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CONFERENCE REPORT: "The Vienna Congress and the Transformation of International Law" (HSozKult, 29 Mar 2016)

jeu, 03/31/2016 - 10:24
(image: Poppelsdorfer Schloss, source: Wikimedia Commons)
HSozKult published a conference report by Chirstophe Wampach (Bonn University, Institute for German and Rhineland Legal History) on the Conference "The Vienna Congress and the Transformation of International Law", held in Bonn on 3-4 September 2015 (see earlier on this blog).

First paragraph:
200 years after the European Great Powers convened in Vienna to discuss the post-Napoleonic era, Miloš Vec, professor of legal and constitutional history at the University of Vienna, and Mathias Schmoeckel, professor of legal history at the University of Bonn, called for an international and interdisciplinary conference to examine the implications of the Congress of 1815 in international law and conflict resolution. Indeed, whereas the political importance of the Congress of Vienna has very often been emphasised in the historical research, its legal aspects, on the contrary, have been left untold for too long. The conference took place on 3rd and 4th September 2015 at the Poppelsdorf Palace (Poppelsdorfer Schloss) in Bonn (Germany) and was financed by both the universities of Vienna and Bonn, and the LOEWE Research Focus ‘Extrajudicial and Judicial Conflict Resolution’ (LOEWE-Schwerpunkt „Außergerichtliche und gerichtliche Konfliktlösung“).Fulltext here.
Catégories: Comparative Law News

BOOK: Kaius TUORI, Lawyers and Savages: Ancient History and Legal Realism in the Making of Legal Anthropology. London: Routledge, 2016, 224 p. ISBN 9781138685949, £ 34,99.

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(image source: Routledge)

Book summary:
Legal primitivism was a complex phenomenon that combined the study of early European legal traditions with studies of the legal customs of indigenous peoples. Lawyers and Savages: Ancient History and Legal Realism in the Making of Legal Anthropology explores the rise and fall of legal primitivism, and its connection to the colonial encounter. Through examples such as blood feuds, communalism, ordeals, ritual formalism and polygamy, this book traces the intellectual revolution of legal anthropology and demonstrates how this scholarship had a clear impact in legitimating the colonial experience. Detailing how legal realism drew on anthropology in order to help counter the hypothetical constructs of legal formalism, this book also shows how, despite their explicit rejection, the central themes of primitive law continue to influence current ideas – about indigenous legal systems, but also of the place and role of law in development.Contents:
Preface, Chapter 1. Introduction, Chapter 2. Blood: Law as Culture, Chapter 3. Sex: The Fascination of Primitive Law, Chapter 4. Magic: The Realist Revolution, Chapter 5. The Banality of Pluralism, Chapter 6. Conclusions, Bibliography, IndexAbout the author:
Kaius Tuori is Academy of Finland Research Fellow at the University of Helsinki. His research interests include legal history, Roman law, legal anthropology, and classical archaeology.  (source: Law&Humanities Blog)
Catégories: Comparative Law News

WORKSHOP A HISTORY OF INTERNATIONAL LAW IN ITALY: The Development of International Law Scholarship in Italy and the Impact of Key Historical and Political Events on International Legal Studies, Firenze: EUI, 18-19 Apr 2016

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Prof. Guido Bartolini (Roma III) transmitted the following fascination programme of a two-day workshop on The History of International Law in Italy at the EUI (18-19 Apr).


18 – 19 April 2016
European University Institute
Sala Europa, Villa Schifanoia
via Boccaccio 121
Firenze

