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JOURNAL: (2015) 2:1 Critical Analysis of Law - New Historical Jurisprudence & Historical Analysis of Law

mar, 03/24/2015 - 13:56
(2015) 2:1 Critical Analysis of Law, an International & Interdisciplinary Law Review, is out. 
Its theme is
New Historical Jurisprudence & Historical Analysis of LawThe New Historical Jurisprudence issue highlights and encourages a trend in recent legal scholarship, or rather scholarship on law, that--like the original historical jurisprudence--pursues a historical analysis of law, as a form of critical analysis of law, rather than legal history, as applied historiography. Generated by theorists with a historical sensibility, and historians with theoretical curiosity, this emerging body of work exploits and challenges the intersection of history and jurisprudence in innovative and exciting ways.It includes: New Historical Jurisprudence: Legal History as Critical Analysis of LawMarkus D. Dubber
On the Coloniality of Modern LawSamera Esmeir
Radbruch’s Rechtsstaat and Schmitt’s Legal Order: Legalism, Legality, and the Institution of LawMireille Hildebrandt
The Judicialization of PoliceAaron T. Knapp
Transatlantic Functionalism: New Deal Models and European IntegrationPeter L. Lindseth
“Society Owes Them Much”: Veteran Defendants and Criminal Responsibility in Australia in the Twentieth CenturyArlie Loughnan
Private Law Codification, Modernization and Nationalism: A View from Critical Legal HistoryHeikki Pihlajamäki
“Comparing” Jewish and Islamic Legal Traditions: Between Disciplinarity and Critical Historical JurisprudenceLena Salaymeh
The Riddle of Sub-judice and the Modern Law of ContemptGalia Schneebaum, Shai J. Lavi
Regarding Untimeliness: Medieval Legal History and Modern LawKarl Shoemaker
The Rejection of Horizontal Judicial Review During America’s Colonial PeriodRobert J. Steinfeld
Catégories: Comparative Law News

ARTICLE: Ramadan on Islamic Legal Hybridity and Patriarchal Liberalism in the Shari'a Courts in Israel

lun, 03/23/2015 - 08:19
I'm pleased to report that another paper linked to our Doing Justice: Official and Unofficial ‘Legalities’ in Practice Colloquiumheld at the Centre Jacques-Berque (Rabat, Morocco) from 15-16 June 2012, has been published. 

Moussa Abou Ramadan (Strasbourg)'s 'Islamic Legal Hybridity and Patriarchal Liberalism in the Shari'a Courts in Israel' has been published in the Journal of Levantine Studies. Its abstract reads:
The civil judicial family law system and the shari‘a courts in Israel are a fascinating site for the study of legal hybridity, particularly with regard to cases involving the legal and religious rights of women. Legal hybridity is found both in the shari‘a courts, even when ruling on cases that are under their exclusive jurisdiction, and in the family courts that apply provisions of Islamic and Israeli law. In this article, I examine as a case study of the problem of appointing a woman as arbitrator between quarelling spouses in the shari‘a court arbitration process. This example shows how a shari‘a court operates under pressure from the secular civil judicial system. It is discernible how a system of legal hybridity gives rise to multiple discourses deriving from different normative systems and various players—such as human rights organizations, Islamic feminist movements, secular feminist movements, and the Israel Supreme Court—seeking to navigate the discourse in pursuit of their interests. My central thesis is that this system of legal hybridity is enhancing a patriarchal liberalism that is filled with obstacles and hurdles preventing full equality. 
Catégories: Comparative Law News

ARTICLE ANNOUNCEMENT: Introduction: Religious Law in the 21st Century

ven, 03/20/2015 - 06:44
By Michael A. Helfand Pepperdine 
University School of Law

Professor Helfand introduces this symposium on Religious Law in the 21st Century. Helfand notes that a recurring theme in recent debates over the relationship between law and religion is the unique challenge of reconciling conflicts not just between law and religion, but between the law of the nation-state and “religious legal communities” -- that is, communities that primarily experience their religious norms through the prism of legal rules. Muslim and Jewish communities serve as prime examples of such religious legal communities, and the challenges faced by these communities often parallel each other in important ways. Thus, an important subset of contemporary religious controversies -- from circumcision bans to anti-Sharia laws -- emerge as not only conflicts between law and religion, but as conflicts between law and law. And it is to this unique set of questions that the jointly-sponsored program of the Islamic Law and Jewish Law Sections of the American Association of Law Schools was addressed. The program was split into two thematic panels, and the articles in this symposium reflect those themes. The first -- titled “Religious Law in U.S. Courts” -- considered the various contexts in which U.S. courts have been asked to address religious questions that touch upon religious law. The second -- titled “Religious Law in the Secular State” -- considered contemporary issues related to the practice and implementation of religious law in secular democracies. Together, these papers bring new insight to these questions and serve as a springboard for discussion and debate about how religious law will fit into the ever-evolving landscape of the 21st century.

