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CALL FOR PAPERS: Law Collecting and Law Collections (Edinburgh, 14-15 April 2016); DEADLINE 30 SEPTEMBER 2015

(image: conference poster; source: prof. dr. J. Cairns)
The Scottish Council of Law Reporting and the University of Edinburgh organize a conference on "Law Collecting and Law Collections" (convener: Prof. dr. J. Cairns).
A conference to address the broad topic of the history of law reporting and the collecting of legal decisions, primarily in Scotland but with the development of law reporting situated in its broader British, European and comparative context. The conference is intended to consider subjects such as how the role of precedent developed, in what form were the earliest records of judicial opinions or decisions, how the form of the modern law report emerged and related issues.

Confirmed keynote speakers include Professor Sir John Baker, Professor John Ford, Professor Thomas Rüfner, and Lord Woolman. Practical details:
Proposals for papers (proposals should not be more than 400 words in length) should be submitted to secretary@sclr.scot no later than 30th September 2015. The conference is open to all interested in this subject area. It is expected that the fee, to include meals and refreshments during the conference and a conference dinner (but not overnight accommodation) will be in the order of £150. Please email secretary@sclr.scot if you wish to be sent a booking form.
Catégories: Comparative Law News

BOOK: Cairns on Codification, Transplants and History: Law Reform in Louisiana (1808) and Quebec (1866)

John Cairns (Edinburgh)'s Codification, Transplants and History: Law Reform in Louisiana (1808) and Quebec (1866) (The Lawbook Exchange, 2015) is now available:
When Louisiana enacted its Digest of the Civil Laws in 1808 and Quebec its Civil Code of Lower Canada in 1866, both jurisdictions were in a period of transition economic, social and political. In both, the laws had originally been transplanted from European nations whose societies were in many ways different from theirs. 
This book offers the first systematic and detailed exploration of the two new codes in light of social and legal change. Cairns examines the rich, complex, and varying legal cultures French, Spanish, Civilian and Anglo-American on which the two sets of redactors drew in drafting their codes. He places this examination in the context surrounding each codification, and the legal history of both societies.
Cairns offers a detailed analysis of family law and employment in the two codes, showing how their respective redactors selected from a defined range of sources and materials to construct their codes. He shows that they acted relatively freely, attempting to inscribe into law rules reflecting what they understood to be the needs of their society from an essentially intuitive and elite perspective. While not propounding a universal theory of legal development, Cairns nonetheless shows the types of factors likely to influence legal change more generally. xlv, 559 pp.
Catégories: Comparative Law News

BOOK: Cairns on Codification, Transplants and History

Juris Diversitas - lun, 06/22/2015 - 04:12

John Cairns (Edinburgh)'s Codification, Transplants and History: Law Reform in Louisiana (1808) and Quebec (1866) (The Lawbook Exchange, 2015) is now available:
When Louisiana enacted its Digest of the Civil Laws in 1808 and Quebec its Civil Code of Lower Canada in 1866, both jurisdictions were in a period of transition economic, social and political. In both, the laws had originally been transplanted from European nations whose societies were in many ways different from theirs.


This book offers the first systematic and detailed exploration of the two new codes in light of social and legal change. Cairns examines the rich, complex, and varying legal cultures French, Spanish, Civilian and Anglo-American on which the two sets of redactors drew in drafting their codes. He places this examination in the context surrounding each codification, and the legal history of both societies.

Cairns offers a detailed analysis of family law and employment in the two codes, showing how their respective redactors selected from a defined range of sources and materials to construct their codes. He shows that they acted relatively freely, attempting to inscribe into law rules reflecting what they understood to be the needs of their society from an essentially intuitive and elite perspective. While not propounding a universal theory of legal development, Cairns nonetheless shows the types of factors likely to influence legal change more generally. xlv, 559 pp.

