Juris Diversitas

Vol 3, No 1 (2013) of the Oñati Socio-Legal Series is available.

Its theme is:

Ultima Ratio, a principle at risk. European Perspectives Issue edited by Joxerramon Bengoetxea (University of the Basque Country), Heike Jung (Saarland University) and Kimmo Nuotio (University of Helsinki)

Papers resulting from the workshop Ultima Ratio. Is the General Principle at Risk in our European Context? held in Oñati on 2nd - 4th February 2012.

JOIN US!
We need your help.

Ordinary Membership is €50 for the calendar year. 

A Discounted Membership, for young scholars under the age of thirty or for scholars in developing nations, is €25.

In addition to being able to vote in elections, both memberships include discounts on conference fees. 

We also hope to offer all members discounts on volumes in the new Ashgate Juris Diversitas Series. 

Each year, ordinary members will receive a selected volume from the Series for free. 

For additional information, see here.

Members of the National Networks of the  are invited to apply to the Medium Term Call for Project Proposals 2013.

The call aims to support projects that promote the mobilisation and empowerment of civil society for inclusion and citizenship in line with the ALF 4D Strategy. This strategy conceives intercultural dialogue as a civil society mobilisation factor, aimed at valuing diversity, promoting the participation of the society in building open and plural democracies, and fostering inclusive and sustainable human development.

The call is open to applicants who are accepted members of one of the ALF Networks in the 42 EuroMed countries prior to the 15th January 2013. The deadline for applying is the 15th April 2013. 

For more information download the guidelines at: http://www.annalindhgrants.org/guidelines.

Les membres des réseaux nationaux de la Fondation Anna Lindh sont invités à postuler à l'Appel à Propositions de Projets de Moyen Terme 2013.

L’appel vise à soutenir des idées de projets permettant de promouvoir la mobilisation et le renforcement de la société civile pour l’inclusion et la citoyenneté, conformément à la Stratégie des 4D de la FAL. Cette stratégie conçoit le dialogue interculturel comme un facteur de mobilisation de la société civile, visant à valoriser la diversité, à promouvoir la participation de la société dans la construction de démocraties ouvertes et plurielles, et à encourager un développement humain inclusif et durable.

L'appel est ouvert aux candidats qui ont été acceptés comme membres de l'un des réseaux de la FAL dans les 42 pays euro-méditerranéens avant le 15 Janvier 2013. La date limite pour postuler est le 15 Avril 2013.
Pour plus d'informations téléchargez les lignes directrices à l’adresse suivante: http://www.annalindhgrants.org/fr/lignes-directrices

Anna Lindh Foundation
P.O. Box 732 El Mansheia, Alexandria, Al Iskandarlyah, 21111, Egypt Website: www.euromedalex.org
Facebook: www.facebook.com/annalindhfoundation
Twitter: www.twitter.com/annalindh

International Congress on Gender Violence: intersectionalities  (IISJ Onati, July 10-12, 2013)    The congress will be hosted by the International Institute for Sociology of Law, which is located in Oñati, Spain. Sessions will be held in both English and Spanish, with simultaneous translation provided for the final keynote speaker session.    This congress is aimed at examining the main conceptual frameworks for thinking about gender violence. We invite participants to consider how useful the concept of gender violence is for tackling violence against women. We also particularly encourage papers that will examine the intersections of gender violence with other determinants of inequalities. Papers are invited from researchers working in the area of gender violence, as well as policy makers, practitioners and activists. We feel that this interdisciplinary framework may help to produce new conceptualisations of gender violence.   It is proposed to have sessions on:

• New theoretical models of gender violence: questioning the primacy of gender inequality
• The persistence of gender violence as a gendered phenomenon
• The intersection of gender, race and ethnicity
• Giving voice of marginalised women: disabled women’s experiences of violence
• Debunking stereotypes of battered women: intersections of gender and class
• Sexuality and violence

Abstracts should be submitted online before March 4th, 2013.  For further information, visit the IISJ website: www.iisj.net.

Our colleague at PluriLegal just circulated the following message about two interesting events:
The first concerns two panel discussions at the King's India Institute. The discussions are on (i) Secularism in Pakistan and (ii)Comparative Constitutionalism in South Asia. For details, see here.    In addition, a lecture entitled 'Confessions of a Judicial Activist' will be given by Justice Albie Sachs in early March. The event is organised by the School of Law, Queen Mary University of London. For details, see here.

PhD studentship in Citizenship, Civil Society and Rule of Law

The Centre for Citizenship, Civil Society and Rule of Law (CISRUL) is offering an inter-disciplinary 3-year PhD studentship to start in September 2013. The studentship will include full UK/Europe fees (overseas students will pay the difference of £7100) and partial maintenance. The holder will reside in Aberdeen during the 3 years (except for research trips). We welcome applicants from anthropology, business, cultural and literary studies, history, legal theory and socio-legal studies, philosophy, politics, religious studies, sociology and theology.
Founded in 2009, CISRUL aims to produce conversation across the social sciences and humanities on key concepts of the modern polity. Citizenship, civil society and rule of law are three such key concepts, all three of some pedigree but enjoying a new lease of life, prescribed by bodies such as IMF and United Nations, championed by social movements, and debated in the media and in academic research, although we are also interested in related notions such as democracy, human rights, multiculturalism and pluralism.

