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SHAMELESS SELF-PROMOTION: Donlan and Heirbaut on European Legal Hybridity and Jurisdictional Complexity

mer, 2014-08-06 10:58
Seán Patrick Donlan and Dirk Heirbaut's '“A patchwork of accommodations”: Reflections on European legal hybridity and jurisdictional complexity' is available here
The text is a draft introduction to a collection edited by Donlan and Heirbaut. The book is currently entitled The Laws' Many Bodies, c1600-1900.
Catégories: Comparative Law News

CALL FOR PAPERS - REMINDER (English/French): The Fourth Worldwide Congress of The World Society of Mixed Jurisdiction Jurists

mar, 2014-08-05 05:39
The Fourth Worldwide Congressof The World Society of Mixed Jurisdiction JuristsMcGill University Faculty of Law,Montreal, Canada June 24-26, 2015
“The Scholar, Teacher, Judge, and Jurist in a Mixed Jurisdiction”«Le Chercheur, le Professeur, le Juge et le Juriste dans une Juridiction Mixte»
The World Society of Mixed Jurisdiction Jurists is pleased to announce a Fourth Worldwide Congress to be held at McGill University’s Faculty of Law (Montreal, Canada) from an opening evening reception and lecture on 24 June through 26 June 2015. The theme of the Congress will be “The Scholar, Teacher, Judge and Jurist in a Mixed Jurisdiction.”
La World Society of Mixed Jurisdiction Jurists est heureuse d’annoncer son Quatrième Congrès International, qui se tiendra à la Faculté de droit de l’Université McGill (Montréal, Canada). Le Congrès débutera avec une réception suivie d’une conférence le 24 Juin en soirée et se poursuivra jusqu’au 26 juin 2015. Le thème de ce congrès sera « Le chercheur, le professeur, le juge et le juriste dans une juridiction mixte ».
Mixed Jurisdictions, as they are traditionally understood, stand at the crossroads of the Common law and Civil law. They also frequently encompass other ethnic and religious laws. Rich in legal history and complex pluralism, they are often seen as natural laboratories of comparative law.

Les juridictions mixtes, comme elles sont traditionnellement perçues, se situent à l’intersection de la tradition de la Common law et de la tradition civiliste. Elles comprennent souvent d’autres droits, comme le droit ethnique  ou le droit religieux. Riches du point de vue de l’histoire du droit et du pluralisme juridique, elles sont souvent vues comme des laboratoires naturels de droit comparé.
The laws, methods, and institutions of mixed jurisdictions are inevitably affected by the influence and presence of different traditions vying for supremacy or requiring reconciliation. Their added complexity places special demands upon the training of judges and jurists, the staffing of courts, the teaching of private law, the research of scholars, and the task of law reform. To what extent have these challenges been met by the actors and institutions of mixed jurisdictions?
Les lois, les méthodes et les institutions des juridictions mixtes reflètent inévitablement la présence de différentes traditions rivalisant pour la suprématie ou demandant la réconciliation. La complexité accrue des juridictions mixtes donne lieu à des exigences particulières pour la formation des juges, des juristes et du personnel des tribunaux, l’enseignement du droit privé, la recherche scientifique et la réforme du droit. Dans quelle mesure ces défis ont-ils été relevés par les parties prenantes des juridictions mixtes?
We propose to investigate these issues.
Nous proposons d’explorer ces questions.
Proposals for papers on any topic related to mixed legal systems are welcome. They may be submitted by jurists from any jurisdiction, and by members and non-members of the Society alike. Proposals should be submitted to WSMJJ General Secretary Seán Patrick Donlan (sean.donlan@ul.ie) by 15 October 2014. They should not exceed 500 words and should be accompanied by a curriculum vitae of one page only. The time allocated for delivery of papers will be no longer than 20 minutes. Papers delivered at the conference will be considered for publication.
Nous accepterons les propositions de textes sur tout sujet apparenté au droit des juridictions mixtes. Elles pourront être soumises par des juristes de toute juridiction, qu’ils soient membres de l’Association ou non. Les propositions devront être envoyées au secrétaire général du WSMJJ, Seán Patrick Donlan (sean.donlan@ul.ie) d’ici le 15 octobre 2014. Les soumissions ne doivent pas dépasser 500 mots et doivent être accompagnées d’un curriculum vitae d’une page. Le temps alloué pour la présentation des textes ne dépassera pas 20 minutes. La publication des textes présentés à la conférence sera envisagée.
The Society regrets that it cannot cover travel expenses of participants in the Congress.
L’Association regrette de ne pas pouvoir couvrir les frais de déplacement des participants au Congrès.
Please reserve the date.
Veuillez prendre la date en note.
Catégories: Comparative Law News

JOURNAL: Global Jurist New Issue

sam, 2014-08-02 15:50
A new issue of Global Jurist has just been published.
Please Click here for further information about this issue
Catégories: Comparative Law News

CALL FOR PAPERS: 10th International Workshop for Young Scholars

jeu, 2014-07-31 08:58
The European Law Journal, HEC Paris and the Center for Research on Transnational Law (CTL), Peking University School of Transnational Law (PKUSTL), Peking University Shenzhen Graduate School, are welcoming proposals for presentation at the 10th International Workshop for Young Scholars (WISH). This workshop builds on the success of the previous editions held annually since 2002 under the scientific direction of Prof. Francis Snyder. It offers outstanding young scholars an opportunity to present their best research work in a professional academic setting to an audience of other young scholars and more senior academics.

