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Mis à jour : il y a 52 min

WORKSHOP: Researching Chinese Legal History in Europe

ven, 05/22/2015 - 05:14
Researching Chinese Legal History in Europe: The State of the Field
SOAS, University of London
Various SpeakersDate: 4 June 2015Time: 10:00 AMFinishes: 5 June 2015Time: 1:00 PMVenue: Russell Square: College BuildingsRoom: G3Type of Event: WorkshopSeries: Law and Justice in China Workshop SeriesFor centuries, scholars based in Europe have examined China’s past in an attempt to understand the various processes influencing the development and evolution of Chinese legal tradition(s). This line of research continues in Europe today, yet given the diversity of institutions and disciplines in which researchers work, as well as the field-specific publications in which they publish, the current state of the field of Chinese legal studies in Europe remains under specified.  What questions are scholars seeking to answer?  Which methods and theories are being employed to examine historical phenomena in China’s legal past?  What source material is available for scholars and students, and at which institutions?  What is the future of Chinese legal history in Europe?  This workshop seeks to answer some of these questions by bringing together several scholars from various European institutions, who are actively engaged in the study of China’s legal past.  Through presentations of current work and roundtable discussions, we hope to establish a community of scholars actively engaging China’s legal past, and also to map out future avenues of research and multi-institutional collaboration.
  • Jennifer Altehenger (Kings College London)
  • Ernest Caldwell (SOAS, University of London)
  • Frederic Constant (Paris X Nanterre University)
  • Rogier Creemers (University of Oxford)
  • Rogier Greatrex (Lund University, Sweden)
  • Fernanda Pirie (University of Oxford)
  • Cecile Wang (École des Hautes Études en Sciences Sociales) 
PROGRAMMEABSTRACTS RegistrationThe event is free and open to the public.  Registration is required.
Online RegistrationOrganiser: Co-organised by the SOAS China Institute and SOAS School of LawContact email: sci@soas.ac.ukContact Tel: +44 (0)20 7898 4823
Catégories: Comparative Law News

CALL FOR PAPERS: Tel Aviv University - Faculty of Law: 3rd Annual TAU Workshop for Junior Scholars in Law: "Theory coming to life"

mar, 05/19/2015 - 03:43

The Tel Aviv University Buchmann Faculty of Law is pleased to invite submissions to its third annual workshop for junior scholars in law. The workshop provides junior scholars with the opportunity to present and discuss their work and receive meaningful feedback from faculty members and peers, and aims to invigorate the scholars’ active participation in the community of international junior scholars in law.
Through law, theory comes into our daily lives in many ways. The workshop will explore the connection between theory and life:
different fields of law, such as criminal law, public law, corporate law, civil law, international law, cyber law, environmental law and others? What is the connection between human rights theories and their acceptance or rejection by different actors? How does legal theory deal with rapid changes in science and technology? What are the potential theoretical justifications to recognize obligations of states towards foreign individuals or communities? How can different actors, such as governments, philanthropists, public litigators and human rights organizations use theory to further their cause? How do lessons learned from historical events affect the formation of theory and practice?
We welcome junior scholars (doctoral candidates, VAPs, writing fellows and recent graduates of doctoral programs) from universities and research institutions throughout the world to submit abstracts engaging with the leading theme of the workshop.
Limited travel grants and accommodation will be available for participants with no institutional funding.
Submissions: Abstracts of up to 500 words of the proposed presentation (with a short bio and your current institutional affiliation(s)) should be submitted by email to TAU.junior.scholars@gmail.com by June 15, 2015
Applicants requesting travel grants and/or accommodation should indicate so in their submission, along with the city they expect to depart from and an estimate of the funds requested.
Applicants will be informed of acceptance or rejection by July 15, 2015. Selected presenters must submit their papers up to 10,000 words in length by September 30, 2015.
For further inquiries contact us at TAU.junior.scholars@gmail.com. 
Catégories: Comparative Law News

LECTURE: Brian Tamanaha - Inaugural Cotterrell Lecture in Sociological Jurisprudence (Queen Mary, University of London)

ven, 05/15/2015 - 04:40

The Cotterrell Lecturein Sociological Jurisprudence:Professor Brian Tamanaha
28 May 2015Time: 6:30 - 8:30pm 
Venue: Lecture Theatre, ArtsOne Building, Queen Mary University of London, Mile End Road, London E1 4NSBOOK NOW
The Inaugural Cotterrell Lecture in Sociological Jurisprudence will be given by Professor Brian Tamanaha (Washington University Law School), Distinguished Visiting Fellow at Queen Mary University of London in May-June 2015, on 28 May 2015. This event will be chaired by Professor Richard Nobles (Queen Mary University of London).
In addition to this event, during his visit Professor Tamanaha will give a half-day workshop on Relating Analytic, Empirical, Evolutionary, Diachronic and Comparative Methods in Constructing Concepts of Law (10 June) and a Legal Theory Masterclass (11 June) for postgraduate students.About Professor Brian TamanahaProfessor Tamanaha is a renowned jurisprudence scholar and the author of eight books and numerous scholarly articles, including his groundbreaking book, Beyond the Formalist–Realist Divide: The Role of Politics in Judging. His articles have appeared in a variety of leading journals, and his publications have been translated into eight languages. Also an expert in law and society, he has delivered lectures in Brazil, Indonesia, Japan, France, the Netherlands, Colombia, Singapore, Australia, Canada and the United Kingdom. He spent a year in residence as a Member of the Institute for Advanced Study in Princeton. Professor Tamanaha is the recipient of several book prizes and awards, including Professor of the Year, and a frequent speaker and lecturer at legal conferences throughout the United States and abroad. His professional affiliations include serving as a past member of the Board of Trustees of the Law and Society Association. Before becoming a law professor, he clerked for the Hon Walter E Hoffman, US District Court for the Eastern District of Virginia. He also practiced law in Hawaii and Micronesia, where he served as legal counsel for the Micronesian Constitutional Convention, Assistant Attorney General for the Yap State and Assistant Federal Public Defender for the District of Hawaii. He then earned a doctorate of juridical science at Harvard Law School.Professor Tamanaha will be a Distinguished Visiting Fellow in the Department in May 2015.About the Lecture Series
The Cotterrell Lectures in Sociological Jurisprudence are named in honour ofProfessor Roger Cotterrell. ‘Sociological jurisprudence’ is understood broadly, as encompassing any theoretical aspect of socio-legal studies, any serious effort to relate jurisprudence and legal theory to changing social and historical conditions, or any topic linking law and social theory.
How to Book
This event is free but prior booking is required. Please register via the Queen Mary Eventbrite page.ContactFor more information, please contact lawevents@qmul.ac.uk.
Catégories: Comparative Law News