Note that applicants must hold or be close to completing a postgraduate Masters degree in a relevant field.

The deadline for full consideration of applications is Friday, 8 March 2013, although we may consider late applications.

Please view www.abdn.ac.uk/cisrul for further details. For enquiries, please contact Tracey Connon (t.connon@abdn.ac.uk) in the first instance.

Applicants may also consider applying for a Comparative Statecraft and Constitutional Thought studentship. See http://www.abdn.ac.uk/cass/graduate/funding/research/02/

    Trevor Stack
Director, Centre for Citizenship, Civil Society and Rule of Law University of Aberdeen Aberdeen, UK
Email: t.connon@abdn.ac.uk

Visit the website at http://www.abdn.ac.uk/cisrul

A few days ago, the Legal History Blog noted that:

Cambridge University Press recently published Law and Custom in Korea: Comparative Legal History, by Marie Seong-Hak Kim (St. Cloud State University). A description from the Press:

This book sets forth the evolution of Korea's law and legal system from the Chosǒn dynasty through the colonial and postcolonial modern periods. This is the first book in English that comprehensively studies Korean legal history in comparison with European legal history, with particular emphasis on customary law. Korea's passage to Romano-German civil law under Japanese rule marked a drastic departure from its indigenous legal tradition. The transplantation of modern civil law in Korea was facilitated by Japanese colonial jurists who themselves created a Korean customary law; this constructed customary law served as an intermediary regime between tradition and the demands of modern law. The transformation of Korean law by the brisk forces of Westernization points to new interpretations of colonial history and it presents an intriguing case for investigating the spread of law on the global level. In-depth discussions of French customary law and Japanese legal history in this book provide a solid conceptual framework suitable for comparing European and East Asian legal traditions.

And a few blurbs:
"At first look, the title of the book gives readers an expectation of continuity in theme evolving in Korean customary law from premodern times to the present. It is, however, a saga in which Kim tells us of how the civil law tradition in France and Germany was transplanted to Japan and only a few decades later to its colony Korea, as Japanese rulers and judges saw that it fit the needs of efficient colonial management and Western jurisprudence's requirements of customary law. Kim's book provides us with sad but rich stories to explore from Korean civil law history." –Dai-Kwon Choi (Seoul National University)

"For too long, East Asia in general and Korea in particular has been treated as a backwater in comparative legal studies. Marie Kim's monumental contribution helps correct this state of affairs. With nuance and rigor, she uses the lens of custom to situate modern Korean law in a comparative context. A major advance not only for our understanding of modern Korea but also of colonial and postcolonial legality more broadly." – Tom Ginsburg (University of Chicago Law School) Read on here.

Professor Kim is a member of the International Editorial Board of the ESCLH's Comparative Legal History.

Ernst Van Bemmelen van Gent’s ‘Legal Education: A New Paradigm’ is on SSRN:
In the past, between the years 1800 and 1950, legal education was a local, generalist, apprentice-based, non-corporate, and highly academic self-explanatory affair. Most of the legal professionals regarded themselves as involved in ex-post private law and criminal litigation/trials. Legal theory and the curriculum, correspondingly, could focus mainly on local private and criminal law contained in approximately 10.000 pages. 

At the start of the 21st century a number of things have changed. Around 100 specialized areas of legal theory and practice have emerged, along with millions of pages of new material. The sources of these new rules are increasingly international and regional, especially in Europe. The legal profession has also industrialized. The sole practitioner is outnumbered by legal professionals that are mass producing legal services and legislative instruments, as well as adjudicative products. Client demand has changed the emphasis to be more focused on ex ante: preventing disputes. Employers are expecting more than ever that graduates are well on their way through this increased volume of material, plus well versed in critical thinking, advocacy and research techniques. Moreover, in the countries where legal education is subsidized, universities are expected to educate more pupils for less money, plus accepting lower entry qualifications favoring historically less privileged groups. This process includes attempts, again especially in Europe, to harmonize the higher education degree structure across states. 

Law school traditions have not responded to these developments yet. The curriculum and teaching techniques have remained largely the same as in the 1800 to 1950 era. 

The time is ready to change legal education drastically. To guide and justify that change, a modern, 21st century paradigm is required, addressing what the legal profession entails, what issues the legal profession deals with and what legal competences are required, to solve legal problems cheaply, efficiently and in a client friendly manner. Such a new paradigm should also provide the necessary assessment criteria evaluating, which law graduates may be permitted access to legal practices, including the various professional bodies admission procedures but also corporate hiring practices for junior and senior positions. 

