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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

CONFERENCE ANNOUNCEMENT: Annual International Conference on Comparative Law 2015 - Law of Obligations Surrounded by Other Normative Systems

Tue, 06/16/2015 - 09:23
Subject areas:
  1. Morality, customs, praxeology and the content of an obligation.
  2. Agreements which are not contracts, relevant to the law of obligations. 
  3. Obligations of the creditor: are they just correlates of the obligations of the debtor, or do they constitute a functionally separate category?
  4. The history of the relationship of contract law and other normative systems. Interpretation, law-making and science of law.
  5. "Socialist law" in the capitalist reality (and vice versa). Interaction of the legal system with the extra-legal environment. The impact of socio-political formations on the shape of state, the content and the evolution of the law.
  6. The future of the state law in terms of economic globalization.
  7. The nature of the obligations in terms of the various normative systems.
  8. Facts as obligations vs legal systems.
  9. Cultural diversity - a challenge to the law of obligations?
Registration is open until June 30, 2015.
Draft programme will be available on July 31, 2015.

Click here for further information.
Categories: Comparative Law News


Wed, 06/10/2015 - 11:56

Credit photos: Prof. Olivier Moréteau
Categories: Comparative Law News


Wed, 06/10/2015 - 11:50

Credit photos: Prof. Elina Moustaira
Categories: Comparative Law News

Il Codice Civile, The First Translation of Napoleon's Code Civil

Mon, 06/08/2015 - 16:10
Sara V. Pic, Reference Librarian at the Law Library of Louisiana (400 Royal Street, New Orleans), assembled a unique exhibition on the Italian translation of the Napoleonic Code. TheIl Codice Civile exhibition can also be visited online.

Categories: Comparative Law News


Mon, 06/08/2015 - 08:33
Small States in a Legal WorldThe inaugural conference of the Centre for Small StatesQueen Mary University of London
The aim of the conference is to launch the Centre for Small States as the home for research and learning into the legal issues facing small states (defined as those states with a population of 1.5m or less).  The Centre for Small States also includes within its remit some territories that are not classified as states as a matter of international law, yet are sufficiently geographically and culturally distinct entities to be worthy of study in their own right such as the British Crown Dependencies and British Overseas Territories).
For further information on the Centre for Small States, see http://www.law.qmul.ac.uk/research/centres/small-states/index.html 
Date: 7 September 2015 Venue: Lincoln’s Inn Fields, Queen Mary University of London, WC2A 3JBRegistration fee: £50(reduced rate for students and half-day registrations)
Keynote PanelProfessor Lino Briguglio, Islands and Small States Institute, University of MaltaProfessor Baldur Thorhallsson, Centre for Small State Studies, University of IcelandHer Honour Justice Mathilda Twomey, Court of Appeal, Seychelles
Confirmed SpeakersProfessor Susy Frankel, Victoria University of WellingtonDr Ann Mumford, King’s College LondonProfessor Catherine Rogers, Penn State University
Topics for discussion include ethics in small jurisdictions, the challenges of mixed legal systems in small states, small states as tax havens, and intellectual property issues.
We have a small number of spaces for additional speakers.  We welcome contributions on any aspect of the legal situation of small states, be it public or private law.  Please send your abstract of 300-400 words to Dr Caroline Morris (c.morris@qmul.ac.uk) and Dr Petra Butler (petra.butler@qmul.ac.uk)by 15 June 2015.  Decisions regarding inclusion in the conference programme will be sent by 30 June 2015.
Categories: Comparative Law News

