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Comparative Law News

BOOK (open access): G. Braun, The knowledge of the Holy Roman Empire in France from Baroque to Enlightenment, 1648-1756 (Pariser Historische Studien; 91)

The German Historical Institute in Paris has put some recent volumes from its book series Pariser Historische Studien online (click here), among which the dissertation of Dr. Dr. Guido Braun (Akademischer Rat, Univ. of Cologne), La connaissance du Saint-Empire en France du baroque aux Lumières 1643–1756 (911 p.). The work is a study of the dissemination of German public law doctrine in the 17th and 18th centuries, starting from a blended political, legal and cultural approach.
The book series, as well as the journal Francia: Forschungen zur westeuropäischen Geschichte (open access) can be found on perspectivia.net, the platform of the Max Weber Foundation and the German Humanities Institutes abroad.
Catégories: Comparative Law News

CONFERENCE: Fourth Worldwide Congress of the World Society of Mixed Jurisdiction Jurists - 24-26 June 2015 (Montreal, Canada)

Juris Diversitas - mer, 2014-06-18 05:46
“The Scholar, Teacher, Judge,and Jurist in a Mixed Jurisdiction” 
The World Society of Mixed Jurisdiction Jurists is pleased to announce a Fourth Worldwide Congress to be held at McGill University’s Faculty of Law (Montreal, Canada) from an opening evening reception and lecture on 24 June through 26 June 2015. The theme of the Congress will be “The Scholar, Teacher, Judge and Jurist in a Mixed Jurisdiction.”
Mixed Jurisdictions, as they are traditionally understood, stand at the crossroads of the Common law and Civil law. They also frequently encompass other ethnic and religious laws. Rich in legal history and complex pluralism, they are often seen as natural laboratories of comparative law.
The laws, methods, and institutions of mixed jurisdictions are inevitably affected by the influence and presence of different traditions vying for supremacy or requiring reconciliation. Their added complexity places special demands upon the training of judges and jurists, the staffing of courts, the teaching of private law, the research of scholars, and the task of law reform. To what extent have these challenges been met by the actors and institutions of mixed jurisdictions?
We propose to investigate these issues.
Proposals for papers on any topic related to mixed legal systems are welcome. They may be submitted by jurists from any jurisdiction, and by members and non-members of the Society alike. Proposals should be submitted to WSMJJ General Secretary Seán Patrick Donlan (sean.donlan@ul.ie) by 15 October 2014. They should not exceed 500 words and should be accompanied by a curriculum vitae of one page only. The time allocated for delivery of papers will be no longer than 20 minutes. Papers delivered at the conference will be considered for publication.
The Society regrets that it cannot cover travel expenses of participants in the Congress.
Please reserve the date.

Catégories: Comparative Law News

CONFERENCE: Law and Language: Legislative Drafting and Translation

Juris Diversitas - mar, 2014-06-17 06:44
Institute of Advanced Legal Studies
27 June 2014, 11:00 - 17:00

Professor Silvia Ferreri;  Professor Maurizio Gotti;  Manuela Guggeis;  Andrè Michelle Labelle;  Dr Giulia Adriana Pennisi;  William Robinson;  Ingemar Strandvik;  Professor Thomas Glyn Watkin;  Professor Helen Xanthaki.
Organised by: Institute of Advanced Legal Studies

This conference will look at the following aspects of legislative drafting and translation:

Multilingual Legal Systems: Challenges and benefits for legal systems which operate in more than one language.
    •    Chair:  Hayley Rogers, Office of Parliamentary Counsel
    •    Professor Thomas Glyn Watkin, University of Cardiff Law School
    •    André-Michel Labelle, International Court of Justice

Translation and EU Texts: The EU institutions function in 24 languages but to some extent English serves as a lingua franca. Is EU English a separate variety of English?
    •    Chair:  Jonathan Teasdale, Sir William Dale Fellow, Institute of Advanced Legal Studies
    •    William Robinson,  Associate Research Fellow, Institute of Advanced Legal Studies
    •    Ingemar Strandvik,  European Commission Translation Directorate-General
    •    Manuela Guggeis, Legal Service of the Council of the European Union

Legal Translation and Language:  Linguistic and textual features of special-purpose texts and their function in specialized translation.
    •    Jules Winterton, Director, Institute of Advanced Legal Studies
    •    Professor Maurizio Gotti, University of Bergamo
    •    Professor Silvia Ferreri, University of Turin

Concluding remarks:
    •    Professor Helen Xanthaki, Academic Director,  Sir William Dale Centre, Institute of Advanced

Legal Studies:
    •    Dr Giulia Adriana Pennisi, University of Palermo, Associate Research Fellow, Institute of Advanced Legal Studies.

