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ARTICLES: Philosophy of Law

lun, 2014-05-19 03:49
SSRN's Philosophy of Law eJournal, vol. 7 No. 52, has just been published.

Table of contents:


Facts, Reasons and Joint Action: Thoughts on the Social Ontology of LawRichard Ekins, University of Oxford - Faculty of Law
Law's Evolution and Law as CustomWilliam A. Edmundson, Georgia State University College of Law
Split Definitive: How Party Polarization Turned the Supreme Court into a Partisan CourtNeal Devins, William & Mary Law SchoolLawrence Baum, Ohio State University (OSU) - Department of Political Science
Litigation Investment and Legal Ethics: What Are the Real Issues?Anthony J. Sebok, Yeshiva University - Benjamin N. Cardozo School of Law
Imaginary Contradictions: A Reply to Professor OleskeDouglas Laycock, University of Virginia School of Law
Massachusetts Statutes of Limitations: A User's GuideJoseph W. Glannon, Suffolk University Law School

Catégories: Comparative Law News

CALL FOR PAPERS: African Courts: Actors, Institutional Developments and Governance

lun, 2014-05-19 03:47
There is a Call for Papers for the workshop “African Courts: Actors, Institutional Developments and Governance” at the LASDEL Niamey, Niger. Funded by the DFG and Point Sud on December 4th − 10th, 2014. Deadline for applications: May, 31st 2014  (see the call)
Catégories: Comparative Law News

CONFERENCE: Superdiversity: Theory, Method and Practice

mer, 2014-05-14 05:33
CONFERENCE:  Superdiversity:  Theory, Method and Practice Registration for delegates for the international conference on Superdiversity: Theory, Method and Practice is now open. Deadline for registration is 1 June 2014. Register online here The conference is organised by the Institute for Research into Superdiversity (IRiS) and will be held at the University of Birmingham on 23-25 June 2014. The conference will feature over 120 papers, including keynote speeches, academic and policy panels, workshops and posters on topics at the forefront of the superdiversity research agenda.Keynote speakers include: Jan Blommaert (University of Tilburg), Peggy Levitt (Wellesley College), James Nazroo (University of Manchester), Jenny Phillimore (University of Birmingham), Gill Valentine (University of Sheffield), and Steven Vertovec (Max Planck Institute for the Study of Religious and Ethnic Diversity).The registration fee (full fee £200, concession fee £150) covers delegate pack, lunches (23, 24 and 25 June). Conference dinner (£35) on 23 June is not included in the conference fee and should be booked via the online shop separately. Travel and accommodation are not covered by the registration fee. Delegates will need to make their own arrangements. For further information, please visit the conference webpage.
Catégories: Comparative Law News

WORKSHOP PROGRAMME: The Method and Culture of Comparative Law

mer, 2014-05-14 04:46
THE METHOD AND CULTURE OF COMPARATIVE LAWA workshop on epistemology, globalisation and context15-17 May 2014 - Ghent, Belgium

Participants include: Jacco Bomhoff, Roger Brownsword, Seán Patrick Donlan, Patrick Glenn, Matthew Grelette, Jaap Hage, Jaakko Husa, Susan Millns, David Nelken, Heikki Pihlajamäki, Geoffrey Samuel,Mathias Siems, Catherine Valcke, Rob Van Gestel, and Alain Wijffels.Thursday, May 15th Epistemology session14.00 Introduction by Maurice Adams (Tilburg)14.15 What is Legal Epistemology?Geoffrey Samuel (Canterbury, Kent)14.45 Comparative Law as Method and the Method of Comparative LawJaap Hage (Maastricht)15.15 Research-Designs of Comparative Law – Methodology or Heuristics?Jaakko Husa (Rovaniemi, Lapland)15.45 discussion16.15 break16.45 Three Functions of Function in Comparative LawCatherine Valcke and Matthew Grellette (Toronto)17.15 Against Method? Patrick Glenn (McGill, Montreal)17.45 discussion
19.30 short visit to the law faculty buildings, followed by a drink
Friday, May 16thMorning session on Globalisation09.30 Ius Commune, Comparative Law and Public GovernanceAlain Wijffels (Leiden, Louvain-la-Neuve, and Leuven)10.00 Things Being Various: Normativity, Legality, State LegalitySeán Donlan (Limerick)10.30 discussion11.00 break