WORKSHOP: Researching Chinese Legal History in Europe

Fri, 05/22/2015 - 05:14
Researching Chinese Legal History in Europe: The State of the Field
SOAS, University of London
Various SpeakersDate: 4 June 2015Time: 10:00 AMFinishes: 5 June 2015Time: 1:00 PMVenue: Russell Square: College BuildingsRoom: G3Type of Event: WorkshopSeries: Law and Justice in China Workshop SeriesFor centuries, scholars based in Europe have examined China’s past in an attempt to understand the various processes influencing the development and evolution of Chinese legal tradition(s). This line of research continues in Europe today, yet given the diversity of institutions and disciplines in which researchers work, as well as the field-specific publications in which they publish, the current state of the field of Chinese legal studies in Europe remains under specified.  What questions are scholars seeking to answer?  Which methods and theories are being employed to examine historical phenomena in China’s legal past?  What source material is available for scholars and students, and at which institutions?  What is the future of Chinese legal history in Europe?  This workshop seeks to answer some of these questions by bringing together several scholars from various European institutions, who are actively engaged in the study of China’s legal past.  Through presentations of current work and roundtable discussions, we hope to establish a community of scholars actively engaging China’s legal past, and also to map out future avenues of research and multi-institutional collaboration.
  • Jennifer Altehenger (Kings College London)
  • Ernest Caldwell (SOAS, University of London)
  • Frederic Constant (Paris X Nanterre University)
  • Rogier Creemers (University of Oxford)
  • Rogier Greatrex (Lund University, Sweden)
  • Fernanda Pirie (University of Oxford)
  • Cecile Wang (École des Hautes Études en Sciences Sociales) 
PROGRAMMEABSTRACTS RegistrationThe event is free and open to the public.  Registration is required.
Online RegistrationOrganiser: Co-organised by the SOAS China Institute and SOAS School of LawContact email: sci@soas.ac.ukContact Tel: +44 (0)20 7898 4823
Categories: Comparative Law News

CALL FOR PAPERS: Tel Aviv University - Faculty of Law: 3rd Annual TAU Workshop for Junior Scholars in Law: "Theory coming to life"

Tue, 05/19/2015 - 03:43

The Tel Aviv University Buchmann Faculty of Law is pleased to invite submissions to its third annual workshop for junior scholars in law. The workshop provides junior scholars with the opportunity to present and discuss their work and receive meaningful feedback from faculty members and peers, and aims to invigorate the scholars’ active participation in the community of international junior scholars in law.
Through law, theory comes into our daily lives in many ways. The workshop will explore the connection between theory and life:
different fields of law, such as criminal law, public law, corporate law, civil law, international law, cyber law, environmental law and others? What is the connection between human rights theories and their acceptance or rejection by different actors? How does legal theory deal with rapid changes in science and technology? What are the potential theoretical justifications to recognize obligations of states towards foreign individuals or communities? How can different actors, such as governments, philanthropists, public litigators and human rights organizations use theory to further their cause? How do lessons learned from historical events affect the formation of theory and practice?
We welcome junior scholars (doctoral candidates, VAPs, writing fellows and recent graduates of doctoral programs) from universities and research institutions throughout the world to submit abstracts engaging with the leading theme of the workshop.
Limited travel grants and accommodation will be available for participants with no institutional funding.
Submissions: Abstracts of up to 500 words of the proposed presentation (with a short bio and your current institutional affiliation(s)) should be submitted by email to TAU.junior.scholars@gmail.com by June 15, 2015
Applicants requesting travel grants and/or accommodation should indicate so in their submission, along with the city they expect to depart from and an estimate of the funds requested.
Applicants will be informed of acceptance or rejection by July 15, 2015. Selected presenters must submit their papers up to 10,000 words in length by September 30, 2015.
For further inquiries contact us at TAU.junior.scholars@gmail.com. 
Categories: Comparative Law News

LECTURE: Brian Tamanaha - Inaugural Cotterrell Lecture in Sociological Jurisprudence (Queen Mary, University of London)

