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BOOK: Richard S. KAY, The Glorious Revolution and the Continuity of Law (Catholic Univ. of America Press, 2014, 312 p., $59,95, ISBN 978-0-8132-2687-3)

(image source: amazon
The Legal History Blog announced a new book by Richard S. Kay (Wallice Stevens Professor of Law at the University of Connecticut School of Law), on The Glorious Revolution and the Continuity of Law.

Abstract:
The Glorious Revolution and the Continuity of Law explores the relationship between law and revolution. Revolt - armed or not - is often viewed as the overthrow of legitimate rulers. Historical experience, however, shows that revolutions are frequently accompanied by the invocation rather than the repudiation of law. No example is clearer than that of the Glorious Revolution of 1688-89. At that time the unpopular but lawful Catholic king, James II, lost his throne and was replaced by his Protestant son-in-law and daughter, William of Orange and Mary, with James's attempt to recapture the throne thwarted at the Battle of the Boyne in Ireland. The revolutionaries had to negotiate two contradictory but intensely held convictions. The first was that the essential role of law in defining and regulating the activity of the state must be maintained. The second was that constitutional arrangements to limit the unilateral authority of the monarch and preserve an indispensable role for the houses of parliament in public decision-making had to be established. In the circumstances of 1688-89, the revolutionaries could not be faithful to the second without betraying the first. Their attempts to reconcile these conflicting objectives involved the frequent employment of legal rhetoric to justify their actions. In so doing, they necessarily used the word "law" in different ways. It could denote the specific rules of positive law; it could simply express devotion to the large political and social values that underlay the legal system; or it could do something in between. In 1688-89 it meant all those things to different participants at different times. This study adds a new dimension to the literature of the Glorious Revolution by describing, analyzing and elaborating this central paradox: the revolutionaries tried to break the rules of the constitution and, at the same time, be true to them.
More information on the publisher's website.
Catégories: Comparative Law News

CONFERENCE ANNOUNCEMENT: In Pursuit of Pluralist Jurisprudence

Juris Diversitas - mer, 01/21/2015 - 04:25
Thursday & Friday, 5-6 February 2015, Faculty of Law, National University of SingaporeExisting jurisprudential analyses of law beyond the state have focused upon substantive questions surrounding the institutional, normative and systemic character of non-state law, both on its own and in interaction with state law. That scholarship, however, has revealed a significant gap surrounding questions of jurisprudential methodology, purpose and scope. These are the broad themes the conference will aim to address.PROGRAMME: The programme has been arranged to cover the following sessions.Thursday, 5 Feb 2015SESSION I (Chair: Andrew Harding)Do Lawyers Need a Theory of Legal Pluralism? Roger Cotterrell (Queen Mary University of London)
Tribal Executive Power in the Settler States: Legal and Political Theories of Inter-indigenous Pluralism. Kirsty Gover (University of Melbourne)SESSION II (Chair: Terry Nardin)Three Concepts of Legal Pluralism: A Jurisprudential Assessment. Mattias Kumm (The WZB Berlin Social Science Center)
Law and Legitimacy for Global Institutions. Pavlos Eleftheriadis (University of Oxford)SESSION III (Chair: Maksymilian Del Mar)Legal Pluralism and the Rule of Law. Martin Krygier (University of New South Wales)
The Many Uses of Law: Connecting an Instrumental and an Interactional Perspective. Sanne Taekema (Erasmus University Rotterdam)Friday, 6 Feb 2015SESSION IV (Chair: Tony Anghie)Metaphors of the New Legal Theory. Margaret Davies (Flinders University)
Towards a Genealogical Understanding of Transnational Law. Detlef Von Daniels (Humboldt-Universität zu Berlin)SESSION V (Chair: Kevin Walton)Legal Theory and Global Justice: The Gap. Neil Walker (University of Edinburgh)
Collectivist Authority and International Customary Law. Stefan Sciaraffa (McMaster University)SESSION VI (Chair: Nicole Roughan)
Law and Recognition-Towards a Relational Concept of Law. Ralf Michaels (Duke University)
Against a General Jurisprudence of Pluralism. Cormac Mac Amhlaigh (University of Edinburgh)
Catégories: Comparative Law News

SSRN ARTICLE ANNOUNCEMENT: Hong Kong's Umbrella Movement and Beijing's Failure to Honor the Basic Law

Juris Diversitas - mar, 01/20/2015 - 06:35
"Hong Kong's Umbrella Movement and Beijing's Failure to Honor the Basic Law" 
University of Hong Kong Faculty of Law Research Paper No. 2014/043MICHAEL C. DAVIS, The University of Hong Kong - Faculty of Law
Email: mcdavis@hku.hkOver the past few months Hong Kong has been deeply embedded in political change and protests. These debates and confrontations in Hong Kong have had a particular constitutional character grounded in disputes over interpretation of the Hong Kong Basic Law’s constitutional text. Recent actions initiated by Beijing have, in the public eye, called into question solemn commitments made to Hong Kong under the “one country, two systems” model promised in the 1984 Sino-British Joint Declaration. A series of reports and decisions issued this past year have been the source of public discontent. This paper will consider these causes and suggest avenues to a solution going forward.
Catégories: Comparative Law News

