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CALL FOR ARTICLES: Comparative Legal History
Articles are being sought for publication in Comparative Legal History (CLH), an international and comparative review of law and history.
CLH is the official journal of the European Society for Comparative Legal History (ESCLH) and is published by Hart Publishing (UK).
The journal is published, both online and in print, twice a year, appearing in the spring and the autumn. The first issue will appear in Spring 2013:
Articles will explore both 'internal' legal history (doctrinal and disciplinary developments in the law) and 'external' legal history (legal ideas and institutions in wider contexts). Rooted in the complexity of the various Western legal traditions worldwide, the journal will also investigate other laws and customs from around the globe. Comparisons may be either temporal or geographical and both legal and other law-like normative traditions will be considered. Scholarship on comparative and trans-national historiography, including trans-disciplinary approaches, is particularly welcome.
The Editors welcome scholarly submissions in the English language:
To submit an article please contact Articles Editor Heikki Pihlajamäki (heikki.pihlajamaki@helsinki.fi). The optimal length for articles is between 7500 to 15000 words, including footnotes. All articles are submitted to double blind peer review.
To propose a review, please contact Reviews Editor Agustin Parise (agustin.parise@maastrichtuniversity.nl). Book reviews will generally range from 1500 to 2500 words. Review articles will also be considered.
The Hart website also has information on the Editors (both the Editorial Staff and International Editorial Board), an Email alert service of the 'Table of Contents', and subscription information.
Note that a special arrangement between the ESCLH and Hart has been made to ensure that ESCLH membership fees include a subscription to CLH.
Potential contributors should pay special attention to the ‘Notes for Contributors’ on the website. In particular, contributors whose first language is not English are strongly advised to have their papers edited by native Anglophone scholars in advance of their submission to ensure a clear presentation of their ideas and an accurate appraisal of their work.
Spread the word.
Catégories: Comparative Law News
NOTICE: SLS News, Jobs and more Events: 07/03/2013
Society of Legal Scholars (SLS) News, Jobs and more Events
NOTICES
1) Peter Birks Prizes for Outstanding Legal Scholarship 2013
Each year the Society offers two prizes for outstanding published books by scholars in their early careers. The prizes will be presented at the annual dinner of the Society at the Annual Conference. The value of the prizes will be £1,000 for the first prize and £300 for the second prize. The judges may decide to award one prize or not to award a prize, or may decide to divide the whole sum or either prize between two winners. The judges will be the President of the Society, the Vice-President and the Immediate Past President. They will be entitled to take advice from such professorial members of the Society as they see fit.
The following notice concerns the arrangements for the award of the Peter Birks Prizes for 2013.
It is expected that the publishers of the nominated books will provide three copies, one for each of the three judges, and these will not be returned. It is also the intention that after the full list of nominated books has been submitted to the Executive Committee, it will be placed on the Society’s website. The shortlist will also be placed on the website once determined by the judges, which should be one month before the Annual Conference.
The rules are strictly adhered to and are attached. Particularly note the rules regarding membership of the Society, nomination and the need for the author’s consent.
Nominations, including the nominated books, should be sent to the Administrative Secretary, Sally Thomson, by 31 May 2013.
2) LETR research report update
Good progress is being made by the research team in their work to ensure that the range and depth of the data collected through extensive engagement with stakeholders is fully reflected in their final report. The report is not now expected to be submitted to the three sponsoring regulators¬ Solicitors Regulation Authority (SRA), Bar Standards Board (BSB), and ILEX Professional Standards (IPS), before May 2013, following which it will be published.
The sponsoring regulators support the research team's view that it is important to ensure that the data is fully reflected in the report, even though that means a delay in its finalisation.
3) Open Access Publishing
The Academy of Social Science has produced a useful briefing from its recent conference. The SLS Vice President was one of the speakers. The briefing can be downloaded at: can be downloaded at:
http://www.acss.org.uk/docs/Professional%20Briefings/Professional%20Briefings%
201%20Jan%202013%20Open%20Access%20Publishing.pdf
SITUATIONS VACANT
1) UNIVERSITY OF SUSSEX
There are 14 positions vacant for Snr.Lecturers and lecturers in various disciplines at the School of Law. Closing date for all posts is 21 March 2013.
Please see http://www.sussex.ac.uk/aboutus/jobs/current for details.
2) Newcastle Law School is pleased to announce the following posts:1 x Chair in Law (Ref G545)
1 x Reader in Law and Finance (Ref G546)
2 x Lecturer in Law (Ref B577A (LAW ) )
For details and applications please enter the Ref No or Newcastle Law School at https://www15.i-grasp.com/fe/tpl_newcastle02.asp?newms=se
Those wishing to make informal enquiries about the posts or the Law School should contact Professor Chris Rodgers on (0191) 222 7612 or by email at christopher.rodgers@ncl.ac.uk Deadline for applications: 24 March 2013
3) Southampton University Law School
Lecturer or Senior Lecturer in Law (3 posts)
Reference: 211713JJ
Closing date: 31 March 2013
Details at https://jobs.soton.ac.uk/Vacancy.aspx?id=4029&forced=1
4) University of Leeds
Faculty of Education, Social Sciences and Law Centre for Criminal Justice Studies School of Law
Research Fellow/Principal Research Fellow
Closing date: 27th March 2013.
Further details in attachment.
5) Scholarships to study for an LLM at Warwick Law School
- available for candidates who are interested in studying for a taught Masters degrees in Advanced Legal Studies (ALS); International Development Law and Human Rights (IDLHR); International Economic Law (IEL); and International Corporate Governance and Financial Regulation (ICGFR) For more information on the scholarships and how to apply go to http://www2.warwick.ac.uk/fac/soc/law/pg/pgprogram/scholarships/funding_opps
For more information on the programmes go to http://www2.warwick.ac.uk/fac/soc/law/pg/pgprogram/
Or contact Sara Prestleton s.e.prestleton@warwick.ac.uk
6) Sciences Po Law School, France is seeking to recruit a full time senior or junior professor in intellectual Property for a public-sector teaching position. The Professor will be required to have a wide knowledge of the fields, with both an European and an International point of view.
EVENTS AND CALLS FOR SUBMISSIONS AND PAPERS
1) Institute of Advanced Legal Studies
Each academic year the Institute runs three National Training Days in a programme called “How to get a PhD in Law” to assist MPhil and PhD students in law. Day one was held in November last year and there are two more this Spring.
(i) How to get a PhD in Law: What legal research skills will I need?
Literature reviews, qualitative and quantitative research and comparative legal research.
16 March 2013, 10:15 - 16:30
http://events.sas.ac.uk/events/view/12063
(ii) How to get a PhD in Law: Preparing yourself for the vivas. Getting yourself known - presenting skills, publishing your work, and networking.
22 May 2013, 10:15 - 16:30
http://events.sas.ac.uk/events/view/12333
2) Birmingham Law School
University of Birmingham - The Institute of Judicial Administration
Conference: The Challenges of Transnational Investigations
21-23 March 2013
The conference will address issues such as prosecutors coordinating investigations across the EU, the particular challenges of investigating crimes against the financial interests of the EU, the potential contribution of a European Public Prosecutor's Office and securing defence rights in transnational investigations.
For further information please visit
http://www.birmingham.ac.uk/schools/law/events/2013/conference-ija-trans-natio
nal-investigations.aspx or contact s.j.cole.2@bham.ac.uk
3) Faculty of Law, University College Cork
Conference: Reforming Abortion Law: Comparative Perspectives March 22nd 2013 (1:30 – 5:30 p.m.)
Booking, programme and more details are available at http://www.ucc.ie/en/lawsite/wh-/details-216025-en.html
4) Call for Submissions - The Irish Review of Community Economic Development Law and Policy - a peer reviewed online journal, published twice a year by the Northside Community Law Centre, in Coolock, Dublin.
