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BOOK REVIEW: Joshua Schröder on Richard S. KAY, The Glorious Revolution and the Continuity of Law, Washington: Catholic University of America Press, 2014, XI + 304 p. $ 59,95, ISBN 9780813226873

mar, 05/10/2016 - 08:27

(image source: CUA press)

Joshua Schroeder (University of Buffalo, SUNY) reviewed Richard S. Kay's The Glorious Revolution and the Continuity of Law (Catholic University of America Press, 2014). for H-War.

First paragraph:
The Glorious Revolution and the Continuity of Law by Richard S. Kay applies a legal perspective onto the Glorious Revolution. Like many major historical events, the Revolution of 1688 has received so much scholarly attention that one may wonder how somebody could offer a truly fresh perspective. However, as Kay seems well aware, the Glorious Revolution does not lend itself easily to categorization. Was the Glorious Revolution even a revolution? Should it be understood as its own event or merely the final chapter in the seventeenth-century English conflict with the Stuarts? Was it primarily a religious or political event? Kay argues that a legal analysis of the Glorious Revolution can provide the best perspective on answering these questions. He deftly weaves a discussion of all of these topics within his answer to the central question of his book: how did the revolutionaries reconcile their stated goal of preserving the English Constitution with the blatantly illegal deposition of one king and installment of another? His simple answer, they “faked” it, should not hurt appreciation for his thorough and careful analysis of the legal arguments made by the proponents and some detractors of the revolution (p. 17).Read the full review here.
Catégories: Comparative Law News

EXHIBITION: "What Not to Wear: Fashion and the Law" (Harvard Law School Library, through August 12, 2016)

lun, 05/09/2016 - 07:08

WHAT What Not to Wear: Fashion and the Law, exhibition

WHEN through August 12, 2016, 9:00-5:00

WHERE Harvard Law School Library, Harvard University

all information here

Though law and fashion may not initially seem like overlapping domains, given the central nature of each of these fields it is no surprise that they do have an impact on one another. Over the years, fashion has been important to decisions about how jurists visually demonstrate their expertise and law has served to circumscribe how fashion is created, distributed, and consumed.This exhibit looks at some of these intersections of fashion and the law from historic laws setting strict class distinctions for fashion to modern intellectual property law’s approach to protecting those who design and create fashion. What Not to Wear: Fashion and the Law, curated by Mindy Kent, Meg Kribble, and Carli Spina, is on view in the HLS Library Caspersen Room daily 9am-5pm through August 12, 2016.
Catégories: Comparative Law News

JOURNAL: "Law and History Review", 34:2 (May 2016)

lun, 05/09/2016 - 06:59

Law and History Review 34:2 (May 2016)
all information here
Table of Contents

John Stuart Mill and the Contagious 
Diseases Acts: Whose Law? Whose 
Liberty? Whose Greater Good?’ by 
Jim Jose, Kcasey McLoughlinLegal fictions are often used to lubricate the machinery of jurisprudence. One of these is the idea that laws created to restrict the liberty of some individuals or class of individuals in order to protect the public good are in effect outcomes of tradeoffs between abstract universals, namely liberty and the public good. A three way relationship is imagined in which law, liberty, and the public good are in creative tension. The role of the law in this three way tension is further imagined to be the mediator where it serves to calibrate this tension in ways that are also assumed to legitimate the intended outcomes in practice. In particular, where the outcome is the prevention of harm, then laws that curtail liberty must be seen not just as measures for the public good, but rather as necessitated by the potential effects of the very harm itself. The justification for this view is often traced back to the views of nineteenth century political philosopher John Stuart Mill, who famously expressed this in terms that have become known as the “harm principle”; specifically that “the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others.”