11.30 The Curious Case of Overfitting Legal TransplantsMathias Siems (Durham)12.00 Making the Case for European Comparative Legal Studies in Public Law Susan Millns (Brighton, Sussex)12.30 discussion13.00 lunch
Friday, May 16thAfternoon session on Context14.30 Comparative Contexts in Legal History: Are We All Comparatists Now?Heikki Pihlajamäki (Helsinki)15.00 Comparative Law and EU-legislation: Inspiration, Evaluation or Justification? Rob van Gestel (Tilburg)15.30 discussion16.00 break16.30 Comparatively Speaking: ‘Law in its Regulatory Environment’Roger Brownsword (King’s College, London)17.00 discussion
19.30 dinner
Saturday, May 17thClosing session10.00  Taking account of the empirical and comparative law David Nelken (Macerata/Kings College/London)10.50 reply to Nelken by Jacco Bomhoff (LSE, London)11.10 discussion12.00 Conclusions by Dirk Heirbaut (Ghent)12.30 end of the workshop
Venue: -          on 15 and 16 May: Ghent University Conference Center ‘Het Pand’, Onderbergen 1, Ghent www.ugent.be/het-pand/en/accessibility-          on 17 May: Facultaire Raadzaal, Ghent Law Faculty, Voldersstraat 3, Ghent
Workshop papers: All papers presented on 15 and 16 May will be published, together with some more papers, in ‘The Method and Culture of Comparative Law. Essays in Honour of Mark VanHoecke, edited by M.Adams and D.Heirbaut with Hart Publishing, Oxford. This book is expected to appear by the time of the Workshop.
Fees: A limited number of places are available for interested researchers. The fees are 140 €, including lunch on Friday and the book with the workshop papers. They amount to 190 € for those who also want to take part in the dinner on Friday. Registration with the enclosed registration form. Payment of the fees upon receipt of the invoice.
Boat trip: On Saturday afternoon (14-18 hrs) there will be a trip on the picturesque river Leie, on a reconstructed historical boat (tow barge used on the canal Ghent-Bruges in early 19th century). Price for taking part in this boat trip is 20 €
Catégories: Comparative Law News

WORKSHOP: The Method and Culture of Comparative Law

mar, 2014-05-13 06:50
THE METHOD AND CULTURE OF COMPARATIVE LAWA workshop on epistemology, globalisation and context15-17 May 2014 - Ghent, Belgium
Participants include: Jacco Bomhoff, Roger Brownsword, Seán Patrick Donlan, Patrick Glenn, Matthew Grelette, Jaap Hage, Jaakko Husa, Susan Millns, David Nelken, Heikki Pihlajamäki, Geoffrey Samuel,Mathias Siems, Catherine Valcke, Rob Van Gestel, and Alain Wijffels.
Additional information is available here. The programme is available here
All papers presented on 15-16 May will be published, together with some other papers, in M Adams and D Heirbaut (eds), The Method and Culture of Comparative Law: Essays in Honour of Mark Van Hoecke (Hart Publishing).
Catégories: Comparative Law News

CALL FOR PAPERS: Spatial Justice and Diaspora: Law, Chaos and Postcoloniality Critical Legal Conference

mar, 2014-05-13 04:21
 A call for papers has been issued:Spatial Justice and Diaspora: Law, Chaos and Postcoloniality Critical Legal Conference, University of Sussex,
Brighton UK     4th-6th September 2014

DEADLINE JUNE 30TH 2014
This stream will engage with critical theories of spatiality in relation to issues of postcoloniality, globalisation, diaspora, and migration. It will interrogate scales of legality across multiple jurisdictions and consider the development of an aesthetics of resistance in diasporic communities. In an increasingly interconnected, globalised world, there is a growing demand fora recognition of  processes of adaptation and resistance in the form  of legal pluralism as a historical contingency. This demand varies in  its articulation, from decolonial refraction to the empirical  negotiation of diasporic laws and the call for a redefinition of the  nation-state as the irrevocable centre . This stream will ask critical questions about the constantly  metamorphosing definition of the limit of the border in the face of  disorientating diaspora, the migration of law ,  and complex relations  of belonging. It invites papers that address the need to theorise  tempo-spatiality in law and consider how this embryonic chaos may be  filtered through transjurisdictional practice in all its many forms  and guises.