TOPICS: Contributions are invited on relevant topics identified by the applicant, including the following non exhaustive themes:

Global Risk Regulation and Domestic Institutions and Processes
- How to source expertise (closed vs open source models, conflict of interest, etc)
- How to integrate expertise (institutional design issues)
- Multi-level Governance

- Promoting regulatory convergence under the TransPacific Partnership (TPP) and the Transatlantic Trade and Investment Partnership (TTIP)
- Regulatory cooperation in EU-China relations
- Role of Brazil, Russia, India, China and South Africa (the BRICS)

Ensuring participation and accountability
- The integration of non-legal expertise into risk policymaking and its main evidence-based methodological tools (regulatory impact assessment, cost-benefit analysis, precautionary principle, behavioral studies)
- Public concerns
- Role of the media
- Management of scarcity

Creating and Managing Transnational Risk Regimes
- Overcoming the Public-Private divide
- Hard law and soft law in transnational risk management
- The legal consequences of risk communication

Adjudicating Transnational Risk Regulatory Disputes
- Actual and future trade disputes on food (GMOs, traditional foods, nanofoods, lab-grown meat), tobacco, alcohol and other risk substances, such as chemicals under both the trade and investment lens
- Actual and future disputes stemming from environmental issues such as climate change (extension of the European Emission Trading Scheme to the airline sector, etc.)

Redefining and Reconciling the 'Trade and... ' debate between Regulatory Autonomy, Evidence-based Policymaking and International Regulatory Co-operation
- Environmental, food safety and public health protection
- Social solidarity ethics
- Human rights

The Workshop will take place over one and a half days. If current applications for funding are successful, the organizers will cover relevant costs of travel and accommodation.

GUIDELINES FOR SUBMISSIONS: Proposals should be submitted by email to Alberto Alemanno, by 1 September 2014 at the latest. The email address is: 10wishec@gmail.com. Proposals may be submitted either in English or French. Only original papers are eligible for WISH participation and may not be submitted to other journals or fora of publication in parallel. Proposals must be written by doctoral candidates (or equivalent) who have not yet submitted their thesis or have been awarded their doctorate in the 12 months prior to 30 June 2014. Papers co-authored with more experienced academics will not be considered. Each proposal must contain the following information in order to be considered:

- A cover sheet with the title of the proposed presentation, the name of the proposer (first name, family name), the proposer's institution, and full address, including email, telephone and fax.- A 400 to 500 word summary of the proposed presentation.- Proof from their university of their position as a doctoral candidate or that they were awarded their doctorate in the preceding 12 months.- Proposals must be submitted in Word or RTF form.
SELECTION OF PAPERS: All proposals will be acknowledged. Proposals will be examined by the Editorial Board of the European Law Journal. (See the ELJ website: http://onlinelibrary.wiley.com/journal/10.1111/(ISSN)1468-0386/issues.Letters of acceptance or rejection will be sent by 1st October 2014.
SUBMISSION OF COMPLETED PAPERS: The authors of the selected proposals will be asked to prepare a completed paper for presentation at the Workshop. The deadline for receipt of the completed paper is 15th October 2014. Submission of a proposal constitutes a professional commitment to participate in the conference.
DATE OF THE CONFERENCE: The conference will take place at HEC Paris in December, 2014 (date to be determined). The final programme of the Workshop will be distributed before 1st November 2014.
 FURTHER INFORMATION: In the meantime, if you have any questions, please contact Cliff Wirajendi at wirajendi@hec.fr
Catégories: Comparative Law News

BOOK: Comparative Law and International Organisations

jeu, 2014-07-31 06:07
We're pleased to note the publication of Colin Picker, Lukas Heckendorn Urscheler, and Daria Solenik (eds), Comparative Law and International Organisations: Cooperation, Competition and Connections (2014) by Schulthess.

The book was the fruit of a symposium held at the Swiss Institute of Comparative Law in 2010, a spin-off of our Juris Diversitas Conference there in 2009 (resulting in Comparative Law and Hybrid Legal Traditions):

As international organizations consist of member states with different legal orders and are generally active in many different legal systems, it seems obvious that comparative law is of relevance. Furthermore, with the growing importance of international organizations, analyzing the interrelationship between the two is therefore of utmost importance....

The symposium brought together academic scholars, including international organization and comparative law experts, and participants from the European Court of Human Rights, European Commission for the Efficiency of Justice, Hague Conference on Private International Law, ICC Commission on Arbitration, International Criminal Court, and the UND. 

