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CONFERENCE: "Police and Justice. The Gordian knot" (Geneva, 20-22 November 2014)

 (image source: Wikimedia Commons)
The University of Geneva and the "International Association for the History of Crime and Criminal Justice" organize an international colloquium on the history of police and justice, focusing on the transition from Enlightenment to the liberal State.

More information 

Program (source: Nomôdos):
Université de Genève - Faculté des Lettres - Unité d'Histoire Moderne / DamoclèsANR SYSPOE (Systèmes policiers européens, 18e-19e s.)International Association for Crime and Criminal JusticeColloque international
Police et Justice: Le noeud gordienDu temps des Lumières à l’État libéral(1750-1850)
Genève (Uni Bastions, B 111)20-22 novembre 2014Programme
Jeudi 20 novembre 20149h. - Accueil
  • 9h30. - Mot de bienvenue: Christine CHAPPUIS, doyenne de la Fac. de droit (Uni. de Genève)
  • 9h45. - Introduction au colloque: Marco CICCHINI, Michel PORRET (Uni. de Genève)
10h15. - SÉANCE 1. POLICE ET JUSTICE: L’EMBOÎTEMENT (I)Présidence de séance: Vincent Milliot (Uni. de Caen)
  • Les abus de pouvoir de José Conejo, alcalde de barrio à Mexico à la fin du XVIIIe siècle, Arnaud EXBALIN (Casa de Velázquez, Madrid)
  • Policier le matin et juge l’après-midi: l’imbrication des fonctions de police et justice à Lisbonne sous l’Ancien Régime, Flávio BORDA D’ÁGUA (Uni. de Genève)
  • Justice et police dans l’Espagne des Lumières: le cas des "alcaldes de barrio" de Valladolid, Lourdes AMIGO VÁZQUEZ (Uni. de Murcia)
12h15. - Déjeuner14h. - SÉANCE 2. POLICE ET JUSTICE : L’EMBOÎTEMENT (II)Présidence de séance: Marco Cicchini
  • Du délit à la peine: les policiers du Tribunal de Police de Marseille dans le processus pénal (seconde moitié du XVIIIe siècle), Audrey ROSANIA (Uni. d’Aix-Marseille)
  • Juges et policiers. De la fondation de la Royale audience d’Estrémadure à l’établissement de la Surintendance Générale de la Police (1790-1824), Miguel Ángel MELÓN (Uni. de Extremadura), Gregorio SALINERO (Uni. de Paris-1)
  • Les "Capitanes pedáneos", juges et policiers à Cuba (1765-1851), François GODICHEAU (Uni. de Bordeaux, IUF)
15h30. - Pause16h. - SÉANCE 3. CRIMES ET DÉSORDRES SOUS L’OEIL DE LA POLICE (I)Présidence de séance : Michel Porret
  • La répression du vol nocturne à Genève vers 1750: les efforts conjoints de la police et de la
  • justice pour l’établissement de la "sûreté publique", Lucie BUTTEX (Uni. de Genève)
  • Criminalisation de la contrebande: fiscalité, police et justice de l’Ancien Régime à la Révolution française, Michael KWASS (Johns Hopkins University)
  • Dénouer le noeud gordien ? Justice et police dans l’Essai sur les lettres de cachet de Chrétien-Guillaume Lamoignon de Malesherbes, Vincent DENIS (Uni. de Paris-1, IUF)
18h. - CONFÉRENCE
  • From a concept to an institution: "Police" in Europe 1750-1850, Clive EMSLEY (Open University)
19h15. - BuffetVendredi 21 novembre 2015
9h. - SÉANCE 4. CRIMES ET DÉSORDRES SOUS L’OEIL DE LA POLICE (II)Présidence de séance: Elisabeth Salvi (Uni. de Genève)
  • La police judiciaire à l’épreuve du "banditisme" sous la Révolution et l’Empire: l’affaire des garotteurs de la Dyle, Xavier ROUSSEAUX (Uni. catholique de Louvain)
  • "Veiller les malfaiteurs pour éventer le crime". Le préfet, la police judiciaire et la répression du brigandage sous l’Empire, Vincent FONTANA (Uni. de Genève)
  • Police administrative, justice préventive? Sens et usages du délit de vagabondage en France (1815 1850), Pierre GAUME (EHESS)
10h30. - Pause10h50. - SÉANCE 5. CRIMES ET DÉSORDRES SOUS L’OEIL DE LA POLICE (III)Présidence: Alessandro Pastore (Uni. di Verona)
  • "En ma qualité de lieutenant de police, il etoit de mon devoir de chercher les causes… ». La naissance de l’enquête policière à Namur, 1769-1793, Antoine RENGLET (Uni. de Lille-3)
  • Les inspecteurs de la sûreté ou "l’invention pratique" de la police judiciaire dans le Paris des Lumières, Vincent MILLIOT, Rachel COUTURE (UQAM)
  • Enquêtes de police et ouverture de la procédure judiciaire. Le rôle des curés dans le Tribunal du Vicaire de Rome pendant la Restauration, Chiara LUCREZIO MONTICELLI (Deutsches Historisches Institut, Roma)
12h30. - Déjeuner14h15. - SÉANCE 6. RÉFORME ET AUTONOMIE DE LA POLICEPrésidence de séance: Catherine Denys (Uni. de Lille-3)
  • Agir avec justice et pour la justice: le cas des agents de la Lieutenance de police dans la deuxième moitié du XVIIIe siècle, Nicolas VIDONI (Uni. d’Aix-Marseille)
  • La mort d’une magistrature: le cas du Tribunal de santé du Duché de Milan, Livio ANTONIELLI (Uni. di Milano)
  • Réformes de police et magistratures de justice en Italie (1770-1800), Brigitte MARIN (Uni. d’Aix-Marseille)
  • L’expérience dramatique de Luigi De Medici, chef de la police napolitaine (1791-1795), Giorgia ALESSI (Uni. di Napoli)
16h. - Pause16h20. - SÉANCE 7. LA SÉPARATION DES POUVOIRS EN QUESTIONPrésidence de séance: Fabrice Brandli (Uni. de Genève)
  • Situare la polizia: i dilemmi dello Stato italico (1796-1814), Simona MORI (Uni. di Bergamo)
  • La garantie judiciaire dans la procédure des visites domiciliaires: un principe à l’épreuve des faits de police (1795-1835), Loris CHAVANETTE (Uni. de Paris Est Créteil)
  • Polizia, giustizia, costituzioni nel Triennio repubblicano. Il caso della Cisalpina, Michele SIMONETTO (EHESS)
  • Régime des droits vs utilité publique. Justice, police et administration, France–Grande-Bretagne, 1750-1850, Thomas LE ROUX (Maison française d’Oxford/EHESS)
20h. - Dîner du colloqueSamedi 22 novembre 20149h. - SÉANCE 8. HAUTE POLICE ET JUSTICEPrésidence de séance: Jean-Marc Berlière (Uni. de Bourgogne/CESDIP)
  • La haute police impériale (1799-1815): quand la police s’affranchit de la justice?, Jeanne-Laure LE QUANG (Uni. Paris-1)
  • Le juge, le préfet et l’acquitté: la justice pénale face aux mesures de haute police sous le Consulat et l’Empire, Emmanuel BERGER (Uni. de Namur)
  • Police ou justice? La qualification juridique des infractions ‘politiques’ dans la Modène de la première moitié du XIXe siècle, Elio TAVILLA (Uni. di Modena)
10h30. - Pause10h45. - CONCLUSIONS DU COLLOQUE, René LÉVY (CESDIP)12h15. - Déjeuner de clôtureOrganisation
  • Marco CICCHINI (Uni. de Genève, Damoclès)
  • Vincent DENIS (Uni. de Paris 1, Syspoe)
  • Vincent MILLIOT (Uni. de Caen, Syspoe)
  • Michel PORRET (Uni. de Genève, Damoclès)
Comité scientifique
  • Livio ANTONIELLI (Uni. di Milano), Pascal BASTIEN (UQAM)
  • Jean-Marc BERLIÈRE (Uni. de Bourgogne/CESDIP)
  • Frédéric CHAUVAUD (Uni. de Poitiers), Catherine DENYS (Uni. de Lille 3)
  • Clive EMSLEY (The Open University)
  • Paul FRIEDLAND (Gunzburg Center for European Studies, Harvard University)
  • Donald FYSON (Uni. Laval, Québec)
  • Karl HÄRTER (Max-Planck-Institute für europäische Rechtsgeschichte)
  • Anja JOHANSEN (Uni. of Dundee)
  • René LÉVY (CESDIP)
  • Brigitte MARIN (Uni. d’Aix-Marseille)
  • Alessandro PASTORE (Uni. di Verona)
  • Xavier ROUSSEAUX (Uni. catholique de Louvain).
Avec le soutien de:
  • École doctorale Archives des Lumières 
  • Maison de l’histoire (Unige)
  • Faculté des lettres
  • Département d’histoire générale
  • Fonds national suisse de la recherche scientifique (FNS)
  • Commission administrative (Unige)
  • Société académique de Genève
Contact:Source: http://syspoe.hypotheses.org/410
Categories: Comparative Law News