Catégories: Comparative Law News

BOOK: "The Nobile officium" by Stephen Thomson


Stephen Thomson, The nobile officium. The Extraordinary equitable Jurisdiction of the Supreme Courts of Scotland
all information here
The Nobile Officium of the Court of Session and the High Court of Justiciary is an ancient but elusive concept. The equitable jurisdiction of the Supreme Courts of Scotland continues to be relevant and useful today but its scope and limitations are poorly understood. This is the first book to systematically examine the Nobile Officium. Placing it in its historical and conceptual context, the book explores the development and application of the Nobile Officium in such diverse areas as:
  • Trusts
  • Judicial factors, curators, tutors and guardians
  • Bankruptcy, insolvency and sequestration
  • Custody of children
  • Public officers
  • Statutory omissions
  • civil procedure
  • Criminal law and procedure
This ambitious text provides original and informative commentary and analysis for practitioners, teachers and students of Scots law.Stephen Thomson is Assistant Professor at the Faculty of Law, The Chinese University of Hong Kong
Catégories: Comparative Law News

JOB: Ph.D.-position in European Legal History (KULeuven, deadline 26June 2015)

The Research Unit Roman Law and Legal History at the University of Leuven offers a Ph.D.-position for a year, renewable twice (one year, two year, amounting to four years in total).

Applicants should have a Master degree in Law and a sufficent proficiency in Latin
More information on the vacancy: KULeuven website, or contact prof. dr. L. Waelkens (Laurent.Waelkens@law.kuleuven.be).
(source: Rechtshistorische Courant)
Catégories: Comparative Law News

JOB: Ph.D.-position at Ghent University (project "François Laurent's draft civil code for Belgium: a missed opportunity ?"); DEADLINE 10 JULY 2015

 (image: François Laurent, source: UGentMemorie)
The Ghent Legal History Institute currently has a vacancy for one Ph.D.-researcher (two year-contract, renewable once) in the framework of a project granted by the University's Special Research Fund (BOF).

Project description:
The history of codification traditionally only mentions winners. François Laurent's draft Civil Code for Belgium (1879-1885), probably the most important text ever written by a Belgian legal scholar after 1804, is seen as a "loser". It was never enacted by the legislator. The reason for this failure is its too progressive and anti-clerical character. Laurent inter alia favoured equal rights for women.

Until now, a thorough study of this original and influential text has been lacking. Besides this, we should re-appreciate Laurent as a legal scholar, especially regarding the label "exegetic school" often associated with his writings. On a more general level, Belgian law and its dependence on the French legal tradition come into the scope of this research, as well as the influence of the project on Belgian law.Profile:
The candidate will analyse Laurent's project and his legal thinking, uncover the sources used by François Laurent, contextualise contemporary criticism of Laurent and investigate the national as well as the international afterlife of the text.

The required profile is that of a Master in law and/or history (the latter implying a familiarity with legal research), graduated at the latest by 30 June 2016. Precision, independence and a full commitment to research are a minimum requirement. The applicant should demonstrate a positive team spirit, and master Dutch, French and English, as well as (more passively) German.

The Ghent Legal History institute offers an appointment of 2 years, renewable once, starting between 1 September 2015 and 1 July 2016. Ghent University offers free public transport from home to work, a bicycle allowance and access to universitary sporting and dining facilities. Contact:
Project supervisor, Prof. dr. D. Heirbaut (Dirk.Heirbaut@UGent.be). Candidacies will be received until 10 July 2015. A full curriculum vitae is required.

More information at the same address or with Karin.Pensaert@UGent.be (+32 9 264 68 53).
Catégories: Comparative Law News

WORKSHOP: French Association of Young Legal Historians (26 June 2015, Paris)

(image: Place du Panthéon, Paris; source: paris.fr)
The French Association of Young Legal Historians announced its annual workshop, sponsored by the Legal History Institute (Paris II) and the Cujas Institute. The event will take place in the dean's appartment.