Click here to download this paper.
Catégories: Comparative Law News

CONFERENCE ANNOUNCEMENT: 2nd Annual International & Comparative Urban Law Conference

jeu, 03/19/2015 - 13:58
June 29, 2015, Paris, France

The Fordham Urban Law Center is pleased to announce a call for participation for the 2nd Annual International and Comparative Urban Law Conference, to be held on Monday, June 29, 2015
The all-day Conference will be held at the Sorbonne Law School at the Universite Paris 1 Pantheon-Sorbonne in Paris, France. The Conference is co-sponsored by the Sorbonne Center for Study and Research on Environmental, Development, Urban and Tourism Law (SERDEAUT).

TOPICS: The Conference will provide a dynamic forum for legal and other scholars to engage and generate diverse international, comparative and interdisciplinary perspectives in the burgeoning field of urban law. The Conference will explore overlapping themes, tensions and opportunities for deeper scholarly investigation and practice with a comparative perspective across the following urban law topics, among others:
- Structure and workings of local authority and autonomy
- Urban governance
- Environmental sustainability
- Economic and community development
- Criminal justice
- Urban public health
- Affordable housing
- Municipal finance
- Local government consumer protection
- Family law and urban planning

The goal of the Conference is to facilitate an in-depth engagement across sub-specialties within the legal academy to help develop an understanding of urban law in the twenty-first century.

PROPOSAL SUBMISSION: Potential participants in panels and workshops at the Conference should submit a one-page proposal to Nisha Mistry, Director, Fordham Urban Law Center, at nmistry2@law.fordham.edu

If you have a draft paper, please include it with your proposal. Participants do not need to have prepared a formal paper in order to join the program. Deadline for topic proposal submissions: April 20, 2015.

PUBLICATION: This year, the Urban Law Center will publish the first edition of a multi-year book series compiling cross-cutting global perspectives on law and urbanism, with a core focus on comparative enquiry. This Conference will serve as the basis for the second volume in this series, which will be published by Ashgate (as part of Juris Diversitas) following customary review and selection processes. If you are interested in potential publication, please indicate this interest at the time of your proposal submission.

ABOUT THE URBAN LAW CENTER: The Urban Law Center at Fordham Law School in New York City is committed to investigating and affecting the role of the law and legal systems in contemporary urbanism. Seehttp://law.fordham.edu/urbanlawcenter.htm for more information about the Center.

ABOUT SERDEAUT: Today, SERDEAUT is the only research center in France dedicated to environmental, development, urban, housing, and tourism law altogether. These research and expertise themes directly concern the socio-economic problems that are currently of the utmost importance in France, Europe, and the rest of the world: sustainable development, territorial cohesion, economic development and housing. See for more information about SERDEAUT.
Catégories: Comparative Law News

CALL FOR PAPERS: The 5th International Conference on Language, Law and Discourse

jeu, 03/19/2015 - 08:24
CALL FOR PAPERS
The 5th International Conference on Language, Law and Discourse27 September-1 October 2015
Communication and Fairness in Legal Settings
For additional information, see the conference website here.Note that the deadline for abstracts is quickly approaching!
Catégories: Comparative Law News

JURIS DIVERSITAS - BOOK: Berti, Good, and Tarabout (eds), Of Doubt and Proof: Ritual and Legal Practices of Judgment

jeu, 03/19/2015 - 07:16
  • We're very proud to note the latest publication in the Juris Diversitas Series
  • Berti, Good, and Tarabout (eds), Of Doubt and Proof: Ritual and Legal Practices of Judgment
  • All institutions concerned with the process of judging - whether it be deciding between alternative courses of action, determining a judge’s professional integrity, assigning culpability for an alleged crime, or ruling on the credibility of an asylum claimant - are necessarily directly concerned with the question of doubt. By putting ritual and judicial settings into comparative perspective, in contexts as diverse as Indian and Taiwanese divination and international cricket, as well as legal processes in France, the UK, India, Denmark, and Ghana, this book offers a comprehensive and novel perspective on techniques for casting and dispelling doubt, and the roles they play in achieving verdicts or decisions that appear both valid and just.

