Quick Links

Juris Diversitas

S'abonner à flux Juris Diversitas
Anglo-American Asian Bi-Jural Chthonic Civil Common Community Comparative Continental Culture Customs Development Diffusion Formants Germanic Hegemony Hindu History Humanities Hybridity Hybrids Interdisciplinary Irritant Islamic Ius Law Law-in-Action Legality Lex Living law Philosophy Plurality Micro-jurisdictions Mixed legal systems Mixity Native Nordic Norm Normativity Polyjural Praxiology Reception Roman Society State Stateless Talmudic Traditions Transplant Transsystemic
Mis à jour : il y a 42 min 52 sec

Opinio Juris in Comparatione

mar, 09/01/2015 - 17:18
Opinio Juris in Comparatione Vol. I, n.1, 2015 is online We are pleased to announce the publication of new Issue of Opinio Juris in Comparatione Vol. I, n. 1, 2015 Opinio Juris in Comparatione is an electronic full Open Access Journal devoted to “Studies in Comparative and National Law”. It aims at enhancing the dialogue among all legal traditions in a broad sense. The intent of diffusing contributions on national law, as well and not only to focus on comparative issues, is to expand access to foreign legal materials and ideas to those who do not already have access to the traditional avenues (such as journals in the language of the explored legal system).For more information, please visit our website www.opiniojurisincomparatione.org.
Table of ContentsArticlesRight for Conciliation and Family WelfareAlessandra Pera, Marina Nicolosi
European Citizenship, Fundamental Rights and Private Law: Towards a New Model of Social InclusionFederico Della Negra

Lezioni Pisane di Diritto CivileMeeting the Challenge: Codifying Civil Liability Law. The Examples of China, Brazil and RussiaGert Brüggemeier

Selected Conference ProceedingsCrowding It the Cloud, Data Protection and Permissible Business Models - Conference "Getting around the cloud(s) - Technical and legal issues on Cloud services”Célia Zolynski, Romain Perray

I Soggetti Coinvolti nel Trattamento dei Dati Personali nel Cloud Computing: la Rottura del Dualismo Controller-Processor- Conference "Getting around the cloud(s) - Technical and legal issues on Cloud services”Gianclaudio Malgieri

The EU’s Right to be Forgotten as Applied to Cloud Computing in the Context of Online Privacy Issues- Conference "Getting around the cloud(s) - Technical and legal issues on Cloud services”Francesco Lazzeri

News and book reviewsMaster of Arts in International Relations- Curriculum International Trade - Università degli Studi di PalermoEditorial Team Opinio Juris in Comparatione
Catégories: Comparative Law News

The Impact of Corruption on International Commercial Contracts

mar, 09/01/2015 - 17:08
The Impact of Corruption on International Commercial ContractsEditors: Bonell, Michael Joachim, Meyer, Olaf (Eds.)
Book Series: Ius Comparatum - Global Studies in Comparative Law, Vol. 11


This volume presents national reports describing the legal instruments that are available to prevent the payment of bribes for acquiring contracts. Anti-corruption is one of the preeminent issues in the modern global commercial order and is tackled with the help of criminal law and contract law in different ways in different countries. The reports included in this volume, from very diverse parts of the world, represent a unique and rich compilation of court decisions, doctrinal discussions and a pool of suggested solutions. The central theme is the enforceability of three problematic types of contracts: the bribe agreement, whereby a bribe payer promises the agent of his business partner a personal benefit in exchange for favourable contract terms; the agreement between a bribe payer and an intermediary (a “bribe merchant”), where the latter offers his expertise to help funnel bribes to agents of the business partner; and finally, the contract between the bribe payer and his business partner which was obtained by means of bribery. The analysis is tailored toward commercial contracts, which can also include contracts with state-owned enterprises. The examination and comparison of international and national initiatives included in this volume advance the discussion on the most appropriate remedies in corruption cases, and show how to get past the boundaries of criminal, private and contract law.
Catégories: Comparative Law News

Disgorgement of Profits

mar, 09/01/2015 - 17:01
Disgorgement of ProfitsGain-Based Remedies throughout the WorldEditors: Hondius, Ewoud, Janssen, Andre (Eds.)
Book Series: Ius Comparatum - Global Studies in Comparative Law, Vol. 8