Programme:
VENDREDI 26 JUIN 2015
Appartement décanal, Université Panthéon-Assas
12, place du Panthéon, Paris (V e )

9h30 ― 12h30
Contraindre ou réglementer ? Étude des mesures de lutte contre les crises sanitaires du XVIII e au XIX e siècle
THIBAULT DESMOULINS, Université Panthéon-Assas (Paris II)

Coercion in contract : Robert Hale and his legacy
NOFAR SHEFFI, Institut d’études politiques de Paris

Quelle philosophie de la peine dans une société libérale ? La contrainte pénale et ses enjeux
BENOÎT MONTAY, Université Panthéon-Assas (Paris II)

Existe-t-il une coercition judiciaire ?
RUDY LAHER, Université Paris-Est Créteil Val-de-Marne

14h ― 17h

Fragments d’une généalogie constitutionnelle de la contrainte administrative pour les créances publiques : l’expérience des assignats
JEAN GROSDIDIER, Institut d’études politiques de Paris

La décision Société Immobilière de Saint-Just et la théorie de l’exécution forcée des lois dépourvues de sanction : une théorie problématique
BENJAMIN BLAQUIÈRE, Université Panthéon-Assas (Paris II)

Une mesure de coercition administrative : le placement administratif des marginaux
PIERRE-OLIVIER RIGAUDEAU, Université Panthéon-Assas (Paris II)

Conclusion
P r JEAN-JACQUES BIENVENU
More information here.
Catégories: Comparative Law News

JOB: Seven Ph.D.-positions for legal research in Oslo; DEADLINE 1 SEPTEMBER 2015

(image: Oslo Law Faculty, source: Wikimedia Commons)
International Law Observer signals seven Ph.D.-positions at the University of Oslo in diverse areas of legal research, among which legal history:

Applicants are asked to write a PhD project description of 5-10 pages outlining the research issue, the choice of scientific theory and method, as well as its importance and relevance to Norwegian legal science. The candidate is expected to complete the project within the fellowship period as determined.
Of the announced positions, five fellowships are reserved for the following Norwegian legal disciplines: Legal History, tax law, civil procedure, criminal procedure, property law, administrative law, family law, and law of succession. Applicants for these fellowships must prepare a project description within one of the legal disciplines mentioned above.
The purpose of the Fellowship is research training leading to the successful completion of a PhD degree, and the candidate need to qualify for admission to the PhD programme at the Faculty of Law.
The Fellowships are for a period of up to 4 years, with teaching constituting 25 % of the workload. Alternatively they are for 3 years without any teaching duties. A 4 year Fellowship requires the candidate to meet current teaching needs at the Faculty. The Fellowship period may be reduced within the framework of pertaining regulations based on previously held research fellowship positions.
The PhD candidate must hold a Norwegian master degree in Law or its equivalent. Other education at the same level may be accepted, based on an assessment in each case, if the education is relevant to the conduct of a project in Law. The candidates are required to master or learn Norwegian or any other Scandinavian language.
The candidate’s grades, previous works in legal science, the project description, and the applicant’s professional and personal qualifications will be taken into consideration in the evaluation of the applications. Of importance is also the project's relevance to research plans of the departments and the research groups, the faculty’s research strategy and to the faculty's recruitment needs. Applicants may be called for an interview.
We offer
  • Salary based on salary level 50 - 57 (NOK 429 700,- - 482 800,- per year)
  • An inspiring and friendly working environment
  • Favourable pension arrangement
  • Position in an Inclusive Workplace
  • Attractive welfare arrangements
The application should include
  • A letter of application
  • Project description (5-10 pages)
  • Curriculum vitae with documentation of education, former positions, and academic work.
  • Certified copies of certificates, diplomas with all grades, and a complete list of publications. Foreign diplomas (Master, Bachelor, and the like) must be provided in the original language as well as in an English or Scandinavian translation.
  • It is required to attach an explanation of foreign university grading systems.
  • Up to 3 scholarly publications. If the publications are written by more than one author, a declaration of authorship and of the contribution of the applicant should be submitted.
Please remember that all documents must be in English or a Scandinavian language.
See the guidelines concerning appointment to post doctoral and research posts at UiO for more details.
The University of Oslo has an agreement for all employees, aiming to secure rights to research results.
According to the Norwegian Freedom of Information act § 25 (Offentleglova) information about the applicant may be included in the public applicant list, even though the applicant has requested non-disclosure.
The government workforce should as far as possible reflect the diversity of the population. In accordance with the University of Oslo’s equal opportunities policy, we invite applications from all interested individuals regardless of gender or ethnicity.
More information here.
Catégories: Comparative Law News

