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Comparative Law News

eJOURNAL:New Journal of European Criminal Law

Juris Diversitas - mer, 08/20/2014 - 15:25
New Journal of European Criminal Law
Volume 5  / 2014 / 02

Gary Becker and the Economics of Traffi cking in Human Beings


Suicide in Detention in the Light of the Human Rights Convention

Inquisitorial and Adversarial Expert Examinations in the Case Law of the European Court of Human Rights

The Principle of Proportionality under the European Arrest Warrant – with an Excursus on Poland

Enforcing the Market Abuse Regime: Towards an Integrated Model of Criminal and Administrative Law Enforcement in the European Union?

Civil Asset Forfeiture and the Presumption of Innocence under Article 6(2) ECHR

A Short Note on the Development of the Criminal Justice System after the Accession of Crimea and Sevastopol to the Russian Federation
Catégories: Comparative Law News

ARTICLE: Privileging (Some Forms of) Interdisciplinarity and Interpretation: Methods in Comparative Law

Juris Diversitas - mer, 08/20/2014 - 15:17
A new articlefrom SSRN:
Privileging (Some Forms of) Interdisciplinarity and Interpretation: Methods in Comparative LawBy Suryapratim Roy University of Groningen - Faculty of Law

How should comparative law scholars engage with other disciplines? Which social sciences are relevant for the purpose of comparison? Such questions are important for the process of comparison, as disciplinary self-regulation (and interaction between disciplines) is not a neutral and objective process, and is always informed by embedded political, ideological, ethical preferences. Or, the act of selecting ways of reading, thinking and writing in the service of any task requires the explicit or implicit endorsement of epistemic and hermeneutic authority.

In this essay, I review three recent volumes on comparative law – a companion volume, a book of practice-oriented reflections by scholars who engage in comparative legal scholarship, and a region-specific contribution on Comparative Constitutionalism in South Asia. The approaches adopted in the volumes – concentrating on the science of comparative law, finding a middle way between too much complexity and too little, concentrating on region-specific complexities – do not address the issue of negotiating epistemic and hermeneutic authority posed above. Such negotiation may be facilitated by concentrating on what I suggest is the organising principle of the discipline of comparative law: identifying the construction, perpetuation and functionality of the internal authority of law.
Click here to download the article.
Catégories: Comparative Law News

NOTICE: "Southern France Illuminated Juridical Manuscript Production", new Facebook page

A new Facebook page on the theme "Southern France Illuminated Juridical Manuscript Production"
Click here to see the page
An artistic crossroad between French “Midi”, Italy and Iberian Peninsula (Spain, Catalonia and Portugal) - 13th-14th centuries
The page has been created to share contents, especially publications, news, events, discoveries, related to the academic study of the southern France illuminated juridical manuscript production (13th-14th centuries) and it's directly linked to the current postdoctoral research project of Dr. Maria Alessandra Bilotta (IEM-FCSH-UNL) on «Portuguese juridical manuscripts production and illumination between 14th and 15th centuries and theirs connections with manuscripts production and illumination in the French “Midi” (specially Toulouse, Avignon and Montpellier) and in the North-Mediterranean regions (Italy and Cataluña)», carried out within the Institute of Medieval Studies (IEM: http://iem.fcsh.unl.pt/) of the Nova University of Lisbon and funded by the FCT (SFRH / BPD / 74298 / 2010).
Catégories: Comparative Law News

SCHOLARSHIP: Two more post-doctoral fellowships in Paris (IFER/Fernand Braudel incoming programme) DEADLINE 30 SEPTEMBER

In the same category as the previous post, calenda.org reports two more post-doctoral one year positions in the most beautiful city on earth:

ArgumentTwo post-doc fellowships are offered at the Collège d’études mondiales in Paris in connection with the Fernand Braudel incoming program.These research stays are designed to enable researchers :
  • to carry out a research project in a host laboratory
  • to integrate scientific networks in France and other European countries
  • to build lasting partnerships between their home institution and the host institution. Applicant’s projects should match the areas of research of these institutions.
All social and human sciences are eligible. An interdisciplinary approach to research topics is encouraged. This programme is open to applicants from all countries, belonging to a foreign research centre, who wish to undertake a research residency in France.The duration of the fellowship is 9 months (however, the length of the research stay can be adjusted if warranted for scientific reasons). Fellowship holders must start their research stay maximum 6 months after obtaining the grant. Guidelines submissionCandidates can apply to general fellowships and specific fellowships, offered by several research institutions and “Laboratories of excellence” (Labex) who are partners of the programme.Applicants must have a PhD and reside outside France and belong to a non-French research institution (university, academy of sciences, or other research organism).To apply please contact the Collège d’études mondiales scientific coordination: sara.guindani-riquier@msh-paris.frnathanael.cretin@msh-paris.frApplications must be submitted electronically via the online application form soon available.Applications may be completed in French or EnglishBefore September 30, 2014Online application platform is open from September 1 until September 30, 2014.Documents required
  • Application form (to be completed online).
  • Curriculum vitae.
  • List of publications.
  • Detailed research project proposal (5-8 pages, plus a bibliography of 2 pages maximum).
  • Copy of doctoral diploma.
  • Summary of applicant’s doctoral dissertation (2 pages maximum)
  • Two (2) letters of recommendation from scientific scholars. These may be included in the online application or may be sent directly to one of the following address, by email ifer.incoming@msh-paris.fr; or by post: Fernand Braudel-IFER Fellowship Programme (please specify : incoming/outgoing) ; FMSH, Office 328 ; 190 avenue de France ; 75648 Paris Cedex 13, France.The applicant must tick the appropriate box on the online form indicating that the letters will arrive separately. Please ensure that letters are received before the close of the call for applications.
  • Letter of invitation from the director of the institution or research laboratory, agreeing to host the applicant for the duration of the fellowship
Selection processSelection is based on examination of the application files.The selection process is competitive.Each application is evaluated by two independent experts and by a selection
committeeThe selection committee is made up of French and foreign experts.Members of the selection committee choose applicants based on :
  • their scientific skills and their academic background
  • the appeal, quality and feasibility of their research project
  • the complementary fit between their project and research being carried out at the chosen host laboratory.
  • the letters of recommendation.
Timeline: 2 calls per year, in March and September.The selection committee meets in June (for the March call) and in December (for the September call).Results are announced in July for March Call and in January for September Call.Legal status and obligations of fellowship recipientsFMSH ensures that fellows can work in an environment that is conducive to making  their research projects a success.Selected applicants are classified as “FMSH postdoctoral fellows”; this is not an employment contract, but a fellowship that is non-taxable.Incoming fellows are affiliated with two institutions :
  • A host laboratory (in Paris or another city in France), chosen by the fellow according to his/her project. The host laboratory (at a university or attached to the CNRS or an MSH institution belonging to the national MSH network) provides the fellow with the facilities needed to work, while integrating him/her into its teams and assisting him/her with the project.
  • At the same time, the fellow benefits from guest research status at FMSH. This status gives the fellow access to all FMSH’s facilities (library, Wi-Fi) and enables him/her to take part in FMSH’s scientific activities. Furthermore, FMSH helps its guest researchers to gain access to other scientific facilities in Paris or elsewhere in France (i.e. research centres, libraries, archives, museums, etc.). FMSH pays the deductibles for private medical/accident insurance for incoming fellows. Selected applicants are considered as “FMSH postdoctoral fellows”. This is not an employment contract, but a fellowship that is non-taxable. The amount of the fellowship is €2,000 (euros) per month.
This fellowship is awarded subject to the following conditions:
  • The recipient must be present at the host laboratory throughout the length of the fellowship.
  • The fellow must inform FMSH if, for any reason (i.e. illness, inability to enter or return to the host country, professional reasons, etc.), his/her stay is interrupted.
  • The fellow must submit a research report (3 pages) and a Working Paper (WP) at the end of the stay (following FMSH’s procedure for the publication of Working Papers and Position Papers).
  • The fellow must mention the support received from FMSH and the European Commission – Action Marie Curie COFUND in any and all publications that result from research carried out as part of this programme.
  • The fellow commits to respect the European charter for researchers (http://ec.europa.eu/eracareers/pdf/am509774CEE_EN_E4.pdf)
Catégories: Comparative Law News

SCHOLARSHIP: Two post-doctoral positions funded by the Gerda Henkel Stiftung at the Collège d'Études Mondiales (Paris). DEADLINE: 15 SEPTEMBER

(image source: stiftungen.org)

Calenda.org reports that the Gerda Henkel Stiftung provides for two post-doctoral scholarships of 12 months in Paris, for two young researchers living outside of France.