We are currently requesting articles for Volume 2 Issue 1. The suggested theme for this issue is “Restorative Justice and Mediation”
For more details see: http://www.nclc.ie/overview/default.asp or email the editor at editor@nclc.ie.
The journal publishes articles of between 1,500 and 10,000 words in length, and the deadline for submissions is March 29th 2013.
NOTICES
1) Peter Birks Prizes for Outstanding Legal Scholarship 2013
Each year the Society offers two prizes for outstanding published books by scholars in their early careers. The prizes will be presented at the annual dinner of the Society at the Annual Conference. The value of the prizes will be £1,000 for the first prize and £300 for the second prize. The judges may decide to award one prize or not to award a prize, or may decide to divide the whole sum or either prize between two winners. The judges will be the President of the Society, the Vice-President and the Immediate Past President. They will be entitled to take advice from such professorial members of the Society as they see fit.
The following notice concerns the arrangements for the award of the Peter Birks Prizes for 2013.
It is expected that the publishers of the nominated books will provide three copies, one for each of the three judges, and these will not be returned. It is also the intention that after the full list of nominated books has been submitted to the Executive Committee, it will be placed on the Society’s website. The shortlist will also be placed on the website once determined by the judges, which should be one month before the Annual Conference.
The rules are strictly adhered to and are attached. Particularly note the rules regarding membership of the Society, nomination and the need for the author’s consent.
Nominations, including the nominated books, should be sent to the Administrative Secretary, Sally Thomson, by 31 May 2013.
2) LETR research report update
Good progress is being made by the research team in their work to ensure that the range and depth of the data collected through extensive engagement with stakeholders is fully reflected in their final report. The report is not now expected to be submitted to the three sponsoring regulators¬ Solicitors Regulation Authority (SRA), Bar Standards Board (BSB), and ILEX Professional Standards (IPS), before May 2013, following which it will be published.
The sponsoring regulators support the research team's view that it is important to ensure that the data is fully reflected in the report, even though that means a delay in its finalisation.
3) Open Access Publishing
The Academy of Social Science has produced a useful briefing from its recent conference. The SLS Vice President was one of the speakers. The briefing can be downloaded at: can be downloaded at:
http://www.acss.org.uk/docs/Professional%20Briefings/Professional%20Briefings%
201%20Jan%202013%20Open%20Access%20Publishing.pdf
SITUATIONS VACANT
1) UNIVERSITY OF SUSSEX
There are 14 positions vacant for Snr.Lecturers and lecturers in various disciplines at the School of Law. Closing date for all posts is 21 March 2013.
Please see http://www.sussex.ac.uk/aboutus/jobs/current for details.
2) Newcastle Law School is pleased to announce the following posts:1 x Chair in Law (Ref G545)
1 x Reader in Law and Finance (Ref G546)
2 x Lecturer in Law (Ref B577A (LAW ) )
For details and applications please enter the Ref No or Newcastle Law School at https://www15.i-grasp.com/fe/tpl_newcastle02.asp?newms=se
Those wishing to make informal enquiries about the posts or the Law School should contact Professor Chris Rodgers on (0191) 222 7612 or by email at christopher.rodgers@ncl.ac.uk Deadline for applications: 24 March 2013
3) Southampton University Law School
Lecturer or Senior Lecturer in Law (3 posts)
Reference: 211713JJ
Closing date: 31 March 2013
Details at https://jobs.soton.ac.uk/Vacancy.aspx?id=4029&forced=1
4) University of Leeds
Faculty of Education, Social Sciences and Law Centre for Criminal Justice Studies School of Law
Research Fellow/Principal Research Fellow
Closing date: 27th March 2013.
Further details in attachment.
5) Scholarships to study for an LLM at Warwick Law School
- available for candidates who are interested in studying for a taught Masters degrees in Advanced Legal Studies (ALS); International Development Law and Human Rights (IDLHR); International Economic Law (IEL); and International Corporate Governance and Financial Regulation (ICGFR) For more information on the scholarships and how to apply go to http://www2.warwick.ac.uk/fac/soc/law/pg/pgprogram/scholarships/funding_opps
For more information on the programmes go to http://www2.warwick.ac.uk/fac/soc/law/pg/pgprogram/
Or contact Sara Prestleton s.e.prestleton@warwick.ac.uk
6) Sciences Po Law School, France is seeking to recruit a full time senior or junior professor in intellectual Property for a public-sector teaching position. The Professor will be required to have a wide knowledge of the fields, with both an European and an International point of view.
EVENTS AND CALLS FOR SUBMISSIONS AND PAPERS
1) Institute of Advanced Legal Studies
Each academic year the Institute runs three National Training Days in a programme called “How to get a PhD in Law” to assist MPhil and PhD students in law. Day one was held in November last year and there are two more this Spring.
(i) How to get a PhD in Law: What legal research skills will I need?
Literature reviews, qualitative and quantitative research and comparative legal research.
16 March 2013, 10:15 - 16:30
http://events.sas.ac.uk/events/view/12063
(ii) How to get a PhD in Law: Preparing yourself for the vivas. Getting yourself known - presenting skills, publishing your work, and networking.
22 May 2013, 10:15 - 16:30
http://events.sas.ac.uk/events/view/12333
2) Birmingham Law School
University of Birmingham - The Institute of Judicial Administration
Conference: The Challenges of Transnational Investigations
21-23 March 2013
The conference will address issues such as prosecutors coordinating investigations across the EU, the particular challenges of investigating crimes against the financial interests of the EU, the potential contribution of a European Public Prosecutor's Office and securing defence rights in transnational investigations.
For further information please visit
http://www.birmingham.ac.uk/schools/law/events/2013/conference-ija-trans-natio
nal-investigations.aspx or contact s.j.cole.2@bham.ac.uk
3) Faculty of Law, University College Cork
Conference: Reforming Abortion Law: Comparative Perspectives March 22nd 2013 (1:30 – 5:30 p.m.)
Booking, programme and more details are available at http://www.ucc.ie/en/lawsite/wh-/details-216025-en.html
4) Call for Submissions - The Irish Review of Community Economic Development Law and Policy - a peer reviewed online journal, published twice a year by the Northside Community Law Centre, in Coolock, Dublin.
We are currently requesting articles for Volume 2 Issue 1. The suggested theme for this issue is “Restorative Justice and Mediation”
For more details see: http://www.nclc.ie/overview/default.asp or email the editor at editor@nclc.ie.
The journal publishes articles of between 1,500 and 10,000 words in length, and the deadline for submissions is March 29th 2013.
Catégories: Comparative Law News
LECTURE: Wolff on Data Protection and European Developments
Irish Society of Comparative Law
public lecture on Data Protection Law, 20 March 2013
The Irish Society of Comparative Law in conjunction with Trinity College Law School and the IIIS is hosting a public lecture entitled:
“Data Protection and European Developments: a German View”
by Professor Heinrich Wolff, Professor for Public Law at the Europa-Universität Viadrina Frankfurt (Oder) and Visiting Fellow at the Institute for International Integration Studies in Trinity College Dublin and chaired by Mr Paul Lambert, of Merrion Legal Solicitors and NUIG, author of “Data Protection Law in Ireland”, at 7pm on Wednesday 20 March in the IIIS Seminar Room, 6th Floor Arts Building, Trinity College Dublin.
This event is free and all are very welcome to attend.
public lecture on Data Protection Law, 20 March 2013
The Irish Society of Comparative Law in conjunction with Trinity College Law School and the IIIS is hosting a public lecture entitled:
“Data Protection and European Developments: a German View”
by Professor Heinrich Wolff, Professor for Public Law at the Europa-Universität Viadrina Frankfurt (Oder) and Visiting Fellow at the Institute for International Integration Studies in Trinity College Dublin and chaired by Mr Paul Lambert, of Merrion Legal Solicitors and NUIG, author of “Data Protection Law in Ireland”, at 7pm on Wednesday 20 March in the IIIS Seminar Room, 6th Floor Arts Building, Trinity College Dublin.