JOURNAL: NEW Journal of Civil Law Studies

Juris Diversitas - Tue, 11/11/2014 - 14:56
The Journal of Civil Law Studies is a peer-reviewed, online and open-access periodical, published by the Center of Civil Law Studies. LSU Law students participate in the editorial process once papers have been accepted for publication. First published in 2008, it promotes a comparative and interdisciplinary approach to the civil law in Louisiana and in the world.
Current Issue: Volume 7 (2014), Issue 1Front MatterPDFCover, Masthead, & Contents
ArticlesPDFLaw and the Lodestar: Tunisian Civil Law and the Task of Ordering Plurality in the Aftermath of the Jasmine Revolution
Dan E. StigallPDFMixed Jurisdiction and the Scottish Legal Tradition: Reconsidering the Concept of Mixture
Stephen ThomsonPDFCivil Status and Civil Registry: Current Trends in Spanish Law
Sofia de Salas MurilloPDFEnlarged State Power to Declare Nullity: The Hidden State Interest in the Chinese Contract Law
Hao JiangCivil Law TranslationPDFLouisiana Civil Code - Code civil de Louisiane - Book III, Titles 7 and 8
Center of Civil Law StudiesCivil Law in the WorldPDFArgentina - On Codes, Marriage, and Access to Justice: Recent Developments in the Law of Argentina 
Julieta Marotta and Agustín ParisePDFThe Netherlands - New Developments in Dutch Company Law: The “Flexible” Close Corporation
Lars van VlietPDFSwitzerland - News from Switzerland (2012-2014): Major Reform of the Rules on Unfair Competition and of Domestic and International Family Law
Thomas Kadner Graziano and Michel ReymondRediscovered Treasures of Louisiana LawPDFTranslators’ Preface to the Laws of Las Siete Partidas which are Still in Force in the State of Louisiana
Louis Moreau-Lislet, Henry Carleton, and Agustín PariseComplete IssuePDFComplete V.7 No.1
Categories: Comparative Law News