JURIS DIVERSITAS: Annual Conference 2015 Programme

jeu, 05/14/2015 - 03:52
JURIS DIVERSITAS ANNUAL CONFERENCE  2 June (afternoon) to 4 June 2015School of Law, University of Limerick, Ireland
THE STATE OF/AND COMPARATIVE LAW Co-sponsored bySchool of Law, University of Limerick & Juris Diversitas
Tuesday, June 2, 2015
14:00                     Registration 14:30                     Welcoming AddressIn memoriam Roderick A. Macdonald (1948-2014) and H. Patrick Glenn (1940-2014)]14:45                     Plenary – KeynoteChair: Seán Patrick Donlan·         A Theoretical Basis for Comparative Legal Pluralism, Brian Z. Tamanaha, Washington University School of Law (United States)16:00-16:30         Break16:30-18:00         Parallel Sessions I I.A          Legal Pluralism in Africa·         The Dominance of Legal Pluralism in a Post-Colonial South Africa: Where do We Stand almost Three and a Half Centuries after Western Legal Transplantation?, Christa Rautenbach, North-West University (South Africa)·         The Relevance of Comparative Jurisprudence in the Namibian Legal System, Samuel Amoo, University of Namibia (Namibia)·         Mapping or Codifying? The Project on the Ascertainment of Customary Law in Somaliland, Salvatore Mancuso, University of Cape Town (South Africa)I.B           Structuring Mixed Legal Systems·         The Political Purpose of a Mixed Legal System Conception: The Case of Scotland, Andreas Rahmatian, University of Glasgow (Scotland)·         Quebec’s “droit commun” as its Basic General Law, Matthieu Juneau, Université Laval, Québec (Canada)I.C           New Dimensions of Constitutionalism·         Constitutions beyond the State: a Miracle or a Mirage?, Ekaterina Yahyaoui Krivenko, National University of Ireland, Galway (Ireland)·         An Approach to Comparative Environmental Constitutionalism, Francois Venter, North-West University, Potchefstroom Campus (South Africa)·         La démocratie moderne au miroir de la pensée chinoise, Frédérique Rueda-Despouey, University of Bordeaux (France)18:00-19:00         Reception – Juris Diversitas Book SeriesLaunch
Wednesday, June 3, 2015
9:00-10:30           Parallel Sessions IIII.A         Law, Religion and Tradition·         The British Religious and Secular Courts in Historical and Comparative Perspective, Martin Sychold, Swiss Institute of Comparative Law (Switzerland)·         Interaction between Common Law and Islamic Law in Nigeria: a study of the application of the doctrine of Stare-Decisis in some Islamic Law cases in Northern Nigeria, Ahmed S. Garba, Bauchi State University, Gadau (Nigeria)·         Traditio Canonica and Legal Tradition: The Role of the Canon Law in Contemporary Legal Debate, Lorenzo Cavalaglio, University of Udine (Italy)II.B         Interaction and Convergence: Mixed Approaches·         Liability for Losses Caused by Administrative Action in South Africa and the Netherlands, Rolien Roos, North-West University (South Africa)·         The Convergence of Defamation in English Tort and French Criminal Law, Mathilde Groppo, King’s College London, Dickson Poon School of Law (United Kingdom)·         Public or Private? Comparing the German and British Approaches to Enforcing Consumer Protection, Shane Patrick McNamee, University of Bayreuth (Germany)10:30-11:00         Break11:00-12:00         Parallel Sessions IIIIII.A        Legal Cosmopolitanism in Territorialized and De-Territorialized Law·         Resorting to International Instruments for the Interpretation of European Private Law, Isabelle Rueda, University of Sheffield (United Kingdom)·         International Commercial Arbitration, lex mercatoria, UNIDROIT Principles and Models Laws: Legal Cosmopolitanism within the World of Affairs?, Matteo Dragoni, University of Pavia (Italy)