Disgorgement of profits is not exactly a household word in private law. Particularly in civil law jurisdictions – as opposed to those of the common law – the notion is not well known. What does it stand for? It is best illustrated by examples. One of the best known being the British case of Blake v Attorney General, [2001] 1 AC 268. In which a double spy had been imprisoned by the UK government before escaping and settling in the former Soviet Union. While there wrote a book on his experiences, upon which the UK government claimed the proceeds of the book. The House of Lords, as it then was, allowed the claim on the basis of Blake’s breach of his employment contract. Other examples are the infringement of intellectual property rights, where the damages of the owner are limited, but the profits of the wrongdoer immense. In such cases, the question arises whether the infringing party should be disgorged of his profits.This volume aims at establishing the notion of disgorgement of profits as a keyword in the discourse of private law. It does not purport to answer the question whether or not such damages should or should not be awarded. It does however aim to contribute to the discussion, the arguments in favour and against, and the organisation of the various actions.
Catégories: Comparative Law News

Affirmative Action Policies and Judicial Review Worldwide

mar, 09/01/2015 - 16:57
Gerapetritis, George
Affirmative Action Policies and Judicial Review WorldwideBook Series: Ius Gentium: Comparative Perspectives on Law and Justice, Vol. 47


This book discusses affirmative action or positive discrimination, defined as measures awarding privileges to certain groups that have historically suffered discrimination or have been underrepresented in specific social sectors. The book’s underlying rationale is that one cannot place at the same starting point people who have been treated differently in the past because in this way one merely perpetuates a state of difference and, in turn, social gaps are exaggerated and social cohesion is endangered. Starting out with an introduction on the meaning and typology of affirmative action policies, the book goes on to emphasise the interaction of affirmative action with traditional values of liberal state, such as equality, meritocracy, democracy, justice, liberalism and socialism. It reveals the affirmative action goals from a legal and sociological point of view, examining the remedial, cultural, societal, pedagogical and economy purposes of such action. After applying an institutional narrative of the implementation of affirmative action worldwide, the book explains the jurisprudence on the issue through syntheses and antitheses of structural and material variables, such as the institutional recognition of the policies, the domains of their implementation and their beneficiaries. The book eventually makes an analytical impact assessment following the implementation of affirmative action plans and the judicial response, especially in relation to the conventional human rights doctrine, by establishing a liaison between affirmative action and social and group rights.. The book applies a multi-disciplinary and comparative methodology in order to assess the ethical standing of affirmative action policies, the public interests involved and their effectiveness towards actual equality. In the light of the above analysis, the monograph explains the arguments considering affirmative action as a theology for substantive equality and the arguments treating this policy as anathema for liberalism. A universal discussion currently at its peak.
Catégories: Comparative Law News

CONFRONTING TERRORISM: QUO VADIS AFRICAN UNION?

mar, 09/01/2015 - 16:52
Combating terrorism in Africa seems to be a mission impossible despite numerous anti-terrorism laws in existence. Africa has a union, known as African Union (AU), comprised of independent States in Africa, except Morocco. It has a notable anti-terrorism law, known as the OAU Convention on Prevention and Combating of Terrorism and other national anti-terrorism laws in existence in its Member States nations.Despite all these anti-terrorism laws, including the Plan of Action for the Prevention and Combating of Terrorism and the Protocol to the OAU Convention on the Prevention and Combating of Terrorism in existence, terrorist acts are on the increase daily on the continent.This book reviews the afore-mentioned OAU (AU) Conventions on Prevention and Combating Terrorism and also identifies its deficiencies and analyzes its inefficacies in preventing and combating terrorism in Africa. It also reviews Member States’ compliance with International Law and UN requirements for combating terrorism and their response to the Convention. It, therefore, argues that terrorism will be better combated on a regional level rather than leaving it to the individual Member States; thus recommending, for effective means of combating terrorism, AU should establish a regional court vest with the jurisdiction of terrorism on the Continent of Africa.Dr. (Mrs) Chinyere Christiana Okpala Chukwuka was born in Nigeria. She obtained an LL.B. (Hons) from Nnamdi Azikiwe University, Awka, Anambra State of Nigeria and B.L from Nigeria Law School, Abuja, Nigeria. She was admitted to the Nigerian Bar in 2003. She practiced law in Nigeria for a few years before proceeding to Whittier Law School, where she obtained an LL.M in American Legal Jurisprudence with Certification in International Law. Afterwards, she obtained an SJD in International Legal Studies from Golden Gate University School of Law.Ebook available (ISBN: 9781600422737 | $ 29.95)  Purchase ebook
Catégories: Comparative Law News

Conference in Regensburg March 2016

jeu, 08/27/2015 - 12:43
The General German Commercial Code (ADHGB) of 1861 as a common law of obligations in Central Europe 
Contact:
Prof. Dr. Martin Löhnig
Universität Regensburg
Juristische Fakultät
Lehrstuhl für Bürgerliches Recht, Deutsche
und Europäische Rechtsgeschichte sowie
Kirchenrecht
93040 Regensburg
www.martin-loehnig.de
Catégories: Comparative Law News

JOURNAL NEW ISSUE ANNOUNCEMENT: Global jurist: Special Issue Law and Boundaries 2014

jeu, 07/23/2015 - 05:49
A new special issue of Global Jurist has just been published: this special issue collects some of the most interesting papers presented during the conference: "Law and Boundaries 2014".

