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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.

Catégories: 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.
Catégories: 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.”
Catégories: Comparative Law News

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

Juris Diversitas - ven, 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

Catégories: Comparative Law News

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

Juris Diversitas - ven, 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.
Catégories: Comparative Law News

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