ARTICLE: "From Gospel to Law: The Lutheran Reformation and Its Impact on Legal Culture", by J. Witte


John Witte, Emory University School of Law on From Gospel to Law: The Lutheran Reformation and Its Impact on Legal CultureMark A. Noll and Tal Howard, eds., Protestantism? Reflections in Advance of the 500th Anniversary of the Protestant Reformation, 1517-2017, Forthcoming Emory Legal Studies Research Paper No. 14-308  
full text hereAbstractThe Lutheran Reformation transformed not only theology and the church, but also law and the state. Despite Luther’s burning of the canon law books and his berating of lawyers as bad Christians, he soon realized that he needed both law and the legal profession to preserve his theological reforms, and to extend them into the realms of marriage, education, social welfare and more. Luther and his colleagues ultimately reconciled the new dialectics between Gospel and Law, church and state, spiritual life and temporal life through Luther’s complex two-kingdoms theory, which remains at the heart of Lutheran thought to this day. They ultimately synthesized their reforms of public and private life in hundreds of new confessions and catechisms, orders and ordinances, which still shape the laws and policies of Lutheran churches and states to this day.
Categories: Comparative Law News

ARTICLE: "How Do Things Get Started? Legal Transplants and Domestication: An Example from Colonial New Zealand", by S. Dorsett



SHAUNNAGH DORSETT, University of Technology Sydney, Faculty of Law on "How Do Things Get Started? Legal Transplants and Domestication: An Example from Colonial New Zealand"
full text here

Abstract‘Unearthing’ is a problematic task for historians. To some extent it assumes continuity between the past and the present, and that matters identified by whatever means as ‘traditions’ in the present were understood that way in the past. It is a backward looking task, rather than an exploration of understandings at a moment in time. Rather than ‘unearthing’, this article seeks to start at the beginning and to think about how things get going in colonies. It pays attention to foundations and to questions of institutional design. This article draws on literature on legal transplants, and examines one example of a legal transplant in New Zealand: the Resident Magistrates’ Court, focusing in particular on its civil jurisdiction. If not the ‘number eight wire’ approach, it is a recognition of pragmatism - the ways in which legal forms, both discursive and institutional, circulated Empire and are made and remade in new times and places in response to local circumstance.

Categories: Comparative Law News

CALL FOR PAPERS: "Dreaming of the International Rule of Law – A History of International Courts and Tribunals" - European Society of International Law, Interest Group History of International Law (Deadline 15 February 2015)

We received the following call from the ESIL's Interest Group "History of International Law":

Dreaming of the International Rule of Law – A History of International Courts and Tribunals


(image, "Los caprichos de Goya - "The dream of Reason Creates Monsters" (Google Art Project) source: Wikimedia Commons)

On the occasion of The ESIL 11th Annual Conference, to be held in Oslo, 10 – 12 September 2015. The Judicialization of International Law – A Mixed Blessing? The ESIL’s interest group on the History of International Law http://esilhil.blogspot.co.uk/ invites submissions, in English or French.

For all the current anxiety surrounding the judicialization of international politics, the contemporary growth of international courts and tribunals, which shows the continuing appeal of the “domestic analogy” in shaping the intellectual imagination of the discipline, may arguably be considered a dream made true for the long-standing aspirations of professional relevance of international lawyers. The promise of a more perfected international rule of law is among the factors that account for the fact that the establishment of new international courts and tribunals has accompanied the proliferation of international institutions and the diversification of international law for the last 25 years’-long post-cold war period.

Against this background, submissions are welcomed in two interdependent categories. On the first hand, the IGHIL invites submissions addressed to examine the histories of the creation of “successful” international courts and tribunals, in the sense of institutionally established and operative ones. On the other, the IGHIL welcomes submissions addressed to examine the histories of short-lived, aborted or failed international courts and tribunals as well as the history of projects for international courts of tribunals that remained “dead letter” and/or are still “in nuce".

Authors are invited to consider factors of failure/success in the creation, disappearance or non- emergence of international courts and tribunals in light of their legitimacy of origin and exercise as well as other factors. These may include, but are not limited to e.g. the role of particularly inspirational figures or social movements, the contextual-historical relevance of different international legal philosophies or the impact of context-breaking events in the history of international law.

Each submission should include:
– An abstract of no more than 400 words
– The intended language of presentation
– A short curriculum vitae containing the author’s name, institutional affiliation, contact information and e-mail address.

Applications should be submitted to both Ignacio de la Rasilla del Moral and Randall Lesaffer by 15th February 2015. All applicants will be notified of the outcome of the selection process by 15th March 2015.