Click here for the table of content of this issue.
Catégories: Comparative Law News

BOOK ANNOUNCEMENT: Thomson on The Nobile Officium: The Extraordinary Equitable Jurisdiction of the Supreme Courts of Scotland

mer, 07/01/2015 - 05:28
Stephen Thomson,The Nobile Officium:  The Extraordinary Equitable Jurisdiction of the Supreme Courts of Scotland
An ambitious new text has just been published on the nobile officium – the extraordinary equitable jurisdiction of the Supreme Courts of Scotland.  The author, Stephen Thomson, spoke about this unusual jurisdiction at the conference “Filling the Gaps:  The Study of Judicial Creativity and Equity in Mixed Jurisdictions and Beyond” at the University of Catania in May 2013, co-organised by the World Society of Mixed Jurisdiction Jurists.

The nobile officium enables the Supreme Courts of Scotland to (i) supply a legal norm where an existing norm is deficient, unavailable or absent, or (ii) provide alleviation where the application of an existing norm would be unduly excessive, oppressive or burdensome.  The jurisdiction has found application across broad areas of civil and criminal jurisdiction, and continues to form an important aspect of procedural law.
Dr. Thomson has brought his research forward to the point of publication and produced the first ever text to systematically examine the nobile officium.  Of potential interest to Juris Diversitas readers, this text provides a unique national case study in equitable jurisdiction (and moreover in a mixed jurisdiction).  Dr. Thomson launched the book with a lecture to distinguished practitioners, scholars and invited guests at the Faculty of Advocates and Supreme Courts of Scotland, Parliament House, Edinburgh.  The text has been well received, carrying a foreword by Lord Hope of Craighead KT, former Deputy President of the UK Supreme Court.
COVER TEXT
The nobile officium of the Court of Session and the High Court of Justiciary is a long-established but elusive power. The extraordinary equitable jurisdiction of the Supreme Courts of Scotland continues to be relevant and useful today but its scope and limitations are poorly understood. This is the first book to systematically examine the nobile officium. Placing it in its historical and conceptual context, the book explores the development and application of the nobile officium in such diverse areas as:ñ  Trustsñ  Judicial factors, curators, tutors and guardiansñ  Bankruptcy, insolvency and sequestrationñ  Custody of childrenñ  Public officersñ  Statutory omissionsñ  Civil procedureñ  Criminal law and procedureThis ambitious text provides original and informative commentary and analysis for practitioners, teachers and students of Scots law.“A work of real scholarship which makes a significant contribution to the literature on Scots law.” Lord Hope of Craighead
THE AUTHOR
Stephen Thomson is an Assistant Professor at the Faculty of Law, The Chinese University of Hong Kong.  He holds a Ph.D. in constitutional and administrative law from the University of Edinburgh.
BOOK DETAILS
Avizandum PublishingMay 2015300 pagesISBN 9781904968337£48.00

The book is available for purchase here and at a number of other outlets.
Catégories: Comparative Law News

