee Break 
10 :10-13 :20  Session 3 : Transformation of the Law of Nations (president: Miloš Vec, Universität Wien/IWM)  Patrick Milton (Freie Universität Berlin), The Guarantee of the Peace of Westphalia in the Law of Nations and its Impact on European Diplomacy  
Elisabetta Fiocchi Malaspina (Universität Zürich): Trans-forming the Law of Nations in Diplomacy: the Case of the 18th Century Italian Peninsula  
Omer Duran (Istanbul University): The Legal Status of the ‘Memleketeyn’ (Wallachia and Molodvia) according to the Ottoman-Islamic Law of Nations  Victor Simon (Université de Reims Champagne-Ardenne): La dignité impériale des rois de France en Orient: titulatures et traductions dans la diplomatie franco-ottomane

13:20-14:30
Lunch


14:30-15:15 

Final debate - Conclusion

(Miloš Vec-Universität Wien/IWM)
Venue  Day 1: Maison de la Recherche (28, Rue Serpente ; 75006 PARIS)  Day 2 : Fondation Biermans-Lapôtre (9A, Boulevard Jourdan ; 75014 PARIS) 


Categories: Comparative Law News

New Comparative Law Titles at Oxford

Juris Diversitas - Thu, 03/09/2017 - 15:34

Fiduciaries of Humanity: How International Law Constitutes Authority
Criddle,  Fox-Decent
9780199397921

Fiduciaries of Humanity: How International Law Constitutes Authority discusses a new model of public international law where individuals as well as states are proper subjects, while human dignity has come to rival state autonomy as an organizing principle of international law.

Translating the Social World for Law: Linguistic Tools for a New Legal Realism
Mertz
9780199990559

Translating the Social World for Law: Linguistic Tools for a New Legal Realism provides specific examples of difficulties facing interdisciplinary communication between law and social science in an era where the legal academy is once again turning to social science.

Institutionalizing State Responsibility: Global Security and UN Organs
Proulx
9780199680399

Institutionalizing State Responsibility: Global Security and UN Organ investigates the contributions of the General Assembly, International Court of Justice, and Security Council in the implementation of the law of State responsibility.

Fighting at Legal Boundaries: Controlling the Use of Force in Contemporary Conflict
Watkin, Kenneth
9780190457976

Fighting at the Legal Boundaries: Controlling the Use of Force in Contemporary Conflict offers a holistic approach towards the application of the various constitutive parts of international law. It focuses on the interaction between the applicable bodies of law by exploring whether their boundaries are improperly drawn, or are being interpreted in too rigid a fashion.

Culture in Law and Development: Nurturing Positive Change
Cao, Lan
9780199915231

Culture in Law and Development: Nurturing Positive Changepresents a provocative new solution to the seemingly intractable problem of combining international norms with local cultural traditions. It demonstrates how the gradual expansion of customary international law provides a model for changing culture in ways that protect and advance local populations.

Categories: Comparative Law News

CONFERENCE & CFP: "Territorial Governance and State Representatives in the Long 19th Century. Circulation of Knowledge, Models and Men" (Brussels, December 7-8 2017)





WHAT Territorial Governance and State Representatives in the Long 19th Century. Circulation of Knowledge, Models and Men, Conference and Call for papers
WHEN December 7-8, 2017
WHERE Open Universiteit, Campus Vrije Universiteit Brussels
Throughout Europe, the 19th century saw the growth and modernisation of many levels of administration. The state-building process frequently led to the introduction or consolidation of sub-national, or territorial, representatives of the government such as governors and prefects. Many types of representatives of the state have existed in Europe, and many still do. Long, historical research into territorial administration and state representatives was nationally-orientated and disregarded the cultural dimension. As a result, European territorial administration and state officials are scarcely explored from a historical-comparative or cross-cultural viewpoint.
Recently, instigated by Pierre Karila-Cohen (Rennes 2/Institut Universitaire de France), an international group of researchers, inspired by developments in various disciplines, has taken up the challenge of filling this historiographical gap. Colloquiums were held in 2015 and 2016, in Rennes (see http://www.sites.univ-rennes2.fr/cerhio/spip.php?article1699 and https://www.univ-rennes2.fr/cerhio/actualites/colloque-international-civils-militaires-dans-administration-territoriale). The objective of this 3th colloquium, to be held in Brussels, is to further the understanding of territorial officials and administration from a transnational point-of-view.
Within the humanities, the past decades have seen the development of transnational approaches to problematize the nation-state as a unit of analysis. A striking paradox in the history of state-building is that nation-states frequently were shaped using foreign examples. Even though states underscored the national character of their institutions, reforms actually emerged from transnational communication. Both in the social sciences and humanities, the notion of ‘circulation’ has taken root to examine contemporary travelling concepts on good (public) governance, and the intermediaries that transgressed national borders, thus facilitating the exchange of ideas. Drawing on these strands in research, this colloquium proposes to investigate territorial governance and state representatives through the prism of ‘circulation’.