We are looking for papers from a wide variety of disciplines on (but  not limited to) the following themes:
 - diaspora communities and law - postcolonial identity and resistance- legal pluralism- globalisation and concepts of belonging - critical migration law


 Please send abstracts (max 250 words) to:
 Emma Patchett, epatc_01@uni-muenster.de
Sarah Keenan, sk128@soas.ac.uk
 See http://www.sussex.ac.uk/law/newsandevents/clc/streamsfor further information
Catégories: Comparative Law News

ARTICLE: We are not Born Alone and We Do Not Die Alone - Protecting Intergenerational Solidarity and Refraining Cain-ism Through Forced Heirship

mar, 2014-05-13 04:20
 The article 'We Are Not Born Alone and We Do Not Die Alone: Protecting Intergenerational Solidarity and Refraining Cain-ism Through Forced Heirship' by Albert Lamarca Marques is now available on SSRN
Abstract:


English Abstract: In the current academic debate on family and succession law, the abolition or reform of forced heirship is often advocated. It is argued that this institution does not respond to the expectations and needs of today’s society. In the realm of freedom embodied by testate succession by will, the mandatory share is framed as a contradictory restriction on the individual right to decide freely. This paper contributes to the debate on the legal and social basis of forced heirship by offering a moderate defence of the institution. I argue that forced heirship actually protects individual choice while also respecting intergenerational ties. Moreover, the institution restrains competition and opportunistic behavior among siblings. It reflects the reality that we are alone in neither birth nor death and it reins in the Cain-like tendencies that threaten to tear apart families.

Spanish Abstract: En el debate académico reciente sobre el Derecho de Familia y Sucesiones es un lugar común plantear la reforma o la abolición de la legítima. Se argumenta que esta institución no responde a las expectativas y necesidades de la sociedad actual. En un reino de libertad, como es el de la sucesión testada, la legítima supone una restricción contradictoria con el derecho de las personas a decidir libremente sobre una parte de su patrimonio. Este trabajo intenta contribuir al debate sobre los fundamentos jurídicos y sociales de la institución de la legítima, así como sobre su mantenimiento, con la discusión de algunos de los argumentos en su contra, ofreciendo una moderada defensa de la misma, sobre la base de considerar que todavía existen buenas razones para abogar en su favor. La legítima protege la libertad individual respetando a la vez los vínculos intergeneracionales, y previene las conductas oportunistas y la competencia entre hermanos, Este instituto refleja el hecho que no estamos solos al nacer ni tampoco cuando morimos, y puede ser útil para mitigar el cainismo que tanto amenaza la convivencia familiar.
Catégories: Comparative Law News

ARTICLE: Indigenous Land Claims in Europe

mar, 2014-05-13 04:20

The article "Indigenous Land Claims in Europe"   by Ghislain Otis and Aurelie Laurent in Indigenous Nations & Peoples Law eJournal is now available on SSRN.This study examines the potential impact of recent developments in international human rights law relating to indigenous land claims on the protection of property under the European Convention on Human Rights. In a departure from colonial law the authors show how the doctrine of ancestral indigenous land title has recently been incorporated into international human rights law. This development, however, has yet to occur within the regime of the European Convention. The authors argue that the new decolonized approach to property can and should be adopted by the European Court of Human rights in its interpretation of Article 1 of Protocol No. 1 of the European Convention.
Catégories: Comparative Law News

CONFERENCE: Superdiversity - Theory, Method and Practice

mar, 2014-05-13 04:19

Registration for delegates for the international conference on Superdiversity: Theory, Method and Practice is now open. Deadline for registration is 1 June 2014.  Register online hereThe conference is organised by the Institute for Research into Superdiversity (IRiS) and will be held at the University of Birmingham on 23-25 June 2014. The conference will feature over 120 papers, including keynote speeches, academic and policy panels, workshops and posters on topics at the forefront of the superdiversity research agenda.Keynote speakers include: Jan Blommaert (University of Tilburg), Peggy Levitt (Wellesley College), James Nazroo (University of Manchester), Jenny Phillimore (University of Birmingham), Gill Valentine (University of Sheffield), and Steven Vertovec (Max Planck Institute for the Study of Religious and Ethnic Diversity).
The registration fee (full fee £200, concession fee £150) covers delegate pack, lunches (23, 24 and 25 June). Conference dinner (£35) on 23 June is not included in the conference fee and should be booked via the online shop separately. Travel and accommodation are not covered by the registration fee. Delegates will need to make their own arrangements. For further information, please visit the conference webpage
Catégories: Comparative Law News