III.B        Of Elites and their Influence·         On Legal Elites and the Legal Profession in Cyprus, Nikitas Hatzimihail, University of Cyprus (Cyprus)·         Anglo-Phone Legality: Ciceronian, Socratic and Derridian, Joseph P. Garske (United States)III.C        Views of Law and the Cities·         The Interaction between Non-Judicial Mechanisms of Conflict Resolution and the State: the Case Study of Maputo, Concetta Tina Lorizzo, University of Cape Town (South Africa)·         Plurality and the City, Julian Sidoli del Ceno, Birmingham City University (United Kingdom)12:00-14:00         Lunch14:00-15:30         Parallel Sessions IVIV.A       Comparative law, Circulation and Transplants·         Comparative Law in Russia and CIS, Irina Moutaye, Institute of Legislation & Comparative Law, Moscow (Russia)·         Legal Transplants and European Private Law, Domitilla Vanni di San Vincenzo, University of Palermo (Italy)·         The Circulation of Legal Arguments among Courts : The Case of Brown v. Board of Education, Maria Chiara Locchi, University of Perugia (Italy)IV.B        Intercultural Integration: Cosmopolitism and Pluralism·         Errant Law: Spaces and Subjects, Mario Ricca, University of Parma, (Italy)·         Living Together in a Critical, Pluralist and Cosmopolitan State?, Emma Patrignani, University of Lapland (Finland)·         Comparing Hybrid Legal Systems in India: Similarities in Diversity, Andrea Borroni and Marco Seghesio, Seconda Università degli Studi di Napoli (Italy) IV.C        Justified and Unjustified Enrichment·         Unjustified Enrichment: Should South Africa Venture into the Thick Forest of Passing on Defence?, Aimite Jorge, University of Namibia (Namibia)·         Unjust or Unjustified? A German-English Picture Puzzle, Nathalie Neumayer, University of Vienna (Austria)·         Contract Formation in Context of Morality, Customs and Praxeology, Jakub Szczerbowski, University of Social Sciences and Humanities (Poland)15:30-16:00         Break16:00-17:15         Plenary– Keynote·         Forms of Combined Comparative Research: Synchronised or Restricted?, Katharina Boele-Woelki, University of Utrecht (The Netherlands)19:00                     Conference DinnerThursday, June 4, 2015
9:00-10:30           Parallel Sessions VV.B         Indigenous Law and State Law·         Explicit-Implicit Legal Pluralism, Elina Moustaira, University of Athens (Greece)·         Critical Legal Pluralism in Afghanistan, Nafay Choudhury, American University of Afghanistan (Afghanistan)·         Implications of an Adaptation Theory of Indigenous Law on Legal Pluralism in Africa, Anthony C. Diala, University of Cape Town (South Africa)V.C         Shifts in Transmitting Property and Nationality·         Remodeling Values Protected by the Law of Succession in the European Union, Elwira Macierzynska-Franaszczyk, Kozminski University (Poland)·         Comparative Analyses of Testamentary Capacity, Linda Schoeman, University of Pretoria (South Africa)10:30-11:00         Break11:00-12:00         Parallel Sessions VIVI.A       Challenging Legal Traditions ·         Socio-Cultural Challenges to Comparative Legal Studies in Mixed Legal Systems, Esin Örücü, University of Glasgow (Scotland)·         From Law as a Legal Tradition to Traditions Invented Through Law: a European Perspective, Lorenzo Bairati, University of Pollenzo (Italy)VI.B        Pluralistic Views on Land Issues in Indonesia·         Controversies on the Existences of Indigenous Lands in Indonesia, Rina Shahriyani Shahrullah and Elza Syarief, Universitas Internasional Batam (Indonesia)·         Legal Pluralism and Land Administration in West Sumatra: The Implementation of the Regulations of both Local and Nagari Governments on Communal Land Tenure, Hilaire Tegnan, Andalas University, Padang (Indonesia)VI.C        Clash or Balance? Cyber Security v. Privacy, DNA v. Presumption of Innocence·         A Vague Balance between Cyber Security and Right of Privacy: Israeli, International and Italian Law in a Comparative Perspective, Paola Aurucci, University of Milan (Italy)·         A Clash of Icons? Is DNA Evidence Posing Threats to Presumption of Innocence in Ireland and France?, Michelle-Thérèse Stevenson, University of Limerick (Ireland)12:00-14:00         Lunch
14:00-15:30         Parallel Sessions VIIVII.A      Panel – Buddhist Legal Traditions·         Buddhist Tradition(s) on Law and Governance, Ignazio Castellucci, University of Trento (Italy)·         Tibetan Epiphanies of Buddhist Law, Andrea Serafino, Università del Piemonte Orientale (Italy)·         Tort Law in Buddhist Legal Traditions, Lukas Heckendorn Urscheler, Swiss Institute of Comparative Law (Switzerland)VII.B      Everyday Life, Gender and Happiness·         Cryptotypes and Implicits in Gender Issues, Barbara Pasa (paper prepared with Lucia Morra), University of Turin (Italy)·         Ethnographic Study of the Everyday Legal Pluralism in India, Karine Bates, University of Montreal (Canada)·         Love and Happiness in Law, Angelo Parisi, University of Rome Tor Vergata (Italy)15:30-16:00         Break16:00-17:00         Juris Diversitas General Meeting
17:00-17:30         Plenary – Closing Panel
Catégories: Comparative Law News

