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Comparative Law News

BOOK (with Discount): Bradley, Travers and Whelan (eds), Of Courts and Constitutions: Liber Amicorum in Honour of Nial Fennelly

Juris Diversitas - lun, 2014-05-05 06:42
Hart has published Kieran Bradley, Noel Travers and Anthony Whelan (eds), Of Courts and Constitutions: Liber Amicorum in Honour of Nial Fennelly:

The overall theme of the book is the relationship between European Union law and national law, and the role of courts in defining that relationship. The book consists of four main parts - the structure and functioning of the European Court of Justice, material issues of European Union law, aspects of Irish law and transversal issues of national and European law. The contributors are all past and present members of the European bench, members or former members of the Irish judiciary or Bar and/or experts in European Union law, many of whom have worked with Mr Justice Fennelly during his long and distinguished career at the Bar and on the bench.
Note, as always, our reader discount.
Catégories: Comparative Law News

ARTICLE/BOOK: Dubber and Hörnle on Mens Rea and Comparative Criminal Law

Juris Diversitas - lun, 2014-05-05 06:33
Mens Rea: A Comparative Approach’, an excerpt from Markus D Dubber and Tatjana Hörnle, Criminal Law: A Comparative Approach (OUP 2014) is on SSRN.
Catégories: Comparative Law News

CALL FOR PAPERS: IIJSL/RISJ Special Issue - Marginalised Bodies (Re)imagining the Law

Juris Diversitas - lun, 2014-05-05 06:23
When the law regulates, it also marginalises. Indigenous people, the GLBTI community, women, children, the homeless and others are all victimised by the force of this regulation. For many people belonging to these communities, the law has left them with a sense of abandonment – the law does not recognise the realities that they live out on a day to day basis. In so doing, sites of contest are opened up in which marginalised bodies attempt to challenge law makers and law enforcers. Semiotics allows us useful methods for exploring these interactions. For instance, the signs of both groups (literal and metaphorical), the language employed by groups (how they complement and contrast each other in differing legal and social realities) and acts deterrence and defiance are all possible areas of inquiry. This issue draws attention to the many different ways marginalised groups attempt to redress or ‘(re)imagine’ the law. This special issue for the International Journal for the Semiotics of Law invites high quality contributions from scholars of all disciplines that undertake rhetorical, hermeneutic, sociolinguistic, discourse, aesthetic or semiotic analyses of the law and marginalised and/or disadvantaged groups. Of particular interest are papers discussing indigenous rights, homeless rights, rights of women and children rights, GLBTI rights, refugee and asylum seeker rights and the intersections between law and philosophy, visual arts, music, poetry and literature. Submissions to be made in English only.

Guest Editor: Ben Hightower (Legal Intersections Research Centre, University of Wollongong, Australia) Submissions: send paper proposal (max. 400 words) by *15 July 2014* to bh45@uowmail.edu.au Selection: selected authors will be invited by 15 August 2014 to submit a full paper Final submissions: papers (max. 9,000 words) to be sent by 15 March 2015 for double-blind peer review

Publication: it is anticipated that papers will be published in Volume 28/4 of the IJSL (December 2015) 
Catégories: Comparative Law News

JOURNAL/SYMPOSIUM: The German Law Journal (New) and Privacy and Power - A Transatlantic Dialogue in the Shadow of the NSA

Juris Diversitas - lun, 2014-05-05 06:22
The editors of the German Law Journal have written the following:
This is the third issue in volume fifteen. After kicking-off 2014 with two special issues [Plea Bargains in Germanyand OMT Decision of the BVerfG], we return in this issue to our regular “coverage of developments in German, European and International Jurisprudence.” For the most part this rich selection of articles and commentary came to us as unsolicited submissions that were selected for publication after the Editorial Board’s rigorous review.
It is a challenging, invigorating and illuminating slate of contributions.

Francesco de Ceccoconsiders the relationship between the European Union’s fundamental freedoms and fundamental rights. In a related contribution, Sarah Lambrecht offers valued insight into the ongoing negotiation between the Strasbourg system and the push to replace the Human Rights Act with a Bill of Rights in the UK. Danny Nicol’s article is well-matched with Lambrecht’s. He examines “political herding” in the UK. This, according to Nicol, is one of the social-psychological forces that drive the kind of constitutional change that Lambrecht documents. Anne-Marie Zell’s article brings this issue’s effort back to the tension between EU law and domestic rights. She explores the sensationally relevant theme of data protection in the European and German regimes. Two book reviews and an ECJ case-note fill-out this issue’s “developments” section.
As ever, we hope you will enjoy reading this collection and that it will inspire you to offer the German Law Journal your work for publication. Submit special issue proposals, articles, commentary, case-notes, reviews and reports at: GLJ-Submit@wlu.edu. The Journalenjoys a wide readership around the world and continues to demonstrate its ability to stir debate and impact developments in the law with an impressive “impact factor” score and the citations it attracts. We congratulate Vestert Borger, for example, whose article “The ESM and the European Court’s Predicament in Pringle” (14 German Law Journal 113 (2013)) was cited by the Federal Constitutional Court in its January OMT Decision (para. 85).
Let us once again draw your attention to the Call-for-Papers “Europe and the Lost Generation.” We hope to attract a compelling mix of commentary and reflection on the enduring effects—especially for the project of European integration—of the economic hardship unleashed by the last several years of monetary and debt crises in Europe. The deadline for submissions has been extended to 15 June 2014.