To book and pay the registration fee using the online payments system, please click here.
Fees: Full Rate: £75.00.  Student Rate: £45.00.
Enquiries:  Belinda.Crothers@sas.ac.uk
Related Events
    •    Statute Law and Legislative Drafting
    •    Law

Venue Details:
Institute of Advanced Legal Studies
Charles Clore House
17 Russell Square
Catégories: Comparative Law News

Papers: Legal Scholarship Network: Legal Studies Research Paper Series

Juris Diversitas - mar, 2014-06-17 05:29
Papers:  Legal Scholarship Network:  Legal Studies Research Paper Series

Legal Scholarship Network: Legal Studies Research Papers Series, University College Dublin is now available on SSRN.  Content includes:

"Changing Sovereignty in Europe" 
UCD Working Papers in Law, Criminology & Socio-Legal Studies Research Paper No. 01061213
IMELDA MAHER, 2013 marked the fortieth anniversary of Ireland’s membership of the EU and is also the year Ireland exited the Troika (European Commission, International Monetary Fund and European Central Bank) bail-out programme. The presence of the Troika generated considerable debate around the nature of Irish sovereignty drawing attention to the extent of economic interdependence. These debates prompted a conference where speakers could reflect on the nature of sovereignty. The five papers below were some of those presented that day.

There are four interrelated themes that emerge from these five papers. First, sovereignty is changing and will continue to change because sovereignty is inherently dynamic in nature. Second, membership of the EU shores up national sovereignty by acting as a mirror for it and by its dependence in particular on the democratic imperative of the state as a constraint on and legitimating mechanism for EU action. Third, national constitutions remain important in defining, sharing and limiting the sharing of national sovereignty with the EU and, finally, related to this, the nature of sovereignty differs between member states and as between national and international law. The changing and dynamic nature of sovereignty creates a conceptual space within which to consider the relationship between the EU and its Member States. It also points to a future where sovereignty will continue to change allowing for creative responses to the tensions between sovereign interdependence and sovereignty as a constraint on the EU in the context of changing sovereignty also in the international legal order.
"Sovereignty, the Nation-State, and Integration History"
UCD Working Papers in Law, Criminology & Socio-Legal Studies Research Paper No. 02061213
PETER L. LINDSETH, This public lecture was given at the Royal Irish Academy on December 5, 2013, to keynote the 16th Irish European Law Forum on "Changing Sovereignty in Europe" at University College Dublin. In the context of the Eurozone crisis, few countries have experienced the changing nature of sovereignty more acutely than Ireland. But these acute transformations should not obscure for us how, in the context of European integration over the last half century, the transformation of sovereignty has also been a chronic phenomenon. This process began well before Ireland’s accession in 1973 and has certainly continued ever since. This lecture asserts that the changing nature of national sovereignty in relation to European integration is in fact a "new dimension to an old problem," albeit one with a peculiar, supranational dimension. That "old problem" is the legitimation of regulatory power as it diffuses and fragments away from more strongly-legitimated constitutional bodies of the nation-state – legislative, executive, and judicial – i.e., the privileged instrumentalities of sovereignty in modern liberal, representative democracies. This separation of regulatory power from the historically "constituted" bodies of the nation-state is the essence of modern administrative governance. In this sense, the changing nature of sovereignty in Europe is in fact part of a deeper historical transformation of modern governance tied not to integration per se, but rather to the emergence of the modern administrative state. One cannot understand this deeper transformation without an appreciation of the administrative state’s connection to – but also deep tension with – the constitutional consolidation of liberal, representative democracy as the presumptively legitimate form of "sovereign" self-government that took place over the course of the nineteenth and twentieth centuries.
"Expressing Sovereignty in the European Union: An Irish Perspective on Constitutional Identity"
UCD Working Papers in Law, Criminology & Socio-Legal Studies Research Paper No. 03061213
The notion of constitutional identity has recently gained an unprecedented importance in the European Union. The similarities between the traditional Irish case-law and recent national decisions referring to this notion, notably in France and in Germany, makes of Ireland a relevant basis to inquire into a notion that remains elusive. In light of the Irish experience of membership to the European Union, the notion of constitutional identity finds its raison d’être in the recognition of the sovereign will to participate in the process of European integration. Therefore, normative conflicts are dealt with as a conciliatory balance between sovereign expressions of equal value. Due to the ineluctable nature of the process of European integration, the notion of constitutional identity corresponds to the necessity to design a suitable instrument for controlling the application of EU law. The identity value ascribed to certain constitutional provisions is gained from their very confrontation to EU law. This makes of the European Union this necessary otherness, the relationship with and reaction to are constitutive of the constitutional identity of Member States. The notion of constitutional identity thus departs from an essentialist understanding and corresponds to a specific interpretive practice. It is best understood as self-hood, i.e., as the continuing ability for the Member States to define themselves within the evolving process of European integration.
"Sovereignty, Stability and Solidarity: Conflicting and Converging Principles and the Shaping of Economic Governance in the European Union" 
UCD Working Papers in Law, Criminology & Socio-Legal Studies Research Paper No. 04061213
A. (TON) VAN DEN BRINK, JAN WILLEM CASPER VAN ROSSEM, Utrecht University - Utrecht Centre for Shared Regulation and Enforcement in Europe – RENFORCE