Fri, 05/15/2015 - 04:40

The Cotterrell Lecturein Sociological Jurisprudence:Professor Brian Tamanaha
28 May 2015Time: 6:30 - 8:30pm 
Venue: Lecture Theatre, ArtsOne Building, Queen Mary University of London, Mile End Road, London E1 4NSBOOK NOW
The Inaugural Cotterrell Lecture in Sociological Jurisprudence will be given by Professor Brian Tamanaha (Washington University Law School), Distinguished Visiting Fellow at Queen Mary University of London in May-June 2015, on 28 May 2015. This event will be chaired by Professor Richard Nobles (Queen Mary University of London).
In addition to this event, during his visit Professor Tamanaha will give a half-day workshop on Relating Analytic, Empirical, Evolutionary, Diachronic and Comparative Methods in Constructing Concepts of Law (10 June) and a Legal Theory Masterclass (11 June) for postgraduate students.About Professor Brian TamanahaProfessor 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, US 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.Professor Tamanaha will be a Distinguished Visiting Fellow in the Department in May 2015.About the Lecture Series
The Cotterrell Lectures in Sociological Jurisprudence are named in honour ofProfessor Roger Cotterrell. ‘Sociological jurisprudence’ is understood broadly, as encompassing any theoretical aspect of socio-legal studies, any serious effort to relate jurisprudence and legal theory to changing social and historical conditions, or any topic linking law and social theory.
How to Book
This event is free but prior booking is required. Please register via the Queen Mary Eventbrite page.ContactFor more information, please contact lawevents@qmul.ac.uk.
Categories: Comparative Law News

JURIS DIVERSITAS: Annual Conference 2015 Programme

Thu, 05/14/2015 - 03:52
JURIS DIVERSITAS ANNUAL CONFERENCE  2 June (afternoon) to 4 June 2015School of Law, University of Limerick, Ireland
THE STATE OF/AND COMPARATIVE LAW Co-sponsored bySchool of Law, University of Limerick & Juris Diversitas
Tuesday, June 2, 2015
14:00                     Registration 14:30                     Welcoming AddressIn memoriam Roderick A. Macdonald (1948-2014) and H. Patrick Glenn (1940-2014)]14:45                     Plenary – KeynoteChair: Seán Patrick Donlan·         A Theoretical Basis for Comparative Legal Pluralism, Brian Z. Tamanaha, Washington University School of Law (United States)16:00-16:30         Break16:30-18:00         Parallel Sessions I I.A          Legal Pluralism in Africa·         The Dominance of Legal Pluralism in a Post-Colonial South Africa: Where do We Stand almost Three and a Half Centuries after Western Legal Transplantation?, Christa Rautenbach, North-West University (South Africa)·         The Relevance of Comparative Jurisprudence in the Namibian Legal System, Samuel Amoo, University of Namibia (Namibia)·         Mapping or Codifying? The Project on the Ascertainment of Customary Law in Somaliland, Salvatore Mancuso, University of Cape Town (South Africa)I.B           Structuring Mixed Legal Systems·         The Political Purpose of a Mixed Legal System Conception: The Case of Scotland, Andreas Rahmatian, University of Glasgow (Scotland)·         Quebec’s “droit commun” as its Basic General Law, Matthieu Juneau, Université Laval, Québec (Canada)I.C           New Dimensions of Constitutionalism·         Constitutions beyond the State: a Miracle or a Mirage?, Ekaterina Yahyaoui Krivenko, National University of Ireland, Galway (Ireland)·         An Approach to Comparative Environmental Constitutionalism, Francois Venter, North-West University, Potchefstroom Campus (South Africa)·         La démocratie moderne au miroir de la pensée chinoise, Frédérique Rueda-Despouey, University of Bordeaux (France)18:00-19:00         Reception – Juris Diversitas Book SeriesLaunch
Wednesday, June 3, 2015
9:00-10:30           Parallel Sessions IIII.A         Law, Religion and Tradition·         The British Religious and Secular Courts in Historical and Comparative Perspective, Martin Sychold, Swiss Institute of Comparative Law (Switzerland)·         Interaction between Common Law and Islamic Law in Nigeria: a study of the application of the doctrine of Stare-Decisis in some Islamic Law cases in Northern Nigeria, Ahmed S. Garba, Bauchi State University, Gadau (Nigeria)·         Traditio Canonica and Legal Tradition: The Role of the Canon Law in Contemporary Legal Debate, Lorenzo Cavalaglio, University of Udine (Italy)II.B         Interaction and Convergence: Mixed Approaches·         Liability for Losses Caused by Administrative Action in South Africa and the Netherlands, Rolien Roos, North-West University (South Africa)·         The Convergence of Defamation in English Tort and French Criminal Law, Mathilde Groppo, King’s College London, Dickson Poon School of Law (United Kingdom)·         Public or Private? Comparing the German and British Approaches to Enforcing Consumer Protection, Shane Patrick McNamee, University of Bayreuth (Germany)10:30-11:00         Break11:00-12:00         Parallel Sessions IIIIII.A        Legal Cosmopolitanism in Territorialized and De-Territorialized Law·         Resorting to International Instruments for the Interpretation of European Private Law, Isabelle Rueda, University of Sheffield (United Kingdom)·         International Commercial Arbitration, lex mercatoria, UNIDROIT Principles and Models Laws: Legal Cosmopolitanism within the World of Affairs?, Matteo Dragoni, University of Pavia (Italy)