Recommended. SPD
Catégories: Comparative Law News

SEMINAR: Pluralism, Religious Diversity and Methodology

mer, 2014-07-30 04:23

In the filed of the Research Projects JPs (Jurisdiction and pluralisms), the University of Trieste organizes an international seminar on "Pluralism, Religious  Diversity and Methodology". The seminar will be held in Trieste (Italy) on Friday, September, 12th, 2014.
Click here for the program of the seminar.
Click here for further information about JPs
Catégories: Comparative Law News

BOOK: Birks on The Roman Law of Obligations

mar, 2014-07-29 18:29
*** Exclusive 30% discount from Oxford University Press ***
The Roman Law of ObligationsPeter BirksEdited by Eric DescheemaekerNow: £35.00 (was £50.00)
The Roman Law of Obligations presents a series of lectures delivered by the late Peter Birks as an introductory course in Roman law. Discovered in complete manuscript form following his death, the lectures are published here for the first time.
Customers can claim the discount by visiting our website at www.oup.co.uk/law , adding a book to the shopping basket, and entering the code ALAUTH14 in the promotional code box.
Catégories: Comparative Law News

BOOK: Halpérin's Five Legal Revolutions Since the 17th Century: An Analysis of a Global Legal History

mar, 2014-07-29 18:18
Jean-Louis Halpérin's Five Legal Revolutions Since the 17th Century: An Analysis of a Global Legal History (Springer) has been published:This book presents an analysis of global legal history in Modern times, questioning the effect of political revolutions since the 17th century on the legal field. Readers will discover a non-linear approach to legal history as this work investigates the ways in which law is created. These chapters look at factors in legal revolution such as the role of agents, the policy of applying and publicising legal norms, codification and the orientations of legal writing, and there is a focus on the publicization of law.The author uses Herbert Hart’s schemes to conceive law as a human artefact or convention, being the union between primary rules of obligations and secondary rules conferring powers. Here we learn about those secondary rules and the legal construction of the Modern state, and we question the extent to which codification and law reporting were likely to revolutionize the legal field.These chapters examine the hypothesis of a legal revolution that could have concerned many countries in modern times. To begin with, the book considers the legal aspect of the construction of Modern States in the 17th and 18th centuries. It goes on to examine the consequences of the codification movement as a legal revolution before looking at the so-called “constitutional” revolution, linked with the extension of judicial review in many countries after World War II. Finally, the book enquires into the construction of an EU legal order and international law.In each of these chapters, the author measures the scope of the change, how the secondary rules are concerned, the role of the professional lawyers and what are the characters of the new configuration of the legal field. This book provokes new debates in legal philosophy about the rule of change and will be of particular interest to researchers in the fields of law, theories of law, legal history, philosophy of law and historians more broadly.​Recommended. - SPD
Catégories: Comparative Law News

CONFERENCE: Diversity and the Courts: Judicial Pluralism in India

mar, 2014-07-29 18:12
The conference will take place at The University of Turin, Italy on September 18th and 19th 2014.
Click here for the program.
Catégories: Comparative Law News

BOOK: Common Law Legal English and Grammar

mar, 2014-07-29 18:07
Alison Riley and Patricia Sours, Common Law Legal English and Grammar: A Contextual Approach (Hart Publishing) has been published:
Lord Denning, an influential but controversial English judge, stated that 'Words are the lawyer's tools of trade'. This course book reflects that conviction as it focuses on words, the language of the law - legal terms, expressions, and grammar - introduced systematically with relevant aspects of the law, and examined in context through analytical reading activities based on original legal texts selected for their interest and importance in different branches of the common law system. This book explores constitutional law, criminal law, tort, and contract; yet includes international legal contexts, with a particular focus on human rights and European law. The presentation of legal concepts and terminology in context in each chapter is graded so that the course progresses, building on the vocabulary and law encountered in earlier chapters. Each chapter, organized thematically, includes a series of activities - tasks - to complete, yet the book does not presuppose previous knowledge of legal English or of the common law: full answer keys and reflective commentary on both legal and linguistic aspects are given and sections marked 'Advanced' offer especially challenging materials. Consolidation sections are designed to test students' global comprehension of the legal texts analysed, including precise usage of legal vocabulary in context, with solutions. Common Law Legal English and Grammar is addressed to the non-native speaker of English, and in particular, intermediate to advanced students who are studying law, or academics with a professional interest in Anglo-American law. Practising lawyers will also find that the book offers valuable analysis of the language of legal documents.
Catégories: Comparative Law News