The central aim of this paper is to identify the content of the principles of stability, national sovereignty and solidarity and to analyse how these principles interact with regard to EU economic governance. The first prong of this paper research is largely conceptual in nature and looks at the principles of national sovereignty, stability and solidarity in a constitutional and conceptual way. The different conceptions of national sovereignty in the United Kingdom, Germany and the Netherlands are contrasted. The second part applies the principles of stability, solidarity and national sovereignty to the area of economic governance in the European Union. The second prong of our research takes a more practical viewpoint and focuses on the economic constitutional framework which the EU and the Member States have set up and in which they currently operate. Specifically, this part concentrates on the, mainly, executive measures which are adopted in the context of the European Semester. The analysis reveals an ambiguous relation and interaction between the principles, both at the conceptual level and at the level of economic policies. In any case, if national sovereignty is defined as being more than just the exercise of state powers, the interplay with solidarity and stability will not necessarily boil down to a zero-sum game. Instead, the three principles increasingly emerge as mutually indispensable and inseparable.
"The Reflexive Relationship between Internal and External Sovereignty"
UCD Working Papers in Law, Criminology & Socio-Legal Studies Research Paper No. 05061213
CHRISTINA ECKESSovereignty is deeply contested but omnipresent. The aim of this paper is not to offer a definitive conception of this multifaceted notion. It will rather identify three different dimensions that play a role in our understanding of sovereignty and use these as a basis to explain one particular aspect that has been underexplored in the academic debate: the link between internal and external sovereignty. Firstly, sovereignty describes a legal and political status; secondly, it refers to a factual condition; and thirdly, sovereignty entails a fiction that exists independently from factual or legal changes but that pervades our understanding. These three dimensions interlink and reinforce each other both internally (within the sovereign entity) and externally (in the international context).