“Under Two Jurisdictions”: Immigration, Citizenship, and Self-Governance in Cross-Border Community Relocations, by Jane McAdam
The governments of Kiribati and Fiji “should make every effort to minimise the difficulties of and inconveniences to this community which finds itself under two jurisdictions.”  Our younger generation have been taught that they also have another home. There are still two homes. That's their roots. That's where they belong.
“Once the Jews have been Expelled”: Intent and Interpretation in Late Medieval Canon Law, by Rowan W. Dorin
Sometime in early 1434, two northern Italian counts, Francesco Pico della Mirandola and his brother Giovanni, sent a letter to Pope Eugene IV (r. 1431–47). Out of concern for their subjects, who had long suffered from a shortage of credit, Francesco and Giovanni had allowed some Jews to settle in their lands and lend at interest. In addition, the brothers had rented a house to these Jews for the purpose of moneylending. At the time, the noblemen stressed, they had not believed their actions to be unlawful. They had since come to fear, however, that they had inadvertently brought automatic excommunication upon themselves by violating the provisions of Usurarum voraginem, a decree first issued at the Second Council of Lyon in 1274 that called on secular and religious authorities to refuse lodging to foreign usurers and, in addition, to expel such usurers from their lands. The brothers' uncertainty, the petition noted, reflected the varied opinions of contemporary jurists (presumably those at Bologna, a mere 60 kilometers away), who disagreed on whether the decree was to be understood in reference to Jewish as well as Christian moneylenders. Deciding to err on the side of caution, the brothers petitioned the Holy Father to grant them absolution, if they had indeed incurred ecclesiastical censure through their actions. In addition, they asked to be granted a dispensation allowing the Jews to remain in their lands, so as to spare their subjects from even greater economic misfortune.
Israel's 1967 Governmental Debate about the Annexation of East Jerusalem: The Nascent Alliance with the United States, Overshadowed by “United Jerusalem,” by Ofra Friesel
The main position of modern international law prohibits the annexation of occupied territory. Israel, however, like Jordan two decades earlier, annexed East Jerusalem after its occupation in June 1967, and applied its national laws there. Although the legality of the Israeli move according to international law has been debated extensively ever since, the fact that in doing so Israel chose to act contrary to expressed American objections to this move has not been thoroughly examined, however. This research focuses on the Israeli governmental deliberations and eventual decision to annex East Jerusalem, against the backdrop of the early days of the emergence of a hesitant Israeli–American alliance following the 1967 War. Through an analysis of Israeli government meeting protocols, now released to the public, together with American and United Nations sources and existing scholarship, I aim to uncover what weight the United States objection to Israeli annexation of East Jerusalem held in the Israeli government's deliberations concerning whether or not to annex it.
International Criminal Law's Millennium of Forgotten History, by Ziv Bohrer
At the close of World War II (WWII), Winston Churchill suggested summarily executing the remaining Nazi leadership. Franklin Delano Roosevelt disagreed, insisting on prosecuting them in an international military tribunal. This is considered the “birth” of International Criminal Law (ICL), following a consensus that “[t]he Nazi atrocities gave rise to the idea that some crimes are so grave as to concern the international community as a whole.” A few earlier instances of penal action against violators of the laws of war are acknowledged, but they are dismissed as unrelated to current ICL, because (presumably) these cases are sporadic domestic legal actions that lack a common doctrine.
The Custody Crucible: The Development of Scientific Authority About Gay and Lesbian Parents, by Marie-Amélie George
In 1974, gay father Bruce Voeller sought visitation with his three children after divorcing his wife. The New Jersey family court held a six day trial that centered on expert witness testimony as to whether Voeller's homosexuality would be detrimental to his children. Drs. Richard Green and John Money testified on Voeller's behalf, whereas Voeller's ex-wife called Dr. Richard Gardner, who concluded that “‘the total environment to which the father exposed the children could impede healthy sexual development in the future.’” In his opinion, which imposed strict limitations on visitation, the judge focused on the opposition within the American Psychiatric Association (APA) over the decision to declassify homosexuality as a mental illness, reasoning that psychiatrists' inability to agree on how to define or classify homosexuality indicated that it was impossible to know what effect Voeller's homosexuality would have on his children. The court consequently concluded that the medical controversy, combined with “the immutable effects which are engendered by the parent-child relationship, demands that the court be most hesitant in allowing any unnecessary exposure of a child to an environment which may be deleterious.” The court imposed visitation restrictions to prevent the children from being in “any homosexual related activities,” which included prohibiting Voeller from ever introducing his partner to the children.Reviews

