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Updated: 36 min 25 sec ago

The Changing Landscape of History: Digital Initiatives in New Orleans

Wed, 10/07/2015 - 12:39

NEW ORLEANS, LA – The French American Chamber of Commerce – Gulf Coast Chapter will host a forum about “The Changing Landscape of History: Digital Initiatives in New Orleans,” Thursday, Oct. 29, at 6 p.m. in the Stibbs Room of the Lavin Bernick Center at Tulane University. Vicki Mayer, Ph.D., will give an introduction to digital initiatives, followed by 
Vernon Valentine Palmer, Ph.D., who will present “Through the Codes Darkly: Slave Law and Civil Law in Louisiana.”
“Just as social media is a large component of telling the contemporary stories of life in our city, digital initiatives such as curated digital exhibits and online portals are increasingly important tools in presenting and preserving the past,” Greg Lambousy, director of exhibits at the Louisiana State Museum, said. “Digitization of French and Spanish colonial documents, including the Code Noir, form a fundamental part of the city-wide historical campaign leading up to the tricentennial of the founding of New Orleans.”
This free event is open to the public and sponsored by the FACC-GC, Ogletree Deakins, Tulane University and Sodexo. Partners are The Friends of the Cabildo, Amistad Research Center and University of New Orleans Midlo Center and the Francophone Section of the Louisiana State Bar Association.

For more information or to RSVP, email info@facc-gc.com.
Categories: Comparative Law News

Journal of Civil Law Studies: Volume 8 No. 1

Tue, 10/06/2015 - 15:02

Golden Jubilee of the Center of Civil Law Studies: Celebrating the Development of Legal Science in Louisiana (Agustín Parise)
Drawing the Line of the Scope of the Duty of Care in AmericanNegligence and French Fault-Based Tort Liability (Karel Roynette)
CONFERENCE PAPERSLes unions (il)légalement reconnues: approches internationales(Il)legally Recognized Unions: International ApproachesLa Roche-sur-Yon, December 6, 2013
China (Yuan Fang), France (Dominique Garreau), Italy (Enrica Bracchi & Carolina Simoncini), Spain (Ana Conde), and the United States (Olivier Moréteau)
An Analysis in Empathy: Why Compassion Need Not Be Exiled from theProvince of Judging Same-Gender Marriage Cases (Kacie Gray)
CIVIL LAW in the WORLD  Chile (Carlos Felipe Amunátegui Perelló)
Poland (Ewa Bagińska)
Categories: Comparative Law News

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Fri, 10/02/2015 - 21:58
Who Owns the World’s Land? 
A global baseline of formally recognized indigenous & community land rights
In recent years, there has been growing attention and effort towards securing the formal, legal recognition of land rights for Indigenous Peoples and local communities. Communities and Indigenous Peoples are estimated to hold as much as 65 percent of the world’s land area under customary systems, yet many governments formally recognize their rights to only a fraction of those lands. This gap—between what is held by communities and what is recognized by governments—is a major driver of conflict, disrupted investments, environmental degradation, climate change, and cultural extinction. While community land rights are garnering greater attention in national and international circles, the actual status and extent of legal recognition has not been well understood. This report seeks to contribute to this field as the first analysis to quantify the amount of land formally recognized by national governments as owned or controlled by Indigenous Peoples and local communities around the world. The study includes data from 64 countries comprising 82 percent of global land area. It builds on the ongoing work of the Rights and Resources Initiative (RRI) to track ownership and control of the world’s forests, and expands that research to identify lands that are owned and controlled by local communities across all terrestrial ecosystems in the countries studied, including such diverse lands as grasslands in China, taiga in northern Canada, and rainforests in Brazil.

THE RIGHTS AND RESOURCES INITIATIVE RRI is a global coalition of 13 Partners and over 150 international, regional, and community organizations advancing forest tenure, policy, and market reforms. RRI leverages the strategic collaboration and investment of its Partners and Collaborators around the world by working together on research, advocacy, and convening strategic actors to catalyze change on the ground. RRI is coordinated by the Rights and Resources Group, a non-profit organization based in Washington, D.C. For more information, please visit www.rightsandresources.org.