CALL FOR APPLICATIONs: Editorship of Legal Studies

mar, 06/30/2015 - 05:37
The Society of Legal Scholars invites applications from members for the editorship of its prestigious journal Legal Studies.
The Society is looking for an editorial team or individual editor who can build on the success
of both the present and past editors. The editors are ex officio members of the Society’s Council and Executive Committee and are appointed for five years.
The current editors, Professors Imelda Maher, Blanaid Clarke, Fiona de Londras and Colin Scott have indicated their wish to stand down by September 2016, allowing a handover period to ensure a smooth transition so the new editor or editorial team can take responsibility for the first issue of 2017.
The journal is in a healthy position: competition for space in the journal is intense, with a large number of high quality submissions, and it has one of the biggest print-runs of UK academic law journals.  The Society is also well served by its current publishers, Wiley-Blackwell. It now has an International Advisory Board and submissions and reviews are managed via ‘ScholarOne’.
Individuals, pairs or teams of individuals who wish to be considered for the editorship of Legal Studies should submit applications which include the following:
(1) A “mission statement” setting out the following:
(a) the proposed editorial policy for the journal;
(b) any proposed changes to the journal’s format;
(c) a brief description of how the administration of the journal would be dealt with and, where there would be a team editorial board, how the responsibilities would be divided.
Statements should be limited to 2,000 words.
(2) A summary CV (max 2 sides of A4) for each individual who is proposed to have an editorial role, which should provide details of previous editorial experience.
(3) The name, address and full contact details of either the individual applicant or a nominated individual contact where two or more individuals are applying together.
Applications should be sent by email to the Honorary Secretary, Professor Richard Taylor (RDTaylor@uclan.ac.uk) to arrive by 31 December 2015. The Society's Executive Committee is expected to appoint a sub-committee to consider applications. That sub-committee may decide to invite shortlisted applicants for interview in February or March 2016.
Professor Imelda Maher would be happy to respond to enquiries to the current Editors.  She can be contacted at imelda.maher@ucd.ie
Catégories: Comparative Law News

Call for Papers: 'Urban Africa' - Turin, October 2015

lun, 06/22/2015 - 10:53
Turin, 16-17 October 2015
Urban Africa Economy,populations, cultures 
Call for papers 
The Centre for African Studies (CSA) and the Association for African Studies in Italy (ASAI), in collaboration with the Department of Cultures, Politics and Society of the University of Turin and the Department of Architecture and Design of the Polytechnic University of Turin, organize an interdisciplinary conference on “Urban Africa”

See the call for papers at http://urbanafrica.it and download in English from this link
Catégories: Comparative Law News

BOOK: Cairns on Codification, Transplants and History

lun, 06/22/2015 - 04:12

John Cairns (Edinburgh)'s Codification, Transplants and History: Law Reform in Louisiana (1808) and Quebec (1866) (The Lawbook Exchange, 2015) is now available:
When Louisiana enacted its Digest of the Civil Laws in 1808 and Quebec its Civil Code of Lower Canada in 1866, both jurisdictions were in a period of transition economic, social and political. In both, the laws had originally been transplanted from European nations whose societies were in many ways different from theirs.


This book offers the first systematic and detailed exploration of the two new codes in light of social and legal change. Cairns examines the rich, complex, and varying legal cultures French, Spanish, Civilian and Anglo-American on which the two sets of redactors drew in drafting their codes. He places this examination in the context surrounding each codification, and the legal history of both societies.

Cairns offers a detailed analysis of family law and employment in the two codes, showing how their respective redactors selected from a defined range of sources and materials to construct their codes. He shows that they acted relatively freely, attempting to inscribe into law rules reflecting what they understood to be the needs of their society from an essentially intuitive and elite perspective. While not propounding a universal theory of legal development, Cairns nonetheless shows the types of factors likely to influence legal change more generally. xlv, 559 pp.

Catégories: Comparative Law News

CONFERENCE ANNOUNCEMENT: Annual International Conference on Comparative Law 2015 - Law of Obligations Surrounded by Other Normative Systems

mar, 06/16/2015 - 09:23
Subject areas:
  1. Morality, customs, praxeology and the content of an obligation.
  2. Agreements which are not contracts, relevant to the law of obligations. 
  3. Obligations of the creditor: are they just correlates of the obligations of the debtor, or do they constitute a functionally separate category?
  4. The history of the relationship of contract law and other normative systems. Interpretation, law-making and science of law.
  5. "Socialist law" in the capitalist reality (and vice versa). Interaction of the legal system with the extra-legal environment. The impact of socio-political formations on the shape of state, the content and the evolution of the law.
  6. The future of the state law in terms of economic globalization.
  7. The nature of the obligations in terms of the various normative systems.
  8. Facts as obligations vs legal systems.
  9. Cultural diversity - a challenge to the law of obligations?
Registration is open until June 30, 2015.
Draft programme will be available on July 31, 2015.

Click here for further information.
Catégories: Comparative Law News

ANNUAL CONFERENCE LIMERICK 2015: ALBUM 2

mer, 06/10/2015 - 11:56

















Credit photos: Prof. Olivier Moréteau
Catégories: Comparative Law News

ANNUAL CONFERENCE LIMERICK 2015: ALBUM 1

mer, 06/10/2015 - 11:50
















Credit photos: Prof. Elina Moustaira
Catégories: Comparative Law News

Il Codice Civile, The First Translation of Napoleon's Code Civil

lun, 06/08/2015 - 16:10
Sara V. Pic, Reference Librarian at the Law Library of Louisiana (400 Royal Street, New Orleans), assembled a unique exhibition on the Italian translation of the Napoleonic Code. TheIl Codice Civile exhibition can also be visited online.