    Broadening the theoretical understandings of the social role of doubt, both in social science and in law, the authors present these understandings in ways that not only contribute to academic knowledge but are also useful to professionals and other participants engaged in the process of judging. This collection will consequently be of great interest to academics researching in the fields of legal anthropology, ritual studies, legal sociology, criminology, and socio-legal studies.
    • The Contents, Introduction, and Index are available here.
    • Reviews: 
    • ‘Of Doubt and Proof highlights issues of considerable importance for the social sciences, not least for lawyers and others such as anthropologists concerned with what Bourdieu called the “juridical field”. Its comparative scope, with studies of ritual and judicial processes in Africa, Asia and Europe, is especially impressive and enhances its originality.’
    • Ralph Grillo, University of Sussex, UK

      ‘Doubt is not the opposite of belief, as anthropologists have recently shown, but depends upon belief and in turn helps to constitute it. This book, in writing that is both precise and wonderfully imaginative, explores this apparent paradox in relation to the legal terrain, where doubt is routinely cast and then dispelled through compelling public performances. In the process, the book - showing how law and ritual may have much more in common than formerly supposed - innovatively ranges across settings from asylum courts in France, Denmark and the UK, through Indian temple consultations, to Chinese divination. It ambitiously challenges us to think beyond the level of the obvious, while also making a thoughtful and rigorous contribution to the novel field of the anthropology of doubt and evidence.’
    • Deborah James, London School of Economics, UK

      ‘This volume represents a crucial intervention into the question of what happens in institutional settings where doubt must be exercised, not as a presumed internal or affective state, but as a technique of knowledge formation. The cases presented here show that doubt is such a successful technique that it must be managed through a host of other social forms. These cases also show that it is often divinatory practices, and not courtroom judgements, in which doubt is more rigorously exercised in arriving at a decision. This is a collection that shows through felicitous juxtaposition of the legal and the ritual how the former shares far more sociological elements with the latter than is often acknowledged.’
    • Melissa Demian, The Australian National University
  • About the Editors: 
  • Daniela Berti is ‘Chargée de Recherche’ at the French National Centre for Scientific Research (CNRS) in Paris, and a member of the Centre for Himalayan Studies at Villejuif. Her research in North India focuses on ritual interactions, politico-ritual roles and practices formerly associated with kingship, and on the ethnography of court cases in India. She recently coordinated with Gilles Tarabout an international research programme funded by the Agence Nationale de la Recherche (ANR), entitled Just-India: A Joint Programme on Justice and Governance in India and South Asia.

    Anthony Good is Emeritus Professor of Social Anthropology at the University of Edinburgh, and formerly Head of the School of Social & Political Science. His research interests cover Tamil Nadu (South India), and Sri Lanka. He frequently acts as an expert witness in asylum appeals involving Sri Lankan Tamils. His recent research concerns uses of expert evidence in British asylum courts, and (with Robert Gibb) a comparative study of asylum processes in the UK and France.

    Gilles Tarabout is Emeritus ‘Directeur de Recherche’ at the French National Centre for Scientific Research (CNRS), and formerly head of the Centre for Ethnology and Comparative Sociology (LESC), at the University of Paris West-Nanterre. His research focuses especially on relationships between society and religion in Kerala (South India). He has recently been coordinating with Daniela Berti an international research programme funded by the Agence Nationale de la Recherche (ANR), entitled Just-India: A Joint Programme on Justice and Governance in India and South Asia.
Catégories: Comparative Law News

SERIES/BOOK: Global Law and Walker on Intimations of Global Law

mer, 03/18/2015 - 08:58
A new Global Law Series has been announced at Cambridge:
The series provides unique perspectives on the way globalisation is radically altering the study, discipline and practice of law. Featuring innovative books in this growing field, the series explores those bodies of law which are becoming global in their application, and the newly emerging interdependency and interaction of different legal systems. It covers all major branches of the law and includes work on legal theory, history and the methodology of legal practice and jurisprudence under conditions of globalisation. Offering a major platform on global law, these books provide essential reading for students and scholars of comparative, international and transnational law.
Neil Walker’s Intimations of Global Law is the first text in the Series:
A strain of law reaching beyond any bounded international or transnational remit to assert a global jurisdiction has recently acquired a new prominence. Intimations of Global Law detects this strain in structures of international law claiming a planetary scope independent of state consent, in new threads of global constitutional law, administrative law and human rights, and in revived notions of ius gentium and the global rule of law. It is also visible in the legal pursuit of functionally differentiated global public goods, general conflict rules, norms of 'legal pluralism' and new legal hybrids such as the global law of peace and humanity law. The coming of global law affects how law manifests itself in a global age and alters the shape of our legal-ethical horizons. Global law presents a diverse, unsettled and sometimes conflicted legal category, and one which challenges our very understanding of the rudiments of legal authority.
Catégories: Comparative Law News

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