JOURNAL: The Theory and Practice of Legislation

mar, 2014-07-29 18:01
The latest issue of The Theory and Practice of Legislation (Hart Publishing) is out. It includes:
Introduction: The Legitimacy of EU Secondary LegislationWim Voermans and Josephine M.R. Hartmann
The Quest for Legitimacy in EU Secondary LegislationWim Voermans, Josephine M.R. Hartmann and Michael Kaeding
Abstract: According to classic democratic theory legislative decision-making presupposes some involvement of the people or their representatives. Their involvement is a prerequisite for the legitimacy of enacted legislation. At the same time, however, the lack of public involvement is a weak spot of EU legislative decision-making. This represents a growing problem because the European Union (EU) is built on and predominantly governed by EU law that is enacted in EU-legislation without direct input from the people. In fact more than 75% of EU legislation is currently enacted by the European Commission (EC). This lack of democratic pedigree of so-called ‘EU secondary legislation’ allegedly causes various legitimacy-related problems at the EU level. With the introduction of a new system on delegated and implementing acts by the Treaty of Lisbon, the EU however aims to address the apparent democratic deficit. This contribution takes up this call and against this backdrop answers the question whether the Lisbon ‘arrangements’ have, indeed, changed ‘things for the better’. It presents a legitimacy review of the post-Lisbon regime on delegated and implementing acts of the last four years. We first look into the concept of legitimacy of EU secondary legislation to assess the post-Lisbon developments. After focusing on the question of whether the legitimacy of secondary legislation has increased since the Lisbon Treaty and in what respect we then turn to the Lisbon institutional and procedural empowerment of the European Parliament in the legislative procedure to see whether it has, in reality, increased the Parliament’s influence and control of EU legislation vis à vis the Council and the Commission. Our findings suggest that the high expectations for improving the legitimacy of EU secondary legislation have not (yet) materialized. Furthermore, facts and figures give cause for doubt as to the feasibility of achieving this objective in the near future.
Primacy of the European Legislature? Delegated Rule-Making and the Decline of the “Transmission Belt” TheoryRob van Gestel
Abstract: According to some a primacy of parliament doctrine is emerging at the EU level in the post-Lisbon era strengthening the position of the EP in the legislative process and tightening the grip on delegated rule-making via the new regime of Article 290/291 TFEU. In reality, however, new problems with delegation have come up, which seem to bypass the normative framework of Article 290/291. It is unlikely that the legitimacy of new modes of delegation can be guaranteed through a ‘transmission belt theory’ in which primary EU legislation serves to transfer democratic legitimacy to the executive, to administrative agencies and to other delegated rule-makers, at the same time constraining their actions so that they advance legislative goals. More attention should be paid to public participation, transparency and judicial review of rules outsourced by the primary legislature.
The Irony of Oversight: Delegated Acts and the Political Economy of the European Union’s Legislative Veto under the Treaty of LisbonKevin M. Stack
Abstract: As part of the Treaty of Lisbon, the European Union adopted a legislative veto mechanism which grants the European Parliament and the Council of the European Union independent authority to revoke delegations to the European Commission or to override elements of the Commission’s “delegated acts.” This article provides a functional assessment of this new provision—Article 290 of the Treaty on the Functioning of Europe—as a basis for evaluating the way in which it alters the grounds of the legitimacy of secondary legislation in the EU. The article argues that Article 290 does little to augment the claim that secondary legislation reflects the views of the Parliament or Council, and ironically may increase the capacity of interest groups to shape the content of the Commission’s secondary legislation. Because the costs of collective action to formally override Commission acts are high for Parliament, principles of political economy predict that the members of Parliament will prefer individual negotiation with the Commission for concessions. Decades of experience with a legislative veto in the United States provide support for this theoretical prediction that a legislative veto’s primary impact in a system of separated powers is to augment negotiations between committees and even individual legislators with executive rule-makers. Yet these often non-transparent negotiations do not represent the Parliament as an institution, and thus do little to enhance the “parliamentary” legitimacy of the Commission’s delegated acts. Article 290’s legislative veto also supplants Member States’ prior gatekeeping role in the Commission’s processes for developing secondary legislation. As a result, this article exposes that with the adoption of Article 290, the primary grounds for the legitimacy of secondary legislation in the European Union—and for the project of EU administrative law—are technocratic and procedural.
The Adoption of Secondary Legislation through Comitology in the EU: Some Reflections on the Regulation (EU) 182/2011 in Comparison with the Pre-Lisbon ReformDaniela Corona
Abstract: The Lisbon Treaty reform provided an important innovation in the EU regulatory activity by differentiating between the legislative delegation (art. 290 TFEU) and the executive delegation (art. 291 TFEU). In so doing, the central role of the European Commission in the Comitology procedures as well as the power of the European Parliament and the Council to control its executive powers have been modified. The new 2011 Comitology Regulation aimed at creating a more intelligible and transparent committees’ system where the EC is expected to act in a stricter framework. The paper argues that the new Regulation preserves the efficiency of the Comitology system; at the same time, however, it does not really improve the level of transparency and clarity in the way in which the committees’ procedures works. Moreover, as the practice clearly shows, the EC continues to enjoy a broad discretion in the adoption of implementing acts.
Catégories: Comparative Law News