SSRN ARTICLE ANNOUNCEMENT: China & the UN Declaration on the Rights of Indigenous Peoples: The Tibetan Case

Juris Diversitas - mar, 01/20/2015 - 06:33
"China & the UN Declaration on the Rights of Indigenous Peoples: The Tibetan Case"  University of Hong Kong Faculty of Law Research Paper No. 2014/044MICHAEL C. DAVIS, The University of Hong Kong - Faculty of Law
Email: mcdavis@hku.hkUsing sovereignty as a shield, the People’s Republic of China (PRC) has generally sought a pass in regard to enforcing international human rights compliance. Though it has signed numerous human rights treaties, its state-centered approach has sought to avoid all efforts at enforcement. This avoidance has nowhere been more absolute than its disavowal of any obligations regarding indigenous peoples’ rights. The PRC actually voted in support of the 2007 United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) (UN General Assembly 2008). It then promptly disavowed any obligation under the declaration, proclaiming there were no indigenous peoples in China. It proclaimed 5,000 years of unity and harmony with its 55 designated national minorities living in peace on their own land. Though a bloody history and recent protests by the most prominent of these minorities – Tibetans, Uyghurs, and Mongols – would tend to belie such assertion, the international community has rarely challenged this claim.
Catégories: Comparative Law News

SSRN ARTICLE ANNOUNCEMENT: "Muslim Law: Judicial and Legislative Changes Around the World"

Juris Diversitas - mar, 01/20/2015 - 06:25

From PHILOSOPHY OF LAW eJOURNAl, we suggest the following article: 
"Muslim Law: Judicial and Legislative Changes Around the World" MOSLAY UDDIN, University of Dhaka
Email: moslayudden@gmail.com
MD AYATULLAH, University of DhakaThe prime objective of this paper is to find a way out to the discomfiting situation that now exists. An attempt has been made to point out the exact sites of contradiction with the orthodox law and to link between the mainstream Islamic law and the present judicial thought. Here, the limitations that we have not crossed yet in the field of reforms in Islamic principles have been incorporated.

This paper is divided into eleven chapters. The first chapter presents the scope and objectives of the research along with a short description of the methodology of the research. The second chapter narrates the fundamental issues of the Islamic law of reforms and a short description of our present legal system. The third chapter deals with the concept of Muslim marriage and certain other mandatory issues that validate the marriage, with a discussion of certain reforms. Fourth chapter deals with the provision of dower and some reforms regarding the implementation of this right. The fifth chapter deals with the maintenance right specially focusing the post divorce maintenance. Chapter six describes the provisions of dissolution of marriage and reforms regarding women’s right to divorce, and restriction on husband’s capricious exercise of divorce. Chapter seven contains the discussion of polygamy and intervening marriage with reforms that has taken place in the contemporary world. Eighth chapter deals with custody and guardianship of Muslim child and judicial review. Under chapter nine inheritance rights and the question of equality has been described. This chapter also contains a discussion on the application of the doctrine of representation. The last chapter enunciates the findings and concludes the study.
Catégories: Comparative Law News

CONFERENCE & CFP: "Il mediterraneo e la Grande Guerra" (Taranto, 24 May 2015)



what  Il Mediterraneo e la Grande Guerra, Conference and Call for papers
when 24 May 2015
where  Dipartimento Jonico in Sistemi giuridici ed economici del Mediterraneo: società, ambiente, culture dell’Università degli Studi di Bari Aldo Moro, Taranto (Italy)
deadline 15 March 2015, h 12:00 (osservatorioemgm@gmail.com)
All information here 
L’Osservatorio su “L’Europa e il Mediterraneo fra le due guerre mondiali. L’Olocausto e la guerra fredda” (Osservatorio EMGM) organizza un convegno internazionale che si terrà il 24 maggio 2015 a Taranto (Italy) presso la sede del Dipartimento Jonico in Sistemi giuridici ed economici del Mediterraneo: società, ambiente, culture dell’Università degli Studi di Bari Aldo Moro sul tema “Il Mediterraneo e la Grande Guerra”.L’invito a partecipare è aperto a professori, ricercatori e studiosi di storia del diritto, storia delle istituzioni, storia contemporanea,   provenienti da università italiane e straniere.Il tema del Convegno ruoterà intorno al focus della Grande Guerra e le diverse esperienze giuridiche dei paesi del Mediterraneo.

