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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

CFP: Law and Legal Cultures at GSA (Washington, DC, October 1-4, 2015)



WHAT: the German Studies Association's Thirty-Ninth Annual Conference
WHERE:  Washington, DC
WHEN: October 1-4, 2015
All information here

Organizers: 
Professor Sace Elder, Department of History, Eastern Illinois University (seelder(at)eiu.edu)Professor Todd Herzog, Department of German Studies, University of Cincinnati (Todd.Herzog(at)uc.edu)


The Law and Legal Cultures Network of the German Studies Association seeks to foster an extended interdisciplinary conversation on the law. We construe law and legal cultures broadly to mean the creation, administration, or use of law of any type (commercial, property, family, criminal, etc.); the ways in which laws function within society; the failure of law to fulfill its basic social purposes (for example, under the National Socialist regime); the use of law to either sustain or overcome any type of social inequality or injustice; and cultural studies of law and justice.


All periods of German and Central European history are welcome, as are papers in English or German. We encourage submission of individual papers as well as entire panels. While the GSA prefers complete panels, we hope to combine papers sent to us into complete panels and send them along to the GSA organizers.


Please submit a 250 word abstract and a brief CV by January 20, 2015 to the network’s email address: gsa.law.culture@gmail.com. Interested presenters are encouraged to contact the organizers with any questions.


Note:  One must be a member of the GSA by February 16, 2015 to submit a proposal for the annual conference. All applicants to the Network series will be notified in advance of this deadline of the status of their proposals to the Network.
Catégories: Comparative Law News

BOOK: "Sovereignty, Property and Empire, 1500–2000", by Andrew Fitzmaurice


Andrew Fitzmaurice, Sovereignty, Property and Empire, 1500–2000

This book analyses the laws that shaped modern European empires from medieval times to the twentieth century. Its geographical scope is global, including the Americas, Europe, Africa, Asia, Australia and the Poles. Andrew Fitzmaurice focuses upon the use of the law of occupation to justify and critique the appropriation of territory. He examines both discussions of occupation by theologians, philosophers and jurists, as well as its application by colonial publicists and settlers themselves. Beginning with the medieval revival of Roman law, this study reveals the evolution of arguments concerning the right to occupy through the School of Salamanca, the foundation of American colonies, seventeenth-century natural law theories, Enlightenment philosophers, eighteenth-century American colonies and the new American republic, writings of nineteenth-century jurists, debates over the carve up of Africa, twentieth-century discussions of the status of Polar territories, and the period of decolonisation.
Contents:1. Introduction
2. Occupation from Roman law to Salamanca
3. The Salamanca School in England
4. Occupation and convention
5. Theories of occupation in the eighteenth century
6. The Seven Years' War, land speculation and the American Revolution
7. Occupation in the nineteenth century
8. Res nullius and sovereignty
9. Territorium nullius and Africa
10. Terra nullius and the Polar regions
11. Conclusion
Bibliography
Catégories: Comparative Law News

SEMINAR: Washington History Seminar (January-May 2015)


WHAT: Washington History Seminar
WHERE: Woodrow Wilson Center, 6th Floor Moynihan Board Room, Ronald Reagan Building, Federal Triangle Metro Stop
WHEN: January-May 2015, Mondays at 4:00 pm

The Washington History Seminar has quite a lineup for spring 2015. “The seminar is sponsored jointly by the National History Center of the American Historical Association and the Wilson Center.”  It meets Mondays at 4:00 p.m. in the Woodrow Wilson Center, 6th Floor Moynihan Board Room, Ronald Reagan Building, Federal Triangle Metro Stop.  The “schedule, speakers, topics, and dates as well as webcasts and podcasts” are here. “The seminar thanks the Society for Historians of American Foreign Relations for its support.”

January 12: Robyn Muncy (University of Maryland), on Relentless Reformer: Josephine Roche and the Persistence of Progressivism in Twentieth-Century America

January 19: No seminar (Martin Luther King Day)

January 26: Kathy Peiss (University of Pennsylvania), on Bookmen at War: Libraries, Intelligence, and Cultural Policy in World War II

February 2: Pawel Machcewicz (Museum of the Second World War, Gdansk) on Poland's War on Radio Free Europe

February 9: Charles Neu (Brown University) on Colonel House: A Biography of Woodrow Wilson's Silent Partner

February 16: No seminar (President's Day)

February 23: Bat Sparrow (University of Texas) on The Strategist: Brent Scowcroft and the Call of National Security

March 2:  Heather Cox Richardson (Boston College) on To Make Men Free: A History of the Republican Party