JOURNAL: Transnational Legal Theory

mar, 2014-07-29 17:54
The latest issue of Transnational Legal Theory (Hart Publishing) is out.It includes:
Transnational Human Rights Litigation and Territorialised Knowledge: Kiobel and the ‘Politics of Space’Philip Liste
Abstract: In Kiobel v Royal Dutch Petroleum, Dutch and British private corporations were accused of having aided and abetted the violation of the human rights of individuals in Nigeria. A lawsuit, however, was brought in the United States, relying on the Alien Tort Statute—part of a Judiciary Act from 1789. In its final decision on the case, the US Supreme Court focused strongly on ‘territory’. This use of a spatial category calls for closer scrutiny of how the making of legal arguments presupposes ‘spatial knowledge’, especially in the field of transnational human rights litigation. Space is hardly a neutral category. What is at stake is normativity on a global scale with the domestic courtroom turned into a site of spatial contestation. This paper explores the construction of ‘the transnational’ as space, which implicates a ‘politics of space’ at work underneath the exposed surface of legal argumentation. The ‘Kiobel situation’ is addressed as a case belonging to a broader picture, including the following contested elements of space: a particular spatial condition of modern nation-state territoriality; the production of ‘counter-space’, eventually undermining the spatial regime of inter-state society; and the state not accepting its withering away. How are normative boundaries between the involved jurisdictional spaces drawn? How does the ‘politics of space’ work underneath or beyond the plain moments of judicial decision-making? How territorialised is the legal knowledge at work and how does territoriality work in legal arguments?

Private Legal Transplant: Multinational Enterprises as Proxies of Legal HomogenisationTomaso Ferrando
Abstract: Recent decades have been characterised by a surge in foreign direct investments and the expansion of global production networks as a new model of production. However, while hundreds of studies have been produced, little attention has been paid to the legal transformations that are taking place whenever transnational enterprises (TNEs) physically or contractually occupy space within national legal orders. In this article, I expand the scope of the traditional theory of legal transplant to look at foreign direct investments and codes of conduct, and conclude that they create special legal zones—separate sub-regimes where TNEs exercise their de facto jurisdiction. Thus, looking at the micro-mechanisms of legal reproduction we discover the limitedness of traditional theories of legal transplant and that, while critics of legal transplant stand in front of their houses to fight against the hegemony of legal and cultural homogenisation, their enemy is entering by the back door.
The Global Regime of Investor Rights: Return to the Standards of Civilised Justice?David Schneiderman
Abstract: The capital-exporting states of the North Atlantic long insisted that the standards of civilised justice mandated that capital-importing states respect the property rights of their nationals engaged in commercial enterprise abroad. Only a single North Atlantic conception of civilisation worked to provide content for this purported international standard, even as that content was contested by capital-importing states from Latin America and elsewhere. It is said that the construction of a new global legal regime for the promotion and protection of foreign investment, made up of some of some 2,800 bilateral and regional investment treaties, has rendered that debate redundant. The meaning to be attributed to the standards of protection contained in these treaties, however, remains hotly contested by states from the global South. In an attempt to resolve these disputes, scholars are resorting to the law of economically powerful states of the global North, employing methodologies reminiscent of those prevalent in the era of civilised justice
Transnational Legal Assemblages and Global Security Law: Topologies and Temporalities of the ListGavin Sullivan
Abstract: This article examines the UN 1267 Al-Qaida sanctions regime as a technique of global security listing and form of transnational law with distinct legal ordering processes. Conventional literatures frame these sanctions in formalist terms, flattening their complexity. Understanding their qualities and effects demands a dynamic approach capable of grasping how global law unfolds in each of its constitutive dimensions—normative, temporal and spatial. To that end, this paper develops an analytical framework of transnational legal assemblage and deploys it to examine (i) the proposed changes to EU court rules to enable the handling of secret intelligence and (ii) the fortification of exceptional space for pre-emptive security action. Situating this regime within a contested and emergent field of transnational legal assemblage renders it more variegated and contingent than ordinarily thought, opening up different ways of framing the accountability problems, authority claims, normative conflicts and governance practices of global security law.
Establishing the Argumentative DNA of International Law: A Cubistic View on the Rule of Treaty Interpretation and its Underlying Legal Culture(s)Christian Djeffal
Abstract: There is an increasing tendency to frame international legal discourse in terms of regional designations. We speak, for example, of European or American approaches or of Latin American international law. This development could seriously impact the perception of international law. The present article attempts to deepen the understanding of what happens when we think about international law and international legal theory in national or regional terms. The article looks at different approaches to treaty interpretation which have been framed as European and American, to see how this impacts on international legal discourse. In a first step, the two approaches at the Vienna Conference on the Law of Treaties will be explained. Secondly, two narratives will be developed to describe what happened in Vienna in turn as European/American or as international legal discourse. The third part reflects on the consequences of framing concepts and theories in this way, with particular reference to the rules of treaty interpretation.
Catégories: Comparative Law News

ARTICLE: Mootz on Hermeneutics and Law

mar, 2014-07-29 17:32
Francis Joseph Mootz's 'Hermeneutics and Law', to be included in N Keane and C Lawn (eds), The Blackwell Companion to Hermeneutics is available on SSRN:This chapter will appear in a forthcoming book on hermeneutics. After providing a hermeneutical phenomenology of legal practice that locates legal interpretation at the center of the rule of law, the chapter considers three important hermeneutical themes:

(1) the critical distinction between a legal historian writing aboout a law in the past and a judge deciding a case according to the law;

(2) the reinvigoration of the natural law tradition against the reductive characteristics of legal positivism by consturing human nature as hermeneutical; and

(3) the role of philosophical hermeneutics in grounding critical legal theory rather than serving as a quiescent acceptance of the status quo, as elaborated by reconsidering the famous exchanges between Gadamer, Ricoeur and Habermas.