Saranno favoriti interventi che focalizzino le seguenti tematiche:-          le  politiche di guerra attuate dai governi coinvolti nel conflitto;-          le riforme militari poste in essere dai paesi interessati al conflitto;-          i rapporti internazionali tra i paesi del Mediterraneo;-          giustizia militare e giustizia d’eccezione-          culture, diritti e religioni-          gli interventi dei governi relativi al diritto successorio e di famiglia,-          le riforme attuate in materia di lavoro e previdenza sociale,-          le politiche di diritto commerciale-          le riforme in materia di finanze e tributi. Gli studiosi interessati dovranno inviare entro le ore 12.00 del 15 marzo 2015 un abstract in italiano e in inglese di massimo 200 parole  accompagnato da un breve curriculum in italiano e inglese all’indirizzo: osservatorioemgm@gmail.comInformazioni Generali• Si raccomanda di allegare in file separati il CV e i recapiti dell'autore.• Gli abstract dovranno essere in italiano e in inglese e contenere al massimo 200 parole.• E’ ammessa la presentazione di un solo abstract per autore.• Gli abstract saranno esaminati dall’Osservatorio sulle guerre entro il 30 marzo 2015. Gli autori che avranno presentato un abstract ritenuto idoneo ad essere inserito nel programma del convegno riceveranno una e-mail di notifica entro il 1° aprile.• Non sono previsti  rimborsi per il viaggio e il soggiorno degli gli studiosi che parteciperanno al convegno.• Le relazioni dovranno essere tenute in italiano o in spagnolo. Per coloro che vorranno tenere la relazione in spagnolo, dovranno inviare il testo della relazione almeno 15 giorni prima della data del convegno, onde consentire la traduzione simultanea.Termini e CondizioniPresentando un abstract tutti gli autori accettano i seguenti termini e condizioni:• Conferma implicita che ogni autore ha prestato consenso ad essere indicato nel programma del convegno• Conferma dell'accuratezza delle informazioni di quanto contenuto nell’abstract.• Implicito consenso dato all’Osservatorio alla pubblicazione sul sito web http://www.uniba.it/siti/ius-regni  del CV degli autori, del Paper e dell’indirizzo di posta elettronica.• I termini per la raccolta dei contributi per la pubblicazione degli atti del convegno saranno successivi a quelli della realizzazione del Convegno stesso e saranno indicati ai partecipanti in data 24 maggio 2015.• Gli studiosi impossibilitati a partecipare al convegno, con abstract accettati e regolarmente iscritti al Convegno, potranno inviare i loro contributi per la pubblicazione degli atti.  
Catégories: Comparative Law News

CALL FOR PAPERS Extended: Juris Diversitas Annual Conference

Juris Diversitas - lun, 01/19/2015 - 07:47
CALL FOR PAPERS - 
DEADLINE EXTENDED: 28 February 2015
JURIS DIVERSITASANNUAL CONFERENCE  2-4 June 2015School of Law, University of LimerickLimerick, IrelandTHE STATE AND/OF COMPARATIVE LAW
[Note that the Irish Society of Comparative Law annual conferences will be held in Limerick immediately afterwards. Its theme is ‘Comparative Law: From Antiquity to Modernity’ and the same proposal may be submitted for both conferences. See here.]

While any proposal on comparative law (broadly conceived) will be considered, the conference’s primary theme is the relationship between social and legal norms and social and legal institutions. In memory of Roderick A Macdonald (1948-2014) and H Patrick Glenn (1940-2014), both former members of our Advisory Council, particular attention will be given to the diverse themes of their scholarship: for example, ‘common laws’, ‘constitutive polyjurality’, ‘critical legal pluralism’, ‘everyday law’, and ‘legal cosmopolitanism’.
As with our past conferences, proposals on a wide variety of topics will be accepted: comparative jurisprudence and legislation, legal philosophy, legal education, law reform, etc. Presentations may be theoretical analyses or case studies on the past or present, North or South, East or West ….
Panel proposals and interdisciplinary presentations are strongly encouraged, as is the participation of doctoral students and scholars from outside of the discipline of law. While parallel sessions of three twenty-minute presentations will be used, we welcome more original session structures.
Proposals should be in English or French. Proposals of c250 words (or 1000 words for panel proposals) should be submitted to Olivier Moréteau at moreteau@lsu.edu by 28 February 2015, with a short biography or resume (c250 words). Please send Word documents only, with minimal formatting.
Registration fees are €200 (€125 for Juris Diversitas members paid up for 2015). Membership and fee payment information is available on the Juris Diversitas Blog (http://jurisdiversitas.blogspot.ie/). Note that fees don’t cover travel, accommodation, or the conference dinner (€50).
Catégories: Comparative Law News

SSRN ARTICLES ANNOUNCEMENTS: Two interesting articles from ISLAMIC LAW & LAW OF THE MUSLIM WORLD eJOURNAL

Juris Diversitas - ven, 01/16/2015 - 05:13
We suggest the following articles from Islamic Law & Law of the Muslim World eJournal:

"Constitution-Making in Egypt: The Role of Constitutional Court Judges" 
in Revolution as a Process: The Case of the Egyptian Uprising edited by Adham Hamed (Wiener Verlag für Sozialforschung (6 Dec 2014)ANEESA WALJI, Consultant
Email: aneesa.walji@gmail.com
Since February 2011, when street protests forced former Egyptian president Hosni Mubarak to resign, Egypt has experienced two constitution drafting processes. This chapter examines the role of judges in the second constitution-making process.