The legal status and the factual condition usually, but not necessarily, come together. While territory, people and authority are usually considered the factual basis for legal sovereignty, there are no necessary and sufficient factual conditions that will automatically result in the legal status of being sovereign. As a fiction, sovereignty goes beyond power or legal entitlement. It grasps the deeper emotional and cultural dimension, the fear of losing control and ultimately relevance. Since popular sovereignty has replaced royal sovereignty, the internal political status is rooted in the consent of citizens. This creates a particular link of responsibility in that it aims to ensure that for any action of a sovereign entity there is ultimately an individual or a group of individuals that can be held responsible. This paper will explore to what extent this more recent understanding of internal sovereignty is and also should be relevant for our understanding of sovereignty more broadly, including external sovereignty as a condition and a fiction, but ultimately also as a legal status. Indeed, the paper argues there are pragmatic and normative arguments in favour of understanding internal and external sovereignty as a continuum. This confronts the traditional view of international law that denies this connection between the internal and external dimension of sovereignty entirely.
"Some Thoughts on the Future of Sovereignty in International Law Twenty Years from Now" 
UCD Working Papers in Law, Criminology & Socio-Legal Studies Research Paper No. 06061213
JOE MCMAHON, As we entered the twenty-first century questions were asked about the traditional Westphalian concept of sovereignty as part of the construction of a more coordinated international response to various humanitarian crises. The resulting 2005 World Summit Outcome document recognised that sovereignty carried responsibilities and if a state was unwilling (or unable) to meet those responsibilities then the international community could intervene. With the implementation of this principle (the responsibility to protect) the focus has shifted from respecting sovereignty to safeguarding the victims of the various crimes falling within the scope of the principle thus adding a new dimension to international law. It must be recognised that this is a very limited exception to sovereignty but it is not the only exception as international law has become increasingly fragmented with the introduction of various self-contained regimes in which special rules and techniques of interpretation apply. Included among these self-contained regimes is the law of the World Trade Organization. In 2006 the International Law Commission published their report on Fragmentation of International Law: Difficulties arising from the Diversification and Expansion of International Law. It concluded that although fragmentation has raised questions about the coherence of international law, it has increased its responsiveness to the regulatory context without seriously undermining legal security, predictability or the equality of States. This has been achieved through what the report characterised as a "basic professional tool-box" of interpretative techniques and the position accorded to jus cogens and obligations erga omnes. The tool-box has allowed international law to respond to various concerns, such as economic development, human rights and environmental protection but the resulting international legal system lacks the coherence exhibited by domestic legal systems. At this point, it must be recognised that that coherence has been increasingly undermined as problems having a regional or multilateral dimension require externally-sourced solutions which have an impact on sovereignty. If international law continues to respond to these problems through self-contained regimes then the fragmentation of international law will continue and sovereignty will continue to diminish. This contribution examines the continuing refinement of the tool-box as one method of addressing these problems before sketching an outline of a hierarchical system which could provide a solution to these problems. Both of these solutions have important implications for the future of sovereignty.

Catégories: Comparative Law News

Book: Corruption, Economic Analysis and International Law

Juris Diversitas - mar, 2014-06-17 05:20
Book: Corruption, Economic Analysis and International Law 
A new title published by Edward Elgar Publishing is now available: Corruption, Economic Analysis and International Law by Marco Arnone and Leonardo S. Borlini.

‘Although corruption has affected human society since its very birth with different intensity over time, it is not confined to any particular geographic region, country, social or political system or culture. Recently there has been widespread international determination to effectively curb such crime. Corruption: Economic Analysis and International Law by Marco Arnone and Leonardo Borlini reviews the richness and complexity of the ongoing research on corruption and shows the value of integrating a comprehensive economic understanding of its consequences and a critical assessment of the several legal instruments promoted by major intergovernmental organizations on this issue. This approach is particularly timely because, on the bright side, this book shows that economic crises may lead to greater social responsiveness in the face of attempts to drain public resources through corruption and bribery. The use of a wide range of economic models and the acute analysis of the contemporary evolution of traditional institutions belonging to the realm of international and European law represent two additional values of this work. Finally, the personal commitment of both authors to scientific research and professional activity related to public governance and anti-corruption reforms make this book a valuable source for further thought and analysis for scholars, public servants and practitioners.’
– Giorgio Sacerdoti, Professor of International and European Law, Bocconi University and former President of the WTO Appellate Body and Vice President of the OECD Working Group on CorruptionContents
Contents: Foreword Preface Introduction Part I: Economics, Finance, and Governance Section 1: Economics 1. Opening Remarks: Corruption and Economic Analysis 2. Firms, Markets, and Corruption 3. Corruption and Macroeconomic Performance Section 2: Finance 4. Financial Markets: Bonds, Stocks, and Politically-connected Firms 5. The Impact of Corruption in Shares’ Returns of Euro-area Listed Industrial Firms 6. Operational Efficiency, Corruption, and Political Stability in Microfinance Section 3: Governance 7. Governance, Corruption, and Effects on Institutions Part II: Birth and Evolution of an Anti-corruption Global Legal Standard Trans-national Corruption and Effective Regulation Section 4: Cases of Trans-national Corruption: Description and Legal Issues 8. How Corruption Affects the Economic and Institutional Textures of States: three case examples Section 5: Horizontal Assessment of the International Hard Law Instruments 9. The US FCPA as the Archetype of the Supra-national Anti-bribery Regulation 10. The Emergence of an International Framework: Regional, International, and Multilateral Treaties and Initiatives 11. Criminalization of the Offence 12. Sanctions and Corporate Liability 13. Jurisdictional Issues 14. Mutual Legal Assistance and Extradition 15. Preventive and Non-criminal Related Measures 16. Follow up Procedures as Specific Cases of International Supervision 17. Asset Recovery Afterword Bibliography Index
Catégories: Comparative Law News