March 9: Carol Anderson (Emory University) on Bourgeois Radicals: The NAACP and the Struggle for Colonial Liberation

March 16: William LeoGrande (American University) and Peter Kornbluh (National 
Security Archive) on Back Channel to Cuba: The Hidden History of Negotiations between Washington and Havana

March 23: Martha Hodes (NYU) on Mourning Lincoln
Report from the Field: Sharita Thompson on the Hill's Center Emancipation Day program

March 30: Bruce Kuklick (University of Pennsylvania) on Death in the Congo: Murdering Patrice Lumumba 

April 6: No seminar (Passover)

April 13: Christopher Darnton (Catholic University) on Rivalry and Alliance Politics in Cold War Latin America

April 20: David Armitage (Harvard University) and Jo Guldi (Brown University), panel discussion ofThe History Manifesto, with John McNeill (Georgetown University) and Rosemarie Zagarri (George Mason University) 

April 27: Sulmaan Khan (Tufts University) on Muslim, Trader, Nomad, Spy: China's Cold War and the People of the Tibetan Borderlands

May 4:  Doug Rossinow (Metropolitan State University) on The Reagan Era: A History of the 1980s  
May 11: James Loeffler (University of Virginia) on The Sovereignty of a Higher Law?: Global Antisemitism and Jewish Politics in the 1960s

May 18: Kate Brown (University of Maryland Baltimore County) on Plutopia: Nuclear Families, Atomic Cities, and the Great Soviet and American Plutonium Disasters
Catégories: Comparative Law News

BOOK: "Origine e sviluppo degli ordinamenti giusprivatistici moderni in base alla tradizione del diritto romano", by Gabor Hamza


Origine e sviluppo degli ordinamenti giusprivatistici moderni in base alla tradizione del diritto romano, by Gabor Hamza
Catégories: Comparative Law News

REVIEW: Law and Communication (St. Petersburg, 11-12 December 2014)


Review by Dmitry Poldnikov (Moscow)

International conference: "Law and Communication" (St. Petersburg, 11-12 December 2014)The international conference "Law and Communication" was organized at St. Petersburg State University, Faculty of Law, to honour the 60th anniversary of professor Andrey Polyakov, the leading protagonist of the "law-as-communication" legal theory in Russia. This occasion attracted over 70 reporters (theoreticians of law, philosophers, practitioners) who collaborate with professor Polyakov and share his approach to study law.Russian scholars came not only from St. Petersburg and Moscow, but also from Kaliningrad, Krasnoyarsk, Nizhny Novgorod, Saratov, Tambov, Tomsk, Volgograd, Vladivostok. Foreign colleagues represented Belarus, Belgium, Estonia, France, Germany, Italy, Poland, Ukraine, and USA.Russian key-note presentations were made by Mikhail Antonov (St. Petersburg), Ilya Chestnov (St. Petersburg), Valentina Lapayeva (Moscow), Valery Lasarev (Moscow), Jenevra Lukovskaya (St. Petersburg), Leonid Mamut (Moscow), Vladimir Syrykh (Moscow), Elena Timoshina (St. Petersburg).Among the renowned foreign participants were Wilfried Bergmann (Petersburger Dialog e.V.), Edoardo Fittipaldi (Milan), Werner Krawietz (Münster), Norbert Rouland (Aix-Marseille), William Simons (Leiden, Trento, Tartu), Mark Van Hoecke (Gent), Csaba Varga (Budapest).Despite a variety of topics, most participants of the conference found their crossing points in the subject-centred perspective and the plurality of approaches to study the complex phenomenon of law in the period of post-modernity. The main ideas of the key-note presentations have been already developed and published in the two-volume "Festschrift" for professor Andrey Polyakov (Alef-Press, 2014, in Russian).The main reason for a legal historian to participate at the conference (and to write a review thereof) is to foster the dialogue between legal history and legal theory in the methodological field. One of the major claims of Andrey Polyakov (and the St. Petersburg school of legal theoreticians, which goes back to Leon Petrazycki) is that law, in all its complexity, is basically a way of communication between human beings. This communication is based on the psychological interpretation of legal texts which leads to social interaction through claims, duties and liabilities. One can find similar perspective on law in Van Hoecke’s «Law as Communication» (2002) published almost simultaneously with Polyakov’s habilitation thesis (2001). Both professors underline the importance of communication or interaction between the subjects to create, develop and legitimate the law. This ontological perspective on law justifies the need for "multi-level approach" (Krawietz) to study and to uncover the "unsolvable enigma of law" (Chestnov).Legal historians could also benefit from these methodological tenets, especially when dealing with the medieval disputes among creators and practitioners of the learned law (ius commune). Yet, legal theoreticians still underestimate the importance of this heritage. Apparently due to insufficient knowledge of history. For example, in Russian translation (2012) of Van Hoecke’s "Law as Communication" (2002) medieval learned law was called "primarily a matter of power" (instead of "authority", as in the English original). Although Van Hoecke’s own claim that "Legal science was also a matter of authority, not of rational consensus" (p.6) is also debatable. Most researchers of the medieval learned law would agree that it was based on both authority and reason (ratio), as Renoux-Zagamé put it.Hopefully, the "law-as-communication" theory would encourage interdisciplinary communication to justify circulation of a saying: «historicus iuris sine philosopho iuris parum valet, philosophus iuris sine historico iuris nihil».
Conference web-page: http://law.spbu.ru/Science/SemConf.aspx#konf121214 (in Russian)