NEW JOURNAL: Calumet - Intercultural LAw and Humanities Review

mer, 05/13/2015 - 15:25
'Calumet is an on-line pioneering review. It was formed with the goal of promoting interdisciplinary collaboration in the face of problems arising from intercultural relationships and their interweaving with legal experience. The premise and starting point of Calumet is the belief that even under the lens of law, people are not norms. More and more often, individuals from different cultures come into daily contact, interact, and arrange their own affairs. History and present intercultural relationships demonstrate, however, that the law inevitably crosses their paths. Normative structures are constantly looming in the background of their actions. The presence of law, perhaps silent at first, is nevertheless ready to burst forth at the first sign of possible conflict. At the same time, every contact between norms coming from different social or political circuits transmits interactions between cultural systems. Those intercultural intertwinings must be unveiled and eviscerated if we are to solve the problems ensuing from the overlap of differing legal contexts and traditions. In the contemporary world, people and norms, words and interests are continuously crossing borders, giving rise to new spaces for relating. The description and analysis of these new spaces calls for interdisciplinary tools. Drawing on their own cultural resources, each person has the possibility of modulating the interweaving between norms, power devices, and institutional structures. On the other hand, relying on the public influence of normative languages, the same people can foster translation and creative transactions between cultural systems. Just as in a pioneering experiment, human and social sciences and their respective scholars are all called upon to contribute to the unfolding of these processes of intercultural ‘creation’. From anthropology to semiotics, philosophy and aesthetics, history and geography, literature and psycho-social disciplines, up to medicine, ecology, religious studies and the analysis of relationships between religious traditions and secular institutions, each and every discipline should be empowered to coordinate with the study and intercultural use of law. The theoretical and pragmatic outcome of such cognitive and methodological convergence is the potential to sketch out traces for a human and legal subjectivity capable of supporting peaceful co-existence on both a local and global scale.

Our hope is that Calumet can become a meeting point that serves scholars from different disciplines pursuing these ends.'
Catégories: Comparative Law News

JOURNAL: (2014) 9:2 Journal of Comparative Law

mer, 05/13/2015 - 09:53
The latest Journal of Comparative Law (Wildy & Sons), a special issue on ‘interdisciplinary study and comparative law’, is out. 
The Guest Editors are Nicholas HD Foster, Maria Federica Moscati, and Michael Palmer. 
The issue includes:
  • Nicholas HD Foster, Maria Federica Moscati, and Michael Palmer, Introduction
  • Eric Heinze, The Literary Model in Comparative Law: Shaespeare, Corneille, Racine
  • Jaakko Husa, Interdisciplinary Comparative Law – Between Scylla and Charybdis?
  • Dionysia Katelouzou, A Leximetric Approach to Comparative Corporate Governance: The Case of Hedge Fund Activism
  • Karen McAuliffe, Translating Ambiguity
  • Fernanda Pirie, Comparison in the Anthropology and History of Law
  • Marian Roberts, A View from the Coal Face: Interdisciplinary Influences on Family Mediation in the United Kingdom
  • Mathias Siems, Bringing in Foreign Ideas: The Quest for ‘Better Law’ in Implicity Comparative Law
  • Florian Wagner-von Papp, Comparative Law & Economics and the ‘Egg-Laying Wool-Milk Sow’
  • Gary Watt, The Poverty of Economics and the Hope for Humanities in Comparative Law

  • c So’n BÙI Ngo. The Discourse of Constitutional Review in Vietnam
  • Günter Frankenberg, The Innocence of Method – Unveiled: Comparison as an Ethical and Political Act
  • Emily Lee, Comparing Hong Kong and Chinese Insolvency Laws and Their Cross-Border Complexities
  • Peter Tillers, The Fabrication of Facts in Investigation and Adjudication

Noted Publications
  • Pierre Legrand, Noted Publications

  • Ross Cranston, Simon Roberts. A Court in the City. Civil and Commercial Litigation at the Beginning of the 21st Century
  • Patricia NG, Lindblom, Anna-Karin, Non-Governmental Organisations in International Law

Catégories: Comparative Law News

PHOTO CONTEST: PRISMA Human Rights Photo Contest

mar, 05/12/2015 - 05:51
The Global Campus of Master’s Programmes and Diplomas in Human Rights and Democratisation is pleased to announce the first edition of PRISMA Human Rights Photo Contest. We just launched officially the contest last week during the Venice Art Biennale opening, with Alfredo Jaar as a special guest. The photo contest is open from May 1 and will accept submissions through June 30 2015. We invite photographers, professional and amateur, from any part of the world to submit their work.
The selected images will be displayed, along with photographs by a special guest photographer, in an exhibition in Venice, at the Monastery of San Nicolò, the premises of EIUC the European Inter-University Centre for Human Rights and Democratisation in September 2015, during the 72nd Venice International Film Festival.
The goal of PRISMA is to complement academic research with other media of knowledge, such as photography, to reach a wider international public and foster a better understanding of human rights issues and their protection. PRISMA aims at being not only a photographic contest but also to become an annual event for photography on human rights worldwide. Furthermore, PRISMA’s purpose is to create a network of artists, intellectuals and professionals interested in strengthening the protection of human rights and the promotion of democracy and peace.
The theme for the 2015 edition is “Freedom”. The value of Freedom is at the very core of the concept of human rights: freedom from oppression, freedom of speech and belief, freedom from fear, freedom of thought and freedom of opinion. The images submitted for the photo competition should illustrate the relevance of “Freedom” as a fundamental human right and the importance of defending it.