As part of the partnership between the Gerda Henkel Stiftung and the Collège d’études mondiales, two post-doctoral grants will be awarded, for a period of 12 months, to two young researchers living outside of France. Annonce ArgumentThe Collège d’études mondiales is a center of exchange and reflexion for researchers in the Social Sciences and Humanities. The institution faces head-on the methodological, epistemological and conceptual changes demanded of those who interpret contemporary phenomena.
These post-doctoral researchers will be received by one of the Chairs or one of the research initiatives at the Collège d’études mondiales in Paris
Candidates’ research projects must be devoted to one of the following two research areas :
Social progress and global justiceRelevant disciplines : philosophy, political science, economics, sociology, anthropology, history or philosophy of law, history or philosophy of economics.
Images, bodies and techniques in the global eraRelevant disciplines : history of art, aesthetics, philosophy, political science, anthropology, anthropology or sociology of medicine.
FundingThis post-doctoral grant is worth 2,000€ per month. Travel expenses from home countries to Paris will be taken care of by the institution. The post-doctoral researchers are responsible for the costs of medical insurance.
Qualifications for admissionThe admissions process for candidates will focus on the quality of the their scientific backgrounds as well as their post-doctoral projects and their integration into the research conducted at the Collège d’études mondiales.
The conditions for eligibility are the following:
  • Candidates must hold a PhD by the date that applications are due, having presented a thesis.
  • Candidates must have lived in France for less than twelve months in the last three years.
  • Candidates may submit their applications only within the first six years after the presentation of their theses.
  • Candidates should be fluent in French.
The application should include (in English or French):
  • Doctorate degree (PhD).
  • Candidate’s Curriculum Vitae and publications.
  • A research project with a bibliography of main works cited (project + bibliography no more than 5 pages).
  • 2 Letters of Recommendation
  • 1 Welcome letter from one of the Chairholders or associated researchers at the Collège d’études mondiales
Without exception, applications must be submitted via email to the scientific coordination at the Collège d’études mondiales :
before September 15th, 2014.
Catégories: Comparative Law News

LECTURE SERIES: "Wissen, Was Recht Is" (ETH Zurich)

 (source: ETHlife)
 The ETH in Zurich hosts a lecture series on the theme "Wissen, Was Recht Is".

Conference statement:
In der Reihe geht es darum, jenen breiten Fundus von Wissen zu untersuchen, der bei der Formulierung von Rechts- und Gerechtigkeitsansprüchen ebenso ins Spiel kommt wie bei Praxen des Anklagens, Ermittelns oder Urteilens. Auf welche Weise und in welcher Form finden Wissensbestände, die in anderen Wissenschaften, Gesellschaftsbereichen und kulturellen Praxen zirkulieren, Eingang in Rechtswissen? Und umgekehrt: Wie wirkt das Recht auf die Fabrikation von Wissen ein? Welche Rolle spielen hier Kriterien und Praktiken der Rechtfertigung, Zeugenschaft und Macht?
24. September 2014
Prof. Dr. Monika Dommann
Einführung »Wissen und Recht«
Prof. Dr. Thomas Vesting
Goethe-Universität Frankfurt, Rechtstheorie
Das moderne Recht und die Krise des gemeinsamen Wissens
8. Oktober 2014
Prof. Dr. Thomas Scheffer
Goethe-Universität Frankfurt, Rechtssoziologie
Wie Recht weiss – Eine vergleichende Ethnografie von Strafverfahren in D, USA und GB
22. Oktober 2014
Dr. Jessica Whyte
University of Western Sydney, Cultural & Social Analysis
A Right of Private Individuals or a Responsibility of States? Michel Foucault and the ›Right to Intervene‹
Workshop am 31. Oktober
The Politico-Legal Thought of Giorgio Agamben
Siehe separaten Flyer für Details.
5. November 2014
Dr. des. Sibylle Schmidt
Freie Universität Berlin, Philosophie
Zeugenschaft – Episteme und Ethik einer Wissenspraxis
19. November 2014
Prof. Dr. Sylvia Sasse
Universität Zürich, Slavistik
Den Staat an seine Gesetze erinnern – Dissidenz als Wissen vom Recht
3. Dezember 2014
Prof. Dr. Lauren Benton
New York University, History
Knowing Arbitrary Justice – Scandal, Ethnography, and Constitutionalism in the British Empire of Law
Workshop am 2. Dezember
Siehe separaten Flyer für Details.
17. Dezember 2014
Prof. Dr. Dominik Hangartner
London School of Economics, Political Science
Wer erhält das Bürgerrecht? Schweizer Einbürgerungspraxis unter der Lupe Source: HSozUKult
Catégories: Comparative Law News

CONFERENCE: The Natural Law Thought of Francisco Suarez (Munich, 5-6 September 2014)

 (image source: jccanalda.es)
The "Hochschule" for Philosophy, the Ludwig-Maximilans-Universität of Munich and the University of Cologne organize a conference on Francisco Suarez, who counts among the stars of Spanish Neo-Scholastic thought.