We are also pleased to announce, in conjunction with the Centre for Security and Societyat the University of Freiburg, plans for a two-day symposium under the title “Privacy and Power: A Transatlantic Dialogue in the Shadow of the NSA.” The event will be held in Freiburg on 8-9 July 2014 and will feature commentary and scholarly presentations from a number of European and American experts in the fields of security and the legal protection of liberty.
Catégories: Comparative Law News

BOOK: Coyle on Modern Jurisprudence

Juris Diversitas - lun, 2014-05-05 06:01
Hart Publishing has just published Sean Coyle's Modern Jurisprudence: A Philosophical Guide:

This book provides a concise and accessible guide to modern jurisprudence, offering an examination of the major theories and systematic discussion of themes such as legality and justice. It gives readers a better understanding of the rival viewpoints by exploring the historical developments which give modern thinking its distinctive shape, and placing law in its political context. A key feature of the book is that readers are not simply presented with opposing theories, but are guided through the rival standpoints on the basis of a coherent line of reflection from which an overall sense of the subject can be gained. Chapters on Hart, Fuller, Rawls, Dworkin and Finnis take the reader systematically through the terrain of modern legal philosophy, tracing the issues back to fundamental questions of philosophy, and indicating lines of criticism that build to a fresh and original perspective on the subject.

Like other Hart titles, our readers receive a 20% discount on the book. See here for details.
Catégories: Comparative Law News

CONFERENCE: Law Addressing Diversity: Pre-Modern Europe and India in Comparison (1200-1800AD), 22-25 May 2014

The University of Vienna hosts a conference on "Law Addressing Diversity" in Europa and India, 1200-1800AD (source: HSozUKult).

“Diversity in Unity – Unity in Diversity” has been quoted frequently to characterize both Europe’s and India’s pre-modern societies. The phenomena this phrase attempts to describe were as diverse as the people involved and ranged from acculturation, entanglement and co-existence to segregation, expulsion and elimination. In our workshop, we intend to apply a distinctive perspective by putting the focus on legal experts and their texts. Neither in Europe nor in India were those with legal expertise a coherent group with a uniform background, formation or job description. Different forms of legislation, legal practice, court procedure, legal education, profession, and law enforcement existed in both regions throughout the period from 1200 to 1800. Instead of equality before the law, a legal pluralism was practiced, where specific legal traditions and modes of jurisdiction were assigned to specific social groups. Legal experts, therefore, had to operate within a matrix of legal cultures that matched societal diversity. Law and legal practice on the one hand mirrored societal complexity, and on the other were means to categorize and shape complex societies.
May 22nd
19.00: Getting Together (Arkadenhof)
May 23rd
9.00: Kings and lawmakers (Chair: Milos Vec)
Corinne Lefèvre, Imperial Management of Legal Diversity: The Mughal Case (I)
Sanjog Rupakheti, Status Differentiated Law and State Formation in Early Modern Himalayan South Asia (I)
Cynthia Neville, The Limitations of Royal Justice in Later Medieval Scotland (E)
11.00: Coffee Break
11.20: Courts and court practices (Chair: Julie Billaud)
Farhat Hasan, The Qazi’s Court in Mughal India: Imperial Laws and Local Practices (I)
Sara M. Butler, Rejecting the Common Law: Standing Mute in Medieval England (E)
12.45: Lunch Break
14.15: Legal Pluralism (Chair: Rohit De)
Nadeera Rupesinghe, Legal pluralism in early modern Sri Lanka (I)
André Wink, Law and Society in Medieval India (I)
Mia Korpiola, Legal diversity – or the Relative Lack of It – in Early Modern Sweden (E)
16.15: Tea Break
16.35: Transition to Modernity (Chair: Alexander Fischer)
Indrani Chatterjee, Disempowering Women and Becoming Modern? The Case from Fortress Bengal (I)
Daniel Schönpflug, Constitutional law and Diversity in the French Revolution: national and imperial perspectives (E)