This event is free and all are very welcome to attend.
Catégories: Comparative Law News
CALL FOR PAPERS: The Rule of Law with Chinese Characteristics in Transition
International Conference on “The Rule of Law with Chinese Characteristics in Transition” Call for Papers
Date: 5-7 June 2013 Venue: Connie-Fan Multi-media Conference Room, 4/F Cheng Yick-chi Building, CityU Language: The Conference will be conducted in English and Putonghua. Simultaneous interpretation will be provided during the conference. Organizer: The Centre for Chinese and Comparative Law (RCCL), School of Law, City University of Hong Kong
Conference Objectives
The objectives of the conference include three facets generally. The first objective is to provide a platform for scholars from different areas, and make the dialogue much more diverse and fruitful. Accompanied with much more openness of Greater China, more and more dialogues are needed for understandings and agreements among one another. The theme on the rule of law with Chinese characteristics is such a one needed to be explored and discussed for the future of China.
The second is to focus on this theme from comparative perspectives, get consensus on the pros and cons of the features of the rule of law with the so-called Chinese characteristics in transition so as to keep these characteristics, follow the track of the rule of law and arrive at Chinese rule of law eventually.
The third is to bridge the communications between China (including Hong Kong, Mainland China, Macau and Taiwan), North America, Europe, Australia and other countries and regions, so as to make Hong Kong academia know much more about the recent intellectual developments in these relevant areas. This would make the Centre for Chinese and Comparative Law, School of Law, City University of Hong Kong more open and leading in these areas potentially.
Issues to be explored during the conference:
(1) The rule of law with Chinese characteristics from comparative perspectives (2) The rule of law in transition from historical and comparative perspectives (3) Particular legal systems with Chinese characteristics in the practice (4) Confucian constitutionalism, authoritarianism and the global constitutionalism (5) Religious freedom and the moral foundations of the rule of law with Chinese characteristics from comparative perspectives (6) Human rights protection and democracy with Chinese characteristics in comparison
Submission Procedure
If you are interested in participating in the conference, please submit the following in English to Ms Emily Chow, School of Law, CityU at wschow@cityu.edu.hk on or before 15 April 2013.
1. CV (about 200 words) 2. Abstract (200-300 words) with paper title 3. Digital photo of presenter with good resolution
All speakers / paper presenters are expected to submit a final draft of their papers on or before 20 May 2013.
Catégories: Comparative Law News
ARTICLE: Breda on Sharia Law in Catholic Italy
Vito Breda’s ‘Sharia Law in Catholic Italy: A Non-Agnostic Model of Accommodation’ in on SSRN:
The Italian Constitution and its interpretation by the Constitutional Court have led to the development of a model of accommodation of religious practices that seeks to balance a commitment to promoting religious pluralism whilst, at the same time, maintaining the neutrality of state institutions. What is distinctive about this quasi-neutral constitutional stance is the commitment to reducing the discrepancies between the legal and religious effects of key life decisions (e.g. the decision to get married). I call this stance positive secularism. In this essay, I would like to show that, thus far, positive secularism has been particularly effective in accommodating the demands of Muslim immigrants (Pacini 2001). For instance, some aspects of the Sharia law, such as marriage (including some effects of polygamous marriage) and divorce (including some effects of unilateral divorce), are already recognized by Italian international private law. The second stage for the accommodation of Sharia law in Italy is likely to be the recognition of Islam as one of Italy’s official religions. Recognition will increase the level of the Islamic communities’ autonomy and will allow for the automatic recognition of some aspects of Sharia law. In February 2010, the Italian government established the Committee for Islam, composed of representatives of Italian Islamic communities, within the Ministry of Interior Affairs. In the recent past, these types of dialogues between institutions and religious representatives have been the proxy for the official recognition of nine faiths in Italy. Waldensian Evangelical Church, the World Assemblies of God Fellowship, the Evangelical Baptist Church, the Lutheran Baptist Church, the Apostolic Church, the Church of Jesus Christ of the Latter-Day Saints, the Adventist Church, the Greek Orthodox Archdiocese of Italy, Hebrew Communities of Italy. The chapter is divided into two sections, which is preceded by an introduction, and followed by a conclusion. The first section will discuss the judicial introduction of Sharia law via the procedure of Italian international law. The second section will explain the advantages of the recognition process and the reasons that have prevented Islamic communities from benefiting from it.
Catégories: Comparative Law News
CONFERENCE: Commonwealth Law Conference
The 18th Commonwealth Law Conference (CLC 2013) will take place in Cape Town, South Africa from 14-18 April, 2013: The Commonwealth Law Conference is one of the most prestigious events on the international legal calendar providing an opportunity for judges, legal academics and practising lawyers from across the Commonwealth to meet and discuss current and topical issues which affect the legal and broader community today. This year the Commonwealth Lawyers Association in association with the Law Society of South Africa, invite you to join the 18th Commonwealth Law Conference in Cape Town, South Africa’s oldest and most beautiful city.
The Conference will highlight the legal, socio-economic and commercial challenges faced by the legal profession in Commonwealth jurisdictions and provide an opportunity to exchange information and learn from this. Delegates from all Commonwealth countries will have an opportunity to network, exchange views, experiences and possible solutions in the breathtaking shadow of Cape Town’s Table Mountain – one of the New 7 Wonders of Nature.
Four International keynote speakers will open each day, supported by a full day educational programme. The four main streams for this year’s programme will be: Corporate and Commercial Law; Legal and Judicial Profession; Constitutionalism Human Rights and the Rule of Law; and Contemporary Legal Topics. Choose the subject which suit your needs and meet other practitioners during the morning and afternoon breaks or over lunch (included in your registration) or join our Gala Dinner at the unique Moyo restaurant in the Cape winelands.
Catégories: Comparative Law News
NOTICE: Professor Vernon Palmer to Receive an Honorary Doctorate
I received word earlier today that Professor Vernon Palmer, President of the World Society of Mixed Jurisdiction Jurists and a member of our star-studded Advisory Board is to receive an honorary doctorate in Paris:
Professor Vernon Valentine Palmer of the Tulane Law School will be awarded an honorary doctorate by the President of the Université Paris-Dauphine on March 27th in Paris.
The title Doctor Honoris Causa is one of the most prestigious distinctions conferred by French universities upon foreign scholars with the approval of the French Foreign Affairs Ministry.
Professor Palmer will receive the doctorate “in consideration of his very important contribution to Comparative Law and for a better understanding between common law and civil law, not only in Louisiana and the USA, but also beyond the borders, in Asia and Europe.”
We add our sincere congratulations for a well-deserved honor.
Catégories: Comparative Law News
BOOKS: New Titles from Hart Publishing
The following are a few of the new titles recently published by Hart:
- Managing Family Justice in Diverse Societies - Edited by Mavis Maclean and John Eekelaar
- Comparative Company Law: A Case-Based Approach - Edited by Mathias Siems and David Cabrelli
- Organised Crime and the Law: A Comparative Analysis - Liz Campbell
- European Competition Law Annual 2010: Merger Control in European and Global Perspective - Edited by Philip Lowe and Mel Marquis
See below for additional information.
Managing Family Justice in DiverseSocieties - Edited by Mavis Maclean and John Eekelaar
The aim of this book is to explore what response the law has or should have to different family practices arising from cultural and religious beliefs. The issue has become increasingly debated as western countries have become more culturally diverse. Although discussion has frequently focused on the role Islamic family law should have in these countries, this book seeks to set that discussion within a wider context that includes consideration both of theoretical issues and also of empirical data about the interaction between specific family practices and state law in a variety of jurisdictions ranging from England and Wales to Bangladesh, Botswana, Spain, Poland, France, Israel, Iran and South Africa. The contributors to the 17 chapters approach the subject matter from a variety of perspectives, illustrating its complex and often sensitive nature. The book does not set out to propose any single definitive strategy that should be adopted, but provides material on which researchers, advocates and policy makers can draw in furthering their understanding of and seeking solutions to the problems raised by this significant social development.