CONFERENCE: Human Rights and Legal Pluralism in Theory and Practice

Juris Diversitas - lun, 2014-06-16 09:30
The Norwegian Centre for Human Rights in cooperation with the Rights, Individuals, Culture and Society Research Centre organize an international conference entitled ‘Human Rights and Legal Pluralism in Theory and Practice’ on Friday 5th and Saturday 6th December 2014 at the Faculty of Law of the University of Oslo. For more information see: 
http ://www . jus . uio . no/smr/english/research/areas/diversity/events/international-conference-on--human-rights-and-lega . html
Catégories: Comparative Law News

BOOK: Understanding Constitutional Transformations: A New Study on the Highest Courts of Brazil, India and South Africa

Juris Diversitas - lun, 2014-06-16 09:23
In a groundbreaking contribution to our understanding of the relation between constitutions and social change in the Global South, the Pretoria University Law Press (Pulp) has just published an original book on the highest courts of Brazil, India and South Africa (BISA countries). The book Transformative Constitutionalism: Comparing the Apex Courts of Brazil, India and South Africa, published in December 2013 and now fully available online, is the first scholarly account on how the BISA highest courts manage to implement their respective transformative constitutions, including a critical view on instances where those courts fall short of it.
The book’s originality lies in the critical yet multi-faceted analyses it brings. Transformative Constitutionalism offers a horizontal look at a wide range of pressing constitutional issues in the BISA countries, including gender, sexual minorities, religion, health, land, citizenship, social movements and the use of international and foreign law by the highest courts. Such wide range of issues, combined with the first attempt in English to include an extensive comparative analysis of the Brazilian constitutional experience, makes this book a vital publication for constitutional scholars, human rights activists, lawyers and judges of those BISA countries and beyond.
Let alone being the first comprehensive study of this nature about BISA constitutions, Transformative Constitutionalism also brings three additional contributions. First, the book conveys a critical overview of the three BISA constitutions and their highest courts, describing for the international audience their main features, potentials and shortcomings. Second, the book debates how constitutional scholars do comparative constitutional work and what are its limits. Third, finally, the book ends with the insightful reflections of Justice ZM Yacoob, who served as a judge of the South African Constitutional Court from 1998 to 2013.
Apart from its multi-faceted scope, the overall theme of the book is transformative constitutionalism, an emerging topic in constitutional and human rights circles. In fact, the book opens with a critical exchange on different views regarding transformative constitutionalism. “This book represents an effort by human rights academics and activists to consider the constitutions of Brazil, India and South Africa as fundamental instruments in the promotion of rights and the consolidation of democracy in these countries. This transformational ideal makes this publication essential reading,” noted Juana Kweitel, program director at Conectas Human Rights. Conectas is one of the non-government organizations that contributed extensively to this publication, along with academics and activists from BISA countries.
Such an ambitious book is the product of a collaborative project. The 28-chapter publication results from the result of the research project “Justiciability of Human Rights – a comparative analysis: South Africa, Brazil and India”, which was coordinated by Conectas and involved a judge, academics and human rights defenders from these three countries. The team was coordinated by three of the most well respected scholars in each BISA country: in South Africa by Professor Frans Viljoen, in Brazil by Professor Oscar Vilhena Vieira and in India by Professor Upendra Baxi.
In Oscar Vilhena's opinion, the research result was a set of comprehensive and informative texts about the solutions found among the three analyzed countries on the way in which their supreme courts legally face social, political, and moral problems of high complexity. "The three constitutions were adopted at a time when the country came out of periods characterized by authoritarian rule, colonialism or apartheid, respectively. These documents not only faced the challenge of limiting the power of the State, but adopted ambitious challenges to change society. Not only to react to the recent past, characterized by the movements mentioned above, but to fight more historical aspects entrenched in inequality and injustice," he explained in the launch of the book at the FGV's São Paulo Law School on March 14, 2014.
To read the book, please click here
Catégories: Comparative Law News