The following list of questions indicates the main themes of the colloquium, but is suggestive rather than prescriptive.
·      Which ideas on good territorial governance circulated in Europe? For instance, in the late 18th century, Kameralwissenschaft and œconomie politique travelled the continent. E.g. the research of Christine Lebeau to Saxon grand commis in 1762-1768, which showed how knowledge, via personal libraries, interacted and was transformed. (Lebeau 1993) Have there been equivalent circulating ideas concerning territorial governance?·      How were models of territorial administration transnationally diffused? Circulation was not seldom a product of Empire building. For instance, the Dutch gouverneurs and Italian prefetti drew on, and modified, French examples. (Karila-Cohen ed. forthcoming)·      How did personal contacts inspire reform plans across national borders? National structures were constructed with imported building blocks. E.g. mid-1800s, European progressive liberals endeavoured to reform territorial governance using foreign experiences. (Randeraad 1994)·      To what extent did state representatives themselves physically circulate their territory, Europe and beyond? E.g. officials held posts in many outskirts of the vast countries, and developed imperial careers in oversees possessions, which entailed an ongoing transformation of (administrative) practices. (Lambert & Lester ed. 2006)·      Of which social networks did state representatives form part? E.g. personal experiences abroad shaped the later workings of state officials. Prior to their vocation, they might have studied abroad. Universities are known to have served as intellectual hubs where future officials were educated; via correspondence networks ideas ‘went viral’. (Leerssen 2011)
We invite proposals for 25 minute talks in English or French. Papers either take the form of a case study, or an original and unpublished synthesis. We encourage papers that take an empirical approach to the concept of ‘circulation’, focusing on specific relevant cases.
Please submit your proposal by e-mail to Pierre Karila-Cohen (pierre.karila-cohen[a]univ-rennes2.fr) and Martijn van der Burg (martijn.vanderburg[a]ou.nl) before 31st March 2017. Please note that only a limited amount of funding may be available to assist speakers to cover partial costs. Conference materials, lunches and dinners will be provided for.

Literature
Karila-Cohen, Pierre ed., Préfets et gouverneurs dans l’Europe du XIXe siècle (forthcoming).Lambert, David and Alan Lester eds., Colonial Lives across the British Empire: Imperial Careering in the Long Nineteenth Century (Cambridge 2006).Lebeau, Christine, ‘Beispiel eines Kulturtransfers zwischen Frankreich und Sachsen: die neue Regierungskunst in Sachsen zur Zeit des Rétablissements (1762-1786)’, in: Michel Espagne and Matthias Middell eds., Von der Elbe bis an die Seine. Kulturtransfer zwischen Sachsen und Frankreich im 18. und 19. Jahrhundert (Leipzig 1993).
Randeraad, Nico, “Thorbecke en de inrichting van het lokale bestuur”, Tijdschrift voor Geschiedenis 107 (1994).






Categories: Comparative Law News

BOOK: "Granville Sharp's Cases on Slavery" by Andrew Lyall (March, 2017)





Andrew Lyall, Granville Sharp's Cases on Slavery
all information here
The purpose of Granville Sharpe's Cases on Slavery is twofold: first, to publish previously unpublished legal materials principally in three important cases in the 18th century on the issue of slavery in England, and specifically the status of black people who were slaves in the American colonies or the West Indies and who were taken to England by their masters. The unpublished materials are mostly verbatim transcripts made by shorthand writers commissioned by Granville Sharp, one of the first Englishmen to take up the cause of the abolition of the slave trade and slavery itself. Other related unpublished material is also made available for the first time, including an opinion of an attorney general and some minor cases from the library of York Minster.The second purpose, outlined in the Introduction, is to give a social and legal background to the cases and an analysis of the position in England of black servants/slaves brought to England and the legal effects of the cases, taking into account the new information provided by the transcripts. There was a conflict in legal authorities as to whether black servants remained slaves, or became free on arrival in England. 

Lord Mansfield, the chief justice of the court of King's Bench, was a central figure in all the cases and clearly struggled to come to terms with slavery. The material provides a basis for tracing the evolution of his thought on the subject. On the one hand, the huge profits from slave production in the West Indies flooded into England, slave owners had penetrated the leading institutions in England and the pro-slavery lobby was influential. On the other hand, English law had over time established rights and liberties which in the 18th century were seen by many as national characteristics. That tradition was bolstered by the ideas of the Enlightenment. 