This article provides such paradigm. It describes and defines the legal profession along four types of legal practices that exist all over the world. It identifies the “top 55 legal issues” that are most fundamental to any legal practice. It selects 50 areas of law that are necessary for instruction in law schools. More importantly, it argues which 6 legal skills/competencies should be the guiding tool for curriculum and assessment design, as well as the criteria for recruitment, life-long learning and career development in the legal profession. Furthermore, the new paradigm for legal education integrates the global ambitions (UN, OECD, G20) in the fields of sustainable development and rule of law into the daily reality of the legal profession, legal education and legal research.

Edward Elgar Publishing has announced the following:
Randall S Abate and Elizabeth Ann Kronk (eds), Climate Change And Indigenous Peoples: The Search for Legal Remedies
This timely volume explores the ways in which indigenous peoples across the world are challenged by climate change impacts, and discusses the legal resources available to confront those challenges.
Indigenous peoples occupy a unique niche within the climate justice movement, as many indigenous communities live subsistence lifestyles that are severely disrupted by the effects of climate change. Additionally, in many parts of the world, domestic law is applied differently to indigenous peoples than it is to their non-indigenous peers, further complicating the quest for legal remedies. The contributors to this book bring a range of expert legal perspectives to this complex discussion, offering both a comprehensive explanation of climate change-related problems faced by indigenous communities and a breakdown of various real world attempts to devise workable legal solutions. Regions covered include North and South America (Brazil, Canada, the US and the Arctic), the Pacific Islands (Fiji, Tuvalu and the Federated States of Micronesia), Australia and New Zealand, Asia (China and Nepal) and Africa (Kenya).
This comprehensive volume will appeal to professors and students of environmental law, indigenous law and international law, as well as practitioners and policymakers with an interest in indigenous legal issues and environmental justice.
Additional titles in international law include:
Laurence Boisson de Chazournes, Christina Leb, and Mara Tignino (eds), International Law And Freshwater: The Multiple Challenges
Onita Das, Environmental Protection, Security And Armed Conflict: A Sustainable Development Perspective
Alexander Orakhelashvili (ed), Research Handbook On The Theory And History Of International Law

Andrew Le Sueur 11.9999
Normal 0 false false false MicrosoftInternetExplorer4 Edward Elgar Publishing has announced the following publications:
  Ejan Mackaay, Law And Economics For Civil Law Systems

This unique volume presents the core ideas of law and economics for audiences primarily familiar with civil law systems.

Ejan Mackaay offers a comprehensive look at the essential points of economic reasoning, the Coase Theorem, and legal institutions such as intellectual property, extra-contractual civil liability and contracts. The book’s structure mirrors the way law is taught in civil law countries, with structured presentations, references to civil code articles paired with non-technical explanations, and limited reliance on graphs. This English-language version builds on the success of the author’s 2008 French-language textbook on law and economics from a civil law perspective.

This pioneering volume fills a critical gap in the literature of law and economics, and will be an invaluable resource for lawyers and law students working in civil law systems.
Hyunah Yang, Law And Society In Korea    This book sets out a panoramic view of law and society studies in South Korea, considering the factors that have made this post-colonial war-torn country economically and politically successful.
The contributors examine societal and historical conditions that are reflected in – or that were shaped by – the law, through a variety of lenses; including law and development, law and politics, colonialism and gender, past wrongdoings, public interest lawyering, and judicial reform. In dismantling the historical specificity of the way in which Korea studies are universally framed, the contributions provide novel views, theories and information about South Korean law and society.

Incorporating various perspectives and methodologies, and demonstrating a finely crafted application of general theory to specific issues, this book will prove insightful to law scholars and researchers looking to widen their perspective and broaden their knowledge on law and society in Korea. Law practitioners whose practice requires knowledge of the Korean legal system will also find plenty of information in this authoritative book.

Online Registration for the 2013 UK IVR Annual Conference - Legal Theory and Legal History: A Neglected Dialogue? – has opened. 

The conference will be held from 12-13 April 2013 in the Law Building of Queen Mary, University of London. The IVR is the International Association of Legal and Social Philosophy. 

The conference description reads:
The 2013 annual conference of the UK Branch of the IVR is designed to bring together legal theorists and legal historians (including historians of legal theory and political thought) in an attempt to facilitate and encourage dialogue between the two disciplines.      Apart from some notable exceptions, much of contemporary legal theory is uninformed by history, including legal history. This is deeply regrettable, for legal theories may be vastly improved by being informed, and perhaps more importantly, challenged by historical contexts. Theories of law, one might say, are better if they are forged at the coal-face of historical research. Similarly, one could argue that legal histories are better when they draw on, and themselves contribute to, the conceptual resources of legal theory.
     Somewhat more radically, if one agrees law does not have a nature, but a culture, then one must account for how the culture of law changes, and has changed, over time. This, by necessity, demands a historically-informed methodology. Similarly, the problem of change is an unavoidable one in legal theory, whether that be change in legal regimes or changes in certain areas of the law – here, again, the resources of history, including the philosophy of history, are invaluable. Putting things a little more colourfully, one could say that legal ideas cannot but be understood historically.
     Further, legal theory has, of course, its own history: legal theories are not disconnected islands, but rather interventions in a long series of dialogues and polylogues amongst theorists. As many have observed, and described, legal theory’s history needs to be informed not only by such dialogues and polylogues amongst theorists, but also by awareness of the theorist’s immersion in political, economic and other conditions of his or her time and place – there, once more, a serious engagement with history is important.
The Programme (as of 7 February 2013) includes:

Andrew Le Sueur 11.9999

Friday 12 April 2013
9.30am: Tea and Coffee, ArtsTwo (outside Lecture Theatre)
9.55am: Welcome from: ·    Professor Valsamis Mitsilegas, Head of Department, Department of Law, Queen Mary, University of London; and ·    Dr. Maks Del Mar, Department of Law, Queen Mary, University of London, and Convenor of the UK IVR
10am – 11am: Keynote, ArtsTwo Lecture Theatre  Chair: Professor Roger Cotterrell, Department of Law, Queen Mary, University of London Professor Quentin Skinner, The Concept of the State in Legal History and Theory
11am – 11.30am: Tea and Coffee, ArtsTwo (outside Lecture Theatre)
11.30am – 1.pm: Open Paper Session I, Lecture Theatre and Breakout Rooms in ArtsTwo  
Group I.1: The State: Universal and Particular

• Chair: Professor Michael Lobban, Department of Law, Queen Mary, University of London
• Speaker 1: Pierre Brunet, Eric Millard, and Jean-Louis Halpérin, Can Legal Theoreticians and Historians Agree About a Definition (or Characterisation) of the State?
• Speaker 2: Donal Coffey, Postcards from the Dominions: Legal Theory as Legal History in Australia and Ireland

• Speaker 3: Michal Galedek, Theories of Modern Administration on the Polish Territories in the First Half of the 19th Century – Polish and Foreign Traditions

Group I.2: The Methodology of Legal Theory

• Chair: Dr. Maks Del Mar, Department of Law, Queen Mary, University of London, and UK IVR Convenor
• Speaker 1: Peter Cserne, From Legal History Through Descriptive Sociology to Legal Theory: Weber, Hart and Beyond
• Speaker 2: Kevin Walton, Legal Philosophy and the Social Sciences: Nicola Lacey on the Hart-Fuller Debate
• Speaker 3: Mariano Croce, How History Shapes the Legal Field: The Autonomy of Jurisprudence as a Historical Effect

Group I.3: A Historical Turn in Jurisprudence

• Chair: Dr. Brenna Bhandar, Department of Law, Queen Mary, University of London
• Speaker 1: Christopher Tomlins, For a Materialist Jurisprudence
• Speaker 2: Eric Heinze, Ahistoricism as Strategy and Mask
• Speaker 3: Jonathan Gorman, Legal Metahistory

Group I. 4: International Law and Legal History

• Chair: Dr. Stephen Allen, Department of Law, Queen Mary, University of London
• Speaker 1: Jessie Hohmann: The Past is the Future: The Uses of History by the International Legal Left
• Speaker 2: Surabhi Ranganathan, International Law between Philosophy and Anxiety: Two (Re)Constructions of the Vienna Convention on the Law of Treaties
• Speaker 3: Richard Collins, Classical Positivism and the Problem of Legal Autonomy in Modern International Law

Group I.5: History and Theory of Crime

• Chair: Professor Wayne Morrison, Department of Law, Queen Mary, University of London
• Speaker 1: Tony Ward, Insanity and Sovereignty: The Austinian Theory of Criminal Liability
• Speaker 2: Kevin Crosby, The Legal Theory and Legal History of the Criminal Trial Juror
• Speaker 3: Arlie Loughnan, The Asymmetry of Responsibility and Non-Responsibility in Criminal Law

1pm – 2pm: Lunch, ArtsTwo (outside Lecture Theatre)
2pm – 3pm: Keynote, ArtsTwo Lecture Theatre  Chair: Professor Zenon Bańkowski, School of Law, University of Edinburgh, and Treasurer of the UK IVR Professor John Bell, Is Comparative Law Necessary for Legal Theory?
3.15pm – 4.45pm: Open Paper Session II, Lecture Theatre and Breakout Rooms in ArtsTwo  
Group II.1: The History of Concepts

• Chair: Dr. Maks Del Mar, Department of Law, Queen Mary, University of London, and UK IVR Convenor
• Speaker 1: Hubert Schnueriger, The Ambivalent Relation between Concepts and Their History: The Example of Dignity and Rights
• Speaker 2: Sean Patrick Donlan, First Things First: Of Philosophy and Folk Concepts
• Speaker 3: Mario Ricciardi, Two Concepts of Status