May 24th
9.30: Regulating Groups and Categorizing People (Chair: Tilmann Kulke)
Sumit Guha, The adjudication of religious headship (I)
Karl Shoemaker, Muslims as a legal category in European canon law (E)
Jovan Pešalj, The Habsburg Legislation Concerning Ottoman Migrants (E)
11.30: Coffee Break
11.50 Law and Religious Groups pt. 1 (Chair: Paolo Sartori)
Ali Anooshahr, Muslims among non-Muslims: Creating the Islamic identity through law (14th century and onwards) (I)
Stephan Wendehorst, Catholics, Protestants and Jews: The Holy Roman Empire, Legal Pluralism and Religious Diversity (E)
12.50: Lunch Break
14.15 Law and Religious Groups pt. 2 (Chair: Paolo Sartori)
Blain Auer, The treatment of minority and non-Muslim communities under Muslim rule (1200-1400) (I)
15.15: Tea Break
15.35: Customary law (Chair: Ebba Koch)
Najaf Haider, Customary Law in Mughal India (I)
Aparna Balachandran, The Law of Mamul: The History of Custom in Colonial and Pre-Colonial India (I)
Ada-Maria Kuskowski, Title TBA (E)
May 25th
10am-4pm: Diversity in Vienna (city tour by foot and bus)
Catégories: Comparative Law News

BOOK PRESENTATION: "Theologians and Contract Law. The Moral Transformation of the Ius Commune (ca. 1500-1650)", by Wim Decock (Paris, 7 May 2014)

What: Book presentation and debate, meeting of the Atelier d'anthropologie scolastique, questions disputées en histoire intellectuelle du Moyen Âge
Where: École des Hautes Études en Sciences Sociales (EHESS), salle 4, 105 Bd. Raspail, Paris
When: 7 May 2014, 3:00-5:00 pm

All information here
Wim DecockMax-Planck-Institute for Legal History, Frankfurt, and KU Leuven
Catégories: Comparative Law News

ARTICLE: Prof. Katia Fach Gòmez onWhy Does Legal English Sound Like Gibberish To Many Spanish Law Students?

Juris Diversitas - sam, 2014-05-03 06:18
We are pleased to inform you about the new article of Prof. Katia Fach Gòmez from University of Saragoza


Legal English is unfortunately still a rare bird in law faculties in public universities in Spain. However, a command of legal English — the generic term used in this article to refer to both a specific legal subject taught in English and an instrumental “English for Specific Purposes” (ESP) subject in the legal sphere — is one of the assets that the voracious labor market demands of even recent graduates. This article is a personal reflection on the multiple dysfunctional factors in Spain that, together, prevent this gap from closing as quickly and completely as would be desirable. My article also shows that other, more auspicious developments in the legal English teaching and learning field are starting to take root in Spain and that there are also reasons for believing that Spanish lawyers can be relied on to take the lead in the long overdue “degibberization” of legal English.
Catégories: Comparative Law News

WORKSHOP: Comparative Business and Financial Law at UC Davis School of Law in Davis, California.

Juris Diversitas - sam, 2014-05-03 05:49

The Younger Comparativists Committee (YCC) of the American Society of Comparative Law (ASCL) is pleased to invite submissions for a workshop on comparative business and financial law to be held on November 7-8, 2014 at UC Davis School of Law in Davis, California. 

Up to thirty papers will be chosen from those submitted for presentation at the
workshop pursuant to this Call for Papers. The workshop audience will include invited young scholars, faculty from UC Davis School of Law and Graduate School of Management, faculty from other institutions, and invited guests. Submissions will be accepted from scholars who have held a full-time academic appointment for no more than ten years as of June 30, 2014. 

Submission Instructions 
To submit an entry, scholars should email an attachment in Microsoft Word or PDF containing an abstract of no more than 1000 words before July 1, 2014, to the following address: afraafsharipour@ucdavis.edu. Please title the email “YCC Business Law Workshop – [Name].” Abstracts should reflect original research that will not yet have been published, though may have been accepted for publication, by the time of the workshop. Abstracts should include a cover page with the author’s name, title of the paper, institutional affiliation, contact information, as well as the author’s certification that she/he qualifies as a younger scholar. Scholars may make only one submission. Both individual and co-authored submissions will be accepted. For co-authored submissions, at least one author must qualify as eligible younger comparativists. 
Invitees will be selected via a blind review by a workshop selection committee.  Authors of the submissions selected for the workshop will be notified no later  than August 15, 2014. There is no cost to register for the workshop but participants are responsible for securing their own funding for travel, lodging and other incidental expenses. A limited number of travel stipends may be awarded to scholars from ASCL member schools who demonstrate financial need. If you would like to be considered for a travel stipend, please make that request in your submission. 
Final papers for the workshop will be due no later than October 17, 2014. 
Acknowledgements and Questions 
The YCC gratefully acknowledges the support of UC Davis School of Law and the California International Law Center. Please direct all inquiries to Professor Afra Afsharipour, Chair of the Program Committee, by email at aafsharipour@ucdavis.edu or telephone at 530-754-0111. Please feel free to share this Call for Papers with any colleagues who may be interested. 
The Program Committee: 