Conference statement (in German):
Die Erforschung des frühneuzeitlichen Naturrechts gehört zu den innovativsten Feldern der ideen-, wissenschafts- und philosophiegeschichtlichen Forschung der letzten Jahrzehnte. Selbst vor dem Hintergrund der erheblichen Unterschiede in der Begründung der Geltung von säkularen und doch überpositiven Rechten ist dabei erkennbar geworden, dass das Naturrecht in der zunehmend weltlichen Neuzeit Grundlagenfunktionen einnimmt, die weit über die Fragen politischer Theorie hinausgehen. Im Rahmen dieser innovativen Erforschung frühneuzeitlichen Naturrechts bleiben die elaborierten Positionen Francisco Suárez’ zumeist ausgespart. Daran soll die Tagung erste grundlegende Änderungen im Hinblick auf die Stellung des suarézischen Naturrechts im Tableau frühneuzeitlicher Naturrechtslehren erwirken.
Program (source: HSozUKult)
FREITAG, 05. 09. 2014
09.00 – 09.30
Norbert Brieskorn, Gideon Stiening, Holger Epp: Begrüßung, Eröffnung und Vorstellung der jüngst erschienenen, zweisprachigen Edition von ›De legibus ac Deo legislatore. Liber tertius‹ (PPR I,6–7) im frommann-holzboog Verlag
I. Naturrecht zwischen Theologie und Metaphysik
Diskussionsleitung: Norbert Brieskorn
09.30 – 10.30
Merio Scattola: Zum Verhältnis von lex aeterna und lex naturalis
10.30 – 11.00
11.00 – 12.00
Gideon Stiening: Urheber und/oder Gesetzgeber. Zur Funktion der Gottesinstanz im Naturrecht
12.00 – 13.00
Stefan Schweighöfer: Proxima regula bonitatis: das Gewissen und das natürliche Gesetz
13.00 – 14.00
II. Naturrecht und Ethik
Diskussionsleitung: Tilman Repgen
14.00– 15.00
Thomas Pink: Law and liberty in Suárez
15.00 – 16.00
Markus Kremer: Zur Komplementarität von Naturrecht und Tugendlehre
16.00 – 16.30
16.30 – 17.30
Frank Grunert: Die obligatio in conscientia im Naturrecht von Francisco Suárez (II.9)
III. Historische und systematische Einheit des Naturrechts
Diskussionsleitung: Gideon Stiening
17.30 – 18.30
Dominik Recknagel: ‚ius naturale praeceptivum‘ und ‚ius naturale dominativum‘. Die Unveränderlichkeit des Naturrechts bei Francisco Suárez (II,13-14)
Kurt Seelmann: Zur historischen Wandelbarkeit des Naturrechts
SAMSTAG, 06. 09. 2014
09.00 – 10.00
Robert Schnepf: Zur Einheit des Naturrecht (II,8)
IV. Möglichkeiten und Grenzen des suárezischen Naturrechts
Diskussionsleitung: Matthias Lutz-Bachmann
10.00 – 11.00
Holger Glinka: Suárez’ Naturrecht zwischen Säkularisierung und Re-Theologisierung (II, 11)
11.00 – 11.30
11.30 – 12.30
Dieter Hüning: Taugt die lex naturalis zur Begründung möglicher Zwangsbefugnisse?
12.30 – 13.30
Oliver Bach: „Ergo non est verisimile, reliquisse Deum homines sine hoc remedio“? Francisco Suárez über die Dispens und ein universales Naturrecht. (II,15)
Catégories: Comparative Law News

CALL FOR PAPERS: Towards A History of Error (MPI Berlin/LMU Munich/Univ. Erfurt) DEADLINE 1 November 2014

The MPI for the History of Science in Berlin, the LMU Munich and the University of Erfurt co-host a conference on the history of "error" in several disciplines.

Conference statement (source: HSozUKult):

The Forschungszentrum Gotha and the Max Planck Institute for the History of Science, Berlin invite submission of paper abstracts for a workshop to be held in Berlin, 10-11 December 2015: Towards a History of Error.
The aim of the workshop is to identify key topics and episodes in European intellectual history of error in theology, philosophy, medicine, scholarship, and the sciences, from the late Middle Ages through the early nineteenth century. Themes include not only concepts but also methods for avoiding and eliminating error, as well as reflections on the causes and consequences of error.
Paper abstracts should be no more than 750 words long, and may be submitted in French, German, or English. Applicants are also asked to submit a curriculum vitae (including publications); applications from younger scholars are especially welcomed.
Please submit all materials to Ms. Tanja Neuendorf (tneuendorf@mpiwg-berlin.mpg.de) by no later than October 1, 2014. Successful applicants will be notified by November 1, 2014.
Catégories: Comparative Law News

CALL FOR PAPERS: Academic entrepreneurship in history (ULB/UGent/Lille-3/Bologna) (Deadline: 31 October 2014)

(image source: visitgent.be)

The universities of Brussels (ULB), Ghent, Lille and Bologna host a conference on "academic entrepreneurship in history", to be held on 12 and 13 March in the Ghent City Museum.