NEWS AND REVIEWS: European Network on Law and Society (Réseau Européen Droit & Société)

Juris Diversitas - lun, 2014-06-16 09:13

The excellent, very generous listings--of both Anglophone and Francophone materials--of the European Network on Law and Society (Réseau Européen Droit & Société), ‘Nouvelles du monde’ and ‘Au fil des revues’, are now available. Have a look.
Catégories: Comparative Law News

JOURNAL: The Law Teacher - Special Issue on Storytelling in Legal Education

Juris Diversitas - sam, 2014-06-14 15:22
Routledge Law has written the following:The Law Teacher has just published a brand new Special Issue on Storytelling in Legal Education.

This Special Issue features articles on legal analysis through the lens of photojournalists' storytelling dilemmas, law, culture and Euro-crime as well as witness familiarisation training in England and Wales.To get a taste of the Special Issue, we have made the Editorial, written by Robert McPeake & editor Chris Ashford, completely free to access for your enjoyment....Journal of the MonthWe're pleased to announce that The Law Teacher is our journal of the month. To celebrate, we have created a dedicated page with free articles and an introduction by editor Chris Ashford.

We hope you enjoy reading The Law Teacher.
Catégories: Comparative Law News

LECTURE/GENERAL ASSEMBLY: Palmer at la Société de législation comparée

Juris Diversitas - sam, 2014-06-14 14:56
The General Assembly of la Société de législation comparée/the Society of Comparative Legislation will be held on 10 July 2014 at Salle des conseils; 12, place du Panthéon; 75005 Paris.

Professor Vernon Palmer (Thomas Pickles Professor of Law, Tulane University) will address the Society at 17:45 about ‘Le dommage moral : l’éveil français au 19ème siècle’.
Catégories: Comparative Law News

PROPOSALS WANTED: Juris Diveritas Book Series (Ashgate)

Juris Diversitas - sam, 2014-06-14 12:35
Juris Diversitas is proud to have a book series with Ashgate (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. 
Our first volume will be Seán Patrick Donlan and Lukas Heckerdon-Ursheler (eds), Concepts of Law: Comparative, Jurisprudential, and Social Science Perspectives 
While we've a number of other titles lined up, we're looking for additional proposals, especially for monographs and student texts.
Note that selected volumes are also provided free with membership.

For additional information, contact Seán Patrick Donlan at sean.donlan@ul.ie.
Catégories: Comparative Law News

JOURNAL: (2014) 2:1 Comparative Legal History (the Official Journal of the European Society for Comparative Legal History)

I'm very pleased to announce that the latest volume of Comparative Legal History, a partnership between the European Society for Comparative Legal History (ESCLH) and Hart Publishing, has been published.
- Seán Patrick Donlan (sean.donlan@ul.ie), Editor