Catégories: Comparative Law News

NOTICE: Call for conference reports

Call for conference reports
The European Society for Comparative Legal History invites all members interested in diffusing reports on conferences they attended through its blog (http://eschl.blogspot.com). The ESCLH blog has acquired the status of standard news and communication channel for legal historians (including researchers from various connected disciplines). The present call aims to further exploit the communication possibilities of the medium, emphasizing the fast publication of conference reports. We gladly accept summaries or more extensive comments on scientific events (conferences, colloquia, workshops) taking place all over the globe, related to comparative legal history. New blog entries should be in English, and will contain a short presentation of the authors. Although there is no formal word limit, we advise prospective authors to limit themselves to about 1 000 words. Conference reports will be treated and presented as expressing solely the opinions of their author.
Proposals can be mailed to Flavia Mancini (Webmaster; esclhblog@gmail.com; manciniflavia@hotmail.it) or Frederik Dhondt (Frederik.Dhondt@UGent.be).
Catégories: Comparative Law News

BOOK (Forthcoming): Husa's New Introduction to Comparative Law

Juris Diversitas - mar, 01/06/2015 - 06:22
Coming later this year (July 2015):

A New Introduction to Comparative LawJaakko Husa
  This thought provoking introduction to the study of comparative law provides in-depth analyses of all major comparative methodologies and theories and serves as a common sense guide to the study of foreign legal systems. It is written in a lively and accessible style and will prove indispensable reading to advanced students of the subject. It also contains much that will be of interest to comparative law scholars, offering novel insights into commonplace methodological and theoretical questions and making a significant contribution to the field.

"Professor Jaakko Husa is one of the very few people who is able to act as a reliable guide in the vigorous debates in comparative legal scholarship. In this volume he provides the legal scholar with a sensible and sensitive overview of the schools, themes, problems and challenges when 'doing' comparative law. He objectively examines the themes and problems in comparative law in a way that both elevates the scholarly debate and provides an illuminating introduction for beginners. We should be very grateful to him for that!"
Maurice Adams, Full Professor of Law at Tilburg University.

"Jaakko Husa's new book presents a major contribution to modern comparative law. It benefits from the author's profound knowledge in matters of comparative law, both in terms of the method of comparison and examples from many parts of the world. The book also has a strong didactic element: it is the best one on the market that explains core discussions to aspiring comparative lawyers. An important innovation is that it firmly puts the concept of legal culture to the centre of a comparative law textbook. It is to be applauded that this is done in a diplomatic way, not trying to impose a particular position but rather to convince the readers that the author's approach is a beneficial way forward. This book will certainly be well received by both students and scholars."
Mathias Siems, Professor of Commercial Law at Durham University.

"Jaakko Husa’s new book provides a delightful and fresh approach to the comparative study of law. Written by one of the world’s leading comparatists, Husa shows the way to how to do meaningful and stimulating comparative legal work. A must-read for any legal academic."
Jan Smits, Chair of European Private Law, Maastricht University
Catégories: Comparative Law News

CALL FOR APPLICATION: French speaking international legal expert trainer

Juris Diversitas - lun, 01/05/2015 - 08:26
The Central African Regional Program for Justice (AJC), administered by the American Bar Association Rule of Law Initiative (ABA ROLI), is organizing a regional workshop in Bujumbura, Burundi entitled “Economic Development and Justice” on 26 and 27 January 2015. The workshop will focus on capacity building on legal mechanisms, Promotion of Investments, and Comparative Law on International Arbitration, as an alternative method of resolving commercial disputes.
In order to deliver this training, ABA ROLI is seeking the services of a French speaking, international legal expert trainer to develop introductory presentations and conduct training sessions for thirty participants and serve as the trainer/facilitator for this workshop. Click on the following links for Terms of Reference in English, and French that includes application instructions. The deadline for applications is 7 January 2015. Applications should be sent to Jean Lavoie (jean.lavoie@abaroli.org and jhlavoie@hotmail.com) Please also cc: Khalil.Ali@americanbar.org.
Catégories: Comparative Law News