Afra Afsharipour (UC Davis School of Law) (Chair)
Virginia Harper Ho (University of Kansas School of Law)
Wulf Kaal (University of St. Thomas School of Law)

Workshop Selection Committee: 
Afra Afsharipour (UC Davis School of Law)
Martin Gelter (Fordham University School of Law)
Virginia Harper Ho (University of Kansas School of Law)
Wulf Kaal (University of St. Thomas School of Law)
Shruti Rana (UC Berkeley Law)

YCC Board of Directors: 
Richard Albert, Chair (Boston College Law School)
Virginia Harper Ho (University of Kansas School of Law)
Wulf Kaal (University of St. Thomas School of Law)
Sudha Setty (Western New England)
Ozan Varol (Lewis & Clark Law School)
Catégories: Comparative Law News

WORKSHOP: Religion and Public Life at Queen's University Belfast

Juris Diversitas - sam, 2014-05-03 05:35
Religion and Public Life15-16 May 2014Senate Room, Lanyon Building, Queen’s University BelfastThis workshop is funded by the School of Politics, International Studies and Philosophy, Queen's University Belfast, and by the Society for Applied Philosophy. The workshop is part of the President of Ireland’s Ethics Initiative.
Thursday 15 May 2014
13:00-14:00:   Registration and Lunch
14:00-14:10:   Welcome and Opening Remarks
14:10-15:20:   Maeve Cooke (University College Dublin): ‘Religious Conviction and Democratic Protest: Reconsidering Conscientious Objection’ - Chair: Keith Breen  
15:20-16:30:   Peter Jones (Newcastle University): ‘Belief, Choice and Responsibility’ - Chair: Vincent Geoghegan
16:30-16:50:   Tea and Coffee
16:50-18:00:   Veit Bader (University of Amsterdam): ‘Neo-Republicanism on “Religion and Public Life”. Some Critical Remarks’ - Chair: Keith Breen
19:30               Workshop Dinner (by Invitation Only)
Friday 16 May 2014
09:00-10:00:   Matteo Bonotti (Queen’s University Belfast): ‘Political Liberalism, Free Speech and Public Reason’  - Chair: Jeremy Watkins
10:00-10:20:   Tea and Coffee
10:20-11:30:   Sune Lægaard (Roskilde University): ‘Multiculturalism and Secularism’ - Chair: Cillian McBride
11:30-12:30:   Cillian McBride (Queen’s University Belfast): ‘Religion, Respect, and Reasoning’ - Chair: Matteo Bonotti
12:30-13:10:   Lunch
13:10-14:20:   Jonathan Seglow (Royal Holloway, University of London): ‘Religious Accommodation and Self Respect’ - Chair: Cillian McBride
14:20-15:30:   Cécile Laborde (University College London): ‘Is Religion a Conception of the Good?’ - Chair: Matteo Bonotti

Registration is free and includes lunches, teas, and coffees. However, places are limited and registration is therefore essential.
To register, please email Matteo Bonotti (m.bonotti@qub.ac.uk). Please include your full name, email address, institutional affiliation (if any), dietary requirements, and any other requirements you think the organizers need to know about.
Catégories: Comparative Law News

CONFERENCE: Cambridge conference on Public Law: Process and Substance

Juris Diversitas - sam, 2014-05-03 05:24
Cambridge conference on Public Law: Process and Substance15 – 17 September 2014

University of Cambridge

In September 2014, the University of Cambridge’s Faculty of Law and its Centre for Public Law will host a major international conference on Public Law. Following an outstanding response to the call for papers, the conference convenors are delighted to be able to publish the conference programme. The conference will bring together around 60 speakers—along with approximately 150 other participants—from across the common law world, to engage in debate on the theme of “Process and Substance in Public Law”. The conference will consist of four plenary sessions and fifteen parallel panel sessions. A full list of speakers, together with the titles of their papers and abstracts, can be found on the conference website here.Information about how to register for the conference, together with a link to our secure online booking facility, can be found here. Any queries about registration that are not answered by the information on our website should be directed to the conference administrator via publiclawbookings@law.cam.ac.uk.Further information about the conference can be found on our website. Updates are posted to our Twitter account: @PublicLawConf
Catégories: Comparative Law News

CFP: "British Crime Historian's Symposium" (Liverpool, 26-27 September 2014)