Access the issue online and purchase individual papers here.
Subscription information is available here. As the official ESCLH publication, its members receive a free subscription.
The articles in this issue include:
Geoffrey MacCormack - ‘Agreement’, ‘Contract’ and ‘Debt’ in Early Chinese Law
This paper examines the evidence for the development of a law of contract during the period of the Warring States (481-771 BCE) and the Qin/Han dynasties (221 BCE – 220 CE). From a study of the technical terms found in the context of agreements, in particular zhai (debt), yue (agreement), and quan(document in two parts), the conclusion is drawn that early Chinese law never developed beyond the stage of recognition of a number of distinct types of agreement to which legal consequences were attached. No ‘law of contract’, comparable to that developed in Rome at roughly the same epoch, emerged from these particularities. The main reason for the difference between Rome and China, it is suggested, lay in the lack of emergence in China of a class of private lawyer resembling the Roman jurists.
Marcel Senn -  ‘Law and Authority’: A Political and Legal Paradigm by Thomas Hobbes and its Different Receptions in the USA, Canada, Britain and Germany since 1989
Thomas Hobbes’ Leviathan is one of the few grand oeuvres representing the code of pre-modern political power. This code often legitimates our present understanding of law and state. Therefore it is necessary to discover the ‘socialisation’ of the interpreters – that is the impact of social, cognitive interests within scientific interpretations of law – so as to improve our understanding in a more differentiated way. The author demonstrates this in relation to three different discourses on Leviathan conducted in North America, Britain and Germany during the last twenty-five years. He thereby shows how the ‘socialisation’ of the interpreters is manifest in these particular discourses, and what this means to a reader’s critical comprehension when he or she tries to understand an opus such as Leviathan by merely reading secondary literature.
Johannes W Flume - Law and Commerce: The Evolution of Codified Business Law in Europe
This paper tracks the evolution of the codification of commercial law and company law, also known as business law. Although the literature on codification in general is vast, little attention has been dedicated to the importance of business law in this context despite the first major moves towards codification being achieved in this field. A comparative and historical survey of the codification of business law in France, England and Germany illustrates how the European legal landscape has been affected by the process of casting the law in statutory form. Indeed, regardless of the commonly-held misconception that there is ‘a’ commercial code, the legislative responses to the needs of commerce have varied widely from country to country, for while company law was always in focus, the rest of the corpus differs substantially. The code de commerce of 1807 was primarily of a procedural nature, while the German commercial code of 1863 created its own ‘private law cosmos’ and the late English codes adopted yet another, very selective, strategy. The aim of this comparative study is to understand the foundations of the legal institutions of the nineteenth century which still form the basis of our current statutes. This in turn allows some predictions for likely future developments to be made.
Tatiana Borisova and Jukka Siro - Law between Revolution and Tradition: Russian and Finnish Revolutionary Legal Acts, 1917–18
This article compares the legislative practices of two socialist revolutions in Russia (the Bolshevik revolution) and Finland in late 1917 and in 1918. Notwithstanding the considerable differences in the social, political and economic conditions in Finland and Russia, the revolutionaries in both countries had similar legislative strategies. The revolutionary legislative policies had the same ends: to secure the success of the revolutions, and, eventually, to build a new and better society. This article seeks to demonstrate the history of revolutionary law-making as a juncture of two main tendencies: the emergence of new ‘revolutionary’ features of legislative politics and the preservation of pre-revolutionary law.
We argue that the pre-revolutionary practices of law-making on which the revolutionaries relied shaped their strategies and, to some extent, the criteria by which they judged the ultimate success of their revolutions. We argue that the performative effect of revolutionary slogans should be perceived, at least in part, as a continuity of pre-revolutionary legal and administrative practices. Our comparative analysis of revolutionary law-making provides a more complex understanding of the role of revolutions in modern state empowerment.
The Reviews, including a Review Article, include:
  • Paolo Napoli - A review article of Giorgio Agamben, Altissima povertà. Regole monastiche e forma di vita
  • Arno Dal Ri Jr - A review of Ignazio Castellucci, Sistema juridico latinoamericano: una verifica
  • Peter CH Chan - A review of Lei Chen and CH (Remco) van Rhee (eds), Towards a Chinese Civil Code: Comparative and Historical Perspectives
  • Jasmin Hauck - A review of Irene Fosi, Papal Justice: Subjects and Courts in the Papal State, 1500–1750  
  • Dave De ruysscher - A review of Stefania Gialdroni, East India Company: una storia giuridica (1600–1708)
  • Merike Ristikivi - A review of Heikki ES Mattila, Comparative Legal Linguistics: Language of Law, Latin and Modern Lingua Francas
  • Elisabetta Fiocchi Malaspina - A review of Luigi Nuzzo, Origini di una scienza. Diritto internazionale e colonialismo nel XIX secolo   
  • Viviana Kluger - A review of José María Pérez Collados and Samuel Rodrigues Barbosa (eds), Juristas de la Independencia  
  • Abelardo Levaggi - A review of Rebecca J Scott and Jean M Hébrard, Freedom Papers: An Atlantic Odyssey in the Age of Emancipation 

