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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

RIP: RODERICK A. MACDONALD (1948-2014)

Juris Diversitas - sam, 2014-06-14 06:30
RIP: RODERICK A. MACDONALD
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

REMINDER: PhD SCHOLARSHIP DEADLINE, SCHOOL OF LAW, UNIVERSITY OF LIMERICK, Ireland (Limerick, 13 June 2014)


SCHOLARSHIP DEADLINE APPROACHING!

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

CALL FOR ESSAYS/ARTICLES: Le centenaire du Dahir sur obligations et contracts, Livre jubilaire

Call for essays/articles, by Prof. Fouzi Rherrousse, University of Fez, Maroc
Deadline: october 2014
 APPEL À CONTRIBUTION, PROJET D'OUVRAGE COLLECTIFMesdames, Messieurs,Je travaille en ce moment avec d’autres chercheurs sur un livre jubilaire pour commémorer le centenaire du Dahir sur obligations et contrats. Je serais heureux si vous participiez à ce projet.  Vos contributions, ajouteront une plus-value à notre modeste entreprise.Le livre jubilaire aura pour but de promouvoir l’histoire du droit au Maroc et l’intégrer dans l’enseignement supérieur, cette discipline est le grand absent des facultés de droit au Maroc.  Le livre jubilaire sera partagé en deux parties, une partie sur la Discipline de l’histoire du droit, son importance ses méthodes, et une autre partie sur l’histoire du D.O.C (dahir sur obligations et contrats) en particulier.  Le livre jubilaire sera bien le seul dans son genre, car les autres manifestations concernent la célébration du centenaire du DOC étaient publiées sous forme d’actes de colloques ou l’histoire du droit n’avait aucune place.La date limite pour déposer les articles est le début octobre.
Le Livre Jubilaire portera entre ses lignes un rêve, celui de diffuser  la méthode.      Et la sagesse de l’Histoire du Droit.Cordiales salutations
Pr Fouzi Rherrousse Université de FezMaroc
contacts: 
exocet7@hotmail.fr

Catégories: Comparative Law News

NOTICE: "Traditions and changes", Third biennal ESCLH 2014 CONFERENCE (Macerata, 8-9 July 2014)


WHAT: Traditions and Changes, Third Biennial ESCLH Conference
WHERE: University of Macerata, Law Department, Macerata, Italy
WHEN: 8-9 July 2014
We are glad to announce that the Third Biennial ESCLH ConferenceTraditions and Changes, will be held on July 8-9, 2014 at the University of Macerata (Italy).In the fantastic Italian environment of Le Marche region, participants will share new perspectives in the field of Comparative Legal History.All information hereFacebook page here
Catégories: Comparative Law News

SCHOLARSHIP: PhD Studentship - The History of Ideas about Law and Society in a Global Context

The Centre for Law and Society in a Global Context (CLSGC), part of the School of Law at Queen Mary - University of London:is offering a PhD Studentship to fund a doctoral student to conduct research in the area of the history of ideas about law and society in a global context. The CLSGC would welcome applications for this funding award from applicants whose research proposals outline how they aim to investigate the social context in which such ideas are articulated either by individual jurists or groups of jurists.The research will be conducted at the CLSGC, which was established in the summer of 2013. It is a home for multidisciplinary research into the global dimensions of law and society. At its core, the CLSGC aims to work towards a better theorization of law in its changing social contexts, exploring the challenges posed for this endeavour by law's increasingly important global dimensions. One of the key planks of CLGSC's research program is the historical dimension of the globalisation of law, including the globalisation of ideas about law and society.The studentships are awarded on the basis of academic excellence. The application process for these awards is highly competitive. Shortlisted candidates will be required to attend an interview.For additional information see here or here.
Catégories: Comparative Law News

SCHOLARSHIP: PhD Studentship - The History of Ideas about Law and Society in a Global Context

Juris Diversitas - ven, 2014-06-06 09:53
The Centre for Law and Society in a Global Context (CLSGC), part of the School of Law at Queen Mary - University of London:is offering a PhD Studentship to fund a doctoral student to conduct research in the area of the history of ideas about law and society in a global context. The CLSGC would welcome applications for this funding award from applicants whose research proposals outline how they aim to investigate the social context in which such ideas are articulated either by individual jurists or groups of jurists.The research will be conducted at the CLSGC, which was established in the summer of 2013. It is a home for multidisciplinary research into the global dimensions of law and society. At its core, the CLSGC aims to work towards a better theorization of law in its changing social contexts, exploring the challenges posed for this endeavour by law's increasingly important global dimensions. One of the key planks of CLGSC's research program is the historical dimension of the globalisation of law, including the globalisation of ideas about law and society.The studentships are awarded on the basis of academic excellence. The application process for these awards is highly competitive. Shortlisted candidates will be required to attend an interview.For additional information see here or here.
Catégories: Comparative Law News

AWARD: Professor Olivier Moréteau

Juris Diversitas - ven, 2014-06-06 04:50
Professor Olivier Moréteau, Vice-President of Juris Diversitas and Co-Organiser of the coming conference in Aix, was recently awarded the John Ashby Hernandez III Memorial Francophone Leadership Award by the Louisiana State Bar Association at the General Assembly and House of Delegates meeting.Well done, Sir. (Love the halo!) - SPDFor additional information, click here.
Catégories: Comparative Law News

eJOURNAL (New): BioLaw Journal - Rivista di BioDiritto

Juris Diversitas - mer, 2014-06-04 16:18
The first issue of BioLaw Journal - Rivista di BioDiritto has just been published. 

BioLaw Journal – Rivista di BioDiritto is a peer reviewed, online law journal focusing on the relationships between law and life sciences under a comparative perspective. According to its interdisciplinary nature, the Journal hosts contributions in the fields of law, life sciences and bioethics.
The Journal presents articles, commentaries and book reviews which provide an innovative and original source of reference for academics, lawyers, legal and medical practitioners, law students, and anyone interested in national, European and international biolaw.
The first issue is freely available at this link: http://www.biodiritto.org/ojs/index.php?journal=biolaw&page=index
Catégories: Comparative Law News

OPPORTUNITY: Lecturer/Senior Lecturer in Law, Ghana Campus

Juris Diversitas - mer, 2014-06-04 08:08
Lancaster University Ghana seeks lecturers or senior lecturers. 

Qualified to teach Ghanaian law, the appointees will be part of the founding Law School at our campus in Accra, Ghana. From October 2014 the campus will offer a Ghanaian qualifying law degree at undergraduate level on which the appointees will teach. 

Further details and contact details can be found here.
Catégories: Comparative Law News

SEMINAR: "The differentiation of property" (Paris, 10 June 2014)



WHAT: The differentiation of property, 8th meeting of the séminaire de casuistique Le Bien commun, les biens communs, les choses communes, la collectivisation des intérêts organized by Emanuele Coccia, Emanuele Conte, Marie-Angèle Hermitte and Paolo Napoli 
WHERE: École des Hautes Études en Sciences Sociales (EHESS), Centre d'études des norme juridiques Yan Thomas (CENJ), Salle D & M Lombard, 96 boulevard Raspail, 75006, Paris
WHEN: 10 June 2014, 6:00 - 9:00 pm
SpeakerDan WIELSCH - Université de cologne, Professeur de droit civil
Catégories: Comparative Law News