Selection will be based on scholarly merit and with regard to producing an engaging workshop, without prejudice to gender, seniority, language or geographical location. Please note that the ESIL Interest Group on the History of International Law is unable to provide funds to cover the conference registration fee or related transport and accommodation costs.
Categories: Comparative Law News

SEMINAR: The Next Meeting of the Edinburgh Roman Law Group (Edinburgh, 3 December 2014)


WHAT: Property: An Essay in Fan Fiction, meeting of the Edinburgh Roman Law Group
WHERE: MacCormick Seminar Lorimer Room, Old College, Edinburgh
WHEN: 3 December 2014, 5:30 pm
all information here
Speaker
James Lee (Dickson Poon School of Law, KCL)
The speaker has provided the following blurb:“This paper draws upon Roman and contemporary debates about the scope and applicability of property rights in certain instances to consider the extent to which ‘property’ is used in an instrumental and fictive way. It argues that, properly understood, property rights are not essentially fictional, but that their misapplication is potentially harmful to the coherence of the law.”
Categories: Comparative Law News

ANNOUNCEMENT: Happy Hour Salon "Producing Political and Legal Knowledge Through Cross-Disciplinary Engagements”

Juris Diversitas - Fri, 11/07/2014 - 08:01
Organized by the Association for Political and Legal Anthropology (APLA) the "Happy hour Salon" will take place on Wednesday, December 3rd, 6-8 pmClick here to view the brochure of the event.Networking, drinks, appetizers, and an inter-disciplinary panel about how anthropological knowledge is used and understood beyond the discipline, especially in policy, law, and politics. 
Panelists- Professor Clara Han, Associate Professor of Anthropology, Johns Hopkins University - Professor Susan F. Hirsch, Professor of Conflict Resolution and Anthropology, George Mason University- Professor Steven Livingston, Professor of Media and Public Affairs and International Affairs, The George Washington University- Dr. Helena Silverstein, Professor Jon B. Gould, Program Officers, Law and Social Sciences, National Science Foundation
RSVP jennifer.curtis@ed.ac.uk

Categories: Comparative Law News

CALL FOR TRACK PROPOSALS:Inequality, Equality, and Difference Call for Tracks and Track Organizers

Juris Diversitas - Fri, 11/07/2014 - 07:46
The 2015 conference of the Society for the Anthropology of North America (SANA) will take place April 16-18 at John Jay College of the City University of New York with the theme “Inequality, Equality, Difference” (see below). The conference will be organized around several tracks, each comprising two days of sustained discussion and analysis around issues of key importance to North American society. We are now seeking proposals from individuals and groups to lead and develop tracks, which should relate to the overall conference theme.

Track Editors will each design two days of programming that creates opportunities for 15-45 conference participants. They will work closely with SANA leadership, as they recruit some submissions based in their own networks and reserve slots for submissions solicited through a forthcoming Call for Papers. We encourage themes that are broad enough to speak to an array of thinkers but specific enough to foster deep and coherent inquiry. In addition to standard paper panels, track organizers are invited to explore alternative formats for sessions such as:  roundtables; response panels to previously-circulated papers; interlocutor sessions with informants or activists; keynote talks; keyword sessions; and field trips. Track editors may want to encourage pre-conference interactions (e.g., circulated papers, thoughts, shared documents, postings, etc.) so as to make conference interactions as substantive and productive as possible. The conference, perhaps best conceived as a kind of mini-school, is cumulative. It works best when participants make connections between sessions and thematic discussions build over the course of the two-day engagement. Each track should conclude with a meeting to identify emerging themes, keywords and observations that can be shared with all conference participants at the closing session. Proposals are accepted from everyone from graduate students to senior faculty and should include:
• Track Justification (200-300 words): Present the themes’ breadth and depth and relevance to North American anthropology.
• Program Ideas and Preliminary Structure (200-300 words): A proposal (as specific as possible) about the exact form of the two days of programming (roughly two 6-hour days). Priority is given to novel  organization and potential for active involvement of all track participants.
• Recruitment Strategy (150-200 words): As specific a plan as possible for recruiting participants, including names and abstracts of potential/confirmed participants. Please remember: several slots will likely be added once abstracts are received from the general Call for Papers. Priority is given to inclusive proposals that welcome a range of participants.
Proposals should be submitted as an attachment and in-line text in an email to Michael Polson, Conference Chair, at sanaconference2015@gmail.com by November 14. Questions may also be directed to this email. Decisions will be made shortly after the AAA conference in December after which a Call for Papers will be circulated.
Conference theme: Inequality, Equality and Difference
Inequality has recently found its way back into popular discourse. Buffeted by economic and ecological crises and haunted by a welfare-turned-surveillance state, many have come to doubt the ability of the present social  system to produce an equitable, sustainable society. This doubt undergirded social movements from the Right and Left, with widely ranging demands, and has in turn been taken up particularly by a liberal economic, political, and intellectual “establishment.” Some see a genuine opportunity to reduce and eliminate inequality while others see a cynical rearguard defense of an unequal system in crisis. 
North American anthropologists have historically had a great deal to say about inequality. From bodies to body politics, inequalities can be made highly visible for radical or conservative aims or effaced under other logics of difference and power (e.g. “national security,” “public safety,” “economic growth”). Inequality can be many things: lived experience, social metrics, an administered and organized system of difference, a deviation from an ideal state of equality, a legal criteria, a problem in need of activist or institutional intervention. Inequality, in these definitions, doggedly and systemically persists—as does the belief in an often under-theorized equality. In this vein, 
• When does inequality become legible and illegible? Through what discourses, practices, and logics? To whom? Toward what end? • Who makes interventions to address inequality? How do these articulate with or oppose systems of rule? What rules, rulers, and rulings stabilize unequal conditions and deliver equality?• How do frames of “inequality” and “equality” differ from other frames of difference and power, like those that separate humans from the natural world, citizens from non-citizens, states from people, able-bodied and differently-abled people, and propertied from non-propertied? • Why do some forms of inequality—gay marriage, drug laws, healthcare and food systems—seem amenable to a degree of rectification while other systems of inequality production—voter laws, immigrant rights, redevelopment, trade pacts, intelligence capacities, racialized policing—seem impervious to redress? • Can conditions of inequality be something other than oppressive? How do people re-signify inequality?• Where and what is equality?
In this conference, we aim to ferret out how anthropologists frame inequality, equality and difference, how these frames inhere in society, and what realities they reflect and refract.

