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

mar, 01/20/2015 - 06:25

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

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

CALL FOR PAPERS Extended: Juris Diversitas Annual Conference

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

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

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

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

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

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

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


Catégories: Comparative Law News

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

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

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

LAUNCHES: Juris Diversitas Books/LLM in Jersey Law

mar, 01/13/2015 - 10:08

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

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

CALL FOR PAPERS: The State and/of Comparative Law

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

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

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

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

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

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

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

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

CALL FOR APPLICATION: French speaking international legal expert trainer

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

CALL FOR PAPERS: IUAES Inter-Congress 2015

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

JURIS DIVERSTIAS: President's Message 2014

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

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

mar, 12/30/2014 - 10:17
CALL FOR PAPERSJURIS DIVERSITASANNUAL CONFERENCE  2-4 June 2015School of Law, University of LimerickLimerick, IrelandTHE STATE AND/OF COMPARATIVE LAW
[Note that the Irish Society of Comparative Law annual conferences will be held in Limerick immediately afterwards. Its theme is ‘Comparative Law: From Antiquity to Modernity’ and the same proposal may be submitted for both conferences. See here.]

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

SPD: Best Wishes

mer, 12/24/2014 - 06:14
Best wishes from me (and my traditions) to you and yours!
Catégories: Comparative Law News

ARTICLE ANNOUNCEMENT: "Tracing an Outline of Legal Complexity"

lun, 12/08/2014 - 05:53
From: Ratio Juris, Vol. 27, Issue 4, pp. 477-495, 2014 (click here to buy this article from SSRN)by: TOM WEBB, Lancaster University Law School
Email: t.webb@lancaster.ac.ukAutopoiesis and systems theory are terms often treated as synonymous by lawyers. This sleight‐of‐phrase elides the space between autopoiesis and systems theory, removing its content. Within this eliminated space there exist numerous understandings of systems approaches in law; one such understanding is complexity theory. Complexity theory entails a very different systems view of law to that of autopoiesis. In this paper I explore the concepts of complexity and their relevance to law. In tracing an outline of complexity, a number of contradictions, paradoxes, and additional questions are exposed which require further detailed analysis in the future.
Catégories: Comparative Law News

JURIS DIVERSITAS (BOOK): Palmer, Mattar, and Koppel (eds) on Mixed Legal Systems, East and West

lun, 12/08/2014 - 05:38

Advance publication information is now available on anupcoming Juris Diversitas title
Vernon Valentine Palmer,Mohamed Y Mattar, and Anna Koppel (eds),Mixed Legal Systems, East and West
Advancing legal scholarship in the area of mixed legal systems, as well as comparative law more generally, this book expands the comparative study of the world’s legal families to those of jurisdictions containing not only mixtures of common and civil law, but also to those mixing Islamic and/or traditional legal systems with those derived from common and/or civil law traditions.
With contributions from leading experts in their fields, the book takes us far beyond the usual focus of comparative law with analysis of a broad range of countries, including relatively neglected and under-researched areas. The discussion is situated within the broader context of the ongoing development and evolution of mixed legal systems against the continuing tides of globalization on the one hand, and on the other hand the emergence of Islamic governments in some parts of the Middle East, the calls for a legal status for Islamic law in some European countries , and the increasing focus on traditional and customary norms of governance in post-colonial contexts. 
This book will be an invaluable source for students and researchers working in the areas of comparative law, legal pluralism, the evolution of mixed legal systems, and the impact of colonialism on contemporary legal systems. It will also be an important resource for policy-makers and analysts.
Advance reviews include the following:
‘Globalization is leading to the convergence of legal systems and traditions - from all across the world. Helping us to understand what the future of the law may look like, this book presents findings from those living legal laboratories - the “Mixed Legal Systems”. The book presents findings from the usual civil/common law mixed systems and the non-western, religious and philosophical-based legal systems. Such a comprehensive approach provides the reader with a sophisticated appreciation of the real mixing that is taking place and consequently provides a better feel for what might be the future of the law on Earth.’
Colin Picker, the University of New South Wales, Australia