Comparative Company Law: A Case-Based Approach - Edited by Mathias Siems and David Cabrelli
As attention moves rapidly towards comparative approaches, the research and teaching of company law has somehow lagged behind. The overall purpose of this book is therefore to fill a gap in the literature by identifying whether conceptual differences between countries exist. Rather than concentrate on whether the institutional structure of the corporation varies across jurisdictions, the objective of this book will be pursued by focusing on specific cases and how different countries might treat each of these cases. The book also has a public policy dimension, because the existence or absence of differences may lead to the question of whether formal harmonisation of company law is necessary.
The book covers 10 legal systems. With respect to countries of the European Union, it focuses on the most populous countries (Germany, France, the UK, Spain, Italy and Poland) as well as two smaller Member States (Finland and Latvia). In addition, the laws of two of the world's largest economies (the US and Japan) are included for the purposes of wider comparison. All of these jurisdictions are subjected to scrutiny by deploying a comparative case-based study. On the basis of these case solutions, various conclusions are reached, some of which challenge established orthodoxies in the field of comparative company law.
Organised Crime and the Law: A Comparative Analysis - Liz Campbell
Organised Crime and the Law presents an overview of the laws and policies adopted to address the phenomenon of organised crime in the United Kingdom and Ireland, assessing the changes to these justice systems, in terms of the prevention, investigation, prosecution and punishment of such criminality. While the notion of organised crime is a contested one, States’ legal responses treat it and its constituent offences as unproblematic in a definitional sense. This book advances a systematic doctrinal critique of these domestic criminal laws,laws of evidence and civil processes. Organised Crime and the Law focuses on the tension between due process and crime control, the demands of public protection and risk aversion, and other adaptations. In particular, it identifies parallels and points of divergence between the different jurisdictions in the UK and Ireland, bearing in mind the shared history of subversive threats and counter-terrorism policies. It also examines the extent to which policy transfer is evident in the UK and Ireland in terms of emulating the United States in reacting to organised crime.
European Competition Law Annual 2010: Merger Control in European and Global Perspective - Edited by Philip Lowe and Mel Marquis
Every year, top-level market regulators, academics and legal and economic practitioners contribute to the Annual Competition Workshop organised at the European University Institute in Florence. The Co-Directors of the Workshop are Philip Lowe, Mel Marquis and Giorgio Monti.
Workshop participants address and critically analyse a particular set of topical issues in the field of competition law and policy. The proceedings are published in Hart's European Competition Law Annual series.
This is the fifteenth in the ECLA series. It encompasses numerous chapters that examine the field of merger control from a variety of perspectives. In these chapters the contributors discuss legal and economic issues of substantive analysis, procedure, comity and best practices, as well as matters relating to the litigation of merger cases, particularly before the European Courts. The discussion also benefits from the perspectives of policy makers and experts from Canada, China, Japan, Korea, the United States and other jurisdictions and regions.
Contributors to the book include; John Boyce, Rachel Brandenburger, Jochen Burrichter, Maher Dabbah, Thomas Deisenhofer, Götz Drauz, Kirsten Edwards, Adam Fanaki, Calvin Goldman, Klaus Gugler, Barry Hawk, Scott Hemphill, Seonghoon Jeon, William Kovacic, Mel Marquis, Abel Mateus, Andreas Mundt, Lars-Hendrik Röller, Tadashi Shiraishi, Irwin Stelzer, James Venit, Sven Völcker, Vanessa Yanhua Zhang, Xinzhu Zhang
Catégories: Comparative Law News
JOURNAL: Transnational Legal Theory
The latest Transnational Legal Theory (Hart Publishing) has been published.
It includes:
Constitutional Adjudication and the ‘Dimensions’ of Judicial Activism: Comparative Legal and Institutional Heuristics - Leonardo Pierdominici
The Emergence of Global Administrative Law and Transnational Regulation - Karl-Heinz Ladeur
Theorising Global Governance Inside Out: A Response to Professor Ladeur - Sujith Xavie
Catégories: Comparative Law News
ARTICLE: Ramsay on SSRN and Law Journals
Ian Ramsay's 'SSRN and Law Journals - Rivals or Allies?' is now available:
The author identifies and evaluates the respective merits of publication in law journals and publication on the Social Science Research Network (SSRN) – the largest open access repository for legal scholarship. This evaluation leads to the conclusion that at this stage of the evolution of law journals and SSRN, there are advantages in authors publishing both in journals and on SSRN. However, publication on SSRN can have particular advantages for authors in smaller countries.
The article is, of course, accessible on SSRN here and will be published in the (2012) 40: 1 International Journal of Legal Information 134.
Catégories: Comparative Law News
POSTDOCTORAL FELLOWSHIPS: Mediterranean Research at Université d’Aix-Marseille
The
Fondation Maison des Sciences de l’Homme offers postdoctoral
fellowships to researchers in the social and human sciences for periods
of nine months as part of its “Fernand Braudel-IFER” (International
Fellowships for Experienced Researchers) programme. This programme is
supported by the European Union (Action Marie Curie – COFUND – 7th
PCRD).
This programme is also supported by the FMSH, the French Ministry of Higher Education and Research (Direction des relations européennes et internationales et de la coopération), the Fritz Thyssen Foundation (Köln, Germany), Princeton University (USA), The Ecole des Hautes Etudes en Sciences Sociales (EHESS), the Ecole Centrale Paris, the Institut de recherche stratégique de l’Ecole militaire - ministère de la Défense (IRSEM), the Bruno Kessler foundation (Trento, Italy), the Labex Dynamite, Hastec, IEC, IPOPS, Med, OBVIL, OT-med, Resmed, Tepsis and TransferS. The programme is also carried out in collaboration with the Deutscher Akademischer Austauschdienst (DAAD).
The Fernand Braudel-IFER programme breaks down into two sections 1. The Fernand Braudel-IFER incoming programme is designed for residencies in France (for researchers who belong to a foreign research centre). This programme targets applicants from all countries. From March 2013 onwards, candidates must apply to specific fellowships, offered by several Research institutions and “Laboratories of excellence” (Labex), partners of the programme. For details on these institutions and the fellowships offered, see Call March 2013 and Short presentation of the partners.
2. The Fernand Braudel-IFER outgoing programme is designed for research stays in another European country (for researchers who belong to a French research centre). This programme targets researchers residing in France who would like to benefit from a research stay in another European country (EU Member State or associate). Since 2010, the Clemens Heller fellowships (Outgoing to Germany) have been integrated, while keeping their own identity, in the new programme “Fernand Braudel-IFER”. The Clemens Heller fellowships are not designed to fit in a specific research frame. Applicants design their own research project and choose themselves their host laboratory in Germany. From March 2013 onwards, applicants willing to go to another European country (besides Germany) apply only to targeted fellowships offered by institutions and research centers combinations (Labex).
For details on the institutions and fellowships offered, see Call March 2013. Call for applications : The Fernand Braudel-IFER programme offers postdoctoral fellowships to researchers in the social and human sciences (SHS) who wish to have an international research experience.
Applicable scientific disciplines
All social and human sciences are eligible. An interdisciplinary approach to research topics is encouraged.
Duration of the fellowship
9 months. Fellowship holders must start their research stay maximum 6 months after the obtention of the grant.
Amount of the fellowship
The amount of the monthly stipend for room & board and living expenses is €2,000 (euros).
The cost of medical insurance is covered for the researchers hosted in France.
Travel expenses (return travel fare) between the researcher’s country of residence and France or between France and the host country will be covered, subject to prior approval.
Calendar:
Two calls for applications per year (deadlines for applications are 31 March and 30 September). Applications should be submitted exclusively online, through the online application form available on top of this page.