III.B        Of Elites and their Influence·         On Legal Elites and the Legal Profession in Cyprus, Nikitas Hatzimihail, University of Cyprus (Cyprus)·         Anglo-Phone Legality: Ciceronian, Socratic and Derridian, Joseph P. Garske (United States)III.C        Views of Law and the Cities·         The Interaction between Non-Judicial Mechanisms of Conflict Resolution and the State: the Case Study of Maputo, Concetta Tina Lorizzo, University of Cape Town (South Africa)·         Plurality and the City, Julian Sidoli del Ceno, Birmingham City University (United Kingdom)12:00-14:00         Lunch14:00-15:30         Parallel Sessions IVIV.A       Comparative law, Circulation and Transplants·         Comparative Law in Russia and CIS, Irina Moutaye, Institute of Legislation & Comparative Law, Moscow (Russia)·         Legal Transplants and European Private Law, Domitilla Vanni di San Vincenzo, University of Palermo (Italy)·         The Circulation of Legal Arguments among Courts : The Case of Brown v. Board of Education, Maria Chiara Locchi, University of Perugia (Italy)IV.B        Intercultural Integration: Cosmopolitism and Pluralism·         Errant Law: Spaces and Subjects, Mario Ricca, University of Parma, (Italy)·         Living Together in a Critical, Pluralist and Cosmopolitan State?, Emma Patrignani, University of Lapland (Finland)·         Comparing Hybrid Legal Systems in India: Similarities in Diversity, Andrea Borroni and Marco Seghesio, Seconda Università degli Studi di Napoli (Italy) IV.C        Justified and Unjustified Enrichment·         Unjustified Enrichment: Should South Africa Venture into the Thick Forest of Passing on Defence?, Aimite Jorge, University of Namibia (Namibia)·         Unjust or Unjustified? A German-English Picture Puzzle, Nathalie Neumayer, University of Vienna (Austria)·         Contract Formation in Context of Morality, Customs and Praxeology, Jakub Szczerbowski, University of Social Sciences and Humanities (Poland)15:30-16:00         Break16:00-17:15         Plenary– Keynote·         Forms of Combined Comparative Research: Synchronised or Restricted?, Katharina Boele-Woelki, University of Utrecht (The Netherlands)19:00                     Conference DinnerThursday, June 4, 2015
9:00-10:30           Parallel Sessions VV.B         Indigenous Law and State Law·         Explicit-Implicit Legal Pluralism, Elina Moustaira, University of Athens (Greece)·         Critical Legal Pluralism in Afghanistan, Nafay Choudhury, American University of Afghanistan (Afghanistan)·         Implications of an Adaptation Theory of Indigenous Law on Legal Pluralism in Africa, Anthony C. Diala, University of Cape Town (South Africa)V.C         Shifts in Transmitting Property and Nationality·         Remodeling Values Protected by the Law of Succession in the European Union, Elwira Macierzynska-Franaszczyk, Kozminski University (Poland)·         Comparative Analyses of Testamentary Capacity, Linda Schoeman, University of Pretoria (South Africa)10:30-11:00         Break11:00-12:00         Parallel Sessions VIVI.A       Challenging Legal Traditions ·         Socio-Cultural Challenges to Comparative Legal Studies in Mixed Legal Systems, Esin Örücü, University of Glasgow (Scotland)·         From Law as a Legal Tradition to Traditions Invented Through Law: a European Perspective, Lorenzo Bairati, University of Pollenzo (Italy)VI.B        Pluralistic Views on Land Issues in Indonesia·         Controversies on the Existences of Indigenous Lands in Indonesia, Rina Shahriyani Shahrullah and Elza Syarief, Universitas Internasional Batam (Indonesia)·         Legal Pluralism and Land Administration in West Sumatra: The Implementation of the Regulations of both Local and Nagari Governments on Communal Land Tenure, Hilaire Tegnan, Andalas University, Padang (Indonesia)VI.C        Clash or Balance? Cyber Security v. Privacy, DNA v. Presumption of Innocence·         A Vague Balance between Cyber Security and Right of Privacy: Israeli, International and Italian Law in a Comparative Perspective, Paola Aurucci, University of Milan (Italy)·         A Clash of Icons? Is DNA Evidence Posing Threats to Presumption of Innocence in Ireland and France?, Michelle-Thérèse Stevenson, University of Limerick (Ireland)12:00-14:00         Lunch
14:00-15:30         Parallel Sessions VIIVII.A      Panel – Buddhist Legal Traditions·         Buddhist Tradition(s) on Law and Governance, Ignazio Castellucci, University of Trento (Italy)·         Tibetan Epiphanies of Buddhist Law, Andrea Serafino, Università del Piemonte Orientale (Italy)·         Tort Law in Buddhist Legal Traditions, Lukas Heckendorn Urscheler, Swiss Institute of Comparative Law (Switzerland)VII.B      Everyday Life, Gender and Happiness·         Cryptotypes and Implicits in Gender Issues, Barbara Pasa (paper prepared with Lucia Morra), University of Turin (Italy)·         Ethnographic Study of the Everyday Legal Pluralism in India, Karine Bates, University of Montreal (Canada)·         Love and Happiness in Law, Angelo Parisi, University of Rome Tor Vergata (Italy)15:30-16:00         Break16:00-17:00         Juris Diversitas General Meeting
17:00-17:30         Plenary – Closing Panel
Categories: Comparative Law News