CONFERENCE: "Anti-Democratic Ideology and Criminal Law under Fascist, National Socialist and Authoritarian Regimes – IALS", (London, September 10-11 2015)



WHAT Anti-Democratic Ideology and Criminal Law under Fascist, National Socialist and Authoritarian Regimes – IALS, Conference
WHEN September 10-11  2015
WHERE London
all information here
Speakers Abstract

Keynote Speakers: Professor David Fraser, University of Nottingham and Senior Associate Research Fellow at the Institute of Advanced Legal Studies; Professor Luigi Lacchè, University of Macerata, Italy.Academic Convenor: Dr Stephen Skinner, University of Exeter.The Fascist, National Socialist and other forms of authoritarian regimes that emerged in the twentieth century used criminal law as a key component of their repressive and social control strategies. Criminal law was both an instrument in such regimes’ exertion of power, and a medium through which their core ideologies were expressed and could be identified. Although such regimes were not merely negative movements grounded on opposition to other political forces, many of them included elements of anti-democratic ideology in the formulation, application and interpretation of criminal law. This involved rejecting concepts identified with liberal democracy, and purporting to overcome their inadequacies. Whereas for some regimes such as Fascism and National Socialism this was an explicit, self-declared component of their identity, for others anti-democratic ideology was arguably more implicit in their turn away from liberal methods and models of criminal law.This conference invites participants to question the nature and extent of anti-democratic ideology in criminal law under Fascist, National Socialist and other authoritarian regimes during the 20th century. 
Catégories: Comparative Law News

CONFERENCE ANNOUNCEMENT: Annual International Conference on Comparative Law 2015 - Law of Obligations Surrounded by Other Normative Systems

Juris Diversitas - mar, 06/16/2015 - 09:23
Subject areas:
  1. Morality, customs, praxeology and the content of an obligation.
  2. Agreements which are not contracts, relevant to the law of obligations. 
  3. Obligations of the creditor: are they just correlates of the obligations of the debtor, or do they constitute a functionally separate category?
  4. The history of the relationship of contract law and other normative systems. Interpretation, law-making and science of law.
  5. "Socialist law" in the capitalist reality (and vice versa). Interaction of the legal system with the extra-legal environment. The impact of socio-political formations on the shape of state, the content and the evolution of the law.
  6. The future of the state law in terms of economic globalization.
  7. The nature of the obligations in terms of the various normative systems.
  8. Facts as obligations vs legal systems.
  9. Cultural diversity - a challenge to the law of obligations?
Registration is open until June 30, 2015.
Draft programme will be available on July 31, 2015.

Click here for further information.
Catégories: Comparative Law News

ARTICLE: Prof. Anthony MUSSON (Exeter) on Magna Charta

(image source: Royal Historical Society)
The Royal Historical Society signalled an article by Prof. Anthony Musson (Exeter) on the Magna Charta at 800.

Intro:
In January 2015 the Exeter-based Express and Echo ran a story (also frontline news in the Daily Mail): Defiant hoarder vows to fight council’s clear-up order… using the Magna Carta! Threatened with a notice from the council to declutter his house, a Plymouth pensioner, Arthur Watson, claimed protection of the Great Charter on the basis that his rights had been breached since (in his words): ‘The Magna Carta states that no free man may have his possessions taken without due process and the judgement of his peers.’