Categories: Comparative Law News

Western Legal Traditions by Martin Vranken

Wed, 09/30/2015 - 20:00
Western Legal TraditionsA Comparison of Civil Law and Common LawBy Martin VrankenFederation Press – 2015 – 208 pagesThe rule of law constitutes the hallmark of contemporary Western society. However, public perceptions and attitudes to the law can vary in space and time. This book explores legal solutions to selected problem scenarios in their broader historical, economic, political and societal context. The focus is on the legal traditions of civil law and common law.The book is premised on the assumption - indeed, the conviction - that use of the comparative method both facilitates and promotes a deeper understanding of the society in which we live and the rules by which it is shaped. Major 'threads' that run through the book are the relationship between law and morality, the role of the state in regulating human interaction, as well as the relationship between the state and the individual.As a practical matter, the text is divided into 3 Parts. A first Part provides various building blocks for a discussion of 'the law in action' in the second and main Part of the book. A final Part addresses the issue of regional globalisation and its impact on the traditional divide between civil law and common law. An Appendix contains the full text of the Charter of Fundamental Rights of the European Union.Martin Vranken is a Reader in the Faculty of Law at the University of Melbourne.http://www.taylorandfrancis.com/
Categories: Comparative Law News

The International Organization for Judicial Training

Thu, 09/24/2015 - 12:14
About the International Organization for Judicial Training 
The International Organization for Judicial Training (IOJT) was established in 2002 in order to promote the rule of law by supporting the work of judicial education institutions around the world. The mission of the IOJT is realized through international and regional conferences and other exchanges that provide opportunities for judges and judicial educators to discuss strategies for establishing and developing training centers, designing effective curricula, developing faculty capacity, and improving teaching methodology.

Journal of the International Organization for Judicial Training

The journal Judicial Education and Training publishes topical articles on the education and training of judges and justice sector professionals around the world. This journal aims to stimulate a community of learning in judicial education by showcasing selected papers presented to the biennial conferences of the International Organization for Judicial Training (IOJT). Additionally, it solicits original research, practical experience, and critical analysis on issues and trends in judicial education. It also provides a medium for informed discussion, the exchange of professional experience, and the development of knowledge in judicial education for a global readership. Contributions are invited from chief justices and senior judges, judicial educators and academic researchers with an interest in this field. Earlier issues of this online journal may be found at: http://www.iojt.org/journal/page~journal.html.

7th IOJT Conference to be Held in Recife, Brazil
November 8-12, 2015
Conference Site
Categories: Comparative Law News

NEW in Juris Diversitas Series: The Diffusion of Law

Mon, 09/14/2015 - 17:15
The Diffusion of LawThe Movement of Laws and Norms Around the World
  • Edited by Sue Farran, Northumbria Law School, UK, James Gallen, Dublin City University, Ireland, Jennifer Hendry, University of Leeds, UK and Christa Rautenbach, North-West University, South Africa
  • In considering diffusion from a global perspective, this book provides timely new insights into its application in a variety of fields and at many levels of both legal and non-legal orderings. This collection contributes to the wider theoretical debate concerning the movement of law and legal norms by engaging with concrete examples of legal diffusion, in jurisdictions as diverse as Albania, the Czech Republic, Poland and Kuwait. These examples, taken together, provide a comprehensive illustration of the theoretical debates concerning the diffusion of laws and norms in terms of both process and form.

    This international, multi-disciplinary and multi-methodological volume brings together scholars from law and social science with experience in mixed and hybrid jurisdictions, and advances the conversation about legal and normative diffusion across the academy. It represents a robust challenge to many preconceived ideas about legal movement and, as such, will be of interest to academics and students working in the fields of Law, Sociology, Anthropology, Political Science, Legal Education and comparative method.
  • More information on the book
Categories: Comparative Law News

Call for Papers, Human Rights in Translation, St. Louis, March 31--April 1, 2016

Mon, 09/14/2015 - 17:06

"Human Rights in Translation: Intercultural Pathways" conference at Saint Louis University's Center for Intercultural Studies, St. Louis, March 31--April 1, 2016.  When defining human rights, we often invoke certain beliefs--deemed to be universal--on which such rights are based: dignity inherent to every person, common humanity, and natural state of liberty. However, the norms and values of many cultures are incommensurable, or even incompatible, with these "universal" principles. One way out of this quandary, rooted in the concept of organic wholeness of humanity, has been to call for a convergence of world cultures around the universal idea of human rights, presumed to be shared by all people at a "deeper" level. The problem with this view is that homogenizing world cultures implies eradicating their diversity, in itself a denial of the right to uphold one's culture. Another solution has been to acknowledge the cultural differences in interpreting human rights, and to treat them as mere variations of the basic, universal set of standards. This approach necessitates drawing a line beyond which the universal would be invalidated by the local, a problematic undertaking at best. Both methods tend to assume timeless universality, and thus run the risk of ahistoricism.The goal of this conference is to encourage reflection on the intercultural translation of human rights. Instead of using such rights as yardsticks to measure diverse cultures on compliance with them, we welcome papers that translate the differences between cultures through the prism of human rights, illuminating different cognitive contexts that produce different meanings of rights, identifying spaces of intercultural crossing where differences can coexist, and offering usable narratives and metaphors that could serve as interfaces between distinct cultures. Ideally, these translations should view human rights not as an integral and finite goal but as a dynamic process of trying to achieve them.
Proposals should include: a one-page abstract of the paper, with a title and name of the author; the author's brief curriculum vitae; postal address; email address; and phone number.  Complete proposals should be emailed as attachments in MS Word to: Mary Bokern at bokernmp@slu.edu with a subject line "Human Rights in Translation"." The deadline for submissions is December 1, 2015.
Categories: Comparative Law News