The call for papers states the following (source: HSozUKult):

The Departments of History of Universiteit Gent, Université Libre de Bruxelles, Université Lille 3 and Università di Bologna are jointly organizing the international conference "Academic entrepreneurship in history" on 12-13 March 2015 at the STAM city museum in Ghent, Belgium. The aim of the meeting is to bring together an international group of scholars engaged in research on the notion and practice of academic entrepreneurship from the mid-nineteenth century to the end of the twentieth century. The focus will be on the range of actions, behaviors and qualities of academic scientists and their employing institutions which can be seen as entrepreneurial in at least one of the many senses in which the entrepreneurship term has been used in the economics and business history literatures. What we would like to discuss in a broad and comparative perspective is a) how entrepreneurial attitudes and practices coalesced and generated distinctive patterns of performance; b) in what relation these patterns stood to the changes that took place in different educational systems; c) how they were affected by economic, cultural, social, and political factors at multiple spatial levels; and d) how they evolved over time.
Invited papers:
The organizers welcome contributions from both junior and senior scholars. A limited number of papers will be selected on the basis of their relevance to the proposed themes. The aim is to include papers from various streams of research, focusing especially on the physical, life, and engineering sciences but also dealing with other subject areas. We strongly encourage proposals on one or more of the following topics:
1. Institutional entrepreneurship: the behavior of individual or groups of academic scientists (by which we mean the employees of institutions of higher education and research) as agents of innovation in the organization and development of academic institutions.
2. Commercial entrepreneurship: the engagement of academic scientists in commercial activity outside the context of academic institutions (consulting, contracting, patenting, setting up of business enterprises).
3. Entrepreneurial institutions: the involvement of institutions of higher education and research in providing services, expertise, and intellectual property to external customers (public and private) and the institutionalization of this type of activity.
4. Comparisons: changes in time and space and differences (or similarities) between disciplines and fields of activity.
5. Categories and concepts: the definition of typological and conceptual frameworks.
A more detailed outline of these themes is available in a draft document entitled "Academic entrepreneurship in history. A call for further research in a collaborative and comparative perspective." Prospective participants can obtain it from the Organizing Committee via e-mail at AcademicEntrepreneurship@UGent.be.
Relevant dates:
The deadline for the submission of abstracts (maximum 400 words) and short CVs to AcademicEntrepreneurship@UGent.be is 31 October 2014. The notification of acceptance will be issued by 15 November 2014. Papers will be circulated to all participants approximately one month before the conference.
Participation and expenses:
Travel and accommodation expenses of all speakers will be covered. In the case of co-authored papers it will however not be possible to provide additional support.
Contact: Joris.Mercelis@UGent.be. 
Catégories: Comparative Law News

BOOK: "An Introduction to Empirical Legal Research", by Lee Epstein and Andrew D. Martin

by Lee Epstein, Provost Professor and Rader Family Trustee Chair in Law & Political Science, University of Southern California, and Andrew D. Martin, Professor of Law, and Dean, College of Literature, Science, and the Arts, University of Michigan.

A new book from Oxford University Press
all information here
  • A concise, accessible introduction to understanding, conducting, and evaluating empirical research in a legal context
  • Written by two of the world's leading experts in empirical legal research, drawing on many years' experience of training lawyers and students
  • Presents the foundations of statistical modelling and analysis in a language accessible to lawyers with no background in mathematics or formal social science methods
  • Supported by an extensive companion website that includes detailed case studies and sample data sets, introductions to statistical software, guides to best practice, and extensive references for further reading

Is the death penalty a more effective deterrent than lengthy prison sentences? Does a judge's gender influence their decisions? Do independent judiciaries promote economic freedom? Answering such questions requires empirical evidence, and arguments based on empirical research have become an everyday part of legal practice, scholarship, and teaching. In litigation judges are confronted with empirical evidence in cases ranging from bankruptcy and taxation to criminal law and environmental infringement. In academia researchers are increasingly turning to sophisticated empirical methods to assess and challenge fundamental assumptions about the law.