‘Many of the legal systems discussed in the present volume have not been the subject of academic analysis in the past, and in that sense, it constitutes an original and refreshing contribution to the history and jurisprudence of mixed legal systems. The focus on the indigenous, customary and religious systems of the East, with special emphasis on Islamic law, is highly relevant to contemporary developments all over the world as the legal boundaries between West and East shift, and mixed systems become more prevalent. This book provides an indispensable guide to what is rapidly becoming one of the most important fields in this branch of comparative legal studies.’
Tamar Gidron, The College of Management Academic Studies, Israel
Catégories: Comparative Law News

JURIS DIVERSITAS: Ashgate Publishing - Special offer to Juris Diversitas members

lun, 12/08/2014 - 05:31
Ashgate Publishing - Special offer to Juris Diversitas members

In addition to hosting our book series and a partner page, Ashgate Publishing is delighted to offer members of Juris Diversitas a special discount of 20% on all Ashgate’s titles. You may wish to start by browsing with the following links: 

 Here's how to claim your discount: 
  1. Make a note of the discount code: A14IKT20
  2. Add the book(s) you want to order to your basket by pressing the Add to Basket button.
  3. Once you enter the checkout stage you need to enter the discount code: A14IKT20 in the box marked Promotional Code in Step 1 of the basket.
  4. Press the Update Basket button and you will see the discount applied to qualifying titles in your basket.
  5. Proceed through steps 2-4 to confirm your order.
Catégories: Comparative Law News

BOOK ANNOUNCEMENT: The Evolution of Law and the State in Europe

mer, 12/03/2014 - 11:27
A new book from Hart Publishing by Spyridon Flogaitis. Click here to buy this title.
Most books about public power and the state deal with their subject from the point of view of legal theory, sociology or political science. This book, without claiming to deliver a comprehensive theory of law and state, aims to inform by offering a fresh reading of history and institutions, particularly as they have developed in continental Europe and European political and legal science. Drawing on a remarkably wide range of sources from both Western and Eastern Europe, the author suggests that only by knowing the history of the state, and state administration since the twelfth century, can we begin to comprehend the continuing importance of the state and public powers in modern Europe. In an era of globalization, when the importance of international law and institutions frequently lead to the claim that the state either no longer exists or no longer matters, the truth is in fact more complex. We now live in an era where the balance is shifting away from the struggle to build states based on democratic values, towards fundamental values existing above and beyond the borders of nations and states, under the watchful gaze of judges bound by the rule of law.
Catégories: Comparative Law News

BOOK ANNOUNCEMENT: The law of superheroes

mer, 12/03/2014 - 11:18
An intriguing and entertaining look at how America’s legal system would work using the world of comic books.

The dynamic duo behind the popular website LawAndTheMultiverse.com breaks down even the most advanced legal concepts for every self-proclaimed nerd.

James Daily and Ryan Davidson—attorneys by day and comic enthusiasts all of the time—have clearly found their vocation, exploring the hypothetical legal ramifications of comic book tropes, characters, and powers down to the most deliciously trivial detail.

The Law of Superheroes asks and answers crucial speculative questions about everything from constitutional law and criminal procedure to taxation, intellectual property, and torts, including:
  • Could Superman sue if someone exposed his true identity as Clark Kent?
  • Are members of the Legion of Doom vulnerable to prosecution under RICO?
  • Do the heirs of a superhero who comes back from the dead get to keep their inherited property after their loved one is resurrected?
  • Does it constitute “cruel and unusual punishment” to sentence an immortal like Apocalypse to life in prison without the possibility of parole?
Engaging, accessible, and teaching readers about the law through fun hypotheticals, The Law of Superheroes is a must-have for legal experts, comic nerds, and anyone who will ever be called upon to practice law in the comic multiverse.
Catégories: Comparative Law News