I argue that these three important themes are sufficient to underwrite Gadamer's famous assertion that legal practice has exemplary status for hermeneutical theory. 
Catégories: Comparative Law News

JOURNAL: Jurisprudence: An International Journal of Legal and Political Thought (Hart Publishing)

mar, 2014-07-29 17:00
The latest issue of Jurisprudence: An International Journal of Legal and Political Thought (Hart Publishing) is available. 
Its articles include:
The Jurisprudence Annual Lecture 2014—Law and the Normativity of ObligationThomas Pink
Abstract: The paper examines the natural law tradition in ethics and legal theory. This tradition is shown to address two questions. The first question is to do with the nature of law, and the kind of human capacity that is subject to legal direction. Is law directive of the voluntary—of what is subject to the will, or what can be done or refrained from on the basis of a decision so to do? Or is law directive of some other kind of capacity? The second question is about the nature of ethical normativity, and the relation within normativity of its directive and appraisive aspects. Is direction primary, and appraisal to be explained in terms of a theory of direction; or must a theory of ethical direction be based on a theory of ethical appraisal? Both issues are introduced by reference to Hume’s ethical theory, which raises them in a particularly sharp form. The natural law tradition, in the form it reached by the early modern period, is shown to combine giving a primacy to the appraisive in normative theory, with, in legal theory, a detachment of law from any exclusive tie to the direction of the voluntary. At the heart of the theory of natural law is the idea of law as a distinctive form of normativity directive of a capacity not for voluntariness, but for self-determination. Combined with a view of the state not just as a coordinative authority but as a coercive teacher, this led to a distinctive and highly controversial view of the scope of positive law. The paper ends with Hobbes’s sharp opposition to this view of positive law—an opposition that focused, in particular, on the coercive legal direction of belief.
Chewing Cud: Revisiting Hart and JurisprudenceAllan C Hutchinson
Abstract: The recent publication of a lost essay by Herbert Hart is important for an historical appreciation of his work, but its likely celebration is a sad testament to the poverty and lethargy of contemporary legal thought. I use this occasion to review the state and condition of contemporary legal theorising. After positioning Hart’s essay in the prevailing jurisprudential milieu, I highlight the thrust and the failings of the three main traditional approaches to contemporary legal theorising (ie, positivism, naturalism and formalism) in regard to the nature and operation of ‘judicial discretion’. Then, I suggest an alternative approach to legal theorising that recommends a more satisfying way of proceeding.
Why Jurisprudence Is Not Legal PhilosophyRoger Cotterrell
Abstract: The aim of this article is to describe and defend jurisprudence as an enterprise of theorising about law that is distinct from what is now understood as legal philosophy in the Anglophone world. Jurisprudence must draw on legal philosophy but also from many other resources. It should be an open quest for juristically (rather than philosophically) significant insights about law. Its purpose is to inform and guide the juristic task of making organised social regulation a valuable practice, rooted and effective in the specific contexts and historical conditions in which it exists but also aimed at serving demands for justice and security through regulation, as these perennial values are understood in their time and place, and as they might be further clarified and reconciled as legal ideals.
Hobbesian Sovereigns and the Question of Supra-State AuthoritySylvie Loriaux
Abstract: Thomas Hobbes has often been portrayed as supporting a ‘realist’ view of international relations—a view in which everything is permitted among states, in which the insecurity of the international sphere justifies states in unrestrainedly pursuing the national interest. Yet, as this paper aims to show, this interpretation is not without difficulties. It overshadows both the advantages that Hobbes believes can be gained from interstate cooperation and the fundamental role he attributes to a superior common authority in making cooperative ventures stable and lasting. More specifically, this paper brings into relief the important limitations that Hobbes’s natural law theory places on sovereigns’ freedom of action. It also argues that the most frequently advanced disanalogies between the Hobbesian interpersonal and interstate states of nature fail to explain why it would be irrational for Hobbesian sovereigns to submit to a supra-state authority; the main obstacle is instead to be found in Hobbes’s (questionable) absolutist conception of sovereignty.
Catégories: Comparative Law News

JOB: Tenure-track Assistant Professor of Criminology and Law Studies at Marquette University

mar, 2014-07-29 16:47
Tenure-track Assistant Professor of Criminology and Law Studies at Marquette University

Marquette University (Milwaukee, Wisconsin) is searching for a tenure-track Assistant Professor of Criminology and Law Studies. A doctorate in criminology, criminal justice, sociology or a related field is required. The position announcement is attached. Queries can be addressed to department chair, Jane Peterson by email at jane.peterson@marquette.edu.