Deciphering a Civil Code, Alain Levasseur

Tue, 09/08/2015 - 16:15
Deciphering a Civil CodeSources of Law and Methods of Interpretationby Alain A. Levasseur

The primary purpose of this book is to dispel some misunderstandings —  or even erroneous views — on what a “code” is and, more specifically, how one can work with a “civil code.” The text explains that in a civil law system, codification is the product of the combination of three sources of law: legislation, jurisprudence or court cases, and doctrine or legal scholarship. It then analyzes the many different methods of reasoning and interpretation that can be used under a civil code and illustrates these methods as applied to code articles and to three decisions of the Louisiana Supreme Court. Thus, the book explains and justifies the “long lasting life” of civil codes, particularly the French Civil Code of 1804 (also referred to as the Code Napoléon) and the Louisiana Civil Code of 1825. 

Categories: Comparative Law News

Dean Search at Louisiana State University

Fri, 09/04/2015 - 16:02

LSU Law CenterFrom its founding in 1906, the Law Center has offered its students a legal education recognized for its high standards of academic excellence, an outstanding teaching and research facility, and integrated programs in Louisiana civil law and Anglo-American common law. All LSU Law graduates receive a Juris Doctor, and students may also earn the optional Graduate Diploma in Comparative Law in recognition of extensive, optional coursework in the civil law. Learn more about the LSU Law Center here

Categories: Comparative Law News

Opinio Juris in Comparatione

Tue, 09/01/2015 - 17:18
Opinio Juris in Comparatione Vol. I, n.1, 2015 is online We are pleased to announce the publication of new Issue of Opinio Juris in Comparatione Vol. I, n. 1, 2015 Opinio Juris in Comparatione is an electronic full Open Access Journal devoted to “Studies in Comparative and National Law”. It aims at enhancing the dialogue among all legal traditions in a broad sense. The intent of diffusing contributions on national law, as well and not only to focus on comparative issues, is to expand access to foreign legal materials and ideas to those who do not already have access to the traditional avenues (such as journals in the language of the explored legal system).For more information, please visit our website www.opiniojurisincomparatione.org.
Table of ContentsArticlesRight for Conciliation and Family WelfareAlessandra Pera, Marina Nicolosi
European Citizenship, Fundamental Rights and Private Law: Towards a New Model of Social InclusionFederico Della Negra

Lezioni Pisane di Diritto CivileMeeting the Challenge: Codifying Civil Liability Law. The Examples of China, Brazil and RussiaGert Brüggemeier

Selected Conference ProceedingsCrowding It the Cloud, Data Protection and Permissible Business Models - Conference "Getting around the cloud(s) - Technical and legal issues on Cloud services”Célia Zolynski, Romain Perray

I Soggetti Coinvolti nel Trattamento dei Dati Personali nel Cloud Computing: la Rottura del Dualismo Controller-Processor- Conference "Getting around the cloud(s) - Technical and legal issues on Cloud services”Gianclaudio Malgieri

The EU’s Right to be Forgotten as Applied to Cloud Computing in the Context of Online Privacy Issues- Conference "Getting around the cloud(s) - Technical and legal issues on Cloud services”Francesco Lazzeri

News and book reviewsMaster of Arts in International Relations- Curriculum International Trade - Università degli Studi di PalermoEditorial Team Opinio Juris in Comparatione
Categories: Comparative Law News

The Impact of Corruption on International Commercial Contracts

Tue, 09/01/2015 - 17:08
The Impact of Corruption on International Commercial ContractsEditors: Bonell, Michael Joachim, Meyer, Olaf (Eds.)
Book Series: Ius Comparatum - Global Studies in Comparative Law, Vol. 11