As empirical methods impact on traditional legal scholarship and practice, new forms of education are needed for today's lawyers. All lawyers asked to present or assess empirical arguments need to understand the fundamental principles of social science methodology that underpin sound empirical research. An Introduction to Empirical Legal Research introduces that methodology in a legal context, explaining how empirical analysis can inform legal arguments; how lawyers can set about framing empirical questions, conducting empirical research, analysing data, and presenting or evaluating the results. The fundamentals of understanding quantitative and qualitative data, statistical models, and the structure of empirical arguments are explained in a way accessible to lawyers with or without formal training in statistics.
Written by two of the world's leading experts in empirical legal analysis, drawing on years of experience in training lawyers in empirical methods, An Introduction to Empirical Legal Research will be an invaluable primer for all students, academics, or practising lawyers coming to empirical research - whether they are embarking themselves on an empirical research project, or engaging with empirical arguments in their field of study, research, or practice.

Catégories: Comparative Law News

JOURNAL: German Law E-Journal (No. 5, 2014 - special issue)

Special issue on EU Citizenship:  Twenty Years OnGuest Editor  -  Patricia Mindus (Uppsala University)
click here to download this issue
Catégories: Comparative Law News

CONFERENCE & CFP: “Law, Custom and Ritual in the Medieval Mediterranean" (Lincoln, 13-15 July 2015)

WHAT:   “Law, Custom and Ritual in the Medieval Mediterranean”, fourth biennial conference of the Society for the Medieval Mediterranean
WHERE: University of Lincoln
WHEN: Monday 13th July to Wednesday 15th July 2015
All information hereDeadline: Abstracts for individual papers and proposals for sessions should be emailed to the conference email address (smmconference2015@gmail.com) by the end of the day on Saturday 18th October 2014.

The Society for the Medieval Mediterranean is pleased to announce that the fourth biennial conference of the Society  will take place at the University of Lincoln from Monday 13th July to Wednesday 15th July 2015. The theme of the conference is “Law, Custom and Ritual in the Medieval Mediterranean” and the keynotes will be delivered by Professor Maribel Fierro (CSIC, Madrid: "Obedience to the ruler in the Medieval Islamic West: legal and historical perspectives") and Dr Andrew Marsham (University of Edinburgh: “Rituals of accession in early Islam: a comparative perspective”).

They welcome both individual papers and panel proposals (please, fill in the appropriate form which you will find on the SMM website at http://www.societymedievalmediterranean.com/conference-2015.php).
Those who are interested in presenting at the conference might consider the following sub- themes when putting together their abstracts (but are by no means limited to them):    •    Roman, Canon and municipal law in the medieval Mediterranean    •    Lawyers: their identities, status and practice    •    Disputes, dispute settlement    •    Legal agreements (e.g. charters, treaties)    •    Law codes and codification    •    Manuscripts of law codes, charters, etc.    •    Legal training in the medieval Mediterranean    •    Ritual sites and ritual objects    •    Law, treaties and rituals in visual and material culture    •    Trading and other contractual agreements    •    Oath-making and oath-breaking    •    Outlaws, criminals and rebels    •    Scribal practices and legal record-keeping

They are also interested in papers that propose to take a more openly theoretical look at law, ritual and custom in our period, digital humanities approaches to the topic, and would also consider proposals that discuss the (contemporary) teaching of law, ritual and custom in the medieval Mediterranean.Abstract: the invite 200-300 word abstracts for individual 20 minute papers relating to the conference theme. Participants are also encouraged to submit proposals for sessions of 3 papers – in this case, the session proposer should collate the three abstracts and submit them together, indicating clearly in a covering letter/ email the rationale behind the planned session. Please, fill in the appropriate form, available at http://www.societymedievalmediterranean.com/conference-2015.php.

Postgraduate student bursaries: They will offer up to 10 bursaries for MA and PhD students who are interested in presenting at the Conference. The bursaries, which will cover the Conference fees, will be assigned to those proposals which best fit the theme of the Conference.

Publication: Presenters will be invited to submit their papers for publication in the Society’s journal, Al Masaq: Journal of the Medieval Mediterranean (http://www.tandfonline.com/toc/calm20/current#.U9TZnONdXng), published by Taylor and Francis. Previous conferences have resulted in the publication of special issues of the journal as well as individual articles.

Queries: Specific questions about the conference can be directed to the conference organisers, Dr Antonella Liuzzo Scorpo and Dr Jamie Wood at the conference email address (smmconference2015@gmail.com).