Review of candidates will begin on October 1, 2014.
Catégories: Comparative Law News

JOB: Tenure-track position in Public Law/Law & Society

mar, 2014-07-29 16:43
Tenure-track position in Public Law/Law & Society at the Division of Politics, Administration and Justice at the California State University, Fullerton
The Division of Politics, Administration and Justice at the California State University, Fullerton (CSUF) is seeking a tenure-track colleague in Public Law/Law & Society. We welcome applications from candidates from all areas of specialization within Public Law/Law & Society. Thematically, we are particularly interested in reviewing application materials from individuals whose teaching and research speak to: gender, race, law, inequality, and subordinated identities; culture, ancestry & political status; and international perspectives (e.g. global human rights); religion, sexual and gender identity. We welcome applications from all methodological traditions but prefer candidates who are experienced and open to a mix of quantitative, qualitative, and interdisciplinary methodologies.
More information at http://diversity.fullerton.edu/jobs/ft/public_law.asp

Deadline for applications is October 1, 2014.
Catégories: Comparative Law News

ARTICLE: De-Gioia Carabellese on Diachronic and Comparative Reflections in the Matter of the Concept of the Arrha

mar, 2014-07-29 16:33
The curiously titled 'Diachronic and Comparative Reflections in the Matter of the Concept of the Arrha: A Roman Law Notion Lost in the Modern Scottish System and the Renowned (But Probably Not Totally Demonstrated) 'Binding' Nature of the Missives', by Pierre De-Gioia Carabellese, is on SSRN.

The abstract reads:

A jurisdiction such as the Scottish one, reputedly with solid Roman roots, is practically bereft of the fundamental concept of a deposit in the concluding passage of the missives. Alternatively, the relevant "ancestor" (Roman law) has been profoundly permeated, throughout the course of its history, by the notion of an arrha (the earnest) in the conclusion of a contract annexed to the transfer of heritable properties. Moreover, in contemporary times and outwith Scotland, a Continental jurisdiction (the Italian one) is resolutely lingering on the Roman caparra penitenziale while, ironically, the English system (comprehensively "un-Roman" in its formation) has expressly adopted the "deposit" as part of the closing particulars. 

These asymmetries and crossovers, brim-full with inviting legal ingredients, seem, in the present work, to conjure up an intriguing and captivating plot worthy of an Indiana Jones' film, where the lost treasure can be deemed replaceable, for the distracted reader, by the ancient Roman notion of an arrha, so evidently not inherited by the contemporary Scottish jurisprudence. Ultimately, the contribution engenders the usual unsettling query: in the light of the phenomenology of the arrha so neglected in Scotland in contemporary times, is Scottish law still a mixed legal system or, conversely, a jurisdiction progressively getting closer to the English common law counterpart?!!! 
Catégories: Comparative Law News

CALL FOR SUBMISSIONS: Trade, Law and Development

mar, 2014-07-29 16:24
The Board of Editors of Trade, Law and Development [TL&D] is pleased to invite original, unpublished manuscripts for publication in the Winter ‘14 Issue of the Journal (Vol. 6, No. 2) in the form of Articles, Notes, Comments, and Book Reviews.Manuscripts received by September 17, 2014 pertaining to any area within the purview of international economic law will be reviewed for publication in the Winter ‘14 issue.TL&D aims to generate and sustain a democratic debate on emerging issues in international economic law, with a special focus on the developing world. Towards these ends, we have published works by noted scholars such as Prof. Petros Mavroidis, Prof. Mitsuo Matsuhita, Prof. Raj Bhala, Prof. Joel Trachtman, Gabrielle Marceau, Simon Lester, Prof. Bryan Mercurio, Prof. E.U. Petersmann and Prof. M. Sornarajah among others. TL&D also has the distinction of being ranked the best journal in India across all fields of law for three consecutive years and the 10th best trade journal worldwide by Washington and Lee University, School of Law [The Washington & Lee Rankings are considered to be the most comprehensive in this regard]]For more information, please go through the submission guidelines available at www.tradelawdevelopment.com or write to us at editors[at]tradelawdevelopment.com
Catégories: Comparative Law News