Group II.2: Legal Theory and the History of Ideas

• Chair: Professor Michael Lobban, Department of Law, Queen Mary, University of London
• Speaker 1: Kaius Tuori, Schmitt and the Sovereignty of Dictators
• Speaker 2: Matthew Crow, Forms of Life: The Culture of Law as a Culture of Use
• Speaker 3: Daniel Lee, Delegating Sovereignty: Jean Bodin on Imperium, Iurisdictio, and the Rights of Magistracy

Group II.3: Particular Cultural Contexts for Collaboration between Legal Theory and Legal History

• Chair: Professor Burkhard Schafer, School of Law, University of Edinburgh, and UK IVR Secretary
• Speaker 1: Ernest Caldwell, ‘New’ Perspectives on Socio-Legal Change: Contributions from Early Chinese Legal History
• Speaker 2: Rafal Manko, Legal Transfers and Legal Survivals: Theoretical Implications on the Continuity of the Socialist Legal Tradition in Poland
• Speaker 3: Tatiana Borisova, Jane Henderson and Boris Mamlyuk, What was ‘Soviet’ in Soviet Legal Theory?

Group II.4: Law, Pathology and Politics

• Chair: Professor Wayne Morrison, Department of Law, Queen Mary, University of London
• Speaker 1: Herlinde Pauer-Studer, The Role of Morality in Nazi Conceptions of Law
• Speaker 2: Nicholas Gervassis, History of a Patient: Drafting and the Subconscious of Law in Action
• Speaker 3: Arudra Burra, Political Neutrality and the Continuity of Law

Group II.5: The Relevance of History for Legal Theory

• Chair: Catharine MacMillan, Department of Law, Queen Mary, University of London
• Speaker 1: Adolfo Giuliani, Legal History, Legal Theory and the Historical Problem of the Ius Commune
• Speaker 2: Joseph David, Risks and Odds in Integrating Legal Theory and Legal History
• Speaker 3: TT Arvind and Lindsay Stirton, Strategy, Doctrine and the Emergence of Legal Theories

4.45pm – 5.15pm: Afternoon Tea and Coffee, ArtsTwo (outside Lecture Theatre)
5.15pm – 6.15pm: Keynote, ArtsTwo Lecture Theatre  Chair: Catharine MacMillan, Department of Law, Queen Mary, University of London Professor Joshua Getzler, Law and Self-Interest
6.15pm - 6.45pm, UK IVR Annual General Meeting, ArtsTwo Lecture Theatre
7pm: Drinks Reception and Conference Dinner, Tayyabs Restaurant (http://www.tayyabs.co.uk/)
Saturday 13 April 2013
9.30am: Tea and Coffee, ArtsTwo (outside Lecture Theatre)
10am – 11.30am: Plenary Session, ArtsTwo Lecture Theatre Chair: Professor Richard Nobles, Department of Law, Queen Mary, University of London

• Dr Eric Descheemaeker, Legal Rationality as Legal History, with commentary by Professor William Lucy
• Dr Ian Williams, The Role of Rules: Legal Maxims in Early-Modern Common Law Principle and Practice, with commentary by Dr Thomas Poole

11.30am – 12pm: Tea and Coffee, ArtsTwo (outside Lecture Theatre)
12pm – 1.30pm: PhD Paper Session (III), Lecture Theatre and Breakout Rooms in ArtsTwo  
Group III.1: History of Legal Ideas

• Chair: Professor Zenon Bańkowski, School of Law, University of Edinburgh, and Treasurer of the UK IVR
• Speaker 1: C.J. (Niels) de Bruijn, The Argument from Authority in Late Medieval and 16th Century Legal Thought
• Speaker 2: N.W. Sage, Hegel on Legal Philosophy Versus Legal History
• Speaker 3: Tobias Schaffner, Hugo Grotius’ Use of History in his De Jure Belli ac Pacis (1625)

Group III.2: Crime and Slavery

• Chair: Professor Wayne Morrison, Department of Law, Queen Mary, University of London
• Speaker 1: Tom Goldup, The Treason Trials Act 1696: The Origins of Defence Counsel as a Technique of Control
• Speaker 2: Pedro Jimenez Cantisano, In-between Slavery and Freedom: Legal Fictions with Real Consequences in 19th Century Brazil
• Speaker 3: Rafael Van Damme, At the Crossroads of History of Criminal Law and Philosophy of Religion: the Disruption of Scapegoat Mechanisms

Group III.3: Particular Theories, Particular Histories

• Chair: Professor Burkhard Schafer, School of Law, University of Edinburgh, and UK IVR Secretary
• Speaker 1: Zhu Mingzhe, The Laicisation of Natural Law Theory in Belle Époque: How the Political Matters in Legal Scholarship
• Speaker 2: Younsik Kim, Understanding Global Investment Law as a Legal ‘System’ in its Theoretical and Historical Perspectives
• Speaker 3: Toon Moonen, Institutional History and Constitutional Theory: A Story of Obsession, Rejection…and Perfection?