What: British Crime Historian's Symposium 2014 - Call for Papers

Where: University of Liverpool, Liverpool, United Kingdom

When: 26/27 September 2014

Deadline for  individual and panel abstracts: 30th June 2014

Catégories: Comparative Law News

SEMINAR: "Fondamenti storici, analisi teorica, operatività pratica delle ‘regulae iuris’ nella dimensione del diritto europeo" (Naples, 9 May 2014)

What: Seminar on the theme "Fondamenti storici, analisi teorica, operatività pratica delle ‘regulae iuris’ nella dimensione del diritto europeo" , in the framework of the Project "FARO" 

Where: University of "Federico II", Law Department, via Mezzocannone, 8 / Via G. Paladino 39, Aula Convegni - Diritto romano, Cortile delle statue, Naples, Italy 
When: 9 May 2014, 10:00 am

Catégories: Comparative Law News

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

What: Third Biennial ESCLH Conference on the theme "Traditions and Changes"Where: University of Macerata, ItalyWhen: 8-9 July 2014
All information here
We are glad to announce that the Third Biennial ESCLH ConferenceTraditions and Changes, will be held on July 8-9, 2014 at the University of Macerata (Italy).In the fantastic Italian environment of Le Marche region, participants will share new perspectives in the field of Comparative Legal History.Call for papersThe European Society for Comparative Legal History (ESCLH) – founded in 2009 – continues to highlight and promote the comparison of legal ideas and legal institutions across different national juridical fields. Following the second ESCHL Conference held at Amsterdam VU University (2012) dedicated to “Definitions and Challenges”, the third ESCHL Conference will take place on 8-9 July 2014 in Macerata (Italy) and will be hosted by the University of Macerata. Under the heading “Traditions and changes” the Conference will develop a theme which is integral part of the challenges of comparative legal history.Members of legal history and comparative law networks share an important and paradigm-challenging reflection on the concept of legal tradition. This concern blends skills and disciplines, such as the legal, social and historical perspectives in an attempt to understand law and how it changes.The conference would like to encourage scholars to use the comparative-historical approach for working on the complex concepts of ‘tradition’ and ‘change’, both separately and in correlation. This aim raises several questions. What do we think is tradition? How is it made up, how is it ‘built’ or ‘invented’? How does it relate to concepts like recollections, historical store-room, juridical experience, legal culture, legal system? What does a tradition help, why and how is it used to promote or, on the contrary, to reject changes and transformations? Is tradition a synonym of ‘past’ and is change a synonym of ‘future’? Or instead does a dialectic prevail which can, at times, unite or separate tradition and change? What role do jurists and doctrine carry on in this field?

Reference to traditions and changes helps us better use comparative legal history, opening up not just what happened, but why it did. In doing so we must reflect not only on categories as such but also on how they are used. We know that power and every legally relevant public or private institution  has the tendency to legitimise itself making recourse to values such as tradition or rationalisation (understood also as an incentive to change). Two recent examples will suffice: the growing use of polyvalent categories like that of “western legal tradition” (both in the singular and the plural) or that, more recent, of “common constitutional traditions”.The Conference welcomes proposals on any area of comparative legal history which relate to the theme of “Traditions and changes”.The starting keynote address will be delivered by Michael Stolleis, Professor emeritus of public law and history of modern law at the Johann Wolfgang Goethe-Universität Frankfurt, former Director of the Max Planck Institute for European Legal History. The final keynote address will be given by Lauren Benton, Professor of History, Silver Professor, Affiliate Professor of Law, Dean, Graduate School of Arts & Science, New York University. Factual information:-          Those interested in presenting a paper at the ESCLH Conference 2014 in Macerata are requested to submit the title of their paper, a short abstract (approximately 250 words) and a short CV before January 1st 2014 to the organizing committee c/o Dr. Antonella Bettoni, University of Macerata (antonella.bettoni@unimc.it).-          The presentations of each paper will not exceed 20 minutes and should be in English.-          It is also possible to present a complete proposal for one or more panels (4 papers for every panel) with a topic within the field of comparative legal history.At the end of January 2014 it will be announced which papers are accepted. The abstracts of these papers will shortly thereafter be made available on the Conference-page website. For further information see:www.unimc.it/dg/it/ricerca/conferenze
Catégories: Comparative Law News