JOURNAL: The German Law Journal

mar, 2014-07-29 16:18
The following was recently sent by the Editor-in-Chief of the German Law Journal:
Dear Readers,
We are pleased to announce the publication of the July issue of the German Law Journal:
“Pas d’ Europe sans d’Allemagne.”
In an essay published in Le Monde in September, 1947—amid the still smoldering embers of the war—the French jurist and sociologist Maurice Duverger raised the challenging prospect that there could be no Europe without Germany. That may be truer today than ever before. One of the pistons firing in the German engine at the heart of today’s Europe is the country’s influential jurisprudence. As long as this is true, the German Law Journal’s coverage will account for the intersection of German and European law. We have done that in remarkable fashion in this, the fourth issue of volume fifteen. Peter Lindseth, in his provocative and insightful article, responds in part to the claims former German Constitutional Court Justice Udo Di Fabio has made about the limits on the democratic possibilities of a united Europe. Lindseth is referring to a German debate and by doing so he is helping frame the broader discussion about European democracy. Roderic O’Gorman can point, in part, to German policy in the Eurozone crisis as a basis for the difficult austerity program Ireland is pursuing. And with some well-placed academic irony, O’Gorman resorts to the German constitutional jurisprudence recognizing a right to a subsistence minimum of social welfare support as the basis for criticizing the German insistence on austerity as part of the Eurozone recovery. Stefan Thiel surveys European constitutional courts’ Lisbon Treaty judgments, including the decisions of the Czech Constitutional Court, the French Conseil constitutionnel, and the Polish Constitutional Tribunal. But the German Constitutional Court’s seminal 2009 decision helped set the tone and framework for these dramatic domestic constitutional engagements with Europe. That decision is given thorough treatment in Thiel’s article. Even Gábor Spuller’s article on developments in Hungarian constitutional law recognizes that this is both a European story as well as a story about the influence of German law and legal institutions, if only as models, in Hungary.

The Developments section has two remarkable contributions as well: Marc Englehart’s survery of economic criminal law; and Robert Muharremi’s thoughtful examination of Kosovo’s nascent constitutional law and its possible conflicts with international law. 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 Journal enjoys 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 are also pleased to announce, in conjunction with the Centre for Security and Society at the University of Freiburg, 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. The German Law Journal has often served as a platform for transatlantic dialogue amongst lawyers, jurists and legal scholars at points of significant disagreement.
Finally, I am once again obliged to acknowledge the conscientious and professional work of the student editors at Washington & Lee University. Without their dedication the German Law Journal could not publish.
As ever – happy reading – in what I hope has turned out to be both a restful and productive (despite the compelling spectacle in Brazil!) summer.
Russell Miller Editor-in-Chief
Catégories: Comparative Law News

BOOK: Vanoverbeke, Maesschalck, Nelken, and Parmentier on The Changing Role Of Law In Japan

mar, 2014-07-29 16:18
Elgar has published The Changing Role Of Law In Japan: Empirical Studies in Culture, Society and Policy Making:

Edited by Dimitri Vanoverbeke, Professor of Japanese Studies, University of Leuven (KU Leuven), Belgium, Jeroen Maesschalck, Professor of Criminology, Faculty of Law, University of Leuven (KU Leuven), Belgium, David Nelken, Distinguished Professor of Legal Institutions and Social Change, University of Macerata, Italy and Professor of Comparative and Transnational Law, King’s College London, UK and Stephan Parmentier, Professor of Sociology of Crime, Law, and Human Rights, University of Leuven (KU Leuven), Belgium
‘The role of culture in the operation of Japanese law is one of the great questions of sociolegal studies. Discussions tend to polarize, between a simplistic view of cultural determinism and a more universalist approach that emphasizes institutions. This superb collection, with a diverse and accomplished set of contributors, takes culture seriously. It shows how legal institutions have both shaped and been shaped by Japanese legal culture. A state-of-the art assessment of Japanese law after more than a decade of reforms, this book is a must for anyone interested in understanding legal culture more broadly.’
–Tom Ginsburg, University of Chicago Law School, US

‘The Changing Role of Law in Japan is a path-breaking work of comparative legal scholarship, offering a fresh and compelling perspective on the Japanese legal system that makes it essential reading for anyone interested in the role of law in industrialized democracies. The editors present a convincing case for putting a dynamic conception of culture at the heart of comparative legal studies, while simultaneously demonstrating the wisdom of comparing Japanese law and legal institutions to their European rather than their American counterparts. This is a volume that will be read, and debated, for years to come.’
– Eric A. Feldman, University of Pennsylvania Law School, US

The Changing Role of Law in Japan offers a comparative perspective on the changing role of law in East Asia, discussing issues such as society, cultural values, access to the legal system and judicial reform. This innovative book places Japan in the wider context, juxtaposed with Europe, rather than the US, for the first time.

Parallel to Japan’s rise to economic prominence on the world scene in the 1960s, law and legal thinking in the country have become the focus for academic research in various respects. One recurring question has been how Japan managed to become one of the most important economic actors in the world, without the legal infrastructure usually associated with complex economic activities. This book addresses many current issues that illustrate important changes in Japanese society and its political and legal systems. The authors investigate fundamental questions about the precise role of law and the courts in Japan, and try to go beyond the classical paradigm that attributes the particularities of Japan to its unique culture or its exceptional position. The various contributions to this book all demonstrate the importance of challenging existing conceptions and revisiting them through meticulous socio-legal and empirical research.

This book will appeal to scholars of sociology of law, international studies and those interested in a transnational approach to the legal framework. Graduate students dealing with law in Asia, intellectual property, patent law and competition law will also find much relevance in this interesting and stimulating book.
Catégories: Comparative Law News