Monday 18 April 2016

9.15 - 9.30  Introduction to the Workshop
Nehal Bhuta
What “A History of International Law in Italy” Is for?
Giulio Bartolini
9.30 - 11.00  Early ‘Italian’ Scholars of ius gentium
Claudia Storti Storchi
Discussant: Luigi Lacchè
International Legal Scholarship in Italy from the Late Seventeenth to the Early Nineteenth Century
Walter Rech 
Discussant: Eliana Augusti
11.00 - 11.20  Coffee-break
11.20 – 13.15 The Risorgimento and the ‘Birth’ of the International Law Scholarship in Italy Edoardo Greppi
Discussant: Claudia Storti Storchi
The Italian Legal Scholarships in the Early Decades of the XXth Century
Giulio Bartolini
Discussant: Bardo Fassbender
The Italian Doctrine of International Law in the Post-II WW Period (Antonio Cassese); The Last Decades of the Italian Doctrine
Paolo Palchetti 
Discussant: Nehal Bhuta
13.15 - 14.30  Lunch (speakers only)
14.30 - 17.30  The Dialogue of Private and Public International Law in Italy
Pietro Franzina
Discussant: Roberto Virzo 
The Formation of Scholarly Journals of International Law – Their Role in the Discipline
Ivan Ingravallo
Discussant: Milos Vec
Catholicism and International Law Studies
Mirko Sossai
Discussant: Paolo Benvenuti  
The Influx of International Law Scholars in the Constitution-making Process  Roberto Virzo
Discussant: Sergio Marchisio 


Tuesday 19 April 2016

9.00 - 11.10 Encounters: The Mutual Influence between Italian and Foreign Scholars Robert Kolb and Giovanni DiStefano
Discussant: Anne Peters
The Unification of Italy and International Law
Sergio Marchisio 
Discussant:

Colonialism and Italian International Lawyers
Luigi Nuzzo
Discussant: Matthew Craven 

11.10 - 11.30  Coffee-break
11.30 – 13.30 The “Roman Question”, the Creation of the Vatican City State and the Recognition of the International Legal Personality of the Holy See in the International Law Literature
Tommaso Di Ruzza
Discussant: Edoardo Greppi

Main Post-II WW International Law Issues: 1945-1957
Enrico Milano 
Discussant: Federico Romero
The Impact of Marxism on Italian International Lawyers
Lorenzo Gradoni
Discussant:  Pavel Kolář

13.30  Conclusion of the Workshop

 PARTICIPANTS
Eliana Augusti University of Salento
Giulio Bartolini University of Roma Tre
Paolo Benvenuti University of Roma Tre
Nehal Bhuta European University Institute
Matthew Craven  SOAS, University of London
Tommaso Di Ruzza Financial Information Authority, Holy See
Giovanni DiStefano University of Neuchatel
Bardo Fassbender University of St. Gallen
Pietro Franzina University of Ferrara
Lorenzo Gradoni Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law
Edoardo Greppi University of Turin
Ivan Ingravallo University of Bari
Pavel Kolář  European University Institute
Robert Kolb  University of Geneva
Luigi Lacchè University of Macerata
Sergio Marchisio University of Rome, La Sapienza
Enrico Milano   University of Verona
Luigi Nuzzo  University of Salento
Paolo Palchetti  University of Macerata
Anne Peters  Max Planck Institute, Heidelberg
Walter Rech University of Helsinki
Federico Romero  European University Institute
Mirko Sossai University of Roma Tre
Claudia Storti Storchi University of Milan
Milos Vec University of Vienna
Roberto Virzo  University of Sannio

 ORGANIZING COMMITTEE
Giulio Bartolini University of Roma Tre
Nehal Bhuta European University Institute
Valentina Spiga European University Institute

A PDF of this provisional programme can be found here.
Catégories: Comparative Law News

BOOK: Alice TAYLOR, The Shape of the State in Medieval Scotland, 1124-1290 [Oxford Studies in Medieval European History], Oxford: OUP, 2016, 560 p. ISBN 9780198749202, £85/€ 108,74

sam, 03/19/2016 - 05:34

(image source: OUP)




Oxford University Press published a volume by Alice Taylor (King's College London) on medieval Scottish law and state formation.

Abstract:
This is the first full-length study of Scottish royal government in the twelfth and thirteenth centuries ever to have been written. It uses untapped legal evidence to set out a new narrative of governmental development. Between 1124 and 1290, the way in which kings of Scots ruled their kingdom transformed. By 1290 accountable officials, a system of royal courts, and complex common law procedures had all been introduced, none of which could have been envisaged in 1124.