This year we are celebrating the 800th Anniversary of King John’s accord with the English barons, the treaty sealed at Runnymede on 15 June 1215 that became the ‘Charter of Liberties’. Mr Watson’s perception of the modern relevance and value of Magna Carta, however misguided in precise legal terms, not only bears witness to its continuing influence, but also its place in the ‘popular’ imagination. This is in spite of the fact that the Charter’s binding provisions lasted a mere 10 weeks before it was annulled by the Pope upon John’s application. After John’s death in October 1216 it could have remained a dead letter, but for its resurgence as a tool of royal propaganda, revised and reissued first in November 1216 and then definitively in 1225, promoting the future good governance of the young Henry III. The rolls of parliament and various statutes, ordinances and treaties of the period demonstrate how from the thirteenth century onwards Magna Carta was enshrined in the lexicon of political/constitutional debate between the king and his subjects.The full text can be read on the Royal Historical Society's website.
Catégories: Comparative Law News

PODCAST: BBCFOUR "A History of Ideas" on Habeas Corpus, Civil Disobedience and Thomas Aquinas

 (image: Habeas Corpus Act; Source:  tlaxcala-int.org
BBCFour's podcast "A History of Ideas" brought an item on the history of Habeas Corpus, with Prof. Michael Lobban (LSE) and Alice Taylor (King's College London).

Previous episode concern Thomas Hobbes and civil disobedience (with David Wilson, Birminghan, click here), Thomas Aquinas (Giles Fraser, St Paul's Institute, click here)...

Click here for the full episode.
Catégories: Comparative Law News

JOURNAL: Historia et Ius (n. 7, June 2015)


Num. 7 - June 2015                     
Table of contents                                                     
Temi e questioni

  • 1) Luigi Capogrossi Colognesi e Antonio Masi, Ricordo di Edoardo Volterra - PDF

Studi (valutati tramite peer review
)
  • 2) Marco Urbano Sperandio, Costantino "vescovo universale" - PDF   
  • 3) Paolo Angelini, Annotazioni sull’epitome greca dell’Editto di Rotari - PDF
  • 4) Angela Santangelo Cordani, “Del modo di procedere contro alle streghe nel Santo Officio”. IlSacro Arsenale di Eliseo Masini e gli albori del declino della caccia alle streghe - PDF  
  • 5) Andreas Rahmatian, The Influence of Lord Kames (Henry Home) on some of the Founders of the United States - PDF
  • 6) Ulrike Müssig, The natural judge before the French Revolution: estate opposition against commissionary justice of the crown - PDF
  • 7) Benjamín M. Rodríguez, El Consulado de Buenos Aires y los órdenes normativos del Antiguo Régimen (1794-1821): religión, moral y derecho - PDF
  • 8) Federico Sciarra, I Tribunaux de famille durante la Rivoluzione: un’esperienza di arbitrato obbligatorio - PDF
  • 9) Alberto Torini, Gli albori della campagna abolizionista: il "Giornale per l'abolizione della pena di morte" e il dibattito sulla riforma penale di fine Ottocento - PDF
  • 10) Giordano Ferri, Proprietà collettive e usi civici nella prospettiva storico-giuridica del Novecento. In appendice il discorso di Carlo Calisse - Senato del Regno, 18 maggio 1927 - PDF