Pursuing Justice in Africa Conference27th-28th March 2015, University of Cambridge http://www.crassh.cam.ac.uk/events/25640Convenors: Jessica Johnson and George Karekwaivananehttp://www.crassh.cam.ac.uk/events/25640
In recent decades, justice has been overshadowed as a subject of concern to scholars of Africa by vast literatures centring on rights, crime, punishment, policing and social order. This neglect of justice is striking given the increasing presence of international justice institutions, such as the International Criminal Court, on the African continent and the remarkable diversity of legal structures of justice. Across Africa, complex pluralities of ‘customary’, religious, state, and transnational justice regimes interact on what is often contested terrain. This interdisciplinary conference will place the past and present negotiation of competing notions of justice under scrutiny, with the aims of:
*      Moving beyond currently dominant themes in socio-legal studies of Africa by asking broader questions about the aims and aspirations of those engaging with formal, informal or ‘customary’ law, legal reform, and legal institutions.*    Exploring the potential of a focus on justice to overcome limitations associated with the study of human rights, not least their questionable resonance with the vernacular concerns of African citizens. And at the same time, probing the relationship between rights and justice.
*      Considering the conceptual possibilities of justice as a means of bypassing contested notions of legal pluralism for understanding intersections of local, national and international legalities.
*       Remaining alert to what a focus on justice might obscure or exclude. How, for example, does the language of justice relate to concerns about power and inequality?
*      Gathering together scholars from a variety of disciplines whose work converges on issues of justice in Africa and whose projects have not previously been brought into conversation.
The focus of the conference is on the many and varied actors pursuing visions of justice in Africa – their aspirations, divergent practices and articulations of international and vernacular idioms of justice. We will bring together topics of research that are at the cutting edge of contemporary scholarship across a wide range of disciplines, including activism, resource extraction, international legal institutions, and post-conflict reconciliation. Our engagement will be both empirical and theoretical: we aim to grapple with alternative approaches to the concept of justice and its relationships with law, morality, and rights. The keynote address will be given by Professor Kamari Maxine Clarke.We welcome papers from a range of disciplines, including - but not limited to - anthropology, history, law, criminology and politics. In order to allow time for discussion, presentations will be limited to 20 minutes. We have limited funding to contribute towards the travel costs of a junior scholar based in an African University, but are otherwise unable to fund delegates’ travel and accommodation. We will cover registration costs and conference meals for all speakers, and can provide advice about accommodation in Cambridge.

To apply please send a 300-word abstract to pursuingjusticeinafrica@gmail.com by 28 November 2014.
Categories: Comparative Law News

BOOK: Tuori on Ancient History and Legal Realism in the Making of Legal Anthropology

An exciting new book by Kauis Tuori has been published by Routledge.Lawyers and SavagesAncient History and Legal Realism in the Making of Legal AnthropologyLegal primitivism was a complex phenomenon that combined the study of early European legal traditions with studies of the legal customs of indigenous peoples. Lawyers and Savages: Ancient History and Legal Realism in the Making of Legal Anthropology explores the rise and fall of legal primitivism, and its connection to the colonial encounter. Through examples such as blood feuds, communalism, ordeals, ritual formalism and polygamy, this book traces the intellectual revolution of legal anthropology and demonstrates how this scholarship had a clear impact in legitimating the colonial experience. Detailing how legal realism drew on anthropology in order to help counter the hypothetical constructs of legal formalism, this book also shows how, despite their explicit rejection, the central themes of primitive law continue to influence current ideas – about indigenous legal systems, but also of the place and role of law in development.Written in an engaging style and rich in examples from history and literature, this book will be invaluable to those with interests in legal realism, legal history or legal anthropology.
Categories: Comparative Law News

BOOK: Tuori on Ancient History and Legal Realism in the Making of Legal Anthropology

Juris Diversitas - Thu, 11/06/2014 - 08:02
An exciting new book by Kauis Tuori has been published by Routledge.Lawyers and SavagesAncient History and Legal Realism in the Making of Legal AnthropologyLegal primitivism was a complex phenomenon that combined the study of early European legal traditions with studies of the legal customs of indigenous peoples. Lawyers and Savages: Ancient History and Legal Realism in the Making of Legal Anthropology explores the rise and fall of legal primitivism, and its connection to the colonial encounter. Through examples such as blood feuds, communalism, ordeals, ritual formalism and polygamy, this book traces the intellectual revolution of legal anthropology and demonstrates how this scholarship had a clear impact in legitimating the colonial experience. Detailing how legal realism drew on anthropology in order to help counter the hypothetical constructs of legal formalism, this book also shows how, despite their explicit rejection, the central themes of primitive law continue to influence current ideas – about indigenous legal systems, but also of the place and role of law in development.Written in an engaging style and rich in examples from history and literature, this book will be invaluable to those with interests in legal realism, legal history or legal anthropology.
Categories: Comparative Law News

FELLOSHIP: "Law and Social Science Dissertation Fellowship & Mentoring Program, 2015-2017"