More specifically, it examines and interrogates the role of individual Supreme Constitutional Court (SCC) judges. It begins with an introduction to constitution-making and constitutional courts, and then points to an important literature gap at the intersection of these two subjects. Following this, it examines the situation in Egypt. There is a brief description of the Egyptian SCC and the role of SCC judges in the constitution-making process leading up to the 2014 Constitution. Finally, it offers some analysis and observations, employing democratic concepts and principles about the role of judges in a democracy, all with a commitment to liberal constitutionalism.

Ultimately, the author raises a number of abstract and Egypt-specific contextualized factors to assess the role of judges in constitution-making, in order to begin a discussion about the kinds of considerations that might be made generally in constitution-making. The key conclusion is that while there may be value to having judges formally involved in constitution building, much is at risk for judicial independence in the process.
"Boko Haram, Islamic Law of Rebellion and the ICC" 
International Human Rights Law Review 3 (2014) 29-60NOELLE HIGGINS, Maynooth University
Email: nfhiggins@gmail.com
DR. MOHAMED ELEWA BADAR, University of Northumbria - School of Law
Email: Mohamed.badar@northumbria.ac.uk Since its foundation in 1999 Boko Haram has carried out numerous acts of violence on the territory of Nigeria constituting gross violations of human rights. The Office of the Prosecutor (OTP) of the International Criminal Court (ICC) has been monitoring the violence between Boko Haram and Nigerian armed forces as part of a preliminary investigation. It has stated that the violence between Boko Haram and the armed forces has reached the level of a non-international armed conflict and that there is reason to believe that Boko Haram is responsible for war crimes and crimes against humanity. This article assesses certain types of behaviour of Boko Haram from an Islamic law perspective and examines whether Islamic law condemns or justifies such acts. Arguably, it would help the ICC in asserting the legitimacy of its judgments, if it was able to prove that such judgments are compatible with the legal and belief system recognised by the actors at trial. In turn it would enable the Court to deal with at least some of the criticisms aimed at it for being an imperialistic institution.


Catégories: Comparative Law News

CALL FOR PAPERS: 2015 Osgoode Forum - Sex, Drugs & Rock 'n Roll: Subversive Sites in the Law

Juris Diversitas - ven, 01/16/2015 - 05:06
May 15 - 16, 2015, Toronto, OntarioDeadline for papers' submission: 31 January 2015
Change and stability, evolution and historical continuity, progress and constancy - these are conflicting demands that society and its members make of the law and legal institutions. Knowledge accumulates, past truths are shown to be false, and historical anomalies come to dominate the present. Heraclitus, the ancient Greek philosopher stated that "everything changes and nothing stands still". If change is the only constant, how have, do, and should law and legal institutions respond, resist, react, accommodate, accept, or suppress social change and the agents of change?
OVERVIEW: Sex, Drugs, and Rock 'n Roll is a credo associated with counter-culture, subversion, and resistance. Subversive sites of contestation exist not only because of constant change but also because of the failure of law to capture and accommodate individual realities, complexities, and varieties. There are many sites where individuals have reacted against dominant social views, perceptions, prescriptions, and propaganda. Some pursue activities, practices, and social arrangements which are illegal, disruptive, or unsanctioned - recent examples being Occupy Movements in light of the 2008 Financial Crisis; Hong Kong's Umbrella Revolution; Aboriginal blockades and Idle No More movements in Canada; homeless encampments; and polygamist communities. Such resistance has resulted in positive social change as well as socially sanctioned violence, persecution, and prosecution. Others suppress desires and needs, hide actions, or suffer in obscurity. The prevailing social approach, action, or reaction may create barriers, thereby excluding the rebels, disrupters, outcasts, abnormals, dissenters, immorals, and perverts from full participation in society.
TOPICS: The 2015 Osgoode Forum takes a wide, inclusive, view of Sex, Drugs, and Rock 'n Roll:- Sex includes: sex; gender; sex selection; sexual abuse; sexual harassment; sex and gender bias/equity, sexuality; gender; sexual practices; sexual orientation; sex trade; and reproductive rights.- Drugs include: illegal drugs; war on drugs; legalization, regulation, and decriminalization; religious or cultural uses; medicines; patenting; indigenous or traditional medicines; regulation of food and natural remedies; medical research funding; availability of life-saving drugs; and mandatory vaccinations.- Rock 'n Roll includes: Counter culture, subversion, and resistance; Performers, consumers, and property ownership; censorship; sponsorship; cultural appropriation; intellectual property rights - and many other sites that include, but are not limited to: territoriality; immigration; displacement; land claims; natural and economic resources; and social and ecological conservation.
If you would like to know how your paper fits into the conference topic, email a short description to glsa@osgoode.yorku.ca
As we celebrate the 125th anniversary of Osgoode Hall Law School, the 2015 Forum will focus on change and continuity in the law, and will examine how law is shaped by political, economic, and cultural forces. We invite participants to reflect on subversive sites in the law in the past, the present, and into the future though proposals for papers, presentations, panels, and other interventions (including art-based and performance contributions) from Master's and Doctoral students, artists, and activists.
Osgoode is committed to the promotion of interdisciplinary scholarship addressing the nature and function of law and legal institutions, and the impact of law in our changing world. We are eager to accept proposals from a range of disciplines intersecting with law, including: cultural studies, criminology, political science, health studies, gender studies, sociology, anthropology, history, psychology, and philosophy.
PAPER SUBMISSION PROCEDURE: Please submit your abstracts in English to glsa@osgoode.yorku.ca
Abstracts or proposals should be between 250-500 words in length, and should include:(i) your name,(ii) title of the paper,(iii) your organization or institution (if any), and(iv) a list of up to five keywords.
The abstract submission deadline is EXTENDED to the end of the day January 31, 2015.
Successful applicants will be notified by February 7, 2015.
Final papers (maximum of 15,000 words) OR Drafts (1,000-1,500 words) must be submitted by May 9, 2015, to allow for dissemination so that forum participants can engage with authors and provide authors with feedback and comments.