This programme is also supported by the FMSH, the French Ministry of Higher Education and Research (Direction des relations européennes et internationales et de la coopération), the Fritz Thyssen Foundation (Köln, Germany), Princeton University (USA), The Ecole des Hautes Etudes en Sciences Sociales (EHESS), the Ecole Centrale Paris, the Institut de recherche stratégique de l’Ecole militaire - ministère de la Défense (IRSEM), the Bruno Kessler foundation (Trento, Italy), the Labex Dynamite, Hastec, IEC, IPOPS, Med, OBVIL, OT-med, Resmed, Tepsis and TransferS. The programme is also carried out in collaboration with the Deutscher Akademischer Austauschdienst (DAAD).
The Fernand Braudel-IFER programme breaks down into two sections 1. The Fernand Braudel-IFER incoming programme is designed for residencies in France (for researchers who belong to a foreign research centre). This programme targets applicants from all countries. From March 2013 onwards, candidates must apply to specific fellowships, offered by several Research institutions and “Laboratories of excellence” (Labex), partners of the programme. For details on these institutions and the fellowships offered, see Call March 2013 and Short presentation of the partners.
2. The Fernand Braudel-IFER outgoing programme is designed for research stays in another European country (for researchers who belong to a French research centre). This programme targets researchers residing in France who would like to benefit from a research stay in another European country (EU Member State or associate). Since 2010, the Clemens Heller fellowships (Outgoing to Germany) have been integrated, while keeping their own identity, in the new programme “Fernand Braudel-IFER”. The Clemens Heller fellowships are not designed to fit in a specific research frame. Applicants design their own research project and choose themselves their host laboratory in Germany. From March 2013 onwards, applicants willing to go to another European country (besides Germany) apply only to targeted fellowships offered by institutions and research centers combinations (Labex).
For details on the institutions and fellowships offered, see Call March 2013. Call for applications : The Fernand Braudel-IFER programme offers postdoctoral fellowships to researchers in the social and human sciences (SHS) who wish to have an international research experience.
- The Fernand Braudel-IFER incoming programme is intended for foreign researchers who wish to benefit from a research stay in France.
- The Fernand Braudel-IFER outgoing programme is intended for researchers residing in France, whoo whish to benefit from a research stay in another European country (EU member states or affiliates). Candidates who wish to make a research stay in Germany should apply to the Fernand Braudel-IFER outgoing/Clemens Heller subprogramme.
- Carry out a research project in a host laboratory
- Integrate scientific networks in France and other European countries
- Build lasting partnerships between their home institution and the host institution
Applicable scientific disciplines
All social and human sciences are eligible. An interdisciplinary approach to research topics is encouraged.
Duration of the fellowship
9 months. Fellowship holders must start their research stay maximum 6 months after the obtention of the grant.
Amount of the fellowship
The amount of the monthly stipend for room & board and living expenses is €2,000 (euros).
The cost of medical insurance is covered for the researchers hosted in France.
Travel expenses (return travel fare) between the researcher’s country of residence and France or between France and the host country will be covered, subject to prior approval.
Calendar:
Two calls for applications per year (deadlines for applications are 31 March and 30 September). Applications should be submitted exclusively online, through the online application form available on top of this page.
Catégories: Comparative Law News
BOOK: Stelmach, Brożek, and Hohol on The Many Faces of Normativity
Copernicus Center Press has published Jerzy Stelmach, Bartosz Brożek, Mateusz Hohol (eds), The many faces of normativity (2012). It is:
A collection of essays dealing with the issue of normativity from various academic and scientific perspectives. The Reader will learn how phenomena such as norms, morality and rule-following are described and explained in philosophy, biology, psychology, linguistics and neuroscience. In addition, a discussion of the naturalistic fallacy from the philosophical and ethical perspectives will be included.
The Table of Contents includes:
Part One: Foundations of Normativity
Robert Audi
The Nature of Normativity and the Project of Naturalizing the Normative
Jan Woleński
Some Analogies Between Normative and Epistemic Discourse
Jaap Hage
The Deontic Furniture of the World. An Analysis of the Basic Concepts that Embody Normativity
Anna Brożek
The Naturalistic Fallacy From the Methodological Point of View
Jerzy Stelmach
The Naturalistic and Antinaturalistic Fallacies in Normative Discourse
Part Two: Key Debates
Bartosz Brożek
The Normativity of Meaning
Aeddan Shaw
The Perspectivist Account of the Normativity of Meaning Debate
Mateusz Hohol
The Normativity of Mathematics. A Neurocognitive Approach
Marcin Gorazda
Normativity According to Hayek
Marta Soniewicka
A Command Without a Commander – From the Paradigm of Normativity to the Paradigm of Responsibility
Part Three: Normativity and Natural Sciences
Edward Nęcka
Normativity: A Psychological Perspective
Marcin Siwek, Rafał Jaeschke, Dominika Dudek, Natalia Czyżowska
Moral Development, Normativity and Mental Disorders
Bartłomiej Kucharzyk
Is There a Normative Module? Some Remarks on the Wason Selection Task Experiments in the Field of Normative Reasoning
Wojciech Załuski
From Tit for Tat and Tribalism to the Golden Rule. Remarks on the Development of Moral Ideas
A collection of essays dealing with the issue of normativity from various academic and scientific perspectives. The Reader will learn how phenomena such as norms, morality and rule-following are described and explained in philosophy, biology, psychology, linguistics and neuroscience. In addition, a discussion of the naturalistic fallacy from the philosophical and ethical perspectives will be included.
The Table of Contents includes:
Part One: Foundations of Normativity
Robert Audi
The Nature of Normativity and the Project of Naturalizing the Normative
Jan Woleński
Some Analogies Between Normative and Epistemic Discourse
Jaap Hage
The Deontic Furniture of the World. An Analysis of the Basic Concepts that Embody Normativity
Anna Brożek
The Naturalistic Fallacy From the Methodological Point of View
Jerzy Stelmach
The Naturalistic and Antinaturalistic Fallacies in Normative Discourse
Part Two: Key Debates
Bartosz Brożek
The Normativity of Meaning
Aeddan Shaw
The Perspectivist Account of the Normativity of Meaning Debate
Mateusz Hohol
The Normativity of Mathematics. A Neurocognitive Approach
Marcin Gorazda
Normativity According to Hayek
Marta Soniewicka
A Command Without a Commander – From the Paradigm of Normativity to the Paradigm of Responsibility
Part Three: Normativity and Natural Sciences
Edward Nęcka
Normativity: A Psychological Perspective
Marcin Siwek, Rafał Jaeschke, Dominika Dudek, Natalia Czyżowska
Moral Development, Normativity and Mental Disorders
Bartłomiej Kucharzyk
Is There a Normative Module? Some Remarks on the Wason Selection Task Experiments in the Field of Normative Reasoning
Wojciech Załuski
From Tit for Tat and Tribalism to the Golden Rule. Remarks on the Development of Moral Ideas
Catégories: Comparative Law News
POSTDOCTORAL FELLOWSHIPS: LSE Department of Anthropology - Inequality and Poverty in India
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The London School of Economics and Political Science offers Postdoctoral Fellows (up to five positions) on a Programme of Research on Inequality and Poverty in India.
Fixed term for up to three years and to ideally commence in October 2013.
Salary is not less than £32,469 pa inclusive (pro rata if part time)
The LSE Anthropology Department is pleased to invite applications to the above posts to be funded by the ESRC and the EU ERC. The positions offer an exciting opportunity to join an international research team working on inequality and poverty led by Dr Alpa Shah in collaboration with Dr Jens Lerche (SOAS), Dr Clarinda Still (Oxford), Professor Jonathan Parry (LSE) and Professor Barbara Harriss-White (Oxford). Successful candidates will benefit from engagement with a number of international experts as well as a number of in-house experts such as Mukulika Banerjee, Laura Bear, Stuart Corbridge and Deborah James. The aim is to develop perspectives of political economy within the discipline of anthropology by ethnographically investigating the persistence of poverty amongst adivasis and dalits in the belly of the Indian economic boom.