Interventi

  • 11) Vida Azimi, Stendhal: candidat à une préfecture - PDF
  • 12) Sonia Abis, Il furor melancholicus nella cultura giuridica di età moderna. Osservazioni e ipotesi di ricerca - PDF
  • 13) Rosamaria Alibrandi, Quando la forma è sostanza. I cerimoniali della Sicilia spagnola (a proposito di Loris De Nardi, Oltre il cerimoniale dei viceré. Le dinamiche istituzionali nella Sicilia barocca, Padova, Libreriauniversitaria.it Edizioni, 2014) - PDF
  • 14) Francesco D’Urso, Il conflitto come iudicium nella dottrina de bello di Francisco Suárez (a proposito di Francisco Suárez, Sulla guerra. Testo originale a fronte a cura e con un saggio di Aldo Andrea Cassi, Macerata 2014) - PDF 
  • 15) Elisabetta Fiocchi Malaspina, Sfide globali per la storia del diritto: prospettive e orizzonti nuovi (a proposito di Thomas Duve (ed.), Entanglements in Legal History: Conceptual Approaches, Global Perspectives on Legal History 1, Max Planck Institute for European Legal History, Open Access Publication, Frankfurt am Main 2014) - PDF 
  • 16) Marvin Messinetti, Taranto e i privilegi cittadini tra Medioevo ed Età Moderna (a proposito di Roberto Caprara, Francesco Nocco, Michele Pepe e Ornella Valeria Sapio, Libro Rosso di Taranto.Codice Architiano (1330-1604), vol. n. XXXVIII della Collana “Codice Diplomatico Pugliese”, Bari, Società di Storia Patria per la Puglia, 2014) - PDF
  • 17) Luigi Trisolino, Sul costituzionalismo dalle origini alle frontiere del c.d. neocostituzionalismo (a proposito di Salvatore Prisco, Costituzione, diritti umani, forma di governo. Frammenti di un itinerario di studio tra storia e prospettive, Torino, Giappichelli, 2014) - PDF
  • 18) Dario Di Cecca, La “buona morte” (a proposito di Marco Cavina, Andarsene al momento giusto. Culture dell’eutanasia nella storia europea, Bologna, Il Mulino, 2015) - PDF

Páginas españolas

  • 19) Aniceto Masferrer, Antonio Pérez Martín. Notas sobre su contribución a la historiografía jurídica española y europea - PDF
Catégories: Comparative Law News

CALL FOR PAPERS: "Reconsidering Democracy and the State from a Global Perspective" (Leiden, 14-16 Jan 2016); DEADLINE 1 JUL 2015

(image source: Univ. Leiden)

Leiden University organizes a three-day conference on "Reconsidering Democracy and the State from a Global Perspective", from 14 to 16 January next year.

Summary:
Modern liberal democracy has traditionally developed within national frameworks. Even the word democracy implies the existence of a demos or citizenship. The period that has often been seen as the first breakthrough of modern conceptions of democracy, the decades around 1800, also saw the rapid development of modern nation states such as France. Vehement and exclusive nationalism, on the other hand, has also been one of the most dangerous enemies of liberal democracy.
The intimate relationship between democracy and nationalism masked the inherent tensions which became apparent during the democratization of many European nation-states since the end of the nineteenth century, a period during which nationalism emerged in a forceful and fitful manner. During the twentieth century the victory of the Allies in the Second World War seemed to spell the definitive victory of the western model of the democratic nation-state.
However, it soon became evident that exporting and implementing this model was problematic. Communist countries had a completely different view of democracy and the relevance of the western model for postcolonial societies was questionable.
The idea that democratic rights were not safe in the hands of nation-states and needed the support of non or supra-national organizations and movements began to spread and was taken up by universalist and internationalist advocates. In the twenty-first century globalization, European integration and populism all seem to challenge the old model, albeit in very different ways.

This conference will investigate the multifaceted relationship between democracy and the nation-state, not only in Europe but also in other parts of the world. Separate workshops will address this topic from different angles, ranging from the nationalization of the (mainly European) masses (George Mosse) at the end of the nineteenth century to forms of the national state in postcolonial Africa; from the promise of democratic perpetual peace and pursuing democratic rights at the supranational level to populist and nationalist distrust of democratic oligarchy and to the challenges democracy faces when the monopoly of legitimate force of the nation-state is threatened.