Catégories: Comparative Law News

eJOURNAL: German Law Journal - Special Issue on: EU Citizenship: Twenty Years On

Juris Diversitas - lun, 08/18/2014 - 16:13

Patricia Mindus of Uppsala University has assembled a special issue on European Citizenship - marking the 20th anniversary of the introduction of the concept in the Maastricht Treaty - that treats the question in all its complexity.  Prof. Mindus explains that "Much has happened in and across the EU since Union citizenship was first introduced. Though many question its value, few advocate its irrelevance. This special issue takes stock of how EU citizenship has evolved over the last two decades and what ideas it conveys into the future."
Click here to view this issue.
Catégories: Comparative Law News

BOOK:An Introduction to Empirical Legal Research

Juris Diversitas - lun, 08/18/2014 - 15:54
A new book from Oxford University Press, as follows the main features of this publication:
  • A concise, accessible introduction to understanding, conducting, and evaluating empirical research in a legal context ts the foundations of statistical modelling and analysis in a language accessible to lawyers with no background in mathematics or formal social science methods.
  • Presents the foundations of statistical modelling and analysis in a language accessible to lawyers with no background in mathematics or formal social science methods
  • Supported by an extensive companion website that includes detailed case studies and sample data sets, introductions to statistical software, guides to best practice, and extensive references for further reading
Click here for further information.
Catégories: Comparative Law News

SSRN PAPER: Mobilizing Law for Justice in Asia: A Comparative Approach

Juris Diversitas - lun, 08/18/2014 - 15:02

FRANK W. MUNGER, New York Law School
Email: fmunger@nyls.edu
SCOTT L. CUMMINGS, University of California, Los Angeles (UCLA) - School of Law
Email: cummings@law.ucla.edu
LOUISE G. TRUBEK, University of Wisconsin Law School
Email: lgtrubek@facstaff.wisc.eduThis article offers a comparative framework for studying why and how law is mobilized to advance justice claims by marginalized groups in Asia. In it, we build upon a series of collaborative exchanges between practitioners and scholars on the role of social justice lawyers in eleven Asian countries: Bangladesh, China, India, Indonesia, Malaysia, Mongolia, Myanmar, Philippines, Singapore, Thailand, and Vietnam. Based on lessons from this collaboration, we suggest that one way to understand variation in the type and scope of legal mobilization for the politically weak is in relation to two important domestic factors: political openness and autonomy of law. We use these factors to explore the institutions that shape legal mobilization across the region, focusing attention on how they influence sites and strategies for advancing justice in specific countries. We then consider how political openness and autonomy of law interact with global factors to influence the availability and type of funding for social justice work. Our main goal is to show how comparative analysis illuminates context-specific reasons for differences in social justice practice, while providing a framework to guide deeper investigation of the role of law in Asian development. A central finding from our research is that Asian lawyers who mobilize law for social justice, though marginal in numbers and status, often help to open new paths for change.
Catégories: Comparative Law News

BOOK: Legal Thought And Philosophy

Juris Diversitas - dim, 08/17/2014 - 05:44
Another new publication from Edward Elgar Publishing:

Legal Thought And Philosophy

What Legal Scholarship is About
Bert van Roermund, Tilburg University, The Netherlands
‘This book proves to be an excellent guide through the labyrinth of law. Its crucial point is legal order viewed from the perspective of a situated “We”. Jurisprudence appears as an implicit sort of thinking, embedded in moral, political, epistemological, and linguistic contexts. Numerous example cases lead us from everyday issues to the abysses of violence. Anyone who practises or studies law will highly profit from reading this book. One sees how law functions by being more than mere law.’
– Bernhard Waldenfels, Ruhr-University Bochum, Germany

Legal Thought and Philosophy clarifies background questions in legal research projects, such as the relationship between law and justice, law and politics, law and knowledge, facts and norms, normativity and validity, constituent and constitutional power, and rule and context. It provides advanced students in law and philosophy with an account of legal thinking that combines analytical and phenomenological insights.

From a conception of justice as principled political self-restraint, the book explains why there are moral reasons to separate law from morality conceptually and in what sense a legal order is positive – that is, set by authority and bound up with history. The book explores the conditions under which law may become an object of knowledge and theorising, before finally discussing how these features come together in law as rule-following by citizens, officials, judges, and legislators alike.