The Shape of the State in Medieval Scotland, 1124-1290 argues that governmental development was a dynamic phenomenon, taking place over the long term. For the first half of the twelfth century, kings ruled primarily through personal relationships and patronage, only ruling through administrative and judicial officers in the south of their kingdom. In the second half of the twelfth century, these officers spread north but it was only in the late twelfth century that kings routinely ruled through institutions. Throughout this period of profound change, kings relied on aristocratic power as an increasingly formal part of royal government. In putting forward this narrative, Alice Taylor refines or overturns previous understandings in Scottish historiography of subjects as diverse as the development of the Scottish common law, feuding and compensation, Anglo-Norman 'feudalism', the importance of the reign of David I, recordkeeping, and the kingdom's military organisation. In addition, she argues that Scottish royal government was not a miniature version of English government; there were profound differences between the two polities arising from the different role and function aristocratic power played in each kingdom.

The volume also has wider significance. The formalisation of aristocratic power within and alongside the institutions of royal government in Scotland forces us to question whether the rise of royal power necessarily means the consequent decline of aristocratic power in medieval polities. The book thus not only explains an important period in the history of Scotland, it places the experience of Scotland at the heart of the process of European state formation as a whole.On the author:
Alice Taylor is Lecturer in Medieval History at King's College London. She was born in London and studied History at St Peter's College, Oxford. After receiving her doctorate from Oxford in 2009, she was a Research Fellow at King's College, Cambridge until 2011. She has published widely on many aspects of medieval Scottish history in journals such as Historical Research, The Scottish Historical Review, and The Haskins Society Journal, and has received prizes for her work from the Institute of Historical Research and the Scottish History Society. This is her first book. More information here.
Catégories: Comparative Law News

COMPARATIVE LEGAL HISTORY, vol. III (2015), Issue 2: Theme Issue on Lay Participation

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(image source: Routledge Law)
Comparative Legal History, our Society's official peer review journal (Taylor & Francis/Routledge Law) published its second issue of 2015.

Contents:



Lay participation in modern law: a comparative historical analysis
Markus Dubber & Heikki PihlajamäkiKnowing the law and deciding justice: lay expertise in the democratic Athenian courtsDavid MirhadyIn the rhetorically charged law courts in which ancient Athenian lay judges exercised their knowledge of the laws and so decided questions of justice, particularly where the quaestio iuris was most at issue, they exercised some quite sophisticated thinking. The judges abided by their oath to vote ‘according to the laws’, but did so with a comprehensive understanding both of the multiplicity of laws that might apply to particular cases and of the even greater number of legal principles implicit in them. After sketching the democratic aspects of Athens’ legal system, the paper begins with Plato’s Apology of Socrates before going on to detail legal reasoning advanced in Lysias’ On the Murder of Eratosthenes and Hyperides’ Against Athenogenes. Lay participation: the paradox of the juryAnthony MussonLay participation in the form of the jury has been integral to the administration of justice in England at all levels and in both civil and criminal arenas since the Middle Ages and is popularly regarded as a legacy of Magna Carta by dint of the constitutional significance attributed to the Great Charter over the centuries. Arguably juries provide a bastion against the potential harshness of the state and a buffer against arbitrariness on the part of the judge as well as injecting an element of amateurism to combat the increased professionalism of the legal system. Yet, for all the perceived benefits, serious inadequacies in jurors and even in the apparent fairness of the system have been exposed. Jury decisions, too, have come under scrutiny. This paper examines the paradox of the jury in criminal trials and compares their role in the modern legal system with the historical past. The politics of jury trials in nineteenth-century IrelandNiamh Howlin 
This article considers aspects of lay participation in the Irish justice system, focusing on some political dimensions of the trial jury in the nineteenth century. It then identifies some broad themes common to systems of lay participation generally, and particularly nineteenth-century European systems. These include perceptions of legitimacy, state involvement and interference with jury trials, and issues around representativeness. The traditional lack of scholarship in the area of comparative criminal justice history has meant that many of the commonalities between different jury systems have been hitherto unexplored. It is hoped that this paper will contribute to a wider discussion of the various commonalities and differences in the development of lay participation in justice systems. Forensic oratory and the jury trial in nineteenth-century AmericaSimon Stern At the beginning of the nineteenth century, the American jury trial was a form of popular amusement, rivalling the theatre and often likened to it. The jury's ability to find law, as well as facts, was widely if inconsistently defended. These features were consistent with a view of forensic oratory that emphasized histrionics, declamation and emotionally charged rhetoric as means of legal persuasion. By the end of the century, judges had gained more control of the law-finding power and various questions of fact had been transformed into questions of law. Many of the details that would have aided the lawyers’ dramatic efforts were screened out by a host of new exclusionary rules. These changes in forensic style may have helped to facilitate the decline of the trial, by reorienting its function away from a broadly representative one and towards one that emphasized dispassionate analysis in the service of objectivity.The schizophrenic jury and other palladia of liberty: a critical historical analysisMarkus D. Dubber Abstract:The historiography of the jury is interestingly schizophrenic, even paradoxical. On one side is the once traditional, and still popular, history of the jury as palladium of liberty. On the other side is the once revisionist, but now widely accepted, account of the jury's origin as instrument of oppression. On one side is the jury as English, local, indigenous, democratic; on the other is the jury as French, central, foreign, autocratic. This paper reflects on this apparent paradox, regarding it as neither sui generis nor in need of resolution. Instead, from the longue durée comparative-historical perspective of New Historical Jurisprudence, the schizophrenic history of the jury and of other palladia of liberty, notably habeas corpus, can be seen to reflect the fundamental and long-standing tension between two modes of governance, law and police, rooted in the distinction between autonomy and heteronomy that has shaped the Western legal-political project since classical Athens. Book reviews:

Rights and courts in pursuit of social change: legal mobilisation in the multi-level European systemJacques VanderlindenTheologians and contract law: the moral transformation of the ius commune (ca. 1500–1650)Janwillem Oosterhuis Entanglements in legal history: conceptual approachesJean-Louis HalpérinSignposts: new directions in southern legal historySeán Patrick Donlan Five legal revolutions since the 17th century: an analysis of a global legal historyThomas DuveLa religiosité du droitWim Decock Teaching legal history: comparative perspectivesEmanuel van DongenMaster of penance: Gratian and the development of penitential thought and law in the twelfth centuryStephan Dusil 
Catégories: Comparative Law News

LECTURE: World War One and the End of Neutrality: A Question Asked in the Wrong Way ? (Royal Flemish Academy of Belgium, Committee for Legal History/VUB CORE, 7 Apr 2016)

jeu, 03/17/2016 - 11:16


The Royal Flemish Academy of Belgium (Committee for Legal History) and the Research Group CORE (Contextual Research in Law) of the Vrije Universiteit Brussel (VUB) invite prof. dr. Eric Schnakenbourg (Université de Nantes/CRHIA/Institut Universitaire de France) for a lecture on the topic:


"World War One and the End of Neutrality:
A Question Asked in the Wrong Way ?"

Prof. dr. Eric Schnakenbourg is full-time professor of History at the University of Nantes and Director of the Research Center on International and Atlantic History. He published his Habilitation à diriger des recherches with the Presses Universitaires de Rennes in 2013 (Entre la guerre et la paix. Neutralite et relations internationales, XVIIe-XVIIIe siècles), and, earlier, his doctoral dissertation on France and Northern Europe in the early 18th Century with Honoré Campion.

The event will take place in the Academy Palace (Simon Stevin-Room), from 12:30 to 14:00.



Registration is mandatory, in view of the limited unmber of seats available: click here for the registration page.
Catégories: Comparative Law News

A. HONDEGHEM, X. ROUSSEAUX & F. SCHOENAERS (eds.), Modernisation of the Criminal Justice Chain and the Judicial System [Ius Gentium: Comparative Perspectives on Law and Justice, ed. M. SELLERS & J. MAXEINER], Heidelberg/New York: Springer, 2016. XVIII ...