For more detailed information please visit www.prismaphotocontest.com
Catégories: Comparative Law News

eJOURNAL ANNOUNCEMENT: Potchefstroom Electronic Law Journal

lun, 05/11/2015 - 05:51
The 2015 vol 18 no 1 issue of the Potchefstroom Electronic Law Journal (PER) is now freely available at http://www.nwu.ac.za/p-per/2015%2818%291. As follows the index of the current issue:
1.    Domestic Partners and "The Choice Argument": Quo Vadis?B Coetzee Bester and A Louw
http://dx.doi.org/10.4314/pelj.v18i1.012.    When does State Interference with Property (now) Amount to Expropriation? An Analysis of the Agri SA Court's State Acquisition Requirement (Part I)
EJ Marais
http://dx.doi.org/10.4314/pelj.v18i1.023.    When does State Interference with Property (now) Amount to Expropriation? An Analysis of the Agri SA Court's State Acquisition Requirement (Part II)
EJ Marais
http://dx.doi.org/10.4314/pelj.v18i1.034.    Leveraging Traditional Knowledge on the Medicinal Uses of Plants within the Patent System: The Digitisation and Disclosure of Knowledge in South Africa
EP Amechihttp://dx.doi.org/10.4314/pelj.v18i1.045.    The South African Companies Act and the Realisation of Corporate Human Rights ResponsibilitiesM Gwanyanyahttp://dx.doi.org/10.4314/pelj.v18i1.056.    A Future for the Doctrine of Substantive Legitimate Expectation? The Implications of Kwazulu-Natal Joint Liaison Committee v Mec for Education, Kwazulu Natal
M Murcotthttp://dx.doi.org/10.4314/pelj.v18i1.067.    Inclusive Basic Education in South Africa: Issues in its Conceptualisation and Implementation
LN Murungihttp://dx.doi.org/10.4314/pelj.v18i1.078.    "Just Piles of Rocks to Developers but Places of Worship to Native Americans" - Exploring the Significance of Earth Jurisprudence for South African Cultural CommunitiesMM Ratibahttp://dx.doi.org/10.4314/pelj.v18i1.089.    Legal Aspects with Regard to Mentally Ill Offenders in South Africa
M Swanepoelhttp://dx.doi.org/10.4314/pelj.v18i1.0910.  Huidige Regsontwikkeling ten aansien van Uitwinbaarverklaring van ʼn Verband oor ʼn Onroerende SaakMMM Fuchshttp://dx.doi.org/10.4314/pelj.v18i1.1011.  What Constitutes a Benefit by Virtue of Section 186(2) of the Labour Relations Act 66 of 1995?Apollo Tyres South Africa (Pty) Ltd v CCMA 2013 5 BLLR 434 (LAC)
E Fouriehttp://dx.doi.org/10.4314/pelj.v18i1.11
Catégories: Comparative Law News

CONFERENCE ANNOUNCEMENT: International Law as a Mechanism for Justice

lun, 05/11/2015 - 04:20
International Law Association British Branch Spring Conference
International Law as a Mechanism for Justice
Location: University of Essex, Colchester Campus.
Dates: Friday 29 and Saturday 30 May 2015.

Click here for further information.
Catégories: Comparative Law News

JURIS DIVERSITAS BOOK SERIES: Update and Call for Proposals

ven, 05/08/2015 - 07:39
Juris Diversitas is proud to have a book series with Ashgate Publishing (we're also a Publishing Partner): 
Rooted in comparative law, the Juris Diversitas Series focuses on the interdisciplinary study of legal and normative mixtures and movements. Our interest is in comparison broadly conceived, extending beyond law narrowly understood to related fields. Titles might be geographical or temporal comparisons. They could focus on theory and methodology, substantive law, or legal cultures. They could investigate official or unofficial ‘legalities’, past and present and around the world. And, to effectively cross spatial, temporal, and normative boundaries, inter- and multi-disciplinary research is particularly welcome. 
Since October 2014, the following titles have been published:
  1. Seán Patrick Donlan and Lukas Heckerdon-Ursheler (eds), Concepts of Law: Comparative, Jurisprudential, and Social Science Perspectives 
  2. Sue Farran, Esin Örücü, and Seán Patrick Donlan (eds), A Study of Mixed Legal Systems: Endangered, Entrenched, or Blend
  3. Vernon Palmer, Mohamed Y Mattar, and Anna Koppel (eds), Mixed Legal Systems, East and West
  4. Daniela Berti, Anthony Good, and Gilles Tarabout (eds), Of Doubt and Proof: Ritual and Legal Practices of Judgment
  5. Shauna van Praagh and Helge Deldek (eds), Stateless Law: Evolving Boundaries of a Discipline
Among other titles, the following are due in 2015:While we anticipate publishing future collections (original, conference-based, Festschriften, etc), we're also very interested in publishing monographs and student texts. 
Note that selected volumes are also provided free with membership.
In addition, Ashgate Publishing is delighted to offer members of Juris Diversitas a special discount of 20% on all Ashgate’s titles. 
How to claim your Ashgate discount. 
Catégories: Comparative Law News

BOOK (Juris Diversitas): Dedek and van Praagh (eds), Stateless Law: Evolving Boundaries of a Discipline

ven, 05/08/2015 - 07:06
Juris Diversitas is delighted to announce the publication, with Ashgate Publishing, of our latest volume:

Helge Dedek and Shauna van Praagh (eds), Stateless Law: Evolving Boundaries of a Discipline.

As the book's blurb explains:

This volume offers a critical analysis and illustration of the challenges and promises of ‘stateless’ law thought, pedagogy and approaches to governance - that is, understanding and conceptualizing law in a post-national condition. From common, civil and international law perspectives, the collection focuses on the definition and role of law as an academic discipline, and hybridity in the practice and production of law. With contributions by a diverse and international group of scholars, the collection includes fourteen chapters written in English and three in French.