CONFERENCE: Sales Law in the Region of the Caucasus and Central Asia

Juris Diversitas - mer, 2014-04-30 14:52
Institute of East European Law of the University of Kiel and Al-Farabi Kazakh National University have announced the conference Sales Law in the Region of the Caucasus and Central Asia: between Divergence and Harmonizationin Almaty, Kazakhstan 23-24 May 2014.
Target group: legal researchers and practitioners, governmental officials, who deal with international and national regulation of international trade (private law aspects) in the region of the Caucasus and Central Asia.
Conference language: English and Russian with simultaneous translation.
Topics: The Conference will deal on a comparative basis with the sales law in the region of the Caucasus and Central Asia, with particular accent on regulation of international sales contracts. Sales law of all countries besides Georgia base on the CIS Model Civil Code. In the recent 20 years the sales laws of the countries of the region were amended many times. The reforms were strongly influenced by international legal frameworks and foreign, in particular German, legislation. But these reforms were not harmonized between each other. Today we have quite different legal framework for the sales law. As the result the countries of the region approaching step-by-step to the international trends, are drifting more and more from each other. The Conference is targeting to shed light to this interesting development and compare it to the developments in the EU, in particular to establishment of the Common European Sales law. The Conference focuses on several aspects: the structure of the Sales Law, its development and the role of international organizations and foreign technical aid organizations, not individually negotiated terms, conflict of laws rules of the countries of the region applicable to the international sales contracts, transport contracts and contracts on sales of hydrocarbons, which are very important for the countries of the region.

Details, registration and program here http://www.uni-kiel.de/keel/index.php/konferenz-in-almaty-info/
Catégories: Comparative Law News

CONFERENCE: "La charte de la laïcité au Québec" (30 april 2014, Paris)

What: "La charte de la laïcité au Québec", conférence dans le cadre du programme "Pluralisme, démocratie religions, laïcités. " En partenariat avec Norma
Where: Salle de conférences du Site Pouchet.UMR 8582 GSRL CNRS-EPHE Groupe Sociétés, Religions, Laïcités, 59-61 rue Pouchet - 75849 Paris Cedex 17
When: 30 april 2014, 9:30 am

 Martin Meunier,Professeur à l'Université d'Ottawa
Jean-François Laniel, Doctorant à l’Université du Québec à  Montréal All information here

Catégories: Comparative Law News

BOOK: Olivier Chaline (ed.), Parliaments and Enlightenment, Pessac, Maison des Sciences de l'homme, 2012

A book review on the edited volume Les parlements et les Lumières (Maison des Sciences de l'Homme, Pessac), under the direction of Olivier Chaline (Université Paris-Sorbonne), is available on recensio.net (Klaus Deinet, Francia:Recensio 2014:1).
As the title indicates, the work focuses on the attitudes of the judges and lawyers in the French parliaments, or regional supreme courts of the King. Enlightenment thinkers as Montesquieu or Malesherbes were members of this elite, as well as inveterately conservative counterparts. This volume parts from the idea that political or ideological opinions should be seen in their proper context, and not be read in teleological perspective, with the outcome in Revolutionary France in mind.
Abstract (Maison des Sciences de l'homme website):
Parlements et Lumières : l’association des deux notions peut sembler contre-nature, tant l’historiographie a longtemps vu dans les magistrats une catégorie hostile par principe aux Lumières, les bourreaux de Calas et de quelques autres comme les adversaires égoïstes d’une monarchie éclairée et réformatrice qu’ils finissent par perdre en descendant eux-mêmes à sa suite au tombeau. Seuls quelques avocats apparaissent sous un jour plus favorable, défendant l’innocence accablée par l’injustice des nantis ou prenant part à la Révolution.
Pourtant les progrès de la recherche nous conduisent à des vues beaucoup plus nuancées aussi bien sur les cours et les parlementaires que sur les Lumières elles-mêmes qui ne se limitent pas au seul combat philosophique. Dans ce volume collectif, il est question des gens de justice face aux idées nouvelles, des formes de leur adhésion à celles-ci et de la définition qu’ils ont essayé de donner d’un ordre du monde rénové. Réintroduire les parlementaires en tant que tels dans l’étude de la France des Lumières permettra de comprendre celle-ci plus exactement.
Catégories: Comparative Law News

CONFERENCE: Inagural Conference of the International Society for Public Law (Florence, 26-28 June 2014)