Catégories: Comparative Law News

CALL FOR PAPERS/CONFERENCE NOTICE: Small States in a Legal World

lun, 06/08/2015 - 08:33
Small States in a Legal WorldThe inaugural conference of the Centre for Small StatesQueen Mary University of London
The aim of the conference is to launch the Centre for Small States as the home for research and learning into the legal issues facing small states (defined as those states with a population of 1.5m or less).  The Centre for Small States also includes within its remit some territories that are not classified as states as a matter of international law, yet are sufficiently geographically and culturally distinct entities to be worthy of study in their own right such as the British Crown Dependencies and British Overseas Territories).
For further information on the Centre for Small States, see http://www.law.qmul.ac.uk/research/centres/small-states/index.html 
Date: 7 September 2015 Venue: Lincoln’s Inn Fields, Queen Mary University of London, WC2A 3JBRegistration fee: £50(reduced rate for students and half-day registrations)
Keynote PanelProfessor Lino Briguglio, Islands and Small States Institute, University of MaltaProfessor Baldur Thorhallsson, Centre for Small State Studies, University of IcelandHer Honour Justice Mathilda Twomey, Court of Appeal, Seychelles
Confirmed SpeakersProfessor Susy Frankel, Victoria University of WellingtonDr Ann Mumford, King’s College LondonProfessor Catherine Rogers, Penn State University
Topics for discussion include ethics in small jurisdictions, the challenges of mixed legal systems in small states, small states as tax havens, and intellectual property issues.
We have a small number of spaces for additional speakers.  We welcome contributions on any aspect of the legal situation of small states, be it public or private law.  Please send your abstract of 300-400 words to Dr Caroline Morris (c.morris@qmul.ac.uk) and Dr Petra Butler (petra.butler@qmul.ac.uk)by 15 June 2015.  Decisions regarding inclusion in the conference programme will be sent by 30 June 2015.
Catégories: Comparative Law News

WORKSHOP: Researching Chinese Legal History in Europe

ven, 05/22/2015 - 05:14
Researching Chinese Legal History in Europe: The State of the Field
SOAS, University of London
Various SpeakersDate: 4 June 2015Time: 10:00 AMFinishes: 5 June 2015Time: 1:00 PMVenue: Russell Square: College BuildingsRoom: G3Type of Event: WorkshopSeries: Law and Justice in China Workshop SeriesFor centuries, scholars based in Europe have examined China’s past in an attempt to understand the various processes influencing the development and evolution of Chinese legal tradition(s). This line of research continues in Europe today, yet given the diversity of institutions and disciplines in which researchers work, as well as the field-specific publications in which they publish, the current state of the field of Chinese legal studies in Europe remains under specified.  What questions are scholars seeking to answer?  Which methods and theories are being employed to examine historical phenomena in China’s legal past?  What source material is available for scholars and students, and at which institutions?  What is the future of Chinese legal history in Europe?  This workshop seeks to answer some of these questions by bringing together several scholars from various European institutions, who are actively engaged in the study of China’s legal past.  Through presentations of current work and roundtable discussions, we hope to establish a community of scholars actively engaging China’s legal past, and also to map out future avenues of research and multi-institutional collaboration.
ProgrammePresenters
  • Jennifer Altehenger (Kings College London)
  • Ernest Caldwell (SOAS, University of London)
  • Frederic Constant (Paris X Nanterre University)
  • Rogier Creemers (University of Oxford)
  • Rogier Greatrex (Lund University, Sweden)
  • Fernanda Pirie (University of Oxford)
  • Cecile Wang (École des Hautes Études en Sciences Sociales) 
PROGRAMMEABSTRACTS RegistrationThe event is free and open to the public.  Registration is required.
Online RegistrationOrganiser: Co-organised by the SOAS China Institute and SOAS School of LawContact email: sci@soas.ac.ukContact Tel: +44 (0)20 7898 4823
Catégories: Comparative Law News