Law and Social Science Dissertation Fellowship & Mentoring Program, 2015-2017

PurposeThe Law and Society Association, in collaboration with the American Bar Foundation and the National Science Foundation, seeks applications for the Law and Social Science Dissertation Fellowship and Mentoring Program (LSS Fellowship).
AwardsFellowships are held in residence at the American Bar Foundation in Chicago, IL, where Fellows are expected to participate in the intellectual life of the ABF, including participation in a weekly seminar series. LSS Fellows will receive a stipend of $30,000 per year beginning Fall 2015. Fellows will attend LSA annual meetings in both years of the fellowship and the Graduate Student Workshop in the first year of the fellowship.  Fellows will receive up to $1,500 for research and travel expenses each year.  Relocation expenses up to $2,500 may be reimbursed one time.
EligibilityThird-, fourth-, and fifth-year graduate students who specialize in the field of law and social science and whose research interests include law and inequality are invited to apply.  Fellowship applicants should be students in a Ph.D. program in a social science department or an interdisciplinary program.  Humanities students pursuing empirically-based social science dissertations are welcome to apply.  Applicants are also eligible to apply for the American Bar Foundation’s Doctoral Fellowship Program in Law and Social Science. Only U.S. citizens and permanent residents are eligible to apply.


Application Materials RequiredApplicants should submit:  (1) a 1-2 page letter of application; (2) a 2-3 page description of a research project or interest that relates to law and inequality (broadly defined) with a statement of how the applicant became interested in the research topic; (3) a resume or curriculum vitae; (4) a writing sample (a paper written for a graduate-level course or dissertation prospectus); and (5) three letters of recommendation from faculty members (including one from the faculty member who will serve as the departmental liaison – typically the applicant’s advisor).  If you are also applying for the American Bar Foundation Doctoral Fellowship, please indicate so in your cover letter.
Applications for this fellowship must be received no later than December 1, 2014.
Please submit your complete application for the LSS Fellowship online.  Direct all questions or concerns relating to your application submission to Amanda Ehrhardt, (312) 988-6517, aehrhardt@abfn.org.



Categories: Comparative Law News

FELLOWSHIP: "ABF Doctoral/Post-Doctoral Fellowship Program in Law and Social Science"



ABF Doctoral/Post-Doctoral Fellowship Program in Law and Social Science


PurposeThe American Bar Foundation is committed to developing the next generation of scholars in the field of law and social science.  The purpose of the fellowships is to encourage original and significant research on law, the legal profession, and legal institutions.
EligibilityFor the Doctoral/Post-Doctoral Fellowships, applications are invited from outstanding students who are candidates for Ph.D. degrees in the social sciences.  Applicants must have completed all doctoral requirements except the dissertation by September 1, 2015.  Applicants who will have completed the dissertation prior to September 1, 2015 are also welcome to apply.  Doctoral and proposed research must be in the general area of sociolegal studies or in social scientific approaches to law, the legal profession, or legal institutions. The research must address significant issues in the field and show promise of a major contribution to social scientific understanding of law and legal process.  Minority students are especially encouraged to apply. Applicants are also eligible to apply for the American Bar Foundation and Law and Society Association’s Law and Social Science Dissertation Fellowship & Mentoring Program.
AwardsFellows receive a stipend of $30,000 for 12 months.  Fellows also may request up to $1,500 to reimburse expenses associated with research, travel to meet with advisors, or travel to conferences at which papers are presented.  Relocation expenses up to $2,500 may be reimbursed on application.
TenureFellowships are awarded for 12 months, beginning, September 1, 2015.
ConditionsFellowships are held in residence at the American Bar Foundation.  Appointments to fellowships are full time.  Fellows are expected to participate fully in the academic life of the ABF so that they may develop close collegial ties with other scholars in residence.
Application ProcessApplications must include:  (1) a dissertation abstract or proposal with an outline of the substance and methods of the research; (2) two letters of reference, one of which must be from a supervisor of the dissertation; and (3) a curriculum vitae.  In addition, at the applicant’s option, a short sample of written work may be submitted.
Applications for this fellowship must be received no later than December 15, 2014.
Please apply online. Direct all application questions or concerns to Amanda Ehrhardt, Administrative Associate for Academic Affairs and Research Administration, American Bar Foundation, (312) 988-6517, aehrhardt@abfn.org.
Categories: Comparative Law News

ARTICLE: "Adultery, Criminality, and the Myth of English Sovereignty", by Erin L. Sheley

Erin L. Sheley, George Washington University Law School, on Adultery, Criminality, and the Myth of English Sovereignty, forthcoming in Law, Culture and the Humanities 11 (2015). 

 Abstract:
This article argues that in Britain over the course of the eighteenth and nineteenth centuries, the understanding of adultery as a tort was complicated by an accompanying discourse of what I will call “quasi-criminality.” Specifically — while formally trivialized — adultery remained linked to a threat to British kingship. The tension between the weight of relevant monarchical history and the absence of contemporary criminal enforcement created a new cultural narrative about adultery which attempted, itself, to serve a penal function. Examining the development of this discourse alongside the relevant law illuminates the complex social process through which public and private wrongs become distinguished — or conflated.