Confronting the ‘transnational challenge’ posed to the traditional theoretical and institutional structures that underlie the teaching and study of law in the university, the seventeen authors of Stateless Law: Evolving Boundaries of a Discipline bring new insight to the ongoing and crucial conversation about the future shape of legal scholarship, education and practice that is emblematic of the early twenty-first century.

This collection is essential reading for academics, institutions and others involved in determining the future roles, responsibilities and education of jurists, as well as for academics interested in Law, Sociology, Political Science and Education.

Reviewers have said:

‘This collection is a brilliant, insightful resource on the relationships between the law and the state in the West. A must-have for anyone interested in critically understanding the historical process of construction of Western law as an intellectual (and largely stateless) discipline.' - Mauro Bussani, University of Trieste, Italy

‘Legal educators must open their students to a world of multi-national markets and corporations, the European Union, and the increasing federalization of existing nations, a world in which the identity of law and state is increasingly destabilized. This remarkable set of essays, owing so much to McGill University's trail-blazing effort to shape the legal education it offers to these realities, sets a high standard for scholarship on this challenge.’ - Peter L. Strauss, Columbia Law School, USA

‘Stateless Law is an extremely impressive collection of ground-breaking contributions concentrating on a much-needed and overdue systematic exploration of law outside of the territorial paradigm. There is a need of this kind of “undisciplined” scholarship to overcome a state-centered bias that still spells the western lawyer.’ - Ugo Mattei, UC Hastings, USA and University of Turin, Italy

Additional information, including the tablet of contents, preface, and index, are available here.
Catégories: Comparative Law News

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

ven, 05/08/2015 - 06:49

Jaakko Husa,
A New Introduction to Comparative Law

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

WORKSHOP: Mapping Law Globally

mar, 05/05/2015 - 06:47
Half Day Workshop: 'Mapping Law Globally'13 May 2015 - 3:00 - 6:30pm
Room 313, Law Building, School of Law, Queen Mary University of London,Mile End Road, London E1 4NS
Hosted by the Centre for Law and Society in a Global Context (CLSGC). 
This seminar considers the spatial dimensions of legal processes and the (dis)orderly aspects of geographical processes as we discuss land title registration systems, the world’s first factory and public billboards.  By participating in this conversation between geography and law, we hope for further critical consideration of the racist effects of liquefying land, the different legal mechanisms of industrial place-making, and the role of judicial ‘space-talk’ in constituting public spheres.   
Dr Ruth Fletcher, Queen Mary University of London
3-4pm: Making Land Liquid: Race, Time and Title Registration

Author: Sarah Keenan, Birkbeck University of London
Commentator: Simon Reid-Henry, Queen Mary University of LondonDiscussion
4-5pm: How does law make place? Localisation, translocalisation and thing-law at the world’s first factory

Author: Luke Bennett, Sheffield Hallam University
Commentator: Miles Ogborn, Queen Mary University of LondonDiscussion
5-6pm: Freedom of Expression and Spatial (Imaginations of) Justice

Author: Antonia Layard, University of Bristol
Commentator: TBC
6-6.30pm: General Discussion

Keenan, Making Land Liquid: Race, Time and Title Registration
In this paper I explore the temporalities of land title registration systems, and the racist effects of those systems.  Legal and commercial systems that require land titles to be registered produce definitive archival memories that wipe out historically created entitlements to land that are unregistered and/or unregisterable.  As a range of authors have noted, title registration systems are an important mechanism in turning land into a liquid asset, (Harris 2010: 263, de Soto 2000, Pasternak 2014).  Historically, land title registration systems have been an important tool in the legal displacement and criminalisation of indigenous people in settler colonies.  More recently, the registration of mortgage titles in the USA, through “MERS”, the corporate Mortgage Electronic Registration System which currently holds the legal title to 60% of American mortgages, has been instrumental in facilitating the trade of sub-prime mortgages, which have disproportionately resulted in the evictions of black families from their homes (Chakravartty and Ferreira da Silva 2012).  Drawing on Ruthie Wilson Gilmore (2007), I argue that registration of title systems are racist because they produce patterns of displacement and criminalisation that make particular groups vulnerable to premature death.  
Bennett, How does law make place? Localisation, translocalisation and thing-law at the world’s first factory
This paper explores how law is implicated in the formation of place, and how place in turn can shape law. It is an empirical explication of Latour’s call for researchers to study the global through its local instantiations, and thus to seek to show how:  “the world is … brought inside … places and then, after having been transformed there … pumped back out of [their] narrow walls” (Latour 2005: 179, italics in original). In pursuit of this the paper presents a case study focussed around the creation and circulation of a new form of place in the late eighteenth century, the industrial scale cotton mill. The study centres around the interplay of law and material formations at one originating site, Sir Richard Arkwright’s Cromford Mills in Derbyshire. It shows how a diverse range of legal elements ranging across patent law, the Calico Acts and ancient local Derbyshire lead mining laws all helped to shape that place-form, its proliferation across the United Kingdom, and ultimately farther afield. In doing so the paper conceptualises processes of localisation, translocalisation and thing-law by which the abstractions of both place-forms and law elements become activated through their pragmatic local emplacement. Whilst the case study concerns 200 year old place-making machinations, many of the spatio-legal articulations of Arkwright and his opponents have a surprisingly modern feel about them. The paper therefore advocates the benefits of a longitudinal, historical approach to the study of place-making, and in particular, calls for a greater attentiveness in contemporary legal geography to law’s role in business-place formation and its use by site managers.  
Layard, Freedom of Expression and Spatial (Imaginations of) Justice