This volume presents national reports describing the legal instruments that are available to prevent the payment of bribes for acquiring contracts. Anti-corruption is one of the preeminent issues in the modern global commercial order and is tackled with the help of criminal law and contract law in different ways in different countries. The reports included in this volume, from very diverse parts of the world, represent a unique and rich compilation of court decisions, doctrinal discussions and a pool of suggested solutions. The central theme is the enforceability of three problematic types of contracts: the bribe agreement, whereby a bribe payer promises the agent of his business partner a personal benefit in exchange for favourable contract terms; the agreement between a bribe payer and an intermediary (a “bribe merchant”), where the latter offers his expertise to help funnel bribes to agents of the business partner; and finally, the contract between the bribe payer and his business partner which was obtained by means of bribery. The analysis is tailored toward commercial contracts, which can also include contracts with state-owned enterprises. The examination and comparison of international and national initiatives included in this volume advance the discussion on the most appropriate remedies in corruption cases, and show how to get past the boundaries of criminal, private and contract law.
Categories: Comparative Law News

Disgorgement of Profits

Tue, 09/01/2015 - 17:01
Disgorgement of ProfitsGain-Based Remedies throughout the WorldEditors: Hondius, Ewoud, Janssen, Andre (Eds.)
Book Series: Ius Comparatum - Global Studies in Comparative Law, Vol. 8

Disgorgement of profits is not exactly a household word in private law. Particularly in civil law jurisdictions – as opposed to those of the common law – the notion is not well known. What does it stand for? It is best illustrated by examples. One of the best known being the British case of Blake v Attorney General, [2001] 1 AC 268. In which a double spy had been imprisoned by the UK government before escaping and settling in the former Soviet Union. While there wrote a book on his experiences, upon which the UK government claimed the proceeds of the book. The House of Lords, as it then was, allowed the claim on the basis of Blake’s breach of his employment contract. Other examples are the infringement of intellectual property rights, where the damages of the owner are limited, but the profits of the wrongdoer immense. In such cases, the question arises whether the infringing party should be disgorged of his profits.This volume aims at establishing the notion of disgorgement of profits as a keyword in the discourse of private law. It does not purport to answer the question whether or not such damages should or should not be awarded. It does however aim to contribute to the discussion, the arguments in favour and against, and the organisation of the various actions.
Categories: Comparative Law News

Affirmative Action Policies and Judicial Review Worldwide

Tue, 09/01/2015 - 16:57
Gerapetritis, George
Affirmative Action Policies and Judicial Review WorldwideBook Series: Ius Gentium: Comparative Perspectives on Law and Justice, Vol. 47

This book discusses affirmative action or positive discrimination, defined as measures awarding privileges to certain groups that have historically suffered discrimination or have been underrepresented in specific social sectors. The book’s underlying rationale is that one cannot place at the same starting point people who have been treated differently in the past because in this way one merely perpetuates a state of difference and, in turn, social gaps are exaggerated and social cohesion is endangered. Starting out with an introduction on the meaning and typology of affirmative action policies, the book goes on to emphasise the interaction of affirmative action with traditional values of liberal state, such as equality, meritocracy, democracy, justice, liberalism and socialism. It reveals the affirmative action goals from a legal and sociological point of view, examining the remedial, cultural, societal, pedagogical and economy purposes of such action. After applying an institutional narrative of the implementation of affirmative action worldwide, the book explains the jurisprudence on the issue through syntheses and antitheses of structural and material variables, such as the institutional recognition of the policies, the domains of their implementation and their beneficiaries. The book eventually makes an analytical impact assessment following the implementation of affirmative action plans and the judicial response, especially in relation to the conventional human rights doctrine, by establishing a liaison between affirmative action and social and group rights.. The book applies a multi-disciplinary and comparative methodology in order to assess the ethical standing of affirmative action policies, the public interests involved and their effectiveness towards actual equality. In the light of the above analysis, the monograph explains the arguments considering affirmative action as a theology for substantive equality and the arguments treating this policy as anathema for liberalism. A universal discussion currently at its peak.
Categories: Comparative Law News