CALL FOR PAPERS: Tel Aviv University - Faculty of Law: 3rd Annual TAU Workshop for Junior Scholars in Law: "Theory coming to life"

mar, 05/19/2015 - 03:43

The Tel Aviv University Buchmann Faculty of Law is pleased to invite submissions to its third annual workshop for junior scholars in law. The workshop provides junior scholars with the opportunity to present and discuss their work and receive meaningful feedback from faculty members and peers, and aims to invigorate the scholars’ active participation in the community of international junior scholars in law.
Through law, theory comes into our daily lives in many ways. The workshop will explore the connection between theory and life:
different fields of law, such as criminal law, public law, corporate law, civil law, international law, cyber law, environmental law and others? What is the connection between human rights theories and their acceptance or rejection by different actors? How does legal theory deal with rapid changes in science and technology? What are the potential theoretical justifications to recognize obligations of states towards foreign individuals or communities? How can different actors, such as governments, philanthropists, public litigators and human rights organizations use theory to further their cause? How do lessons learned from historical events affect the formation of theory and practice?
We welcome junior scholars (doctoral candidates, VAPs, writing fellows and recent graduates of doctoral programs) from universities and research institutions throughout the world to submit abstracts engaging with the leading theme of the workshop.
Limited travel grants and accommodation will be available for participants with no institutional funding.
Submissions: Abstracts of up to 500 words of the proposed presentation (with a short bio and your current institutional affiliation(s)) should be submitted by email to TAU.junior.scholars@gmail.com by June 15, 2015
Applicants requesting travel grants and/or accommodation should indicate so in their submission, along with the city they expect to depart from and an estimate of the funds requested.
Applicants will be informed of acceptance or rejection by July 15, 2015. Selected presenters must submit their papers up to 10,000 words in length by September 30, 2015.
For further inquiries contact us at TAU.junior.scholars@gmail.com. 
Catégories: Comparative Law News

LECTURE: Brian Tamanaha - Inaugural Cotterrell Lecture in Sociological Jurisprudence (Queen Mary, University of London)

ven, 05/15/2015 - 04:40

The Cotterrell Lecturein Sociological Jurisprudence:Professor Brian Tamanaha
28 May 2015Time: 6:30 - 8:30pm 
Venue: Lecture Theatre, ArtsOne Building, Queen Mary University of London, Mile End Road, London E1 4NSBOOK NOW
The Inaugural Cotterrell Lecture in Sociological Jurisprudence will be given by Professor Brian Tamanaha (Washington University Law School), Distinguished Visiting Fellow at Queen Mary University of London in May-June 2015, on 28 May 2015. This event will be chaired by Professor Richard Nobles (Queen Mary University of London).
In addition to this event, during his visit Professor Tamanaha will give a half-day workshop on Relating Analytic, Empirical, Evolutionary, Diachronic and Comparative Methods in Constructing Concepts of Law (10 June) and a Legal Theory Masterclass (11 June) for postgraduate students.About Professor Brian TamanahaProfessor Tamanaha is a renowned jurisprudence scholar and the author of eight books and numerous scholarly articles, including his groundbreaking book, Beyond the Formalist–Realist Divide: The Role of Politics in Judging. His articles have appeared in a variety of leading journals, and his publications have been translated into eight languages. Also an expert in law and society, he has delivered lectures in Brazil, Indonesia, Japan, France, the Netherlands, Colombia, Singapore, Australia, Canada and the United Kingdom. He spent a year in residence as a Member of the Institute for Advanced Study in Princeton. Professor Tamanaha is the recipient of several book prizes and awards, including Professor of the Year, and a frequent speaker and lecturer at legal conferences throughout the United States and abroad. His professional affiliations include serving as a past member of the Board of Trustees of the Law and Society Association. Before becoming a law professor, he clerked for the Hon Walter E Hoffman, US District Court for the Eastern District of Virginia. He also practiced law in Hawaii and Micronesia, where he served as legal counsel for the Micronesian Constitutional Convention, Assistant Attorney General for the Yap State and Assistant Federal Public Defender for the District of Hawaii. He then earned a doctorate of juridical science at Harvard Law School.Professor Tamanaha will be a Distinguished Visiting Fellow in the Department in May 2015.About the Lecture Series
The Cotterrell Lectures in Sociological Jurisprudence are named in honour ofProfessor Roger Cotterrell. ‘Sociological jurisprudence’ is understood broadly, as encompassing any theoretical aspect of socio-legal studies, any serious effort to relate jurisprudence and legal theory to changing social and historical conditions, or any topic linking law and social theory.
How to Book
This event is free but prior booking is required. Please register via the Queen Mary Eventbrite page.ContactFor more information, please contact lawevents@qmul.ac.uk.
Catégories: Comparative Law News