For legal geographers, it seems to be common sense to say that justice has a spatial context, that there is such a thing as – or a series of relations of – spatial justice. Similarly, for legal geographers it is assumed that the social, the spatial and the legal are co-constituted, none is a background to another: there is constant, processual reflexivity. Taking these two positions as starting points, the paper identifies how courts produce spatial justice, drawing on a case study, the decision by the European Court of Human Rights, Rael v Switzerland (2012). It identifies three key techniques: the use of splices, “space talk” (and its absence) and the use of differing legal-spatial imaginaries. In exploring how these techniques are used, it considers two places or sites: first, the billboard and public street where the poster was displayed and secondly, drawing on the work of Habermas and Arendt, the European public sphere itself.
Catégories: Comparative Law News


mar, 05/05/2015 - 06:06
From 18 to 22 May 2015, the Perelman Centre will run the first edition of the Brussels Global Law Week. After the New York Global Law Week (2011) and the London Global Law Summit held in February 2015, the capital of Europe is ready to launch its own forum on the globalization of law. Reuniting theory and practice, the Brussels Global Law Week will be an annual forum open to academics, researchers, students, NGOs, legal practitioners, regulators and decision-makers to discuss issues of law & globalization. Each year, special attention will be drawn to both research in global and transnational legal theory and practical issues in specific sectors. In 2015, special focus will be given to the regulation of global finance.
  Here you can find the program.
Catégories: Comparative Law News


lun, 04/20/2015 - 05:01
The Editorial Board of Law Text Culture is seeking proposals for the 2016 special edition of the Journal (Volume 20), due for publication in December 2016.
Law Text Culture is a transcontinental, peer-reviewed interdisciplinary journal which aims to produce fresh insights and knowledges about law and jurisprudence across three interconnected axes:
Politics: engaging the relationship of force and resistance;
Aesthetics: eliciting the relationship of judgment and expression;
Ethics: exploring the relationship of self and other.
The annual thematic special issue, curated by guest editors, is selected by the editorial board. Each issue explores its theme across a range of genres, with scholarly essays and articles sitting alongside visual and literary engagements. In this way, Law Text Culture excites unique intersectional and interdisciplinary encounters with law in all its forms.
Proposals by potential guest editors should include:

- a concise description of the proposed theme;
- a draft call for papers setting out the aims and concepts of the issue;
- an indication of the intended authors and how they are to be identified/contacted (eg whether the proposal arises out of a seminar series, conference or workshop);
- the range of genres (eg poetry, scholarly essays, visual arts etc) expected to be included in the edition; and
- brief details of the guest editor(s).

Proposals should be no more than 500 words and should be emailed to the Managing Editor by close of business 30 May 2015. For further information on the journal, including the role of guest editors, and general information on the publication process, and the journal style guide, please visit the website http://lha.uow.edu.au/law/LIRC/LTC/index.html. Details on the editors and themes of previous editions of Law Text Culture are available at: http://ro.uow.edu.au/ltc/all_issues.html

Catégories: Comparative Law News

ARTICLE ANNOUNCEMENT: Presumption of Innocence or Presumption of Mercy?: Weighing Two Western Modes of Justice James Q. Whitman

jeu, 04/16/2015 - 08:49
By James Q. Whitman
American criminal law has a deep commitment to the presumption of innocence. Yet at the same time, American criminal justice is, by international standards, extraordinarily harsh. This Article addresses this troubling state of affairs. The Article contrasts the American approach with the approach of the inquisitorial tradition of continental Europe. Inquisitorial justice, it argues, has a less far-reaching presumption of innocence than American justice does. Yet if continental justice puts less weight on the rights of the innocent it puts more on the rights of the guilty: While its presumption of innocence is comparatively weaker, it has what can be called a strong presumption of mercy. The continental approach produces forms of criminal procedure that can shock Americans. Continental trial in particular often seems to American observers to operate on a disturbing de facto presumption of guilt; the most recent example is the high-profile trial of Amanda Knox. Yet the continental approach has contributed to the making of a significantly more humane criminal justice system than ours. Moreover, the continental approach is better suited to cope with the rise of new forms of scientific investigation. The Article pleads for a shift away from the American culture of rights for the innocent toward a greater concern with continental-style rights for the guilty. It closes with an Appendix assessing the Knox case.