Categories: Comparative Law News

REVIEW ESSAY: Allison Tirres's review of Kristin A. Collins, "Illegitimate Borders: Jus Sanguinis Citizenship and the Legal Construction of Family, Race, and Nation" (2014)

  Allison Tirres's review of Kristin A. Collins, "Illegitimate Borders: Jus Sanguinis Citizenship and the Legal Construction of Family, Race, and Nation" , appeared in Volume 123 of the Yale Law Journal (2014)
 from Tirres's essay:















 In her article “Illegitimate Borders: Jus Sanguinis Citizenship and the Legal Construction of Family, Race, and Nation,” Kristin Collins looks in depth at the origins, interpretations, and practices of derivative citizenship over the course of the nineteenth and twentieth centuries. In doing so, she not only systematically destroys the simplistic argument provided by the INS in the Nguyen case, but also reveals the deeply racialized nature of jus sanguinis. She demonstrates that throughout much of our history, derivative citizenship was moored in intertwined visions of women’s subordinate place in the family and of nonwhite persons’ subordinate place in the polity. Courts, agencies, administrators and consular officials across decades found ways to interpret and apply the law of derivative citizenship to favor white children over nonwhite children. Sometimes these efforts were explicit but other times they were hidden. It takes a skilled and capable historian like Collins to be able to dig beneath the surface of decades of government documents and court records and put the pieces of the jus sanguinis puzzle together.
Categories: Comparative Law News

FELLOWSHIP: The Bonfield Fellowship at Iowa Law (2015/2016)



The Law Library welcomes applications for its newly-created Bonfield Fellowship for a visiting researcher.

The aim of the Bonfield Fellowship is to bring a faculty member at another institution to the University of Iowa, to spend a brief time in residence conducting research in the Law Library’s world-class collections. The fellowship is named in honor of Professor Arthur Bonfield, who directed the Law Library from 1985 to 2014.


The University of Iowa Law Library is among the three largest law school libraries in the United States. As of June 30, 2014, the Law Library had nearly 1.2 million hardcopy, microform, and electronic titles, and nearly 1.4 million hardcopy volumes and microform volume equivalents.


The Law Library’s holdings on the law of the United States and all of its states and territories, Great Britain, and the present and former members of the British Commonwealth are exceptionally strong, as is its collection of EU, UN, and WTO materials. It also has one of the most comprehensive collections in the U.S. of international and comparative law materials, and excellent collections from many non-English-speaking countries, including Argentina, Brazil, China, France, Germany, India, Mexico, and Russia. The Rare Books Collection includes the Hammond Collection of 1,200 English and Civil law materials and the Leist Collection of 3,000 volumes of German, Greek, Roman, Byzantine, and Canon law. The Law Library also has strength in Islamic and Jewish law.


The Bonfield Fellowship will provide:
  • Round-trip economy airfare for the Fellow between the Fellow’s home city and the Cedar Rapids/Iowa City airport;
  • Hotel accommodation for the Fellow in Iowa City for up to one week;
  • A student research assistant during the Fellow’s period of residence; and
  • A lockable faculty carrel in the Law Library equipped with a desktop computer.

While in residence, the Bonfield Fellow will be expected to:
  • Conduct scholarly research using the Law Library’s world-class collections;
  • Participate regularly at the Law Faculty lunch table;
  • Present a work in progress at an Iowa Legal Studies Workshop; and
  • Participate in a curricular or extracurricular law student event.
Candidates for the Bonfield Fellowship may be self-nominated or may be nominated by a member of the University of Iowa Law Faculty. A nomination consists of the candidate’s CV, a statement of the candidate’s expected research while in residence, and a general indication of the candidate’s proposed dates of residence. The Fellow’s period of residence should be within the academic year. In 2015-16, the academic year begins on August 25 and ends on April 22.

We anticipate that one or two Bonfield Fellow(s) will be in residence in 2015-16. Nominations must be received by February 1, 2015, and should be sent by e-mail to:

Prof. Thomas Gallanis
Associate Dean for Research (Director of the Law Library)
Categories: Comparative Law News

BOOK: "For Fear of an Elective King: George Washington and the Presidential Title Controversy of 1789", by Kathleen Bartoloni-Tuazon (2014)


For Fear of an Elective King: George Washington and the Presidential Title Controversy of 1789 , by Kathleen Bartoloni-Tuazon, First Federal Congress Project, Cornell University Press, 2014

All information here
Abstract:

For Fear of an Elective King is Kathleen Bartoloni-Tuazon's rich account of the title controversy and its meanings. 

In the spring of 1789, within weeks of the establishment of the new federal government based on the U.S. Constitution, the Senate and House of Representatives fell into dispute regarding how to address the president. Congress, the press, and individuals debated more than thirty titles, many of which had royal associations and some of which were clearly monarchical.The short, intense legislative phase and the prolonged, equally intense public phase animated and shaped the new nation's broadening political community. Rather than simply reflecting an obsession with etiquette, the question challenged Americans to find an acceptable balance between power and the people’s sovereignty while assuring the country’s place in the Atlantic world. Bartoloni-Tuazon argues that the resolution of the controversy in favor of the modest title of "President" established the importance of recognition of the people's views by the president and evidence of modesty in the presidency, an approach to leadership that fledged the presidency’s power by not flaunting it.