JURIS DIVERSITAS: Annual Conference 2015 Programme

jeu, 05/14/2015 - 03:52
JURIS DIVERSITAS ANNUAL CONFERENCE  2 June (afternoon) to 4 June 2015School of Law, University of Limerick, Ireland
THE STATE OF/AND COMPARATIVE LAW Co-sponsored bySchool of Law, University of Limerick & Juris Diversitas
Tuesday, June 2, 2015
14:00                     Registration 14:30                     Welcoming AddressIn memoriam Roderick A. Macdonald (1948-2014) and H. Patrick Glenn (1940-2014)]14:45                     Plenary – KeynoteChair: Seán Patrick Donlan·         A Theoretical Basis for Comparative Legal Pluralism, Brian Z. Tamanaha, Washington University School of Law (United States)16:00-16:30         Break16:30-18:00         Parallel Sessions I I.A          Legal Pluralism in Africa·         The Dominance of Legal Pluralism in a Post-Colonial South Africa: Where do We Stand almost Three and a Half Centuries after Western Legal Transplantation?, Christa Rautenbach, North-West University (South Africa)·         The Relevance of Comparative Jurisprudence in the Namibian Legal System, Samuel Amoo, University of Namibia (Namibia)·         Mapping or Codifying? The Project on the Ascertainment of Customary Law in Somaliland, Salvatore Mancuso, University of Cape Town (South Africa)I.B           Structuring Mixed Legal Systems·         The Political Purpose of a Mixed Legal System Conception: The Case of Scotland, Andreas Rahmatian, University of Glasgow (Scotland)·         Quebec’s “droit commun” as its Basic General Law, Matthieu Juneau, Université Laval, Québec (Canada)I.C           New Dimensions of Constitutionalism·         Constitutions beyond the State: a Miracle or a Mirage?, Ekaterina Yahyaoui Krivenko, National University of Ireland, Galway (Ireland)·         An Approach to Comparative Environmental Constitutionalism, Francois Venter, North-West University, Potchefstroom Campus (South Africa)·         La démocratie moderne au miroir de la pensée chinoise, Frédérique Rueda-Despouey, University of Bordeaux (France)18:00-19:00         Reception – Juris Diversitas Book SeriesLaunch
Wednesday, June 3, 2015
9:00-10:30           Parallel Sessions IIII.A         Law, Religion and Tradition·         The British Religious and Secular Courts in Historical and Comparative Perspective, Martin Sychold, Swiss Institute of Comparative Law (Switzerland)·         Interaction between Common Law and Islamic Law in Nigeria: a study of the application of the doctrine of Stare-Decisis in some Islamic Law cases in Northern Nigeria, Ahmed S. Garba, Bauchi State University, Gadau (Nigeria)·         Traditio Canonica and Legal Tradition: The Role of the Canon Law in Contemporary Legal Debate, Lorenzo Cavalaglio, University of Udine (Italy)II.B         Interaction and Convergence: Mixed Approaches·         Liability for Losses Caused by Administrative Action in South Africa and the Netherlands, Rolien Roos, North-West University (South Africa)·         The Convergence of Defamation in English Tort and French Criminal Law, Mathilde Groppo, King’s College London, Dickson Poon School of Law (United Kingdom)·         Public or Private? Comparing the German and British Approaches to Enforcing Consumer Protection, Shane Patrick McNamee, University of Bayreuth (Germany)10:30-11:00         Break11:00-12:00         Parallel Sessions IIIIII.A        Legal Cosmopolitanism in Territorialized and De-Territorialized Law·         Resorting to International Instruments for the Interpretation of European Private Law, Isabelle Rueda, University of Sheffield (United Kingdom)·         International Commercial Arbitration, lex mercatoria, UNIDROIT Principles and Models Laws: Legal Cosmopolitanism within the World of Affairs?, Matteo Dragoni, University of Pavia (Italy)