Click here to download this article

Catégories: Comparative Law News

Social Death as a Way of Punishing and Preventing Mass Murder

mer, 04/15/2015 - 17:14
    Tuesday, March 24th, 2015: the crash of the Airbus A320, Flight Germanwings 9525 from Barcelona to Düsseldorf. Because he is aware of the fact that his depressive state and his eye condition will over time cause the loss of his job as a pilot for the subsidiary of a prestigious airline, and realizing that his dream of becoming an aircraft captain on intercontinental flights is doomed to failure, a young copilot chose to end his life, leading 149 other people to death. According to the Marseilles prosecutor’s narrative, the facts speak for themselves: the crime was premeditated. The perpetrator took advantage of the  captain’s brief absence to lock him out the cockpit, cut off any form of communication with the outside, and operate a progressive descent, which about ten minutes later would crash the aircraft on the slopes of the French Alps, causing the death of all passengers and crew members.
    Such a despicable crime defies comprehension. One cannot use the term terrorism, even though the act triggers fear, since there is no ideological or political aim. Although such mass murder is heinous and inhuman, it cannot be considered as a crime against humanity without political, philosophical, racial, or religious motives.
    Yet such a crime is a denial of humanity, not only of one person, but of a large number of victims who were, with a few exceptions, anonymous and had nothing to do with the perpetrator’s frustrating life experience or the organization on which he cast blame.
    Whether domestic or international, criminal law does not provide any specific characterization for this kind of crime, though increasingly frequent. The perpetrator knows his act will have global significance and visibility due to media and social network coverage. More and more anti-heroes kill dozens of people, often randomly, before killing themselves, whether in shootings in schools, universities, shopping malls or other public areas or, such as in the present case, through the destruction of an aircraft and the killing of all those on board.
    Such acts challenge our ability to react. Efforts are made to secure public places; companies and regulatory authorities will revise air transport security protocols, but criminal law cannot have any effect on the criminal who kills himself in the process.
    We are left with the resource of punishing the criminal by depriving him of the posthumous fame he was longing for.
    Pictures of this young man smiling in front of the Golden Gate Bridge or wearing glittering sportswear have been shown all around the world. They ensure the triumph of the diabolical ego of potential mass murderers and are an insult to the families of the victims. Let us punish such odious beings using one of the harshest sanctions the social group can inflict, a total and absolute anonymous treatment. May his face be concealed with black on any video or photographic representation, may his name be ignored forever. In the past, France used to inflict the sentence of “civil death,” a sanction that until 1854 would treat convicts serving a life sentence as dead. Though physically alive, the convict was treated as dead, losing legal personality and all its attributes. Let us impose the sentence of “social death,” by no longer recognizing as human those denying our humanity.If the media and the people relaying the pictures acted this way, we may perhaps defeat plans of other frustrated people who may find less incentive in playing the anti-heroes and causing collective death. Furthermore, such anonymous treatment would help protect the family, friends, and neighbors of the murderer, whose lives are shattered and made unbearable due to journalistic interference, collective stigmatization, and what must be feelings of overwhelming personal guilt by virtue of their relationship with the murderer.
    The idea is not to promote silence when dealing with those terrible events, which obviously have to be discussed. The point is to deprive the murderer of his name and face, to make him sink into his fate of anonymous cursed copilot. Since his crime is unspeakable, we should deprive him of his name and identity; he should become void, as one who has never existed. Not even a stone should bear his name.
    There is no need to amend any law or draft international agreements to do so. Let us act as responsible citizens by changing the law through our collective behavior, which may become a national and international custom. Custom is a way of reclaiming the law where our representatives are slow or powerless in making it evolve. Let us create a usage or common practice of treating collective murderers anonymously, so that neither our contemporaries, nor our descendants will be able to know, or even care to know, the name or the face of those who despise and hate mankind. Some newspapers and television channels already do so. Such behavior must be promoted and generalized. We do not want to allow our contemporaries to make a gruesome connection between happiness and horror; we want to prevent our children from portraying the denial of mankind with smile and innocence.

© 2015 Olivier Moréteau, translated from the French by Sara Vono, with the help of Jennifer Lane and Marie-Antoinette Moréteau.See original in French on Le juriste français 
Catégories: Comparative Law News

BOOK: Amaya on the Nature of Coherence and its Role in Legal Argument

mar, 04/14/2015 - 04:57
Hart Publishing has recently published Amalia Amaya's The Tapestry of Reason: An Inquiry into the Nature of Coherence and its Role in Legal Argument. The abstract reads:
Recently legal scholarship has been heavily influenced by coherence theories of law and adjudication. These theories significantly advance the case for coherentism in law, yet a number of problems remain. This ambitious new work is the first to develop a coherence-based theory of legal reasoning, and in so doing address, or at least mitigate, these problems. The book is organised in three parts. Part one critically analyses the main coherentist approaches to both normative and factual reasoning in law. Part two investigates coherence theory in a number of fields that are relevant to law: coherence theories of epistemic justification, coherentist approaches to belief revision and theory-choice, coherence theories of practical and moral reasoning and coherence-based approaches to discourse interpretation. Taking this interdisciplinary analysis as a starting point, part three develops a coherence-based model of legal reasoning, building upon the standard theory of legal reasoning, leading to a reconsideration of some of the basic assumptions that characterise this theory and suggesting some lines along which it may be further developed. Thus, the book not only improves upon the current state of coherence theory in law, but also helps to articulate a theory of legal reasoning that results in better decision-making.
THE AUTHORAmalia Amaya is a Researcher in the Institute of Philosophical Research at the National Autonomous University of Mexico.
BOOK DETAILSMarch 2015   9781849460705  560pp   Hbk   RSP: £75 / US$150Discount Price: £60 / US$120
Order OnlineIf you would like to place an order for the book you can do so through the Hart Publishing website (link below). To receive the discount please type the reference ‘CV7’ in the voucher code field and click ‘apply’

UK, EU and ROW: http://www.hartpub.co.uk/BookDetails.aspx?ISBN=9781849460705
Catégories: Comparative Law News

WEBSITE (New!): The International Academy of Comparative Law

lun, 04/13/2015 - 05:15
 The International Academy of Comparative Law has a new, engaging website. 

Have a look at http://iuscomparatum.info/!!
Catégories: Comparative Law News