Catégories: Comparative Law News


Juris Diversitas - sam, 2014-06-14 06:30
We were fortunate to have Rod on our Advisory Council from 2010-2012. I was pleased to know his ideas. I wish I'd know the man better. He was loved by many.

On his life and work, see the thoughts of Daniel Jutras, Dean of the McGill Law School, the McGill Guestbook, and A Just Life, an episode of CBC's Ideas with Pail Kennedy.
Catégories: Comparative Law News

BOOK: Solinas on Legal Evolution and Hybridisation

Juris Diversitas - mar, 2014-06-10 07:10

I'm pleased to note the publication of Matteo Solinas, Legal evolution and hybridisation: The law of shares transfer in England (2014).
While I confess that I still have to read the book, it appears to closely parallel my work, and that of others in Juris Diversitas, over the last few years on hybridity, diffusion, colonialism, etc:
This is a book on comparative law and legal change. With a focus on corporate law and the law of personal property, it reviews the current state of the comparative debate on the evolution of law and seeks to establish new perspectives to explain the mechanism of legal reception. It finds the comparative discussions centred on the appropriateness of describing the movement of law from one country to another in terms of ‘legal transplants’ perplexing and lacking in a convincing inquiry into the reception process. In an attempt to fill that gap, this study contends that certain recent contributions on culture contact and culture change provide an interesting explanation for the circulation of juridical models across national boundaries. More precisely, this study argues that the notion of hybridity, as originated in postcolonial theory, offers a formidable conceptual means to examine the intricacies of legal evolution, to refine and to give content to the observation of the reception of law.

But as its table of contents indicates, Legal evolution and hybridisation:

does not rest exclusively on theoretical grounds. The complexities of the themes involved are explored and tested by focusing on a case study. This is the legal mechanism by which shares in companies are transferred in England under the direct and indirect holding systems.

Note, too, that Intersentia now offers readers of the Juris Diversitas Blog a 20% discount on its books. More information is available here.
Catégories: Comparative Law News

DISCOUNT: Intersentia

Juris Diversitas - mar, 2014-06-10 06:43
We're happy to announce that Intersentia is now offering readers of the Juris Diversitas Blog a 20% discount on its books.
To receive this discount, please order via mail (mail@intersentia.be) and quote the discount code 'JDB- ITS' .

This offer will be added to our other discounts.
Catégories: Comparative Law News

COLLOQUIUM: "La proprietà/Les propriétés" (Rome, 13-14 June 2014)

WHAT: La proprietà/Les propriétés, colloquium 
WHERE: Roma tre University, Law Department, Via Ostiense 161-163, room 278
WHEN: 13-14 June 2014, 9:30 am -1:00 pm /3:00-5:00 pm
Catégories: Comparative Law News

CFP: "The second Vatican Council and the religious" (Rome, 12-14 November 2014)

WHAT: The second Vatican Council and the religious, Call for papers

WHERE: the Pontifical Lateran University, the École française in Rome, the Academia Belgica in Rome.

WHEN: 12-14 November 2014

All information here
Catégories: Comparative Law News



If anyone is interested in using these scholarships for research in comparative law, legal history, legal philosophy, etc, please contact Seán Patrick Donlan (sean.donlan@ul.ie) immediately. 
The deadline is Friday 13 June 2014
See http://www.ul.ie/law/postgrad-course/test for additional information.
Catégories: Comparative Law News