Background
Too often the way in which we theorise rural social transformation draws disproportionately on the agrarian transition as experienced in Western Europe. By focusing on the case of the poorest sections of society in contemporary India (eg adivasis and dalits), we seek to develop a comparative framework for the study of poverty that focuses on the interrelationship between economic and other aspects of the production of inequality (such as caste, ethnicity and religion). We will explain the processes through which poverty and processes of socio-economic marginalisation persist in India, and why and how they affect some groups more than others. Within the discipline of anthropology we seek to reinvigorate the significance of understanding the transformation in social relations and interactions between people which affect the ways in which they reproduce themselves, exploit and use each other; these are processes which create both poverty and welfare. The overall aim is for our ethnographically informed studies to contribute to a comparative project exploring changing patterns of inequality and poverty.
Details
Fellows will join a collaborative research training and writing programme with international expert advisors including Professor Jan Breman, Professor Ravi Srivastava, Professor K P Kannan, Professor Patricia Jeffery, Dr Isabelle Guérin, Dr Matthew McCartney and Dr Bengt Karlsson. They will join one of the leading Departments of Anthropology in the world, contribute to its distinguished and cutting-edge Friday morning weekly Research Seminar. In the first phase of the Fellowship, Fellows will actively participate in and contribute to a weekly research training programme based at the LSE. In the second phase of the Fellowship, they will spend at least 12 months undertaking a substantive piece of new field-research. In the final phase of the Fellowship, Fellows will participate in a weekly writing programme based at the LSE. Some aspects of the research will be developed collaboratively and conducted across the field sites of each Fellow for the programme to be comparative as a whole. However, it is fully expected that Fellows will develop their own independent research trajectories over the course of the Fellowship within the frame of the overall research programme. Candidates should ideally seek to work in rural central and eastern India (including Bihar, Eastern UP, West Bengal, Jharkhand, Chhattisgarh, Orissa, Madhya Pradesh, Maharashtra, and northern Andhra Pradesh) but applications for all parts of the country will be considered. In exceptional circumstances, candidates seeking to work reduced hours will be considered. Over the course of the Fellowship, successful candidates are expected to finalise their prior work for publication, begin to develop the new research undertaken into a monograph and single authored articles, as well as work on a series of collaborative articles with members of the team, and contribute to an impact plan.
Requirements
Before commencing post, Fellows must have submitted a PhD. The PhD should be in Social
Anthropology or in a related discipline which has required them to undertake extensive long-term ethnographic field research in India. They should be able to work well in a team.
Applications Procedure
To apply for this post please go to www.lse.ac.uk/JobsatLSE and click on ‘Vacancies’ .
Candidates will be asked to submit the following:
1) A Covering letter
2) A CV
3) Two supporting documents:
· A sample of written work of chapter or article length
· A research statement of no more than four pages. This should include:
o 1-2 page summary of PhD thesis
o A short summary of 2 pages on how they might contribute to the overall comparative Programme. More than one possible direction may be proposed, at the discretion of the candidate. This document will form a basis for discussion if the applicant is shortlisted. It is anticipated that each individual study will to some extent be modified to optimize the coherence of the project as a whole.
4) Names of three academic references
Informal enquiries may be made to Dr Alpa Shah: a.m.shah@lse.ac.uk
Applications should be received by 4 April 2013.
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The London School of Economics and Political Science offers Postdoctoral Fellows (up to five positions) on a Programme of Research on Inequality and Poverty in India.
Fixed term for up to three years and to ideally commence in October 2013.
Salary is not less than £32,469 pa inclusive (pro rata if part time)
The LSE Anthropology Department is pleased to invite applications to the above posts to be funded by the ESRC and the EU ERC. The positions offer an exciting opportunity to join an international research team working on inequality and poverty led by Dr Alpa Shah in collaboration with Dr Jens Lerche (SOAS), Dr Clarinda Still (Oxford), Professor Jonathan Parry (LSE) and Professor Barbara Harriss-White (Oxford). Successful candidates will benefit from engagement with a number of international experts as well as a number of in-house experts such as Mukulika Banerjee, Laura Bear, Stuart Corbridge and Deborah James. The aim is to develop perspectives of political economy within the discipline of anthropology by ethnographically investigating the persistence of poverty amongst adivasis and dalits in the belly of the Indian economic boom.
Background
Too often the way in which we theorise rural social transformation draws disproportionately on the agrarian transition as experienced in Western Europe. By focusing on the case of the poorest sections of society in contemporary India (eg adivasis and dalits), we seek to develop a comparative framework for the study of poverty that focuses on the interrelationship between economic and other aspects of the production of inequality (such as caste, ethnicity and religion). We will explain the processes through which poverty and processes of socio-economic marginalisation persist in India, and why and how they affect some groups more than others. Within the discipline of anthropology we seek to reinvigorate the significance of understanding the transformation in social relations and interactions between people which affect the ways in which they reproduce themselves, exploit and use each other; these are processes which create both poverty and welfare. The overall aim is for our ethnographically informed studies to contribute to a comparative project exploring changing patterns of inequality and poverty.
Details
Fellows will join a collaborative research training and writing programme with international expert advisors including Professor Jan Breman, Professor Ravi Srivastava, Professor K P Kannan, Professor Patricia Jeffery, Dr Isabelle Guérin, Dr Matthew McCartney and Dr Bengt Karlsson. They will join one of the leading Departments of Anthropology in the world, contribute to its distinguished and cutting-edge Friday morning weekly Research Seminar. In the first phase of the Fellowship, Fellows will actively participate in and contribute to a weekly research training programme based at the LSE. In the second phase of the Fellowship, they will spend at least 12 months undertaking a substantive piece of new field-research. In the final phase of the Fellowship, Fellows will participate in a weekly writing programme based at the LSE. Some aspects of the research will be developed collaboratively and conducted across the field sites of each Fellow for the programme to be comparative as a whole. However, it is fully expected that Fellows will develop their own independent research trajectories over the course of the Fellowship within the frame of the overall research programme. Candidates should ideally seek to work in rural central and eastern India (including Bihar, Eastern UP, West Bengal, Jharkhand, Chhattisgarh, Orissa, Madhya Pradesh, Maharashtra, and northern Andhra Pradesh) but applications for all parts of the country will be considered. In exceptional circumstances, candidates seeking to work reduced hours will be considered. Over the course of the Fellowship, successful candidates are expected to finalise their prior work for publication, begin to develop the new research undertaken into a monograph and single authored articles, as well as work on a series of collaborative articles with members of the team, and contribute to an impact plan.
Requirements
Before commencing post, Fellows must have submitted a PhD. The PhD should be in Social
Anthropology or in a related discipline which has required them to undertake extensive long-term ethnographic field research in India. They should be able to work well in a team.
Applications Procedure
To apply for this post please go to www.lse.ac.uk/JobsatLSE and click on ‘Vacancies’ .
Candidates will be asked to submit the following:
1) A Covering letter
2) A CV
3) Two supporting documents:
· A sample of written work of chapter or article length
· A research statement of no more than four pages. This should include:
o 1-2 page summary of PhD thesis
o A short summary of 2 pages on how they might contribute to the overall comparative Programme. More than one possible direction may be proposed, at the discretion of the candidate. This document will form a basis for discussion if the applicant is shortlisted. It is anticipated that each individual study will to some extent be modified to optimize the coherence of the project as a whole.
4) Names of three academic references
Informal enquiries may be made to Dr Alpa Shah: a.m.shah@lse.ac.uk
Applications should be received by 4 April 2013.