NEW JOURNAL: Calumet - Intercultural LAw and Humanities Review

Wed, 05/13/2015 - 15:25
'Calumet is an on-line pioneering review. It was formed with the goal of promoting interdisciplinary collaboration in the face of problems arising from intercultural relationships and their interweaving with legal experience. The premise and starting point of Calumet is the belief that even under the lens of law, people are not norms. More and more often, individuals from different cultures come into daily contact, interact, and arrange their own affairs. History and present intercultural relationships demonstrate, however, that the law inevitably crosses their paths. Normative structures are constantly looming in the background of their actions. The presence of law, perhaps silent at first, is nevertheless ready to burst forth at the first sign of possible conflict. At the same time, every contact between norms coming from different social or political circuits transmits interactions between cultural systems. Those intercultural intertwinings must be unveiled and eviscerated if we are to solve the problems ensuing from the overlap of differing legal contexts and traditions. In the contemporary world, people and norms, words and interests are continuously crossing borders, giving rise to new spaces for relating. The description and analysis of these new spaces calls for interdisciplinary tools. Drawing on their own cultural resources, each person has the possibility of modulating the interweaving between norms, power devices, and institutional structures. On the other hand, relying on the public influence of normative languages, the same people can foster translation and creative transactions between cultural systems. Just as in a pioneering experiment, human and social sciences and their respective scholars are all called upon to contribute to the unfolding of these processes of intercultural ‘creation’. From anthropology to semiotics, philosophy and aesthetics, history and geography, literature and psycho-social disciplines, up to medicine, ecology, religious studies and the analysis of relationships between religious traditions and secular institutions, each and every discipline should be empowered to coordinate with the study and intercultural use of law. The theoretical and pragmatic outcome of such cognitive and methodological convergence is the potential to sketch out traces for a human and legal subjectivity capable of supporting peaceful co-existence on both a local and global scale.