The conference will try to answer the question whether the age-old relationship between democracy and the nation-state is entering a new phase.Conference structure:
The conference program consists of two plenary keynote lectures and paper presentations during workshop sessions (circa 10 persons per session). Presenters of accepted papers are asked to speak 15 minutes, followed by a discussion under the supervision of a session chair. Prof. dr. Glenda Sluga will deliver a keynote address. The other keynote speaker will be announced soon.
We invite scholars to submit proposals for a paper on one of the following themes:
< Democracy and the United States: the exceptional or universal nation?

Democratization and nationalism in Europe, 1870-1920
Coordinators: Eric Storm & Maarten van Ginderachter

Beyond Democratic Peace. Democracy, the Nation State and War
Coordinator: Eugenio Cusumano

When the nation is not enough. Democratic rights on the global stage, 1870-1970
Coordinator: Anne-Isabelle Richard

Democracy, the Nation State, and their adversaries
Coordinators: Joost Augusteijn, Constant Hijzen & Mark Leon de Vries

Democratic Distrust: Power, Paranoia, and the People
Coordinator: Eduard van de Bilt

Congomania and Forms of the National State in Africa (1950s 1960s)
Coordinator: Alanna O'Malley

Necropolitics and Political Authority: Violence and Death in the Control over Populations
Coordinator: Jose Carlos G. Aguiar & Erella Grassiani

Politics of Discontent in the Southern Cone
Coordinators: Michelle Carmody & Patricio Silva
  Practical information:
Please send your application before 1 July 2015 to: conference.democracy.nation.state@leiden.edu

Applications should include:
  • Title of proposed paper
  • Title of the abovementioned theme of your choice
  • Abstract (maximum 500 words)
  • Biographical information (short CV)
  • Contact information (email, telephone and postal address)
Conference website: www.hum.leiden.edu/history/conference-democracy-nation-state Email: conference.democracy.nation.state@leiden.edu
Contactpersons are:
Prof.dr. Henk te Velde
Dr. Patrick Dassen
Eveline van Rijswijk MA (conference assistant)
This conference is organized by the research group Political Culture and National Identities of Leiden University Institute for History:
Catégories: Comparative Law News

BOOK: "Lord Kames. Legal and Social Theorist" by Andreas Rahmatian (May 2015)


Andreas Rahmatian, Lord Kames. Legal and Social Theorist
all information here

Re-establishes the importance of the ideas and legal philosophy of Scottish jurist and philosopher Lord KamesThe Scottish jurist, judge, legal historian and philosopher Henry Home (1696–1782) took the title Lord Kames when he was elevated to the bench of the Scottish Court of Session in 1752. In the 18th century, his books were influential and widely read; the educated classes and representatives of the Enlightenment in England, France and in the German states were all familiar with his aesthetic and philosophical writings.
Andreas Rahmatian explains Kames’ conceptions of legal philosophy, including black-letter law, legal science, legal theory, legal sociology and anthropology in its early stages, setting them in the context of the Scottish Enlightenment. He looks at how Kames came to be one of the forefathers of comparative law, sociology of law, legal psychology and ‘legal science’ in its proper meaning, as opposed to ‘law’.
Catégories: Comparative Law News

NOTICE: ESCLH General Assembly members (Reading, July 9 2015)


WHAT ESCLH General Assembly members
WHEN July 9 2015, 10:45-11:15
WHERE University of Reading, UK, Conference CenterRoom: as for Parallel session I ("Turbulence and Continuity")

Program


1. General Report of the ESCLH (by the President), including:
a. ‘Membership and the current financial situation (by Mia Korpiola, Vice-President)
b. Status of ESCLH Projects: Western Legal Traditions, Comparative Legal History Volume and new projects (by the President)
2. The Official Journal of the ESCLH (reported by an Editorial Board member)
3. The growth and consolidation of the ESCLH (by Mia Korpiola, Vice-President)
4. Update to ESCLH Conference 2016: Gdańsk (a member of Uniwersytet Gdański)
5. Any Other Business
It would be helpful if, where possible, any further business that a member of the ESCLH would like to propose be brought to the attention of the Secretary-General, Dr Matthew Dyson, on mnd21@cam.ac.uk.