CALL FOR PAPERS: IUAES Inter-Congress 2015

Juris Diversitas - lun, 01/05/2015 - 08:14
IUAES (International Union of Anthropological and Ethological Sciences) has just published a call for papers for its annual conference in Bangkok.  You can find here the full text of the call. The deadline is on February 15th 2015.
Catégories: Comparative Law News

JURIS DIVERSTIAS: President's Message 2014

Juris Diversitas - mar, 12/30/2014 - 12:23
All, 
I hope this finds each of you well.
I write on behalf of the Juris Diversitas Committee (me, OlivierIgnazioSalvatoreLukas, and Christa) with an update on our activities. My apologies for the length of this message. It's been another busy year. 
We have many new members and our Annual Conference, held at Aix-Marseille University (France) in July, was a great success. I’m especially thankful for the work of Olivier and the local organisers. In addition to other events being planned for the new year, our 2015 Conference will be held here in Limerick (immediately before the Irish Society of Comparative Law Conference). I hope that many of you can make it.
Note that the conference themes include, but aren’t limited to, the work of Rod Macdonald and Patrick Glenn, both of whom we lost this year. While their loss is significant for us-they were inaugural members of our Advisory Council-it was far greater for McGill and for the families and friends of these two gentlemen. We’re grateful for their past help and the ongoing assistance of all of the members of the Council.
Our Blog and Facebook and Twitter pages have remained active throughout the year. Changes in 2015 should make them still more useful and, perhaps, participatory. I want to thank all of those who’ve helped with these sites. For the past few months, Antonio Zuccaro has been leading the Blog (with the assistance of Paola Aurucci, Erin Branigan, Irina Moutaye, and me). Paola has also agreed to take the lead on the Facebook page; a volunteer for the Twitter page would be much appreciated as I have to step away from it.
We’re especially proud that 2014 saw the first titles from our Book Series with Ashgate Publishing (we're also a Publishing Partner). The series currently includes:
·         Seán Patrick Donlan and Lukas Heckerdon-Ursheler (eds), Concepts of Law: Comparative, Jurisprudential, and Social Science Perspectives ·         Sue Farran, Esin Örücü, and Seán Patrick Donlan (eds), A Study of Mixed Legal Systems: Endangered, Entrenched, or Blend·         Vernon Palmer, Mohamed Y Mattar, and Anna Koppel (eds), Mixed Legal Systems, East and West
Information on launches will follow soon. Among other titles, the following are due in 2015:
·         Shauna van Praagh and Helge Deldek (eds), Stateless Law: Evolving Boundaries of a Discipline·         Daniela Berti, Anthony Good, and Gilles Tarabout (eds), Of Doubt and Proof: Ritual and Legal Practices of Judgment·         Sue Farran, James Gallen, Jennifer Hendry, and Christa Rautenbach (eds), The Diffusion of Law: The Movement of Laws and Norms around the World  I'm personally delighted, too, that 2014 also saw the addition of Julian Sidoli del Ceno as a Series Editor. Let him know if you've an idea.
In addition to book discounts from various publishers, some members are also entitled to free volumes for 2013 (Concepts of Law) and 2014 (A Study of Mixed Legal Systems). While providing these has taken much longer than we intended, we’re working on it and hope to have the books for you soon. I apologise for the delay.
Finally, I’ve decided, after much soul-searching, to step down from the presidency at the June Conference. I’m proud of what I’ve given to the Society, but I'm convinced that it would benefit from new leadership. For better or worse, I’m not going away completely, but will seek an appropriate advisory role. You’ll receive more information on this change in the months ahead. 
I continue to believe passionately in the work that we've done. To further that work, it's very important that we receive your support, through your membership fees, participation in our activities, and help in spreading the word about us. As always, we welcome your thoughts and your assistance.
I hope to see many of you soon. Best wishes for the new year.
Seán
Catégories: Comparative Law News

REMINDER - CALL FOR PAPERS: Juris Diversitas Annual Conference (Limerick, Ireland - 2-4 June 2015)

Juris Diversitas - mar, 12/30/2014 - 10:17
CALL FOR PAPERSJURIS 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

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