Our hope is that Calumet can become a meeting point that serves scholars from different disciplines pursuing these ends.'
Categories: Comparative Law News

JOURNAL: (2014) 9:2 Journal of Comparative Law

Wed, 05/13/2015 - 09:53
The latest Journal of Comparative Law (Wildy & Sons), a special issue on ‘interdisciplinary study and comparative law’, is out. 
The Guest Editors are Nicholas HD Foster, Maria Federica Moscati, and Michael Palmer. 
The issue includes:
  • Nicholas HD Foster, Maria Federica Moscati, and Michael Palmer, Introduction
  • Eric Heinze, The Literary Model in Comparative Law: Shaespeare, Corneille, Racine
  • Jaakko Husa, Interdisciplinary Comparative Law – Between Scylla and Charybdis?
  • Dionysia Katelouzou, A Leximetric Approach to Comparative Corporate Governance: The Case of Hedge Fund Activism
  • Karen McAuliffe, Translating Ambiguity
  • Fernanda Pirie, Comparison in the Anthropology and History of Law
  • Marian Roberts, A View from the Coal Face: Interdisciplinary Influences on Family Mediation in the United Kingdom
  • Mathias Siems, Bringing in Foreign Ideas: The Quest for ‘Better Law’ in Implicity Comparative Law
  • Florian Wagner-von Papp, Comparative Law & Economics and the ‘Egg-Laying Wool-Milk Sow’
  • Gary Watt, The Poverty of Economics and the Hope for Humanities in Comparative Law

  • c So’n BÙI Ngo. The Discourse of Constitutional Review in Vietnam
  • Günter Frankenberg, The Innocence of Method – Unveiled: Comparison as an Ethical and Political Act
  • Emily Lee, Comparing Hong Kong and Chinese Insolvency Laws and Their Cross-Border Complexities
  • Peter Tillers, The Fabrication of Facts in Investigation and Adjudication

Noted Publications
  • Pierre Legrand, Noted Publications

  • Ross Cranston, Simon Roberts. A Court in the City. Civil and Commercial Litigation at the Beginning of the 21st Century
  • Patricia NG, Lindblom, Anna-Karin, Non-Governmental Organisations in International Law

Categories: Comparative Law News

PHOTO CONTEST: PRISMA Human Rights Photo Contest

Tue, 05/12/2015 - 05:51
The Global Campus of Master’s Programmes and Diplomas in Human Rights and Democratisation is pleased to announce the first edition of PRISMA Human Rights Photo Contest. We just launched officially the contest last week during the Venice Art Biennale opening, with Alfredo Jaar as a special guest. The photo contest is open from May 1 and will accept submissions through June 30 2015. We invite photographers, professional and amateur, from any part of the world to submit their work.
The selected images will be displayed, along with photographs by a special guest photographer, in an exhibition in Venice, at the Monastery of San Nicolò, the premises of EIUC the European Inter-University Centre for Human Rights and Democratisation in September 2015, during the 72nd Venice International Film Festival.
The goal of PRISMA is to complement academic research with other media of knowledge, such as photography, to reach a wider international public and foster a better understanding of human rights issues and their protection. PRISMA aims at being not only a photographic contest but also to become an annual event for photography on human rights worldwide. Furthermore, PRISMA’s purpose is to create a network of artists, intellectuals and professionals interested in strengthening the protection of human rights and the promotion of democracy and peace.
The theme for the 2015 edition is “Freedom”. The value of Freedom is at the very core of the concept of human rights: freedom from oppression, freedom of speech and belief, freedom from fear, freedom of thought and freedom of opinion. The images submitted for the photo competition should illustrate the relevance of “Freedom” as a fundamental human right and the importance of defending it.