ARTICLE: Licari on Gény

lun, 2014-05-12 09:53

Our good friend François-Xavier Licari (Université de Lorraine) has posted his 'François Gény in Louisiana' on SSRN at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2432634:


In his book "François Gény and Modern Jurisprudence" (LSU Press, 1978), Jaro Mayda wrote (p.69): "The important point…is that, despite the art represented by the current literature, the pragmatic temper of America and of its mixed jurisdictions, such as Louisiana, may well be the environment that will send Gény’s themes toward their integration into a rational, modern jurisprudence". This paper tells the story of the realization of this scholarly prophesy. It identifies sociological, historical and cultural factors that contributed to Louisiana's unique reception of the "free objective search for a rule" as set forth in François Gény's manifesto, "Méthode d'interprétation et sources en droit privé positif". It also studies expressions of such successful reception, analyzing some leading cases of the Louisiana Supreme Court.

The article originally appeared in the Journal of Civil Law Studies here.
Catégories: Comparative Law News

CONFERENCE: Judaism Law and Literature

lun, 2014-05-12 09:08
The Jewish Law Association18th International ConferenceCentral Theme: Judaism Law and LiteratureJuly 14th-17th, 2014University of Antwerp
The conference will commence mid-afternoon on Monday 14th July and finish mid-afternoon on Thursday 17th July.
The Conference Call for Papers is now closed. For the provisional list of papers, click here. A timetable will be published at a later stage. If you wish to be informed when it becomes available, please e-mail jacksob[at]hope.ac.uk.
Offers from those not presenting papers to participate as session/panel chairs will be welcome.

For details of registration, hotels, travel advice, kosher food arrangements and minyanim, click here. For maps of locations within Antwerp, click here.
Catégories: Comparative Law News

SEMINAR: Twining on Globalization and Legal Scholarship

lun, 2014-05-12 08:35
The Perelman Centre for Legal Philosophy is delighted to announce the Perelman Seminar on Globalization and Legal Scholarship with William Twining, Emeritus Quain Professor of Jurisprudence at University College London. The Perelman seminar aims to bring together senior and young scholars around the works of key figures in legal philosophy and global law. This seminar is addressed to scholars, researchers and PhD students working in all fields of law. It may also be of interest for scholars in the social sciences.
Professor Twining is undoubtedly one of the most influential contemporary scholars in jurisprudence. Some of his most significant works include Law in ContextGlobalisation and Legal Theory and General Jurisprudence: Understanding Law from a Global perspective. As a student of H.L.A Hart and a discipline of Karl Llewellyn, Twining's works offer an insightful and original view on the transformation of law and legal scholarship in the context of globalisation.
[Professor Twining is also a member of the Juris Diversitas Advisory Council. - SPD]
Globalization and Legal Scholarship by William Twining
Welcome by Benoît FrydmanChair: David Restrepo Amariles
Friday, 23 May 2014 at 3pm followed by a drinkRoom KANT at the Institut d'études européennesUniversité Libre de Bruxelles Avenue F.D. Roosevelt, 39 - 1050 Brussels. 
One week prior to the event a draft paper will be circulated among the persons registered.
Please confirm your participation at your earliest convenience to Sylvie Riche at Sylvie.Riche@ulb.ac.be
Catégories: Comparative Law News

PROGRAMMES: LLM in History and Philosophy of Law

lun, 2014-05-12 08:23
Applications are now open for the LLM by Research in History and Philosophy of Law at the University of Edinburgh. The degree:
builds on the Law School’s international reputation in Legal History and Philosophy of Law to offer an advanced training in legal history and legal theory. Our goal is to develop the next generation of leading legal historians and legal theorists through a combined programme of teaching and research.