Barbara Stollberg-Rilinger, trans. Thomas Dunlap, The Emperor's Old Clothes: Constitutional History and the Symbolic Language of the Holy Roman Empire, New York: Berghahn Books, 2015. Pp. 332. $125.00 cloth (ISBN 9781782388050).
Sara Ludin

Thomas G.W. Telfer, Ruin and Redemption: The Struggle for a Canadian Bankruptcy Law, 1867–1919, Toronto: University of Toronto Press/The Osgoode Society for Canadian Legal History, 2014. Pp. 297. $75.00 (ISBN 978-0-8020-9343-1)
Charles J. Tabb

Joseph M. Gabriel, Medical Monopoly: Intellectual Property Rights and the Origins of the Modern Pharmaceutical Industry, Chicago: The University of Chicago Press, 2014. Pp. 328.  30.00 e-book (ISBN 9780226108216).
Kara W. Swanson

J. Shoshanna Ehrlich, Regulating Desire: From the Virtuous Maiden to the Purity Princess, New York: SUNY Press, 2014. Pp. 213. $80.00 (ISBN 13: 978-1-4384-5305-7).
Maya Manian

Catégories: Comparative Law News

BOOK: "Legal Codes and Talking Trees. Indigenous Women’s Sovereignty in the Sonoran and Puget Sound Borderlands, 1854-1946" by Katrina Jagodinsky (2016)

lun, 05/09/2016 - 06:47

Legal Codes and Talking Trees. Indigenous Women’s Sovereignty in the Sonoran and Puget Sound Borderlands, 1854-1946, by Katrina Jagodinsky

all information here

Katrina Jagodinsky’s enlightening history is the first to focus on indigenous women of the Southwest and Pacific Northwest and the ways they dealt with the challenges posed by the existing legal regimes of the nineteenth and twentieth centuries. In most western states, it was difficult if not impossible for Native women to inherit property, raise mixed-race children, or take legal action in the event of rape or abuse. Through the experiences of six indigenous women who fought for personal autonomy and the rights of their tribes, Jagodinsky explores a long yet generally unacknowledged tradition of active critique of the U.S. legal system by female Native Americans.Katrina Jagodinsky is assistant professor of history at the University of Nebraska and a former fellow of the Clements Center for Southwest Studies at SMU. She lives in Lincoln, NE.
Catégories: Comparative Law News

BOOK: "Chinese Law in Imperial Eyes: Sovereignty, Justice, and Transcultural Politics" by Li Chen (2016)

lun, 05/09/2016 - 06:39

Chinese Law in Imperial Eyes: Sovereignty, Justice, and Transcultural Politics, by Li Chen (University of Toronto)
all information here
How did American schoolchildren, French philosophers, Russian Sinologists, Dutch merchants, and British lawyers imagine China and Chinese law? What happened when agents of presumably dominant Western empires had to endure the humiliations and anxieties of maintaining a profitable but precarious relationship with China? In Chinese Law in Imperial Eyes, Li Chen provides a richly textured analysis of these related issues and their intersection with law, culture, and politics in the eighteenth and nineteenth centuries. Using a wide array of sources, Chen's study focuses on the power dynamics of Sino-Western relations during the formative century before the First Opium War (1839-1842). He highlights the centrality of law to modern imperial ideology and politics and brings new insight to the origins of comparative Chinese law in the West, the First Opium War, and foreign extraterritoriality in China. The shifting balance of economic and political power formed and transformed knowledge of China and Chinese law in different contact zones. Chen argues that recovering the variegated and contradictory roles of Chinese law in Western "modernization" helps provincialize the subsequent Euro-Americentric discourse of global modernity. Chen draws attention to important yet underanalyzed sites in which imperial sovereignty, national identity, cultural tradition, or international law and order were defined and restructured. His valuable case studies show how constructed differences between societies were hardened into cultural or racial boundaries and then politicized to rationalize international conflicts and hierarchy.