For more detailed information please visit www.prismaphotocontest.com
Categories: Comparative Law News

eJOURNAL ANNOUNCEMENT: Potchefstroom Electronic Law Journal

Mon, 05/11/2015 - 05:51
The 2015 vol 18 no 1 issue of the Potchefstroom Electronic Law Journal (PER) is now freely available at http://www.nwu.ac.za/p-per/2015%2818%291. As follows the index of the current issue:
1.    Domestic Partners and "The Choice Argument": Quo Vadis?B Coetzee Bester and A Louw
http://dx.doi.org/10.4314/pelj.v18i1.012.    When does State Interference with Property (now) Amount to Expropriation? An Analysis of the Agri SA Court's State Acquisition Requirement (Part I)
EJ Marais
http://dx.doi.org/10.4314/pelj.v18i1.023.    When does State Interference with Property (now) Amount to Expropriation? An Analysis of the Agri SA Court's State Acquisition Requirement (Part II)
EJ Marais
http://dx.doi.org/10.4314/pelj.v18i1.034.    Leveraging Traditional Knowledge on the Medicinal Uses of Plants within the Patent System: The Digitisation and Disclosure of Knowledge in South Africa
EP Amechihttp://dx.doi.org/10.4314/pelj.v18i1.045.    The South African Companies Act and the Realisation of Corporate Human Rights ResponsibilitiesM Gwanyanyahttp://dx.doi.org/10.4314/pelj.v18i1.056.    A Future for the Doctrine of Substantive Legitimate Expectation? The Implications of Kwazulu-Natal Joint Liaison Committee v Mec for Education, Kwazulu Natal
M Murcotthttp://dx.doi.org/10.4314/pelj.v18i1.067.    Inclusive Basic Education in South Africa: Issues in its Conceptualisation and Implementation
LN Murungihttp://dx.doi.org/10.4314/pelj.v18i1.078.    "Just Piles of Rocks to Developers but Places of Worship to Native Americans" - Exploring the Significance of Earth Jurisprudence for South African Cultural CommunitiesMM Ratibahttp://dx.doi.org/10.4314/pelj.v18i1.089.    Legal Aspects with Regard to Mentally Ill Offenders in South Africa
M Swanepoelhttp://dx.doi.org/10.4314/pelj.v18i1.0910.  Huidige Regsontwikkeling ten aansien van Uitwinbaarverklaring van ʼn Verband oor ʼn Onroerende SaakMMM Fuchshttp://dx.doi.org/10.4314/pelj.v18i1.1011.  What Constitutes a Benefit by Virtue of Section 186(2) of the Labour Relations Act 66 of 1995?Apollo Tyres South Africa (Pty) Ltd v CCMA 2013 5 BLLR 434 (LAC)
E Fouriehttp://dx.doi.org/10.4314/pelj.v18i1.11
Categories: Comparative Law News

CONFERENCE ANNOUNCEMENT: International Law as a Mechanism for Justice

Mon, 05/11/2015 - 04:20
International Law Association British Branch Spring Conference
International Law as a Mechanism for Justice
Location: University of Essex, Colchester Campus.
Dates: Friday 29 and Saturday 30 May 2015.