   (image source: lets2014.eu)
The newly established International Society for Public Law (ICON•S) holds its first conference in Florence (Italy), from 26 to 28 June 2014. Since the conference will address issues of comparative law and links with political as well, it might be of interest to comparative legal historians.
Call (source: EJIL:Talk!)
On 26-28 June 2014, in Florence, the European University Institute and NYU-La Pietra will host the Inaugural Conference of the newly established International Society of Public Law (ICON•S).
We invite all our readers to submit proposals for either individual papers, or even more ambitiously, proposals for panels which, if selected, will be presented at the Inaugural Conference. Full details, modules for submitting proposals and for registering for the conference may be found at the society’s website. Registration for the Inaugural Conference includes the first annual membership fee in ICON•S and a free one-year online subscription to ICON, the International Journal of Constitutional Law.
  • Why create a new international learned society – are there not enough already?
  • Why public law – if we typically teach Constitutional Law, Administrative Law, or International Law (and now the much à la mode Global Law)?
  • And why does the word “comparative” not feature in the title of the new Society? Surely if we bring together constitutionalists from, say, Japan and Canada or administrative lawyers from Italy and Turkey – their common language will be Comparative Law?
The initiative to create an International Society of Public Law emerged from the Editorial Board of I•CON – the International Journal of Constitutional Law. For several years now I•CON has been, both by choice and pursuant to the cartographic reality of the field, much more than a journal of comparative constitutional Law. I•CON has expanded its interests, range of authors, readers, Editorial Board members and, above all, issues covered, to include not only discrete articles in fields such as Administrative Law, Global Constitutional Law, Global Administrative Law and the like, but also – and increasingly so – scholarship that reflects both legal reality and academic perception; scholarship which, in dealing with the challenges of public life and governance, combines elements from all of the above with a good dose of political theory and social science. That kind of remapping of the field is apparent also in EJIL. Its focus remains of course international law, but the meaning of international law today will often include many elements of the above.
True, in our classrooms we still teach ‘con. law’, ‘ad. law’ and ‘int’l law’ separately – with some justification: they retain their reality and heuristically, one has to start somewhere. But in litigation and jurisprudence, lawmaking, and academic reflection, the boundaries between these disciplines and the borders between the national and the transnational – and even global – have become porous, indeed so porous that at times one is actually dealing with an AltNeuland of public law.
I would say that about 20 per cent of the articles submitted to either EJIL and I•CON could be published in both. The boundaries between EJIL and I•CON are, unsurprisingly, equally porous.
We are certainly not announcing the death of, say, Constitutional Law or Administrative Law and the comparative variants of such. But, at a minimum, a full explication and understanding of today’s ‘constitutional’ cannot take place in isolation from other branches of public law or in a context that is exclusively national. The same is true for these other branches too, not least international law. Public law, as a field of knowledge that transcends these dichotomies, thus deserves our renewed intellectual attention. Our German colleagues, who have always had a more holistic approach to public law, may smile with some self-satisfaction.
In the same vein, the divide between law and political science has become porous too. Some of the finest insights on public law come from social scientists deeply cognizant of law; also, is there any legal scholarship that does not make at least some use of the theoretical and empirical understandings and methodologies external to the legal discipline, stricto sensu?
What then of ‘Comparative Law’? Are we announcing the death of the field? Perhaps not of the field, but of the word. The field is flourishing. It is possible to think of the field of Public Law in Chomskyan terms: there is a surface language, which differs from jurisdiction to jurisdiction, but there is also a deeper structure that is common to the phenomenon of public law. It is difficult to find a public law scholar whose work is not ‘comparative’ in some respects: informed by the theoretical discussion of X or Y in another jurisdiction; referring – often by way of contrast, sometimes by way of similarity – to a foreign leading case somewhere else, as in ‘this is the Marbury v. Madison of our legal system’; addressing universal themes of constitutional theory or design; or simply searching for a constitutional ‘best practice’ overseas. Like Monsieur Jourdain who discovered to his astonishment that he was speaking prose, we in the field of public law should not be surprised to discover that in one way or another, we are all comparativists. To limit our new Society to those scholars whose work is explicitly ‘comparative’ would be hugely constricting and would limit many valuable conversations that go well beyond the formally comparative.
The best example of this new cartography may be found in this very issue in our Symposium on the 50th Anniversary of Van Gend en Loos, some articles of which are published in EJIL and others in I•CON .
Learned societies have often been founded to validate the emergence, autonomy, or breakaway of an intellectual endeavour. By contrast, international learned societies are often driven by the realization of intellectual cross-fertilization that can stem from disciplinary ecumenism. ICON·S is both! We believe that there is a compelling case for the establishment of an International Society of Public Law predicated on these sensibilities – a new breakaway field, the content of which respects traditional categories yet rejects an excessive division of intellectual labour that no longer mirrors reality.
As mentioned, the Society will be officially launched at an Inaugural Conference which will take place in Florence, Italy, in June 2014. The European University Institute and NYU School of Law will sponsor this important event – so that we can spread our wings for the first time in the historic Villa Salviati, Villa La Pietra, Villa Schifanoia, the Badia Fiesolana, and the like.
An organizing Committee of both the Society and Conference, presided by Sabino Cassese, is in charge of the Programme and of the Society’s first steps, as is the usual practice with such ‘births’. Once it has taken off, the general membership will elect the officers of the Society who will take charge of its future direction.
The Conference will combine the best practices of the genre. There will be several plenary sessions with invited speakers, commentators and floor discussions on themes that define and reflect the scope of the new Society. But the heart of the event, we sincerely hope, will be the response to this ‘Call for Panels and Papers’. We are expecting a plethora of proposals for individual papers, panels and workshops. Please do not delay in submitting your own proposals.