Catégories: Comparative Law News
CALL FOR ABSTRACTS EXTENDED: Filling the Gaps - The Study of Judicial Creativity and Equity in Mixed Jurisdictions and Beyond
Filling the Gaps: The Study of Judicial Creativity and Equity in Mixed Jurisdictions and Beyond
Catania, Italy - May 27-28, 2013
NOTE THAT THE CALL FOR ABSTRACTS HAS BEEN EXTENDED TO MARCH 8, 2013 (SEE BELOW)
The Protection Project at the John Hopkins University School of Advanced International Studies (SAIS), in cooperation with the World Society of Mixed Jurisdiction Jurists (WSMJJ), and the Tulane University Law School Eason Weinmann Center for Comparative Law, invite the submission of papers for an international conference on "Filling the Gaps: The Study of Judicial Creativity and Equity in Mixed Jurisdictions and Beyond" scheduled take place in Catania, Italy on May 27-28, 2013: Our host for this conference is the Dipartimento di Scienze Politiche e sociali of the University of Catania.
The conference explores the sources, methods and approaches used by the courts in mixed jurisdictions when they face a lacuna in the law, ie when they arrive at a case of first impression without a legal rule.
The following questions are meant to be suggestive, not exhaustive.
- What differences exist in the approaches to gap-filling in mixed, civilian and common law systems?
- What differences in technique exist within the mixed jurisdictions themselves, eg between codified systems and uncodified systems?
- To what extent is the borrowing of common law solutions taken to be "equity" or gap-filling? Is this considered a legitimate form of equity?
- To what extent is "equity" understood as a civilian concept? Is it fully divorced from the "Equity" of the common law?
- How are gaps defined, revealed or recognized? Is their existence a precondition of equitable activity? Is there a taxonomy of gaps?
- Is there an established procedure, a Directory Provision, a hierarchy of sources to be consulted, or is the process of gap-filling left entirely to the discretion of the judge?
- To what extent is this form of judicial activity synonymous with the production of seminal and leading cases?
- Which substantive fields of the law are particularly fertile for gap-filling?
Papers that explore gap-filling in either single or multiple fields of private or public law are welcome.
We invite you to submit a 1-2 page abstract of your paper by email to the selection committee c/o Ms. Anna Koppel, Director of Research and Development, The Protection Project (akoppel1@jhu.edu) no later than March 8, 2013.
Authors of accepted abstracts will be notified by March 15, 2015, and invited to present their papers at the conference. The expenses of conference speakers will be covered by the organizers.
Conference proceedings will be jointly published by The Protection Project, the World Society of Mixed Jurisdictions Jurists, and the Eason Weinmann Center for Comparative Law.
Catégories: Comparative Law News
JOURNAL: The German Law Journal
The latest German Law Journal includes:
- The Development of German Corporate Law to 1990: An Historical Reappraisal - PDF - Peter Muchlinski
- Innovative Governance in EU Regional and Monetary Policy-Making - PDF - Ingeborg Tömmel & Amy Verdun
- The Law Before It is law: Franz Kafka and the (Im)possibility of the Law’s Self-Reflection - PDF - Gunther Teubner
Catégories: Comparative Law News
ARTICLE: Cunneen on Colonial Processes, Indigenous Peoples, and Criminal Justice Systems
Chris Cunneen's 'Colonial Processes, Indigenous Peoples, and Criminal Justice Systems' has been published on SSRN:
This chapter considers the interaction between colonial processes, Indigenous peoples and criminal justice systems. The commonalities in the experiences of Indigenous peoples in white settler societies (Australia, Canada, New Zealand and the US) provide the focus for an exploration of the implications of the colonial process for understanding Indigenous contact with western criminal justice systems across a number of domains. A fundamental point derived from this exploration is that the politics and outcomes of colonization are not simply of historical interest. Rather, the contemporary relationship between Indigenous people and crime, punishment, and justice is structured by these longer term relationships.
This chapter considers the interaction between colonial processes, Indigenous peoples and criminal justice systems. The commonalities in the experiences of Indigenous peoples in white settler societies (Australia, Canada, New Zealand and the US) provide the focus for an exploration of the implications of the colonial process for understanding Indigenous contact with western criminal justice systems across a number of domains. A fundamental point derived from this exploration is that the politics and outcomes of colonization are not simply of historical interest. Rather, the contemporary relationship between Indigenous people and crime, punishment, and justice is structured by these longer term relationships.
Catégories: Comparative Law News
RIP: Franz von Benda-Beckmann
We received the following sad news recently from the Commission for Legal Pluralism:
Franz von Benda-Beckmann died unexpectedly in Amsterdam on 7 January 2013. His death is a great loss to those of us in the legal anthropology community.
He was one of the most influential international scholars in the field of legal anthropology and was an early member and long-time supporter of the Commission on Legal Pluralism. During his prolific career, he produced 29 edited books and volumes, and more than 266 articles, reviews, commentaries and invited lectures. Many of these were coauthored with his wife, Keebet von Benda-Beckmann, also a prolific scholar. He wrote and co-edited several books on issues of property rights, social (in)security, and legal pluralism in developing countries and on legal anthropological theory. Recent influential volumes include: with Keebet von Benda-Beckmann and Julia Eckert “Rules of Law and Laws of Ruling” (Ashgate 2009); with Keebet von Benda-Beckmann and Anne Griffiths “Spatializing Law” (Ashgate 2009); with Keebet von Benda-Beckmann and Anne Griffiths “The Power of Law in a Transnational World” (Berghahn 2009); with Keebet von Benda-Beckmann and Melanie G. Wiber “Changing Properties of Property” (Berghahn 2006); with Keebet von Benda-Beckmann, “Social Security between Past and Future: Ambonese Networks of Care and Support” (LIT Verlag 2007). He was a wonderful mentor and the thesis supervisor of many leading scholars in legal anthropology, particularly in the expanding field of legal pluralism.
Career
Franz was born in 1941 and educated in the Gynmasium in Kiel. After leaving school he studied law in Munich, Lausanne, and Kiel. After obtaining his first law degree at the High Court in Schleswig (1967), he went to Malawi for eleven months of field research on legal pluralism. In 1970, he obtained his PhD in law with his dissertation Rechtspluralismus in Malawi: Geschichtliche Entwicklung und heutige Problematik (Legal Pluralism in Malawi: Historical development and contemporary problems) at the University of Kiel. Between 1968 and 1972, he did practical legal training (Referendardienst) and obtained his second law degree at the High Court of Hamburg in 1972. In October 1972, he moved to Zurich together with his wife, Keebet von Benda-Beckmann, born Droogleever Fortuijn. He worked as an assistant at the Seminar for Social Anthropology of the University of Zurich. In 1974 and 1975, Keebet and he carried out sixteen months field research in West Sumatra, Indonesia, among the Minangkabau. His research focused on legal pluralism and property and inheritance. On the basis of this research, he obtained his Habilitation in Social Anthropology at the University of Zurich in 1979.
In late 1977 he moved to the Netherlands where he first worked at the University of Leiden, heading a small research institute dealing with law in the former Dutch colonies. In 1981, he was appointed professor for law and rural development in developing countries. In 1985 and 1986, Keebet and he carried out research in the Moluccas on rural social security and resource rights issues under conditions of legal pluralism. In the 1990s, they carried out legal anthropological research training courses for researchers working on water rights and management in India and Nepal, sponsored by the Ford Foundation. They also managed a larger research project on legal complexity, ecological sustainability and social (in)security in Indonesia.
In 2000, Keebet and he moved to Halle to establish and head the project group Legal Pluralism at the Max Planck Institute for Social Anthropology together. In 2002 he was appointed Honorary Professor for Ethnology at the University of Leipzig and in 2004, Honorary Professor for Legal Pluralism at the University of Halle.