Click here for further information.
Categories: Comparative Law News

JURIS DIVERSITAS BOOK SERIES: Update and Call for Proposals

Fri, 05/08/2015 - 07:39
Juris Diversitas is proud to have a book series with Ashgate Publishing (we're also a Publishing Partner): 
Rooted in comparative law, the Juris Diversitas Series focuses on the interdisciplinary study of legal and normative mixtures and movements. Our interest is in comparison broadly conceived, extending beyond law narrowly understood to related fields. Titles might be geographical or temporal comparisons. They could focus on theory and methodology, substantive law, or legal cultures. They could investigate official or unofficial ‘legalities’, past and present and around the world. And, to effectively cross spatial, temporal, and normative boundaries, inter- and multi-disciplinary research is particularly welcome. 
Since October 2014, the following titles have been published:
  1. Seán Patrick Donlan and Lukas Heckerdon-Ursheler (eds), Concepts of Law: Comparative, Jurisprudential, and Social Science Perspectives 
  2. Sue Farran, Esin Örücü, and Seán Patrick Donlan (eds), A Study of Mixed Legal Systems: Endangered, Entrenched, or Blend
  3. Vernon Palmer, Mohamed Y Mattar, and Anna Koppel (eds), Mixed Legal Systems, East and West
  4. Daniela Berti, Anthony Good, and Gilles Tarabout (eds), Of Doubt and Proof: Ritual and Legal Practices of Judgment
  5. Shauna van Praagh and Helge Deldek (eds), Stateless Law: Evolving Boundaries of a Discipline
Among other titles, the following are due in 2015:While we anticipate publishing future collections (original, conference-based, Festschriften, etc), we're also very interested in publishing monographs and student texts. 
Note that selected volumes are also provided free with membership.
In addition, Ashgate Publishing is delighted to offer members of Juris Diversitas a special discount of 20% on all Ashgate’s titles. 
How to claim your Ashgate discount. 
Categories: Comparative Law News

BOOK (Juris Diversitas): Dedek and van Praagh (eds), Stateless Law: Evolving Boundaries of a Discipline

Fri, 05/08/2015 - 07:06
Juris Diversitas is delighted to announce the publication, with Ashgate Publishing, of our latest volume:

Helge Dedek and Shauna van Praagh (eds), Stateless Law: Evolving Boundaries of a Discipline.

As the book's blurb explains:

This volume offers a critical analysis and illustration of the challenges and promises of ‘stateless’ law thought, pedagogy and approaches to governance - that is, understanding and conceptualizing law in a post-national condition. From common, civil and international law perspectives, the collection focuses on the definition and role of law as an academic discipline, and hybridity in the practice and production of law. With contributions by a diverse and international group of scholars, the collection includes fourteen chapters written in English and three in French.

Confronting the ‘transnational challenge’ posed to the traditional theoretical and institutional structures that underlie the teaching and study of law in the university, the seventeen authors of Stateless Law: Evolving Boundaries of a Discipline bring new insight to the ongoing and crucial conversation about the future shape of legal scholarship, education and practice that is emblematic of the early twenty-first century.

This collection is essential reading for academics, institutions and others involved in determining the future roles, responsibilities and education of jurists, as well as for academics interested in Law, Sociology, Political Science and Education.

Reviewers have said:

‘This collection is a brilliant, insightful resource on the relationships between the law and the state in the West. A must-have for anyone interested in critically understanding the historical process of construction of Western law as an intellectual (and largely stateless) discipline.' - Mauro Bussani, University of Trieste, Italy

‘Legal educators must open their students to a world of multi-national markets and corporations, the European Union, and the increasing federalization of existing nations, a world in which the identity of law and state is increasingly destabilized. This remarkable set of essays, owing so much to McGill University's trail-blazing effort to shape the legal education it offers to these realities, sets a high standard for scholarship on this challenge.’ - Peter L. Strauss, Columbia Law School, USA

‘Stateless Law is an extremely impressive collection of ground-breaking contributions concentrating on a much-needed and overdue systematic exploration of law outside of the territorial paradigm. There is a need of this kind of “undisciplined” scholarship to overcome a state-centered bias that still spells the western lawyer.’ - Ugo Mattei, UC Hastings, USA and University of Turin, Italy

Additional information, including the tablet of contents, preface, and index, are available here.
Categories: Comparative Law News