Catégories: Comparative Law News

JOURNALS: Legal History Review LXXXI (2013), Nos. 3-4; American Journal of Legal History LIV (2014), No 2

Two leading legal history journals recently published a new issue:

Tijdschrift voor Rechtsgeschiedenis-Revue d'Histoire du Droit-The Legal History Review
Volume LXXXI (2013), Nos. 3-4.
  • "Philippe Godding †" (Editorial Committee)
  • "Jacobus Thomas (Tom) de Smidt †" (Editorial Comittee)
  • "In memoriam Robert Feenstra (1920–2013)" (Editorial Committee)
  • "Liste des travaux de Robert Feenstra" (Margreet Duynstee)
  • "Portrait d’un « romaniste » hors du commun : Jean Acher (1880–1915)" (Anne Lefèbvre-Teillard)
  • "Furtum and manus / potestas" (A.B. Sirks)
  • "The problem of the content of the lex Iulia iudiciorum publicorum" (J. Giltaij)
  • "D. 41,2,3,21: Titulierte Besitzarten, Erwerbsgründeund das unum genus possidendi" (Eric H. Pool)
  • "Byzantine and the Medieval West Roman tradition" (Hylkje De Jong)
  • "Adrian of Utrecht (1459–1523) at the crossroads of law and morality: conscience, equity, and the legal nature of Early Modern practical theology" (Wim Decock)
  • "La représentation du droit dans la communauté des diplomates européens des « Trente Heureuses » (1713–1740)" (Frederik Dhondt)
  • "The case for the lost captain" (Zillem Zwalve)
  • "Außerjuristische Wertungen in der Argumentation Papinians" (J.G. Wolf)
  • Book Reviews
See Brill Books and Journals Online.

 American Journal of Legal History LXIV (2014), No. 2 (April):
  • "Virginia Law Reports" (W.H. Bryson)
  • "Leon A. Berezniak: The Theatrical Counselor" (Edward J. Larson)
  • "The Law of Colonial Maryland: Virginia Without Its Grandeur" (William E. Nelson)
  • "Habeas Corpus Proceedings in the High Court of Parliament in the Reign of James I, 1603-1625" (Donald E. Wilkes, jr.)
See the journal's website (Temple University).

Catégories: Comparative Law News

CONFERENCE: "Men of Justice: exercise and representation of power" (French Association of Young Legal Historians/Centre Roland Mousnier), Paris II Panthéon-Assas, 22 May 2014

 (image: Wikimedia Commons)

The French Association of Young Legal Historians and the Centre Roland Mousnier (Université Paris-Sorbonne/CNRS) organize a joint conference on "Les gens de justice : Exercice et mise en scène du pouvoir." 

Program (in French):

Les gens de justice Exercice et mise en scène du pouvoir
Deuxièmes journées 
de l'Association française 
des jeunes historiens du droit

 Organisées en collaboration avec le Centre Roland Mousnier et l’École doctoral II (Université Paris-Sorbonne)*
Jeudi 22 mai 2014Appartement décanalUniversité Panthéon-Assas, 12, place du Panthéon, 75005
9h30 – 12h30
Contestation de l'autorité royale et affirmation des idées parlementaires: l'usage des remontrances au xviiie siècle par le parlement de Paris David Feutry, École nationale des chartes, centre Jean MabillonLouise de Savoie et la justice du roiFlorence Nguyen, Aix-Marseille UniversitéLa figure du procureur général : l’activité de Ladislas de Baralle au parlement de Flandre au cours de l’année 1691 Clotilde Fontaine, Université Lille IIDes magistrats sous le regard de Dieu et des Parisiens : la messe rouge du Parlement au xviiie siècle Adrien Pitor, Université Paris-Sorbonne
14h – 17h00
La mise en scène artistique des magistrats au siècle des Lumières (1715-1799) Samuel Devisme, Université de Picardie-Jules VerneCicéron et le discours des gens de justice italiens (xiiie-xive s.)Carole Mabboux, Université de SavoieL'exécution de Laurent Augustin Hanžburský z Kopečka, prêtre, (Prague, 7 avril 1631) – Remarques autour de la mise en scène de la justice ecclésiastique à l’époque de la réforme catholique Nicolas Richard, Univerzita Karlova (Prague) – Université Paris-SorbonneLe bourreau, un agent symbolique au service du spectacle pénal (xive-xviiie siècle)   Cyrielle Chamot, Université Panthéon-Assas (Paris II)
Catégories: Comparative Law News