Catégories: Comparative Law News

CALL FOR ABSTRACTS: The Art of Law: Artistic Representations and Iconography of Law & Justice in Context from the Middle Ages to the First World War (Bruges, 16-18 January, 2017); DEADLINE 01 JUN 2016

lun, 05/09/2016 - 06:17
Image: Jan van Brussel, The duality of Justice (detail), ca. 1499 © SRAL

The Art of Law
Artistic Representations and Iconography of Law & Justice in Context
from the Middle Ages to the First World War

Date: 16-17-18 January, 2017
Venue: Groeningemuseum, Bruges
Deadline: 1 June, 2016
In his Rechtsboek van Den Briel written in 1405 for the Dutch town of Den Briel, Jan Matthijsen, a court clerk, specified what a proper court or deliberation room should look like. “…[T]he courtroom will be made clean inside and filled with paintings and inscribed with good old wise words, from which one can acquire wisdom and cleverness, as one says: to behold is to be aware”. The phrase convincingly illustrates the link, in the late medieval and early modern Low Countries, between law and the visual arts in general, and the use of court room decorations in particular. From town hall decorations depicting the Last Judgement and so-called exempla iustitiae, via the allegory of justice in the figure of a woman and her depiction on frontispieces of books, to the nineteenth-century Palaces of Justice, time and again it becomes clear how the practitioners of law used art and the visual in order to function and reach their ideal: justice.

From 28 October, 2016 through 5 February, 2017, the Groeningemuseum in Bruges will host the exhibition The Art of Law. Three Centuries of Justice depicted. This art exhibition will feature about 100 artworks from over 30 national and international museums and libraries and will focus on themes related to justice as expressed in artworks of various media from about 1500 through 1800. In 2018, from 23 March until 24 June, the Museum Hof van Busleyden in Mechelen, in collaboration with the Royal Museum of Fine Arts Antwerp, will organize the exhibition Call for Justice. Art and Law in the Burgundian Low Countries. This exhibition will focus on the ways in which artworks from the ‘long’ Burgundian period (1450-1650) have negotiated the concepts of ‘justice’ and ‘injustice’. Both exhibitions will be accompanied by respective academic conferences.

The first conference will be organized on 16, 17 and 18 January, 2017 in Bruges and is entitled The Art of Law. Artistic Representations and Iconography of Law & Justice in Context from the Middle Ages to the First World War. Recent years have witnessed a clear rise in scholarship on law and the visual, mostly originating in the wider field of law and the humanities. The Bruges conference wishes to contribute to this scholarship by focusing on imagery in its legal and art historical contexts. The organizers seek to bring together original and interdisciplinary scholarship that questions the role of art in the practice of law, jurisprudence and justice administration from the Late Middle Ages through the nineteenth century.

The exhibitions and the Bruges conference coincide with the fifth and final year of the Belspo Interuniversity Attraction Pole Justice and Populations: The Belgian experience in international perspective 1795-2015 (2012-2017) and its work package (WP4) Long-term self-representations of Justice. A substantial part of the Bruges conference will be devoted to the 19th and 20th centuries, in order to present the research results of the mentioned WP4 to a critical public of peers. The proceedings of the conference will be published in the IAP subseries of Springer’s Studies in the History of Law and Justice.
Paper proposals in English may deal with – but are not limited to:
- the theological origins of legal imagery and iconography;
- the use of art in the practice of law and jurisprudence;
- the impact of technological and genre evolutions such as the printing device, frontispieces and/or emblemata on legal iconography;
- the presence and function of legal iconography in urban public space;
- spectatorship, art and law;
- imagery as a visual source for legal history.

The second conference, to be held in Mechelen in June 2018, will focus on places where justice was administered as centers of artistic production.
Although equally fascinating as research topics, papers on the history of copyright and art law fall beyond the thematic reach of the conference.