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  (image source: Springer)
Springer published a collective work on "Criminal Justice and the Judicial System" (eds. A. Hondeghem, X. Rousseaux & F. Schoenaerts), from an interdisciplinary and historical perspective in the series Ius Gentium. Comparative Perspectives on Law and Justice (eds. M. Sellers & J. Maxeiner).

Description:
This book focuses on one part of the judicial system: the criminal justice chain. This involves all the activities and actors dealing with policing, prosecution, judgment, and sanctioning of crimes. In the last decades, reforms have been implemented in several European countries. In Belgium, for example, there was the so-called Octopus reform in 1998. The police was restructured, leading to an integration of the police forces on a national and local level.  New steering instruments were introduced, such as regional security plans. With regard to the sanctioning of crimes, a new institution was installed, called the sentence implementation court. This book evaluates these reforms and discusses the current reform on the reorganization of the judicial landscape. In addition, it examines the relation between trust and distrust and the application to the judicial system. It discusses the human capital aspect of the system, by means of a study on the prosopography of the Belgian magistrates that analyses the Magistracy as socio-professional group, and focuses on situations of system building, transformations under constraint (occupations), and transfers (colonial experience). Lastly, the book presents a comparative study of Belgium and France regarding the new techniques and instruments that are needed to accelerate the judicial response time and to ensure that the judicial system delivers its services on time.​ Contents:
From Octopus to the Reorganisation of the Judicial Landscape in Belgium (A. Hondeghem et al). (3-18)
Indicators or Incentives? Some Thoughts on the Use of the Penal Response Rate for Measuring the Activity of Public Prosecutors’ Offices in France (1999–2010)(C. Mouhanna et al.) (19-35)
Different Methods, Same Results as French Criminal Courts Try to Meet Contradictory Policy Demands (V. Gautron) (37-50)
The Position of the Public Prosecution Service in the New Swiss Criminal Justice Chain (D. Kettiger et al.) (51-64)
 Do Statistics Reinforce Administrative Centralisation? The Contradictory Influence of Quantified Indicators on French National Police (A.-C. Douillet et al.) (65-77)
From Justice Archipelago to Security and Justice Chain: Strategy-Organisation Configurations in the Dutch Criminal Justice System (S. Zouridis et al.) (79-93)
The Concepts of Trust and Distrust in the Belgian Criminal Justice Chain (J. Vanschoenwinkel et al.) (97-113)
Intra- and Interorganisational Trust in a Judicial Context: An Exploratory Case Study (M. Callens et al.) (115-130)
Managing the ‘Overall Integrated Security Policy’ at the Local Level: An Analysis of Inter-institutional Dialogue (A. Croquet et al.) (131-144)
Visible and Invisible Sentencing (N. Hutton) (145-158)
Making Sense or/of Decisions? Collective Action in Early Release Process (J. Bastard et al.) (159-172)
Prosopography, Crisis and Modernisation of Justice—“Belgian Magistrates”: An Introduction (X. Rousseaux) (175-180)
Prosopography in the Digital Age: Current Situation, Prospects and Perspectives in the Light of the Forthcoming “Belgian Magistrates” Application (A. François et al.) (181-193)
Conflicts, Tensions and Solidarity Within the Judicial District: A Socio-Professional Study of the Judiciary of the “Belgian” Departments Under the French Directory (1795–1799) (E. Berger) (195-210)
Magistrates of Congo (1885–1960): Prosopography and Biography as Combined Tools for the Study of the Colonial Judicial Body (L. Montel et al.) (211-232)
Belgian Magistrates and German Occupiers: A Diachronic Comparison (1914–1918/1940–1944) (M. Bost et al.) (233-260)
Prosopography, History and Legal Anthropology: Two Comments on the Belgian Case (J.-C. Farcy et al.) (261-275)
Fee sample pages here.
More information on SpringerLink.
Catégories: Comparative Law News

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