Addressing advanced students in law and philosophy, this key book:

• bridges separate traditions in legal philosophy (in particular analytical philosophy and phenomenology)
• develops a view of law as an institution of authority from a conception of justice in the socio-political relationship between ‘we’ and ‘the others’
• presents a systematic account of normativity and validity
• explains in what sense law is ‘doing things with rules’.
Catégories: Comparative Law News

BOOK: Classics in Comparative law

Juris Diversitas - dim, 08/17/2014 - 05:38
A new book from Edward Elgar Publishing has been Released:

Edited by Tom Ginsburg, Leo Spitz Professor of International Law, University of Chicago, US, Pier Giuseppe Monateri, Member of the International Academy of Comparative Law of New York, US and Professor of Law, University of Turin, Italy and Francesco Parisi, Oppenheimer Wolff and Donnelly Professor of Law, University of Minnesota, US and Professor of Economics, University of Bologna, Italy
Comparative law is a field with a rich history, and one to which scholars from many disciplines have contributed. This four-volume set includes an original introduction by the editors, who trace the major developments in the field, covering both private and public law, as well as legal institutions and methodological debates. Encompassing more than a century of scholarship, the collection includes a number of the most enduring articles from several disciplinary perspectives and will be an essential resource for the study of comparative law.
Catégories: Comparative Law News

JOURNAL:Maastricht Journal of European and Comparative Law - Special Issue: The Constitutional Adulthood of Multi-Level Governance

Juris Diversitas - dim, 08/17/2014 - 05:28

A special issue of the Maastricht Journal of European and Comparative Law has been published, as follows the table of contents:

The Guest Editors’ IntroductionPatricia Popelier and Werner Vandenbruwaene
Multi-Level Governance through a Constitutional Prism
Werner Vandenbruwaene

The European Union as a ‘3-D’ Constitutional Space
Andrea Simoncini

The Regions within Multi-Level Governance: Enhanced Opportunities for Improved Accountability?
Adam Cygan

Asymmetry and Complex Adaptive (Legal) Systems: the Case of the European Union
Giuseppe Martinico 

‘Europe Clauses’ and Constitutional Strategies in the Face of Multi-Level Governance
Patricia Popelier

Coupling National Identity with Subsidiarity Concerns in National Parliaments’ Reasoned Opinions
Barbara Guastaferro

EU Directives and Multi-Level Governance – Can Lessons Be Drawn from Cooperative Federalism?
Thomas Vandamme
Helping Loose Ends Meet? Th e Judicial Acknowledgement of Soft Law as a Tool of Multi-Level Governance
Oana Ştefan
Click here for the Journal's home page
Catégories: Comparative Law News

CONFERENCE: Law and Communication

Juris Diversitas - ven, 08/15/2014 - 09:01

Saint-Petersburg University has announced a Conference ´Law and Communication´ dedicated to the modern communication theory of law.All interested speakers and authors are invited to join the Conference 12 December 2014.Where: Law faculty of Saint-Petersburg University, bld. 7, 22 line of Vasilyevsky island, Saint-Petersburg, Russia, 199026.Languiges of the conference: Russian and English.All materials of the Conference will be published in Russian legal journal Pravovedenie.Draft of paper should be presented till September 15, 2014 to Andrey Polyakov by email polyakov2008@gmail.com.All articles should be in compliance with the scholar publication standards  http://www.jurisprudence-media.ru/authors.phpFor additional information, please, contact Andrey Polyakov polyakov2008@gmail.com, Elena Timoshina  timochina@yandex.ru, or Michael Antonov mich.antonov@gmail.com. Hope to meet you in Saint-Petersburg!
Catégories: Comparative Law News

CONFERENCE: 2014 ABA Moscow Dispute Resolution Conference

Juris Diversitas - ven, 08/15/2014 - 08:26

The ABA’s sixth annual Conference on the Resolution of CIS-Related Business Disputes — A “MUST ATTEND” conference  for Litigators, Corporate Counsel,  Arbitration Practitioners, Judges, Academics, Business Executives and Policy-Makers!Where: Radisson Royal Hotel Moscow 2/1 bid 1 Kutuzovskiy prospekt Moscow 121248 Russian FederationDate:  September 19, 2014Time: 8:00 AM - 10:00 PM AT

Topics will include:•The Merger of the Supreme Commercial (Arbitrazh) Court and Supreme Court of General Jurisdiction:  Implications for the Administration of Justice, the Resolution of Commercial Disputes and International Arbitration in Russia•Making CIS-Related Disputes “Stick” in Non-CIS Courts:  Addressing Personal Jurisdiction and Forum Non Conveniens •Lawyer Ethics in Dispute Resolution: A Cross-Border Analysis of What You Can and Cannot Do•The New Russian IP Court: Taking Stock One Year On•Corporate Disputes in a CIS Context:  Managing Conflicts Between Successive Generations of Shareholders•In-House Counsel Perspectives on the Resolution of CIS-Related Disputes 
Program and details here http://ambar.org/moscow2014

Catégories: Comparative Law News