Group III.4: Legal Theory and Legal History: Imagining Possibilities

• Chair: Dr. Maks Del Mar, Department of Law, Queen Mary, University of London, and UK IVR Convenor
• Speaker 1: Panagia Voyatzis, The Unbearable Forgetfulness of Law
• Speaker 2: Paul Tiensuu, On the Concept of Fundamental Contradiction: A Co-Operation Between Legal Theory and Legal History I
• Speaker 3: Juhana Salojärvi, On the Concept of Fundamental Contradiction: A Co-Operation Between Legal Theory and Legal History I

Group III.5: Foucauldian Legal History

• Chair: Dr. Brenna Bhandar, Department of Law, Queen Mary, University of London
• Speaker 1: Henrique Carvalho, Liberty and Insecurity in the Criminal Law: A Genealogy of Responsibility
• Speaker 2: Michael Kelly, Visigothic Law in Seventh Century ‘Spain’: the Legal World as Episteme
• Speaker 3: Erika Fontanez-Torres, A Genealogy of Law and ‘the Political’ in a Post-Democratic Era

1.30pm – 2.30pm: Lunch, ArtsTwo (outside Lecture Theatre)
2.30pm – 4pm: Open Paper Session IV, Lecture Theatre and Breakout Rooms in ArtsTwo  
Group IV.1: The Importance of History for Legal Scholarship

• Chair: Catharine MacMillan, Department of Law, Queen Mary, University of London
• Speaker 1: Stephen Waddams, Legal History, Legal Theory and Practical Considerations in Legal Reasoning
• Speaker 2: Steve Hedley, Is an Ahistorical Corrective Justice Theory Useful in Explaining Modern Private Law?
• Speaker 3: Scott Styles, The Triumph of the Will

Group IV.2: Legal Theory, Legal History and the Common Law

• Chair: Professor Michael Lobban, Department of Law, Queen Mary, University of London
• Speaker 1: Anna Taitslin, The Legal History Debate on ‘Absolute Ownership’ at Common Law and the Changed Notion of Ownership in Legal Theory: Form Bartolus’ Ownership as Right to Hohfeld’s Legal Relations
• Speaker 2: Joshua Tate, Competing Jurisdictions and Dispute Settlement in Medieval England

Group IV. 3: Comparing Disciplines: Legal Reasoning, Legal Theory, and Legal History

• Chair: Dr. Maks Del Mar, Department of Law, Queen Mary, University of London, and UK IVR Convenor
• Speaker 1: James Hackney, Legal Intellectuals in Conversation: Reflections on the Construction of Contemporary American Legal Theory
• Speaker 2: Jonathan Rose, The Nature and Development of Legal History as an Academic Discipline
• Speaker 3: Larry DiMatteo, Unframing Legal Reasoning

Group IV.4: Historicising Philosophical Problems

• Chair: Professor Richard Nobles, Department of Law, Queen Mary, University of London
• Speaker 1: Roger Cotterrell, The Politics of Jurisprudence Revisited: Swedish Realism in Historical Context
• Speaker 2: Andre Santos Campos, Between Theory and History: Is There Room for a Philosophy of Law?
• Speaker 3: Corrado Roversi, Mimetic Law (vs. Natural Law): A Philosophical Problem Turned into a Historical One

Group IV.5: History and Theory of Sources

• Chair: Professor Burkhard Schafer, School of Law, University of Edinburgh, and UK IVR Secretary
• Speaker 1: Karlijn van Blom, The Use of Foreign Sources of Law: A Historical Approach
• Speaker 2: Pierre-Olivier de Broux, Sources of Law, Sources of Power
• Speaker 3: Tom Cornford, Cultural Consensus and the Rule of Recognition in English Law

4pm – 4.30pm: Afternoon Tea and Coffee, ArtsTwo (outside Lecture Theatre)
4.30pm – 5.30pm: Closing Panel Chair: Professor Michael Lobban, Department of Law, Queen Mary, University of London Professor David Ibbetson and Professor Philip Schofield

Commerce, Corporations and the Law

The History Project, in cooperation with the History Department at Princeton University and the Joint Center for History and Economics, will hold its second conference on 27-28 September 2013 at Dickinson Hall, Princeton University. The conference will be concerned with cross-cultural trade, firms, and legal systems around the world. The History Project is supported by the Institute for New Economic Thinking, with the object of encouraging a new generation of historians of the economy and economic life. The Organizing Committee welcomes proposals for papers from advanced undergraduates, graduate students and recent PhD recipients. The deadline for submissions of proposals is March 1, 2013.