By about the 1760s it had become clear that there was no property in the person, and by the 1770s that such servants could not be sent abroad without their consent, but whether they owed an obligation of perpetual service remained unresolved. - See more at: http://www.bloomsburyprofessional.com/uk/granville-sharps-cases-on-slavery-9781509911219/#sthash.AY2eqVh2.dpuf 
Dr Andrew Lyall is a retired member of staff in Law at University College Dublin

Table of contents



introduction Granville Sharp (1735–1813) The Manuscripts Jonathan Strong The King (Lewis) v Stapylton Somerset v Stuart Gregson v Gilbert (The Zong) Black Servants Brought to England Factual Background State of the Law The Case Law Blackstone The Royal Navy The Cases Jonathan Strong The King (Lewis) v Stapylton (1771) Somerset v Stewart Versions of the Judgment The Order Scope of the Judgment Attempts to Evade Somerset Habeas Corpus and Foreigners Slave Law in the Colonies Villeinage in England Gregson v Gilbert (The Zong) The “Absolute Necessity” Marine Insurance and Slave Trade Acts Navigation and the Longitude Problem Did it Really Happen? 
TRANSCRIPTIONS Jonathan Strong King (Lewis) v Stapylton Proceedings in the King's Bench Motions for Judgment Granville Sharp's Argument Granville Sharp's Remarks on the Case Somerset v Stuart First Hearing in the King's Bench Third Day, “Second Hearing” in the King's Bench Lord Mansfield's Judgment 1. The Scots Magazine/Estwick version 2. Granville Sharp MS of the Judgment 3. Letter to the General Evening Post 4. Lincoln's Inn, Hill MS version 5. Lincoln's Inn, Ashhurst Paper Book 6. Lofft's Report Sharp's Memoranda on Somerset v Stuart Gregson v Gilbert The Declaration in the King's Bench Proceedings on a Motion for a New Trial Letter from Granville Sharp to Admiralty An Account of the Murder of Slaves on the Zong Letter from Granville Sharp to Duke of Portland Bill in the Court of Exchequer James Kelsall's Answer Gregson's Answer Extract from Martin Dockray MS Minor Cases De Grey Opinion Cay v Crichton Hylas v Newton Sharp's Remarks on Hylas v Newton Legislation Habeas Corpus Act 1679 Act of the Scottish Parliament, 1701 c 6 Slave Trade Act, 1788 Slave Trade Act, 1793 Slave Trade Act, 1798 Slave Trade Act, 1799 Letters Letter from Blackstone to Sharp Letter from Dr Fothergill to Sharp Blackstone's Commentaries- See more at: http://www.bloomsburyprofessional.com/uk/granville-sharps-cases-on-slavery-9781509911219/#sthash.AY2eqVh2.dpuf
Categories: Comparative Law News

Library guides on legal history at Oxford University (Legal History Blog)

The Legal History Blog provides a link to the Research Guides concerning Legal History at Oxford University:
Elizabeth Wells prepared guides on Ancient Law (Excluding Roman Law); Legal History: Western Europe; Legal History: England & Common Law Tradition; and International Law: Origins & History.  Margaret Watson prepared the guide on Roman Law.More information here.
Categories: Comparative Law News

BOOK CHAPTER: Miriam KOENKLER & Tine STEIN, "State, Law, and Constitution: Ernst-Wolfgang Böckenförde's Political and Legal Thought in Context", in: Mirjam KUENKLER and Tine STEIN (eds.) Constitutional and Political Theory: Selected Writings by Ernst...

(image source: Wikimedia Commons)
The Law and Humanities Blog signals a forthcoming recueil of the writings of E.-W. Böckenförde, a seminal public law academic and judge in post-WWII Germany.

Abstract:
This is the introduction to Mirjam Künkler and Tine Stein (eds.): Constitutional and Political Theory. Selected Writings by Ernst-Wolfgang Böckenförde. Oxford University Press, January 2017. Ernst-Wolfgang Böckenförde (b. 1930) is one of Europe's foremost legal scholars and political thinkers. As a scholar of constitutional law and a judge on Germany's Federal Constitutional Court (December 1983-May 1996), Böckenförde has been a major contributor to contemporary debates in legal and political theory, to the conceptual framework of the modern state and its presuppositions, and to contested political issues ranging from emergency measures to the ethics of genetic engineering, citizenship rights, and challenges of European integration. His writings have shaped not only academic but also wider public debates from the 1950s to the present, to an extent that few European scholars can match. As a federal constitutional judge, Böckenförde has influenced the way in which academics and citizens think about law and politics. During his tenure as a member of the Second Senate of the Federal Constitutional Court, several path-breaking decisions for the Federal Republic of Germany were handed down, including decisions pertaining to the deployment of missiles, the law on political parties, the regulation of abortion, and the process of European integration. The volume is organized in four sections, focusing respectively on (I) the political theory of the state; (II) constitutional theory; (III) constitutional norms and fundamental rights; and (IV) the relation between state, citizenship, and political autonomy. Each of these feature introductions to the articles as well as a running editorial commentary to the work. A second volume will follow, comprising Böckenförde's writings on the relation between religion, law, and democracy.See fulltext on SSRN.
Categories: Comparative Law News

Pages