The programme is designed to promote cross-fertilization between the fields of Legal History and Philosophy of Law, while allowing students to focus on the areas that interest them the most. Certain courses (such as Traditions of Legal Enquiry) expressly explore the relations between research in Legal History and research in Legal Philosophy, while others focus on more discrete areas of legal enquiry. Students are encouraged to choose (under the guidance of the programme director) specialised optional courses and a dissertation topic that reflect their interests, under the supervision of a member of School.
More information on the LLM may be found here.
Recommended. SPD
Catégories: Comparative Law News

BOOK: Braverman, Blomley, Delaney, Kedar on Legal Geography

lun, 2014-05-12 08:04
Stanford University Press has announced the publication of Irus Braverman, Nicholas Blomley, David Delaney, and Alexandre Kedar (eds), The Expanding Spaces of LawA Timely Legal Geography:The Expanding Spaces of Law presents readers with cutting-edge scholarship on legal geography and pushes the current boundaries of the field, investigating new questions and reinvigorating previous modes of inquiry. 
Legal geography has contributed a great deal to understanding the many relationships between space and law. Earlier work has explored space that is static, such as the law's interaction with concepts of the home, public space, prison, restrooms, camps, territories, and nation states. But the past few years have seen an emphasis on analyzing the dynamic workings of space, and the understanding of space in various new ways. The Expanding Spaces of Law asks readers to consider what legal geography would look like if we were to give more prominence to conceptions of space as process, space as event, or space as situation or relationship. Questions of space and time are often implicit in the work of legal geographers, and this book seeks to bring these questions to the fore.
The Expanding Spaces of Law brings together some of the most prominent names in the field, and includes new voices in the field from around the world to introduce provocative and exciting research in legal geography.
Highly recommended. SPD
Catégories: Comparative Law News

BOOK SERIES: Update on Juris Diversitas Book Series - Forthcoming Titles + Authors and Editor Sought

lun, 2014-05-12 06:53
FORTHCOMING TITLES
The Juris Diversitas Book Series with Ashgate Publishing will publish a number of titles over the next year.
Two of those titles are now listed with Ashgate:
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 blended
Additional titles will be listed soon.
*
AUTHORS AND EDITOR SOUGHT
In addition, we’re looking for additional authors to submit to the series as well as an experienced editor to work to lead the series.

For additional information, contact Seán Patrick Donlan at sean.donlan@ul.ie.
Catégories: Comparative Law News

CONFERENCE: De-juridification: Appearance and Disappearance of Law at a Time of Crisis

lun, 2014-05-05 06:57
The Annual Conference of the IVR International Association of Legal and Social Philosophy, UK Branch
The London School of Economics and Political Science
25-26 October 2014on
De-juridification: Appearance and Disappearance of Law at a Time of Crisis
It was not too long ago that many legal philosophers and sociologists were expressing deep concerns about juridification, i.e. law’s expansion as a mode of governance and its distorting effects on social relations. 
Now, however, under conditions of globalisation and in the midst of a global crisis, there are several indications that the trend of juridification is being reversed, that law is subsiding and giving way to other modes of governance. With governments offloading many of their central tasks to civil society, with international economic agencies exercising normative authority, with people seemingly recognising each other more as economic actors than as legal subjects, and with the interpretation of indeterminate laws being carried out not by courts but by actual power-holders, to mention only very few examples, it seems appropriate to ask questions regarding a process of de-juridification which seems to be afoot. 
The main aim of the conference is to explore various aspects of de-juridification. Contributions are invited from legal philosophy, socio-legal theory, legal anthropology, and other law-related disciplines to tackle questions such as the following: Is a process of de-juridification underway? In which contexts does law recede? What replaces it and how? Does less law mean more or less politics? Does it entail a shift in the meaning of legitimacy? 
Keynote speakers: Professor Antje Wiener (Hamburg) and Professor Peer Zumbansen (Osgoode Hall). 

Abstracts of up to 200 words should be sent to the treasurer of the UK IVR executive, Dr Emmanuel Melissaris (e.melissaris@lse.ac.uk), by 1 July 2014. 

Full rate: £50 - UK IVR members: £40 - Students/unemployed: £30 
Catégories: Comparative Law News

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

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

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

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

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

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

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

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

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