The conference will be able to contribute to travel and accommodation costs, and a small number of research grants will be available through the History Project; see http://www.histproj.org/grants.html

Jeremy Adelman, Nikolas Bowie, Hendrik Hartog, Harold James, Melissa Lane, Jonathan Levy, Bhavani Raman, Emma Rothschild, Melissa Texeira

Proposals should be uploaded to the conference website using the following online form:

http://www.histproj.org/meeting_2013-proposal.html

For more information, please email histproj@fas.harvard.edu

The Tulane Paris Institute for European Legal Studies 
takes great pleasure in welcoming Supreme Court  Justice Ruth Bader Ginsburg onto its Summer Faculty in 2013
In Session: June 24-July 13, 2013
“GOOD AMERICANS, WHEN THEY DIE, GO TO PARIS.” - Oscar Wilde
Oscar Wilde may be right, but the time to experience Paris is sooner rather than later. Come join us next summer for classes taught by Justice Ruth Bader Ginsburg of the United States Supreme Court and a faculty of internationally renowned experts on French and European law.
You will be joining the prestigious Tulane Institute in Paris and its host, Paris-Dauphine University which is located in one of the most beautiful parts of Paris. Our Institute is the oldest, continuously running American program in France. Cultivated people the world over have long regarded Paris as not only the world’s most beautiful city, but also the cultural and intellectual heart of Europe.  Paris is also the spiritual home of the civil law. All students in the program who successfully complete a three-credit curriculum will receive the Institute's Diploma.

We anticipate a high number of students will wish to study with Justice Ginsburg, so we encourage you to reserve a seat as soon as possible.
Tulane University Law School, with its roots deep in the Napoleonic law, is particularly at home in the capital of France. In the United States, Tulane has been precursor and pioneer in the field of comparative law: it teaches a complete civil law curriculum, conducts regular faculty exchanges with great law faculties of Europe, and brings European students each year to its graduate program in New Orleans. Our program in Paris not only follows that tradition, but has found a new vocation: to train U.S. students and lawyers to understand the new European Union. Our Paris Institute’s courses in international and comparative studies are designed to ready students for transnational practice in the United States, Europe or other parts of the world. The Institute is hosted by Paris-Dauphine University, one of the great universities of Europe. In addition to the large contingent of U.S. law students from around the States, students from other European universities are also admitted. Our program takes advantage of the educational and cultural riches of Paris by including visits to the French Supreme Court, the National Assembly and world-famous museums. For U.S. students who can speak functional or fluent French, we offer a  number of internship opportunities with Paris law firms.
ACADEMIC OFFERINGS in 2013
Three Enrichment Lectures by Justice Ruth Bader Ginsburg American and European Constitutionalism (1 credit) Professor Joerg Fedtke Competition Law in the European Union (1 credit), Professor Joel Monéger Introduction to French Law and French Legal Culture (1 credit), Professor Vernon Valentine Palmer Introduction to the European Union (1 credit), Professor Bernhard Schloh
PARIS CALENDAR:
Orientation Dinner  will be held at 6PM on Sunday June 23, 2013. Location and details to be announced.
Classes run from June 24-July 12, 2013
Exams on July 13th..
PROGRAM DIRECTOR:    Professor Vernon Valentine Palmer
Thomas Pickles Professor of Law and Co-Director of the Eason Weinmann Center for Comparative Law,  Tulane University  
FOR MORE INFORMATION, please contact Chana Lewis at 504-865-5990 or email: chana.lewis@tulane.edu

Helge Dedek's "A Particle of Freedom: Natural Law Thought and the Kantian Theory of Transfer by Contract" is on SSRN:
Modern contract law theorists frequently invoke Kantian ideas to conceptualize contract as a form of immediate transfer. The Kantian theory of contract itself is eclectic: Kant makes use of the main conceptual building blocks of Natural Law (in particular Grotian) contract doctrine – promise and transfer. Yet Kant re-arranges and adapts them to his own epistemology and conceptual system. I submit that because of this connection, additional light can be shed on Kant’s theory of contract by placing it in the context of contemporary Natural Law discourse. One of the most outspoken critics of contract theory in the Grotian tradition was then famous (and now apocryphal) legal philosopher Theodor Schmalz. Schmalz faulted Natural Law thought for conceptualizing contract as transfer by fallaciously – “subreptively” – explaining the normative event of creating an obligation through the model of the empirical transfer of physical objects. Kant’s theory reads like a response to this critique: Kant avoids modelling contract on the transfer of property. Rather, he explains any transfer as contractual, brought about by a unified will.

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University of Liverpool International Postgraduate Legal Conference “FutureLawyers Tackling Tomorrow’s Legal Challenges”
FAQs
When does the conference take place?
The conference will take place at the University of Liverpool on Thursday 4th July 2013. More information, including directions, will be provided closer to the time.