He served on many key advisory bodies. These included: the Advisory Council of the Social Science Research Council for the Tropics (1981-1988); the Dutch Steering Group of the Cultural Agreement between the Netherlands and Indonesia (1985-1992); IUAES Commission on Folk Law and Legal Pluralism (1981-2013); Executive Body of the Commission (1995-2013); Chairman of the Dutch-Belgian Association for the Social-Scientific Study of Law (1987-1999); the General Board of the Royal Institute for Anthropology and Linguistics, Leiden (1980s-1990s). He also served as associate editor for the Journal of Legal Pluralism, and on the Advisory Board for Law, Social Justice and Global Development (electronic law journal, Warwick University); Journal of REaD (Resources, Energy, and Development), New Delhi; the Australian Journal of Asian Law; the International Journal of Law in Context; Consulting editor of FOCAAL, European Journal of Social Anthropology.
Together with Keebet, Franz was part of the group that established the Commission on Legal Pluralism. They have remained involved in various capacities up to the present day. Franz’ ideas, suggestions and energy will be missed sorely in the Commission, whereas to many individual members his loss is that of a good friend.
Franz von Benda-Beckmann died unexpectedly in Amsterdam on 7 January 2013. His death is a great loss to those of us in the legal anthropology community.
He was one of the most influential international scholars in the field of legal anthropology and was an early member and long-time supporter of the Commission on Legal Pluralism. During his prolific career, he produced 29 edited books and volumes, and more than 266 articles, reviews, commentaries and invited lectures. Many of these were coauthored with his wife, Keebet von Benda-Beckmann, also a prolific scholar. He wrote and co-edited several books on issues of property rights, social (in)security, and legal pluralism in developing countries and on legal anthropological theory. Recent influential volumes include: with Keebet von Benda-Beckmann and Julia Eckert “Rules of Law and Laws of Ruling” (Ashgate 2009); with Keebet von Benda-Beckmann and Anne Griffiths “Spatializing Law” (Ashgate 2009); with Keebet von Benda-Beckmann and Anne Griffiths “The Power of Law in a Transnational World” (Berghahn 2009); with Keebet von Benda-Beckmann and Melanie G. Wiber “Changing Properties of Property” (Berghahn 2006); with Keebet von Benda-Beckmann, “Social Security between Past and Future: Ambonese Networks of Care and Support” (LIT Verlag 2007). He was a wonderful mentor and the thesis supervisor of many leading scholars in legal anthropology, particularly in the expanding field of legal pluralism.
Career
Franz was born in 1941 and educated in the Gynmasium in Kiel. After leaving school he studied law in Munich, Lausanne, and Kiel. After obtaining his first law degree at the High Court in Schleswig (1967), he went to Malawi for eleven months of field research on legal pluralism. In 1970, he obtained his PhD in law with his dissertation Rechtspluralismus in Malawi: Geschichtliche Entwicklung und heutige Problematik (Legal Pluralism in Malawi: Historical development and contemporary problems) at the University of Kiel. Between 1968 and 1972, he did practical legal training (Referendardienst) and obtained his second law degree at the High Court of Hamburg in 1972. In October 1972, he moved to Zurich together with his wife, Keebet von Benda-Beckmann, born Droogleever Fortuijn. He worked as an assistant at the Seminar for Social Anthropology of the University of Zurich. In 1974 and 1975, Keebet and he carried out sixteen months field research in West Sumatra, Indonesia, among the Minangkabau. His research focused on legal pluralism and property and inheritance. On the basis of this research, he obtained his Habilitation in Social Anthropology at the University of Zurich in 1979.
In late 1977 he moved to the Netherlands where he first worked at the University of Leiden, heading a small research institute dealing with law in the former Dutch colonies. In 1981, he was appointed professor for law and rural development in developing countries. In 1985 and 1986, Keebet and he carried out research in the Moluccas on rural social security and resource rights issues under conditions of legal pluralism. In the 1990s, they carried out legal anthropological research training courses for researchers working on water rights and management in India and Nepal, sponsored by the Ford Foundation. They also managed a larger research project on legal complexity, ecological sustainability and social (in)security in Indonesia.
In 2000, Keebet and he moved to Halle to establish and head the project group Legal Pluralism at the Max Planck Institute for Social Anthropology together. In 2002 he was appointed Honorary Professor for Ethnology at the University of Leipzig and in 2004, Honorary Professor for Legal Pluralism at the University of Halle.
He served on many key advisory bodies. These included: the Advisory Council of the Social Science Research Council for the Tropics (1981-1988); the Dutch Steering Group of the Cultural Agreement between the Netherlands and Indonesia (1985-1992); IUAES Commission on Folk Law and Legal Pluralism (1981-2013); Executive Body of the Commission (1995-2013); Chairman of the Dutch-Belgian Association for the Social-Scientific Study of Law (1987-1999); the General Board of the Royal Institute for Anthropology and Linguistics, Leiden (1980s-1990s). He also served as associate editor for the Journal of Legal Pluralism, and on the Advisory Board for Law, Social Justice and Global Development (electronic law journal, Warwick University); Journal of REaD (Resources, Energy, and Development), New Delhi; the Australian Journal of Asian Law; the International Journal of Law in Context; Consulting editor of FOCAAL, European Journal of Social Anthropology.
Together with Keebet, Franz was part of the group that established the Commission on Legal Pluralism. They have remained involved in various capacities up to the present day. Franz’ ideas, suggestions and energy will be missed sorely in the Commission, whereas to many individual members his loss is that of a good friend.
Catégories: Comparative Law News
JOURNAL: Journal of Legal Pluralism
The Journal of Legal Pluralism has become the official publication of the Commission for Legal Pluralism. Indeed, from this year it'll be published by Routledge, Taylor & Francis.
Commission members will receive the journal in electronic form as
part of their Commission membership fee, with the added option of purchasing
print copies. The first issue is expected next month.
Catégories: Comparative Law News
SUMMER PROGRAMME: Civil Law Intitiative
Les inscriptions pour l'Université d'été 2013 du droit continental sont ouvertes!
Si vous voulez approfondir vos connaissances en droit continental dans un cadre prestigieux et profiter d'un été parisien, n'hésitez pas à vous inscrire via notre site internet www.fondation-droitcontinental.org
Partagez l'Université d'été autour de vous!
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Applications for the Summer University 2013 on continental law are open!
If you want to deepen your knowledge in continental law in a prestigious place and enjoy you summer in Paris, you can apply on our website www.fondation-droitcontinental.org
Share the Summer University around you to your friends and colleagues!
Si vous voulez approfondir vos connaissances en droit continental dans un cadre prestigieux et profiter d'un été parisien, n'hésitez pas à vous inscrire via notre site internet www.fondation-droitcontinental.org
Partagez l'Université d'été autour de vous!
--
Applications for the Summer University 2013 on continental law are open!
If you want to deepen your knowledge in continental law in a prestigious place and enjoy you summer in Paris, you can apply on our website www.fondation-droitcontinental.org
Share the Summer University around you to your friends and colleagues!
Catégories: Comparative Law News
BOOK: Brożek on Rule-Following
Copernicus Center Press has just published Bartosz
Brożek, Rule-Following: From Imitation to
the Normative Mind:
The book attempts to decipher the practice of rule-following with the use of the tools offered both by contemporary philosophy and neuroscience. The Author claims – in the Wittgensteinian spirit – that rule-following cannot be thought of in terms of individual mental states only: in order to explain what rules are, one needs to consider rule-following to be a communal practice. This stance is backed by some evolutionary scenarios and neuroscientific theories. The monograph culminates in an explication of rule-following in language, morality and mathematics.
The book attempts to decipher the practice of rule-following with the use of the tools offered both by contemporary philosophy and neuroscience. The Author claims – in the Wittgensteinian spirit – that rule-following cannot be thought of in terms of individual mental states only: in order to explain what rules are, one needs to consider rule-following to be a communal practice. This stance is backed by some evolutionary scenarios and neuroscientific theories. The monograph culminates in an explication of rule-following in language, morality and mathematics.
Catégories: Comparative Law News