Catégories: Comparative Law News

ANNUAL CONFERENCE LIMERICK 2015: ALBUM 2

Juris Diversitas - mer, 06/10/2015 - 11:56

















Credit photos: Prof. Olivier Moréteau
Catégories: Comparative Law News

ANNUAL CONFERENCE LIMERICK 2015: ALBUM 1

Juris Diversitas - mer, 06/10/2015 - 11:50
















Credit photos: Prof. Elina Moustaira
Catégories: Comparative Law News

BOOK: Bryson's Reports of Cases In The Court of Chancery From The Time Of King James II (1685-1688)

Reports of Cases In The Court of Chancery From The Time Of King James II (1685-1688)William Hamilton Bryson
'This book is a collection of the law reports from the Court of Chancery during the reign of King James II, which coincidentally included the chancellorship of Sir George Jeffreys. The choice of time was made somewhat arbitrarily because it was a short reign and, thus, it would be a manageable project to put into one place all the reports, whether in print or in manuscript, in chronological order, according to the ancient tradition of English law reporting. There turned out to be a larger corpus of reports from this court than was originally anticipated.The collections of Chancery reports before the tenure of Lord Nottingham are poor. The appointment of Sir Heneage Finch, Lord Nottingham, to the Chancery bench in 1673 marked a new era in law reporting in the Court of Chancery. Lord Nottingham, a first rate lawyer, began making reports of the cases that he heard as judge, and these reports were full and learned. They cover the period 1673 to 1682, and, while they were generally known, they were not easily accessible until they were published by David Yale in 1957 and 1961, Selden Society, volumes 73 and 79. Fortunately, Thomas Vernon began his extensive collection of Chancery reports in 1681; they continue up to 1720. Vernon's reports are not particularly good, even the much expanded later editions, but they are fairly comparable to the contemporary common law reports. Thus, there has been systematic reporting of Chancery cases since 1673. There are also a few Chancery reports from this period in other printed books, and the bibliography of them is within.By putting all of the reports of this court for this reign into one book and arranging them chronologically, we can see that, in fact, the systematic contemporaneous reporting of Chancery cases begun by Lord Nottingham continued unabated after his untimely death in 1682.This collection of reports has the expected cases involving procedure and jurisdiction. However, the vast majority deal with issues of property law. These arose out of family settlements which generated disputes over settlements not performed, the interpretation of conditional gifts and devises, intestate succession, breaches of trust, the rights of mortgagees and other secured creditors, jointures, charges on land, etc. In most of these cases, the issues to be decided were common law rights, but they had to be determined in a court of equity before an equitable remedy could be granted. They illustrate that the principles of common law and equity were not in opposition, as a general principle, but equity fulfilled and fine-tuned the common law by giving more modern and sophisticated remedies to enforce basic common law rights.Most of the text of the law reports herein has been in print for several centuries. However, this new edition and new arrangement of some few of our books, though small and modest, is a part of the international, ongoing effort to keep the tools of the common law sharp and in good repair.We give praise to the Masters of the Bench of Lincoln's Inn, London, and the Council of King's Inns, Dublin, for preserving manuscript reports of the common law. Additionally, many thanks are due to them for their permission to publish some of them here.'
Catégories: Comparative Law News

Il Codice Civile, The First Translation of Napoleon's Code Civil

Juris Diversitas - lun, 06/08/2015 - 16:10
Sara V. Pic, Reference Librarian at the Law Library of Louisiana (400 Royal Street, New Orleans), assembled a unique exhibition on the Italian translation of the Napoleonic Code. TheIl Codice Civile exhibition can also be visited online.


Catégories: Comparative Law News

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