Who may speak at the conference?
Postgraduate students of the law, or a course in which law is a substantial component, are eligible to submit an abstract for consideration by the committee.
What format should abstracts take and how should they be submitted?
Persons interested in speaking at the conference should submit an abstract for consideration. The abstract must be no greater than 300 words in length. Abstracts should be submitted using the submission of abstract form attached to the call and available at www.liv.ac.uk/events/  
The deadline for submission is Friday 22nd March.
Do speakers need to submit their entire paper ahead of the conference?
No. However, evidence of readiness to present – in the form of a working paper or PowerPoint slides - will need to be provided two weeks ahead of the conference. Slides for use during presentations will need to be provided at least a week in advance.
Can I use PowerPoint in giving my paper?
Yes, there will be facilities in place for speakers to use PowerPoint. Slides should be sent to convenors at least a week in advance of the conference.
Can speakers circulate material at the conference?
Speakers are free to distribute any materials they wish before their presentation however the organisers cannot assist with printing of documents on the day. If you wish for documents to be made available for audience members, please send materials alongside the final draft of your paper


What is the participation fee for the conference?
A participation fee of £30 will be charged for all participants.
Will speakers have to pay the participation fee?
All participants, including speakers, will need to pay the participation fee. This is an opportunity for postgraduate students to gain valuable experience in delivering a paper. All income from the participation fee will be used in the delivery of the conference.
How do I register for the conference?

You must register online through the website booking service. Information is available at www.liv.ac.uk/law/events/
Is there a conference dress code?
There is no conference dress code.
Are there options for my dietary requirements?

The conference will include a buffet style lunch, with a variety of foods. Please contact convenors in advance if you would like food which matches your requirements put to one side.
Do I have to make my own hotel reservation?
Yes, you must make all of your own accommodation arrangements. However, information on local hotels will be provided to participants closer to the time.
Do I have to organise my own travel?
Yes, participants are required to arrange their own travel. 
Do speakers receive any assistance with expenses? Unfortunately, the convenors are not in a position to reimburse any costs of the conference at this time. If this changes, participants will be contacted as soon as possible.
How do I get in touch with convenors if my question does not feature in the FAQs?
Convenors welcome questions and can be contacted at law.postgrad-conference@liv.ac.uk  

The excellent 'Nouvelles du monde’ and 'Au fil des revue'--both Anglophone and Francophone--of the European Network on Law and Society (Réseau Européen Droit and Société) are now available.    Have a look.

In order to further expand the types and amount of information we provide, Juris Diversitas seeks volunteers for its Blog and Facebook pages:
A Web Editor would have primary responsibility for the development of the Blog and related pages. The Editor would work closely with our Executive and additional bloggers. At most, only a few hours a week would be required and individuals needn’t have previous blogging experience.

Guest Bloggers would be permitted to create discursive, opinion-oriented posts, within the bounds of our aims, for an agreed period of time. The time commitment is likely to be minimal and individuals needn’t have previous blogging experience.

Numerous individual Bloggers would commit to making the occasional informative or discursive posts, largely by collating existing information on events, publications, etc. The time commitment for this will be minimal and individuals needn’t have previous blogging experience.

Note, too, that individuals can always submit information directly to us for posting, though we ask that you prepare a draft post in advance.

This is easier than you think--hell, I've been doing it--but essential to our future. Interested individuals should contact me at Seán Patrick Donlan.

Mikhail Antonov's Global Legal Pluralism: A New Way of Legal Thinking is now on SSRN:

The subject matter of this article is the terminology which is used in contemporary law and sociological jurisprudence to denote changes in legal regulation. Among the most fashionable terms are those of globalization and pluralism. In the author’s opinion, these two terms indicate diverse phenomena and have different tasks. Pluralism is a concept allowing the description and explication of various legal facts, institutions, relations which are not generally recognized in state-centered theory of law. Globalization is a common name for the distinctive characteristics which distinguish the present-day Western civilization from other civilizations. The amalgamation of these two different aspects into one set of methods and ideas inspired by the need to explain modernity does not lead to the formation of a new methodology or of a scientific conception. Rather globalization talks about plurality in contemporary law having another function – to describe the changing mentality, new ways of legal thinking which are growing in the Western world. These changes have repercussions in many fields of science, i.e. in a new understanding of such traditional concepts as sovereignty.

Free Access to Law in a Changing World
It is 11 years since the Declaration on Free Access to Law was signed at Montreal and the Free Access to Law Movement (FALM) was founded. Since then the movement has grown to include organisations from more than 50 countries and recent Law Via the Internet conferences have been held in Africa, Asia and North America. Now, for the first time, LVI comes to the British Isles in the beautiful island of Jersey.
The Jersey Legal Information Board has been a member of FALM since 2008 and is proud to host LVI2013 where the over-arching theme will be ‘Free Access to Law in a Changing World’. The Conference will take place on 26-27th September, 2013 at the Radisson Blu Hotel on Jersey’s waterfront and we look forward to welcoming you to the Island.
Call for Papers
We are delighted to announce that the call for papers for Law Via the Internet 2013 is open and we will be accepting submissions from 19th February.  We are looking for proposals for papers and presentations based around this year’s theme of free access to law in a changing world.  
Take a look at the programme to find out more
Conference registration coming soon
Conference registration will open in February and an exciting and stimulating programme is being planned.   Most of the conference tracks and chairs have been confirmed and more details of the programme, keynote speakers and social events will follow soon.
In the meantime, you still register your interest in attending by filling in the form on the Home Page and we will keep you up to date with news.  Or follow us  on Twitter (@jerseylvi2013)