How the country titled the president reflected the views of everyday people, as well as the recognition by social and political elites of the irony that authority rested with acquiescence to egalitarian principles. The controversy’s outcome affirmed the republican character of the country’s new president and government, even as the conflict was the opening volley in increasingly partisan struggles over executive power. As such, the dispute is as relevant today as in 1789. 
Categories: Comparative Law News

REVIEW ESSAY: "Towards a New Legal History of Capitalism and Unfree Labor: Law, Slavery, and Emancipation in the American Marketplace" , by Matthew Axtell (2013)


Matthew Axtell (Judicial Fellow, US Supreme Court), on the Walter Johnson’s book "River of Dark Dreams: Slavery and Empire in the Cotton Kingdom", forthcoming in Law & Social Inquiry, 40 (Winter 2015)
Abstract: 
New work on the "history of capitalism" reveals how the personal freedom enjoyed by people living within the liberal capitalist mainstream is often purchased by coerced labor at the social margins. Walter Johnson’s book River of Dark Dreams: Slavery and Empire in the Cotton Kingdom (2013) makes this argument with force, utilizing the concept of "slave racial capitalism" to suggest how race-based slavery constituted a necessary component of early American economic expansion. Using Johnson’s framework as a starting point, this essay argues that the legal institutions of property and contract, institutions underwriting a genuinely "slave racial capitalist" regime, also contained certain subversive possibilities within themselves, eventually challenging unfree labor as a modality of rule within the modernizing United States.
Categories: Comparative Law News

BOOK: "Making money. Coin, currency and the coming of Capitalism", by Chris Desan (2014)



Making money. Coin, currency and the coming of Capitalism, by Chris Desan, Harvard Law; co-founder, Program on the Study of Capitalism, Oxford University Press

Table of contents here

Abstract:


Money travels the modern world in disguise. It looks like a convention of human exchange - a commodity like gold or a medium like language. But its history reveals that money is a very different matter. It is an institution engineered by political communities to mark and mobilize resources. As societies change the way they create money, they change the market itself - along with the rules that structure it, the politics and ideas that shape it, and the benefits that flow from it.One particularly dramatic transformation in money's design brought capitalism to England. For centuries, the English government monopolized money's creation. The Crown sold people coin for a fee in exchange for silver and gold. 'Commodity money' was a fragile and difficult medium; the first half of the book considers the kinds of exchange and credit it invited, as well as the politics it engendered. Capitalism arrived when the English reinvented money at the end of the 17th century. When it established the Bank of England, the government shared its monopoly over money creation for the first time with private investors, institutionalizing their self-interest as the pump that would produce the money supply. The second half of the book considers the monetary revolution that brought unprecedented possibilities and problems. The invention of circulating public debt, the breakdown of commodity money, the rise of commercial bank currency, and the coalescence of ideological commitments that came to be identified with the Gold Standard - all contributed to the abundant and unstable medium that is modern money. All flowed as well from a collision between the individual incentives and public claims at the heart of the system. The drama had constitutional dimension: money, as its history reveals, is a mode of governance in a material world. That character undermines claims in economics about money's neutrality. The monetary design innovated in England would later spread, producing the global architecture of modern money.
Categories: Comparative Law News

ARTICLE: "The Politics of Early Justice, Lower Court Federal Judicial Selection 1789-1861", by Michael J. Gerhardt and Michael Ashley Stein (2014)







Michael J. Gerhardt (University of North Carolina at Chapel Hill School of Law)  and Michael Ashley Stein  (William & Mary Law School) on "The Politics of Early Justice, Lower Court Federal Judicial Selection 1789-1861", forthcoming on the Iowa Law Review

Here the abstract:


Almost every commentary on the history of the selection of federal judges presumes that there was some prior golden era in which national political leaders focused primarily on the merit of individual nominees and were not unduly swayed by partisan politics or ideology. Numerous constitutional scholars — and national leaders — have therefore roundly criticized the modern day judicial selection process, citing unprecedented delays and a low percentage of approval of federal court nominees as evidence that the system has broken down. They have argued that the ways in which senators, as well as presidents, have handled lower court nominations in the modern era have deviated from how the nation’s first chief executives and the first few Senates handled such nominations. Yet, there is one glaring omission in almost all commentaries on disputes over judicial selection over the past few decades — the absence of any substantiation of an earlier, so-called golden era, in which there actually was general deference within the Senate to presidents’ nominations to federal district and appellate judgeships. Even the classic work on federal judicial selection by the late Kermit Hall begins its analysis of federal judicial selection in 1825, disregarding nearly forty years of prior practices in the field and reinforcing the received but unsubstantiated assumptions about how judicial nominations to lower courts fared beforehand.




This Article is the first to make a serious comprehensive historiography of federal judicial selection from 1789-1861 in the United States. Following six years of archival and secondary source research, we identified each of the lower court nominations made by presidents from George Washington through James Buchanan and then tracked the Senate’s actions on each of their nominations through both archival and secondary sources. Further, we identified the criteria employed in the first seven decades of judicial nominations as well as the outcomes of, and grounds for, the Senate’s proceedings for all of these nominations. We believe that the results of this unprecedented study are significant because they provide a window into an era of early federal judicial selection that has been virtually ignored by both commentators and national political leaders. While we identified some antiquated practices, such as several of the earliest presidents’ judicial nominees actually declining judgeships after the Senate had confirmed their nominations, we found other patterns of practice that are similar to contemporary developments. Among the most significant of these latter patterns are the facts that: every antebellum president took political considerations into account in making nominations; all antebellum presidents, with the exception of William Henry Harrison, had most of their judicial nominations confirmed by the Senate; and three antebellum presidents — George Washington, Martin Van Buren, and James Polk — enjoyed 100% of their judicial nominations confirmed by the Senate. Yet, political parties, particularly in times of divided government, often split along party lines in judicial confirmation proceedings, and several judicial nominations in the antebellum period failed because of opposition based on the particular nominees’ ideologies or past political decisions. In short, there was no golden era of judicial nominations but rather different eras in which politics, in different ways, shaped federal judicial selection.



Categories: Comparative Law News

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