CALL FOR PAPERS: 25 YEARS AFTER THE TRANSFORMATION - LAW AND LEGAL CULTURE IN CENTRAL AND EASTERN EUROPE BETWEEN CONTINUITY AND DISCONTINUITY

mer, 12/03/2014 - 08:17
Deadline: 31 December 2014
Quarter of a century ago, attheturn of 1989 and 1990, Central and Eastern Europe - then known as the ‘Soviet bloc’ - experienced an unprecedented socio-economic and political transformation. The hitherto existing system, known as ‘Actually Existing Socialism’, crumbled, and countries of the region started a transition towards a capitalist market economy and a political democracy.
The aim of the conference is to focus on the socio-legal aspects of the transformation. Whilst some areas, such as lustration and transitional justice, have been already thoroughly researched, others such as the impact of transformation upon private law, procedural law or general administrative law still remain to be analysed in more detail. In particular, an aspect which is generally neglected in contemporary scholarship are so-called ‘legal survivals’ of the socialist period, that is those legal institutions which have not been removed after transformation but still remain in place. Furthermore, some scholars argue that there is a strong continuity in legal culture, such as attitudes of judges and scholars to legal interpretation or generally held views on the place of law in society. Our aim is to invite a broad outlook upon the socio-legal aspects of transformation, including the role of law in the transformation of social conciousness, the construction of collective identities and the framing of social dialogue.

The conference will take place at the Masaryk University (Brno, Czech Republic), on 16-17.4.2015. 
Click here for the full text of this call.
Catégories: Comparative Law News

CALLS FOR PAPERS - BACK-TO-BACK CONFERENCES: Juris Diversitas (2-4 June 2015) and Irish Society of Comparative Law (5-6 June 2015)

mar, 12/02/2014 - 09:22
NOTE: CALLS FOR PAPERS
The Juris Diversitas and Irish Society of Comparative Law annual conferences will be hosted back-to-back at the School of Law of the University of Limerick in Limerick, Ireland.
The theme of the former is ‘The State and/of Comparative Law’; the theme of the latter is ‘Comparative Law: From Antiquity to Modernity’.
See the links here and here.
Catégories: Comparative Law News

CALL FOR PAPERS: The State and/of Comparative Law - Juris Diversitas Conference (2-4 June 2015 - Limerick, Ireland)

lun, 12/01/2014 - 14:24
CALL FOR PAPERSJURIS DIVERSITASANNUAL CONFERENCE  2-4 June 2015School of Law, University of LimerickLimerick, Ireland
THE STATE AND/OF COMPARATIVE LAW
While any proposal on comparative law (broadly conceived) will be considered, the conference’s primary theme is the relationship between social and legal norms and social and legal institutions. In memory of Roderick A Macdonald (1948-2014) and H Patrick Glenn (1940-2014), both former members of our Advisory Council, particular attention will be given to the diverse themes of their scholarship: for example, ‘common laws’, ‘constitutive polyjurality’, ‘critical legal pluralism’, ‘everyday law’, and ‘legal cosmopolitanism’.
As with our past conferences, proposals on a wide variety of topics will be accepted: comparative jurisprudence and legislation, legal philosophy, legal education, law reform, etc. Presentations may be theoretical analyses or case studies on the past or present, North or South, East or West ….
Panel proposals and interdisciplinary presentations are strongly encouraged, as is the participation of doctoral students and scholars from outside of the discipline of law. While parallel sessions of three twenty-minute presentations will be used, we welcome more original session structures.
Proposals should be in English or French. Proposals of c250 words (or 1000 words for panel proposals) should be submitted to Olivier Moréteau at moreteau@lsu.edu by 15 January 2015, with a short biography or resume (c250 words). Please send Word documents only, with minimal formatting.
Registration fees are €200 (€125 for Juris Diversitas members paid up for 2015). Membership and fee payment information is available on the Juris Diversitas Blog (http://jurisdiversitas.blogspot.ie/). Note that fees don’t cover travel, accommodation, or the conference dinner (€50).
Catégories: Comparative Law News

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