III.B        Of Elites and their Influence·         On Legal Elites and the Legal Profession in Cyprus, Nikitas Hatzimihail, University of Cyprus (Cyprus)·         Anglo-Phone Legality: Ciceronian, Socratic and Derridian, Joseph P. Garske (United States)III.C        Views of Law and the Cities·         The Interaction between Non-Judicial Mechanisms of Conflict Resolution and the State: the Case Study of Maputo, Concetta Tina Lorizzo, University of Cape Town (South Africa)·         Plurality and the City, Julian Sidoli del Ceno, Birmingham City University (United Kingdom)12:00-14:00         Lunch14:00-15:30         Parallel Sessions IVIV.A       Comparative law, Circulation and Transplants·         Comparative Law in Russia and CIS, Irina Moutaye, Institute of Legislation & Comparative Law, Moscow (Russia)·         Legal Transplants and European Private Law, Domitilla Vanni di San Vincenzo, University of Palermo (Italy)·         The Circulation of Legal Arguments among Courts : The Case of Brown v. Board of Education, Maria Chiara Locchi, University of Perugia (Italy)IV.B        Intercultural Integration: Cosmopolitism and Pluralism·         Errant Law: Spaces and Subjects, Mario Ricca, University of Parma, (Italy)·         Living Together in a Critical, Pluralist and Cosmopolitan State?, Emma Patrignani, University of Lapland (Finland)·         Comparing Hybrid Legal Systems in India: Similarities in Diversity, Andrea Borroni and Marco Seghesio, Seconda Università degli Studi di Napoli (Italy) IV.C        Justified and Unjustified Enrichment·         Unjustified Enrichment: Should South Africa Venture into the Thick Forest of Passing on Defence?, Aimite Jorge, University of Namibia (Namibia)·         Unjust or Unjustified? A German-English Picture Puzzle, Nathalie Neumayer, University of Vienna (Austria)·         Contract Formation in Context of Morality, Customs and Praxeology, Jakub Szczerbowski, University of Social Sciences and Humanities (Poland)15:30-16:00         Break16:00-17:15         Plenary– Keynote·         Forms of Combined Comparative Research: Synchronised or Restricted?, Katharina Boele-Woelki, University of Utrecht (The Netherlands)19:00                     Conference DinnerThursday, June 4, 2015
9:00-10:30           Parallel Sessions VV.B         Indigenous Law and State Law·         Explicit-Implicit Legal Pluralism, Elina Moustaira, University of Athens (Greece)·         Critical Legal Pluralism in Afghanistan, Nafay Choudhury, American University of Afghanistan (Afghanistan)·         Implications of an Adaptation Theory of Indigenous Law on Legal Pluralism in Africa, Anthony C. Diala, University of Cape Town (South Africa)V.C         Shifts in Transmitting Property and Nationality·         Remodeling Values Protected by the Law of Succession in the European Union, Elwira Macierzynska-Franaszczyk, Kozminski University (Poland)·         Comparative Analyses of Testamentary Capacity, Linda Schoeman, University of Pretoria (South Africa)10:30-11:00         Break11:00-12:00         Parallel Sessions VIVI.A       Challenging Legal Traditions ·         Socio-Cultural Challenges to Comparative Legal Studies in Mixed Legal Systems, Esin Örücü, University of Glasgow (Scotland)·         From Law as a Legal Tradition to Traditions Invented Through Law: a European Perspective, Lorenzo Bairati, University of Pollenzo (Italy)VI.B        Pluralistic Views on Land Issues in Indonesia·         Controversies on the Existences of Indigenous Lands in Indonesia, Rina Shahriyani Shahrullah and Elza Syarief, Universitas Internasional Batam (Indonesia)·         Legal Pluralism and Land Administration in West Sumatra: The Implementation of the Regulations of both Local and Nagari Governments on Communal Land Tenure, Hilaire Tegnan, Andalas University, Padang (Indonesia)VI.C        Clash or Balance? Cyber Security v. Privacy, DNA v. Presumption of Innocence·         A Vague Balance between Cyber Security and Right of Privacy: Israeli, International and Italian Law in a Comparative Perspective, Paola Aurucci, University of Milan (Italy)·         A Clash of Icons? Is DNA Evidence Posing Threats to Presumption of Innocence in Ireland and France?, Michelle-Thérèse Stevenson, University of Limerick (Ireland)12:00-14:00         Lunch
14:00-15:30         Parallel Sessions VIIVII.A      Panel – Buddhist Legal Traditions·         Buddhist Tradition(s) on Law and Governance, Ignazio Castellucci, University of Trento (Italy)·         Tibetan Epiphanies of Buddhist Law, Andrea Serafino, Università del Piemonte Orientale (Italy)·         Tort Law in Buddhist Legal Traditions, Lukas Heckendorn Urscheler, Swiss Institute of Comparative Law (Switzerland)VII.B      Everyday Life, Gender and Happiness·         Cryptotypes and Implicits in Gender Issues, Barbara Pasa (paper prepared with Lucia Morra), University of Turin (Italy)·         Ethnographic Study of the Everyday Legal Pluralism in India, Karine Bates, University of Montreal (Canada)·         Love and Happiness in Law, Angelo Parisi, University of Rome Tor Vergata (Italy)15:30-16:00         Break16:00-17:00         Juris Diversitas General Meeting
17:00-17:30         Plenary – Closing Panel
Catégories: Comparative Law News