Information about the conference site, accommodations, conference fees, and programming will be provided before the abstract submission deadline at http://glsa.osgoode.yorku.ca
Catégories: Comparative Law News

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











WHAT: Anti-Democratic Ideology and Criminal Law under Fascist, National Socialist and Authoritarian Regimes, conference and call for papers
WHERE: Institute of Advanced Legal Studies, London
WHEN: 10th - 11th September 2015
Convenor: Dr Stephen Skinner, Centre for European Legal Studies, University of ExeterS.J.Skinner@exeter.ac.uk
Outline and Call for Papers
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. Although the primary focus is intended to be on Fascism, National Socialism and similar systems in Europe, proposals for papers adopting a comparative approach to criminal law under communism, or to experiences in other parts of the world, will also be considered. Key themes for discussion could include, but are not limited to:




1. Elements, expressions and manifestations of anti-democratic ideology in the sphere of such regimes’ criminal law, a theme that might also be approached by questioning the nature of democracy and its value matrix. Key issues could include how such regimes expressed opposition to the tenets of liberal and democratic orders by rejecting the values of the Enlightenment and the French Revolution, individualism and the Kantian formulation of human subjectivity, and equality and the centrality of rights; prioritising State paramountcy with regard to specific forms of threat or categories of enemy; and excluding liberal guarantees in the form of legal certainty and subjective responsibility.2. The role and influence of key institutional actors in these regimes’ politico-legal orders, and how they perceived, represented, shaped and interpreted criminal law and related ideology, in their own systems, and with regard to their opponents or to orders they admired or sought to imitate. This theme might also involve exploration of whether and if so how anti-democratic (re)formulations of criminal law affected legal doctrine and practice.3. Comparative and historiographical dimensions. This theme could address how these issues may be understood in intra-systemic perspective, that is in relation to the legal orders which preceded or succeeded the regime in question, or in inter-systemic perspective, that is in relation to contemporaneous democratic (or democratizing), authoritarian or other systems in other States. This may require engagement with questions of definition and terminology, sources and forms of law, and issues of temporal and contextual specificity.4. The deeper and wider significance and relevance of engaging with the nexus between anti-democratic ideology and criminal law. This theme could relate to the ongoing need to face, or work through, our histories of repression, the role of law, and their continuing impact, or residual influences, in specific systems; and/or it could involve a general concern with the construction and conservation of democracy today, by questioning its relationship with law, State powers to prohibit and punish, and the extent of differences from, and problematic connections with, democracy’s purported historical opponents.
After the conference and subject to strict criteria of quality and thematic cohesion, the aim is to publish selected papers in an edited, peer-reviewed collection with a leading publisher.
Key Information- Any questions about these themes, the suitability of a possible paper, or suggestions for specific panels may be directed by email to the conference convenor, Dr Stephen Skinner: S.J.Skinner@exeter.ac.uk.- Abstracts of 250 words should be submitted by email to Belinda.Crothers@sas.ac.ukno later than 7th April 2015. Abstracts must include your name, affiliation, email address and a brief note (no more than 2-3 lines) about your research interests and key relevant publications.- A draft programme will be announced as soon as possible after the abstract submission deadline, together with registration details.- The standard registration fees for a two-day conference at the IALS are £70 concessionary rate, including speakers and panel chairs; £120 for other participants. Travel and accommodation are not included
Catégories: Comparative Law News

BOOK:


Luigi Lacché, <No Juzgueis>. Antropologìa de la justicia e imàgenes de la opiniòn pùblica entre los siglos XIX y XX


Catégories: Comparative Law News

BOOK: "Der eklektizistische Kanon. Auf der Suche nach einer “Tiefenschicht” der italienischen Rechtskultur des 19. Jahrhunderts", by Luigi Lacché (Berlin, 2014)