Tue, 09/01/2015 - 16:52
Combating terrorism in Africa seems to be a mission impossible despite numerous anti-terrorism laws in existence. Africa has a union, known as African Union (AU), comprised of independent States in Africa, except Morocco. It has a notable anti-terrorism law, known as the OAU Convention on Prevention and Combating of Terrorism and other national anti-terrorism laws in existence in its Member States nations.Despite all these anti-terrorism laws, including the Plan of Action for the Prevention and Combating of Terrorism and the Protocol to the OAU Convention on the Prevention and Combating of Terrorism in existence, terrorist acts are on the increase daily on the continent.This book reviews the afore-mentioned OAU (AU) Conventions on Prevention and Combating Terrorism and also identifies its deficiencies and analyzes its inefficacies in preventing and combating terrorism in Africa. It also reviews Member States’ compliance with International Law and UN requirements for combating terrorism and their response to the Convention. It, therefore, argues that terrorism will be better combated on a regional level rather than leaving it to the individual Member States; thus recommending, for effective means of combating terrorism, AU should establish a regional court vest with the jurisdiction of terrorism on the Continent of Africa.Dr. (Mrs) Chinyere Christiana Okpala Chukwuka was born in Nigeria. She obtained an LL.B. (Hons) from Nnamdi Azikiwe University, Awka, Anambra State of Nigeria and B.L from Nigeria Law School, Abuja, Nigeria. She was admitted to the Nigerian Bar in 2003. She practiced law in Nigeria for a few years before proceeding to Whittier Law School, where she obtained an LL.M in American Legal Jurisprudence with Certification in International Law. Afterwards, she obtained an SJD in International Legal Studies from Golden Gate University School of Law.Ebook available (ISBN: 9781600422737 | $ 29.95)  Purchase ebook
Categories: Comparative Law News

Conference in Regensburg March 2016

Thu, 08/27/2015 - 12:43
The General German Commercial Code (ADHGB) of 1861 as a common law of obligations in Central Europe 
Prof. Dr. Martin Löhnig
Universität Regensburg
Juristische Fakultät
Lehrstuhl für Bürgerliches Recht, Deutsche
und Europäische Rechtsgeschichte sowie
93040 Regensburg
Categories: Comparative Law News

JOURNAL NEW ISSUE ANNOUNCEMENT: Global jurist: Special Issue Law and Boundaries 2014

Thu, 07/23/2015 - 05:49
A new special issue of Global Jurist has just been published: this special issue collects some of the most interesting papers presented during the conference: "Law and Boundaries 2014".

Click here for the table of content of this issue.
Categories: Comparative Law News

BOOK ANNOUNCEMENT: Thomson on The Nobile Officium: The Extraordinary Equitable Jurisdiction of the Supreme Courts of Scotland

Wed, 07/01/2015 - 05:28
Stephen Thomson,The Nobile Officium:  The Extraordinary Equitable Jurisdiction of the Supreme Courts of Scotland
An ambitious new text has just been published on the nobile officium – the extraordinary equitable jurisdiction of the Supreme Courts of Scotland.  The author, Stephen Thomson, spoke about this unusual jurisdiction at the conference “Filling the Gaps:  The Study of Judicial Creativity and Equity in Mixed Jurisdictions and Beyond” at the University of Catania in May 2013, co-organised by the World Society of Mixed Jurisdiction Jurists.

The nobile officium enables the Supreme Courts of Scotland to (i) supply a legal norm where an existing norm is deficient, unavailable or absent, or (ii) provide alleviation where the application of an existing norm would be unduly excessive, oppressive or burdensome.  The jurisdiction has found application across broad areas of civil and criminal jurisdiction, and continues to form an important aspect of procedural law.
Dr. Thomson has brought his research forward to the point of publication and produced the first ever text to systematically examine the nobile officium.  Of potential interest to Juris Diversitas readers, this text provides a unique national case study in equitable jurisdiction (and moreover in a mixed jurisdiction).  Dr. Thomson launched the book with a lecture to distinguished practitioners, scholars and invited guests at the Faculty of Advocates and Supreme Courts of Scotland, Parliament House, Edinburgh.  The text has been well received, carrying a foreword by Lord Hope of Craighead KT, former Deputy President of the UK Supreme Court.
The nobile officium of the Court of Session and the High Court of Justiciary is a long-established but elusive power. The extraordinary equitable jurisdiction of the Supreme Courts of Scotland continues to be relevant and useful today but its scope and limitations are poorly understood. This is the first book to systematically examine the nobile officium. Placing it in its historical and conceptual context, the book explores the development and application of the nobile officium in such diverse areas as:ñ  Trustsñ  Judicial factors, curators, tutors and guardiansñ  Bankruptcy, insolvency and sequestrationñ  Custody of childrenñ  Public officersñ  Statutory omissionsñ  Civil procedureñ  Criminal law and procedureThis ambitious text provides original and informative commentary and analysis for practitioners, teachers and students of Scots law.“A work of real scholarship which makes a significant contribution to the literature on Scots law.” Lord Hope of Craighead
Stephen Thomson is an Assistant Professor at the Faculty of Law, The Chinese University of Hong Kong.  He holds a Ph.D. in constitutional and administrative law from the University of Edinburgh.
Avizandum PublishingMay 2015300 pagesISBN 9781904968337£48.00