Luigi Lacché, Der eklektizistische Kanon. Auf der Suche nach einer “Tiefenschicht” der italienischen Rechtskultur des 19. Jahrhunderts, mit einer Einleitung von Hans Schlosser, Berlin, Lit, 2014, pp. 94, ISBN 978-3-643-12770-9This book is the German translation of the original work “Il canone eclettico. Alla ricerca di uno strato profondo della cultura giuridica italiana dell’Ottocento”. It wants to innovate the interpretation of the Italian Legal Culture during the Nineteenth Century. The book aims to show that to understand the Italian Legal Culture (the ‘Italian style’) in its contemporary development we need another point of view characterized by the strong presence of a deeper layer. I refer to the concept of “eclectic canon” containing a series of figures, arguments and issues. The heart of the eclectic canon is represented by two key authors: Giambattista Vico and Gian Domenico Romagnosi.Luigi Lacché ist Professor fur Rechtsgeschjchte an der juristischen Fakultat der Universitat Macerata und zur Zeit Reltor der Universitat.Hans Schlosser war bis zu seiner Emeritierung Prof. fur Burgerliches Recht und Rechtgeschichte an der Juristischen Fakultat der Universitat Augsburg.




Catégories: Comparative Law News

JOURNAL: Journal of Constitutional History- Giornale di Storia Costituzionale (n. 28, 2/2014)


Le pouvoir exécutif en France (Révolution/Vème République) /The Executive Power in France (Revolution/Fifth Republic)
Table of contents and abstracts






Catégories: Comparative Law News

CALL FOR COOPERATION: Appel comme d'abus ('appeal as from abuse') (aca.hypotheses.org)

(the Le Bret family, members of the Aix en Provence parliament, portrayed by Rigaud; source: vikidia.org
Dr. Anne Bozon (Université Paris-VIII, MCF Early Modern History) and Dr. Caroline Galland (Université Paris X Nanterre, MCF Early Modern History) launch an open appeal for cooperation on the theme Appel comme d'abus, an early modern procedural mean for the King of France's sovereign courts to establish his jurisdiction in cases treated by ecclesiastical judges.

The platform text reads as follows (source: aca.hypotheses.org):
 L’inégalité d’accès aux droits est constitutive de la société française d’Ancien Régime, dont tout le fonctionnement est fondé sur le privilège. Dans le domaine judiciaire, cette inégalité se traduit par la pluralité des instances de répression, de régulation sociale et de résolution des conflits : les Parlements coexistent non seulement avec d’autres tribunaux de niveau inférieur, mais aussi avec des justices seigneuriales et ecclésiastiques. Ordre privilégié par excellence, le clergé dispose d’un pouvoir de juridiction et possède ses propres tribunaux, les officialités, lesquelles ont compétence dans les affaires de discipline ecclésiastique, ainsi que dans les matières qui relèvent du spirituel : mariages, testaments, vœux de religion, office divin, etc. L’appel comme d’abus, apparu dans les derniers siècles du Moyen Âge, est un moyen d’utiliser le pluralisme juridique pour remettre en cause une décision émanant d’une officialité ou d’une instance ecclésiastique, et la porter devant les tribunaux royaux. Dans un certain nombre de cas (violation des lois, atteintes aux libertés de l’Église gallicane, incompétence de l’official), les Parlements sont amenés à reconnaître l’abus dans les causes portées devant eux, et à renvoyer l’affaire devant un juge compétent pour un nouveau procès. Cela suppose un travail de définition, de délimitation et d’élucidation. L’appel comme d’abus est traditionnellement présenté comme un procédé utilisé par la monarchie pour affirmer son autorité à l’encontre des justices ecclésiastiques, qui perdent nombre de leurs attributions entre le XVe et le XVIIIe siècle. Son étude recoupe donc celle des relations entre l’Église et l’État, et plus particulièrement la question du gallicanisme. Mais un examen plus approfondi des affaires dans lesquelles il est utilisé montrent que l’appel comme d’abus fonctionne de manière plus subtile et complexe, et qu’il met en jeu les relations d’autorité à l’intérieur même du clergé. Au-delà de l’étude des fondements théoriques, des origines et du fonctionnement de cet appel, il est nécessaire de mettre en évidence les enjeux historiques multiples que son utilisation soulève. Observer les circonstances et le fonctionnement du recours à cet appel devrait permettre de mieux comprendre le travail quotidien des légistes, le fonctionnement du privilège, la définition même de l’abus, et toutes les difficultés qui peuvent naître de la coexistence entre plusieurs systèmes juridiques.
Catégories: Comparative Law News

LAUNCHES: Juris Diversitas Books/LLM in Jersey Law

Juris Diversitas - mar, 01/13/2015 - 10:08

LAUNCHES: Juris Diversitas Books and LLM in Jersey Law
The Institute of Law Jersey (Law House, St Helier) will be hosting several launches on 22 January 2015.
The launches include the first two volumes of our series with Ashgate:

The editors of the former will briefly launch the book. The latter will receive special emphasis in Jersey’s mixed legal system. All of the editors will be present to discuss the subject. 
The launches are graciously hosted by the Institute’s Director (David Marrani) and Chairman (Senator Sir Philip Bailhache). Indeed, the Institute will also launch its first LLM, focusing on Jersey Law.
A reception will follow.
For details please contact the Institute manager@lawinstitute.ac.je.
Note, finally, that our third volume, also on mixed systems, has recently been published:
Catégories: Comparative Law News

CALL FOR PAPERS: The State and/of Comparative Law

Juris Diversitas - lun, 01/12/2015 - 15:35
CALL FOR PAPERS
JURIS DIVERSITASANNUAL CONFERENCE  2-4 June 2015School of Law, University of LimerickLimerick, IrelandTHE STATE AND/OF COMPARATIVE LAW
[Note that the Irish Society of Comparative Law annual conferences will be held in Limerick immediately afterwards. Its theme is ‘Comparative Law: From Antiquity to Modernity’ and the same proposal may be submitted for both conferences. See here.]

While any proposal on comparative law (broadly conceived) will be considered, the conference’s primary theme is the relationship between social and legal norms and social and legal institutions. In memory of Roderick A Macdonald (1948-2014) and H Patrick Glenn (1940-2014), both former members of our Advisory Council, particular attention will be given to the diverse themes of their scholarship: for example, ‘common laws’, ‘constitutive polyjurality’, ‘critical legal pluralism’, ‘everyday law’, and ‘legal cosmopolitanism’.
As with our past conferences, proposals on a wide variety of topics will be accepted: comparative jurisprudence and legislation, legal philosophy, legal education, law reform, etc. Presentations may be theoretical analyses or case studies on the past or present, North or South, East or West ….
Panel proposals and interdisciplinary presentations are strongly encouraged, as is the participation of doctoral students and scholars from outside of the discipline of law. While parallel sessions of three twenty-minute presentations will be used, we welcome more original session structures.
Proposals should be in English or French. Proposals of c250 words (or 1000 words for panel proposals) should be submitted to Olivier Moréteau at moreteau@lsu.edu by 15 January 2015, with a short biography or resume (c250 words). Please send Word documents only, with minimal formatting.
Registration fees are €200 (€125 for Juris Diversitas members paid up for 2015). Membership and fee payment information is available on the Juris Diversitas Blog (http://jurisdiversitas.blogspot.ie/). Note that fees don’t cover travel, accommodation, or the conference dinner (€50).
Catégories: Comparative Law News

CONFERENCE: "Globalization & the Law in Historical Perspective" (Bloomington, June 4-5, 2015)

WHAT: Globalization & the Law in Historical Perspective
WHERE: Maurer School of Law, Indiana University – Bloomington
WHEN: June 4-5, 2015
In recent years, there has been an explosion of new scholarship on the legal history of globalization. This rapidly growing body of literature has encompassed diverse topics, including international social movements, the transnational flow of capital, human rights, diplomacy, and border control. However, as historians have demonstrated, globalization is not a new phenomenon. We invite junior scholars to submit proposals that offer fresh understandings on the historical relationships between law, legal institutions, and globalization. Our intention is to host a conference with a wide range of papers chronologically, geographically, and across disciplines. The conference, part of a series begun in 2007, will provide junior scholars with a forum to showcase their previously unpublished work and to connect with senior scholars in the field. The "Globalization & the Law in Historical Perspective" conference is sponsored by the Indiana University Maurer School of Law, Indiana University Department of History, University of Illinois College of Law, University of Michigan Law School, University of Minnesota Law School, University of Pennsylvania Law School, and American Society for Legal History. Interested participants should submit a 300-word abstract and their cv to Bridget Gross (bregross@indiana.edu). Please place "Legal History Conference" in the subject line of your e-mail submission. The deadline for all proposals is Monday, February 16, 2015. Applicants will be notified by email no later than Monday, March 30th. Accepted participants will be required to submit their final papers by May 10, 2015. Papers should not exceed 10,000 words, will be pre-circulated on a password protected website, and read by all conference participants. Conference organizers will provide modest support for presenters' travel to Bloomington, Indiana and lodging during the conference
Catégories: Comparative Law News

BOOK: "Property in East Central Europe: Notions, Institutions, and Practices of Landownership in the Twentieth Century", edited by Hannes Siegrist and Dietmar Müller

Property in East Central Europe: Notions, Institutions, and Practices of Landownership in the Twentieth Century, edited by Hannes Siegrist (University of Leipzig) and Dietmar Müller (University of Leipzig)
All information here
Property is a complex phenomenon comprising cultural, social, and legal rules. During the twentieth century, property rights in land suffered massive interference in Central and Eastern Europe. The promise of universal and formally equal rights of land ownership, ensuring predictability of social processes and individual autonomy, was largely not fulfilled. The national appropriation of property in the interwar period and the communist era represent an onerous legacy for the postcommunist (re)construction of a liberal-individualist property regime. However, as the scholars in this collection show, after the demise of communism in Eastern Europe property is again a major factor in shaping individual identity and in providing the political order and culture with a foundational institution. This volume analyzes both historical and contemporary forms of land ownership in Poland, Romania, and Yugoslavia in a multidisciplinary framework including economic history, legal and political studies, and social anthropology.
Table of Contents:


Introduction: Property in East Central Europe: Notions, Institutions and Practices of Landownership in the Twentieth Century
Hannes Siegrist and Dietmar MüllerPART I: ECONOMIC HISTORYChapter 1. The Changing Landscape of Property: Landownership and Modernization in Poland in the Nineteenth and Twentieth Centuries
Jacek KochanowiczChapter 2. Agriculture and Landownership in the Economic History of Twentieth-century Romania
Bogdan MurgescuPART II: PROPERTY BETWEEN LAW AND POLITICS
Chapter 3. Property in the East Central European Legal Culture
Herbert KüpperChapter 4. The Habsburg Cadastral Registration System in the Context of Modernization
Kurt ScharrChapter 5. Property between Delimitation and Nationalization: The Notion, Institutions and Practices of Land Proprietorship in Romania, Yugoslavia and Poland, 1918–1948
Dietmar MüllerChapter 6. Frontline Soldiers into Farmers: Military Colonization in Poland after World War I and World War II
Christhardt HenschelChapter 7. The Country Road to Revolution: Transforming Individual Peasant Property into Socialist Property in Yugoslavia, 1945–1953
Jovica LukovićPART III: PRACTICES AND MENTALITIES OF LANDOWNERSHIPChapter 8. Homeland as Property: Symbolic Ownership and the Local Heritage of the Past in Lemkowyna and the Ukraine
Jacek NowakChapter 9. Landownership in Practice: The Case of the Local Community of Naramice in Central Poland
Paweł KlintChapter 10. Property and Agricultural Policy in Twentieth-century Romania: Intentions, Technical Means and Social Realities
Cornel Micu
Chapter 11. Owning Land in Central Serbia: Contemporary Notions and Practices: The Case of Mrčajevci
Srđan MiloševićChapter 12. The Practices of Land Ownership in Vojvodina: The Case of Aradac
Jovana Diković
Catégories: Comparative Law News

ARTICLE: Thomas J. McSweeney's "The King's Courts and the King's Soul: Pardoning as Almsgiving in Medieval England" (2014)

Thomas J. McSweeney, William & Mary Law School, has posted The King's Courts and the King's Soul: Pardoning as Almsgiving in Medieval England, which will appear in "Law's Dominion: Medieval Studies for Paul Hyams," a special issue of Reading Medieval Studies 40 (2014): 159.  
Full text here
Abstract
This paper examines the workings of the English royal courts in the thirteenth century through one of their practices — pardoning — and argues that the king and his officials could see courts not just as venues for justice, but also as institutions through which the king could see to the health of his own soul. The royal courts and royal administration of the thirteenth century used the power to pardon to relieve people of many legal penalties, from amercements (what we would today call fines) to the death penalty in felony cases. Scholars who have studied these pardons have tended to use the medieval sources to try to find the rules of pardoning. They have assumed that pardoning followed some kind of legal logic, and that pardons were given to the worthy. Amercement pardons were given to those who could not afford to pay and felony pardons were given to those who were not culpable. This paper looks at pardons that cannot be explained according to this legal logic. It looks at the many pardons explicitly made “for the sake of the king’s soul,” many of which have nothing to do with the killer’s culpability or the amerced party’s ability to pay, and argues that they operated according to a different logic: the logic of alms. Pardons were granted or denied based on their ability to salve the king’s soul, leading to results that appear to be anomalous to us today — such as a blanket pardon for most felons that excluded Jews — but which would have appeared to be logical to people who were accustomed to view the courts not solely as agents of justice, but as extensions of the king’s person.
Catégories: Comparative Law News

ARTICLE: Simon Stern's "Towards a Pre-History of the Public Domain: Copyright Law and its Limits in Eighteenth-Century England" (2014)

Simon Stern, University of Toronto Faculty of Law, on Towards a Pre-History of the Public Domain: Copyright Law and its Limits in Eighteenth-Century England, forthcoming in the Oxford Literature Handbooks series.  


Full text here
Abstract
The advent of statutory copyright in eighteenth-century England raised questions about ensuring access to the materials that writers need to produce new books. The public domain did not spring into being as the obverse of the rights afforded by the Act of Anne (1710), nor was it created by nineteenth-century doctrines such as fair use; rather, it developed out of practices and assumptions predating the Act of Anne, and others that emerged in the statute’s wake. To explore these ideas, the essay considers booksellers’ and authors’ conceptions of copyright as property, the metaphors proposed by advocates of anti-piracy measures, arguments about copyright’s duration and its basis in the common law, and analogies between copyright and patent law during this period. Finally, the essay discusses the booksellers’ strategic litigation in the equity courts, where pleading could rely on imaginative premises that, in some respects, rival those of contemporaneous novelists.
Catégories: Comparative Law News

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