The book is available for purchase here and at a number of other outlets.
Categories: Comparative Law News

CALL FOR APPLICATIONs: Editorship of Legal Studies

Tue, 06/30/2015 - 05:37
The Society of Legal Scholars invites applications from members for the editorship of its prestigious journal Legal Studies.
The Society is looking for an editorial team or individual editor who can build on the success
of both the present and past editors. The editors are ex officio members of the Society’s Council and Executive Committee and are appointed for five years.
The current editors, Professors Imelda Maher, Blanaid Clarke, Fiona de Londras and Colin Scott have indicated their wish to stand down by September 2016, allowing a handover period to ensure a smooth transition so the new editor or editorial team can take responsibility for the first issue of 2017.
The journal is in a healthy position: competition for space in the journal is intense, with a large number of high quality submissions, and it has one of the biggest print-runs of UK academic law journals.  The Society is also well served by its current publishers, Wiley-Blackwell. It now has an International Advisory Board and submissions and reviews are managed via ‘ScholarOne’.
Individuals, pairs or teams of individuals who wish to be considered for the editorship of Legal Studies should submit applications which include the following:
(1) A “mission statement” setting out the following:
(a) the proposed editorial policy for the journal;
(b) any proposed changes to the journal’s format;
(c) a brief description of how the administration of the journal would be dealt with and, where there would be a team editorial board, how the responsibilities would be divided.
Statements should be limited to 2,000 words.
(2) A summary CV (max 2 sides of A4) for each individual who is proposed to have an editorial role, which should provide details of previous editorial experience.
(3) The name, address and full contact details of either the individual applicant or a nominated individual contact where two or more individuals are applying together.
Applications should be sent by email to the Honorary Secretary, Professor Richard Taylor (RDTaylor@uclan.ac.uk) to arrive by 31 December 2015. The Society's Executive Committee is expected to appoint a sub-committee to consider applications. That sub-committee may decide to invite shortlisted applicants for interview in February or March 2016.
Professor Imelda Maher would be happy to respond to enquiries to the current Editors.  She can be contacted at imelda.maher@ucd.ie
Categories: Comparative Law News

Call for Papers: 'Urban Africa' - Turin, October 2015

Mon, 06/22/2015 - 10:53
Turin, 16-17 October 2015
Urban Africa Economy,populations, cultures 
Call for papers 
The Centre for African Studies (CSA) and the Association for African Studies in Italy (ASAI), in collaboration with the Department of Cultures, Politics and Society of the University of Turin and the Department of Architecture and Design of the Polytechnic University of Turin, organize an interdisciplinary conference on “Urban Africa”

See the call for papers at http://urbanafrica.it and download in English from this link
Categories: Comparative Law News

BOOK: Cairns on Codification, Transplants and History

Mon, 06/22/2015 - 04:12

John Cairns (Edinburgh)'s Codification, Transplants and History: Law Reform in Louisiana (1808) and Quebec (1866) (The Lawbook Exchange, 2015) is now available:
When Louisiana enacted its Digest of the Civil Laws in 1808 and Quebec its Civil Code of Lower Canada in 1866, both jurisdictions were in a period of transition economic, social and political. In both, the laws had originally been transplanted from European nations whose societies were in many ways different from theirs.

This book offers the first systematic and detailed exploration of the two new codes in light of social and legal change. Cairns examines the rich, complex, and varying legal cultures French, Spanish, Civilian and Anglo-American on which the two sets of redactors drew in drafting their codes. He places this examination in the context surrounding each codification, and the legal history of both societies.

Cairns offers a detailed analysis of family law and employment in the two codes, showing how their respective redactors selected from a defined range of sources and materials to construct their codes. He shows that they acted relatively freely, attempting to inscribe into law rules reflecting what they understood to be the needs of their society from an essentially intuitive and elite perspective. While not propounding a universal theory of legal development, Cairns nonetheless shows the types of factors likely to influence legal change more generally. xlv, 559 pp.

Categories: Comparative Law News