Paper proposals of 20 minutes should be sent as 300 word abstracts including one or two images, together with a short academic CV and publication list, to Stefan.Huygebaert@ugent.be and Vanessa.Paumen@brugge.be by 1 June, 2016 at 17:00. The organizers invite junior and senior scholars from all disciplines involved (art history, legal history, political and/or institutional history, archeology, architectural history and other fields from the humanities) as well as museum professionals.

The authors of the selected papers will be notified by 15 July, 2016. A selection of papers will be peer reviewed and published in the form of an academic book. The conference will take place in the Groeningemuseum (Bruges, Belgium) on 16, 17 and 18 January, 2017. A private visit to the exhibition The Art of Law will be part of the program.

Keynote speaker : Carolin Behrmann (Kunsthistorisches Institut in Florenz – Max-Plank-Institut)
Organized by the Flemish research centre for the arts in the Burgundian Netherlands and Musea Brugge, the Museum Hof van Busleyden and the Royal Museum of Fine Arts Antwerp, the Ghent Legal History Institute, the Belspo IAP Justice & Populations. The Belgian Experience in International Perspective and the Belspo IAP City & Society.

Scientific Committee:
Marc Boone (Ghent University)
Bruno De Wever (Ghent University)
Stefan Huygebaert (Ghent University/FWO)
Samuel Mareel (Museum Hof van Busleyden/Royal Museum of Fine Arts Antwerp/Ghent University)
Georges Martyn (Ghent University)
Vanessa Paumen (Flemish research centre for the arts in the Burgundian Netherlands/ Groeningemuseum)
Xavier Rousseaux (UCL)
Nathalie Tousignant (USL)

Catégories: Comparative Law News

CONFERENCE: "'Atlante Criminale. Responsabilità penale e pericolosità sociale tra vecchie e nuove emergenze" (Teramo, May 26-27 2016)

mer, 05/04/2016 - 06:40

WHAT Atlante Criminale. Responsabilità penale e pericolosità sociale tra vecchie e nuove emergenze. (In memoria di Mario Sbricioli), Conference
WHEN May 26-27, 2016
WHERE University of Teramo (Italy)

Facoltà di Scienze Politiche – Aula TesiMay 26, 2016 
9.00-10.00 Saluti istituzionaliIntroduce Luigi Lacchè (University of Macerata)10.00-11.30 Session 1 (profili storici e storico-giuridici – chair: Paolo Marchetti – University of Teramo)Ripensare il terrorismo: la lezione della storia - Francesco Benigno (University of Teramo)Riformismo criminologico e garanzie costituzionali tra Otto e Novecento - Michele Pifferi (University of Ferrara)L’albero nuovo si piega meglio di quello vecchio”. La questione minorile in Italia: ‘educare’ per prevenire la repressione - Floriana Colao (University of Siena)
11.30-12.00 Coffee Break
12.00-13.00 Session 2  (profili storico-giuridici e criminologici - chair: Alessandra Giunti –University of Teramo)Dal furor amoris al delinquente passionale: un dibattito tra Otto e Novecento, Emilia Musumeci (University of Teramo)La Scuola Positiva e i “nuovi orizzonti” del diritto penale, tra pericolosità criminale e rischio sociale, Paolo Marchetti (University ofTeramo)

13.00-15.00 Lunch
15.00-17.00 Session 3 ( profili penali – chair: Luciano Eusebi – Università Cattolica di Milano)La pericolosità sociale in cerca d’autore Marco Pelissero (University of Genova)Pericolosità sociale e colpevolezza  - Nicola Pisani (University of Teramo)Il recidivo come nemico pubblico negli ordinamenti di civil law - Francesca Rocchi (University of Napoli ‘Federico II’)La ricostruzione della pericolosità sociale: tra passato e futuro - Marco Pierdonati (University of Teramo)
17.00-17.30 Coffee Break
17.30-19.00 Session 4 (profili processual-penalistici –  chair: Nicola Pisani – University of Teramo)Distorsioni funzionali del processo penale: la spirale preventiva - Luca Marafioti (Roma Tre University)Le incerte traiettorie della pericolosità nelle dinamiche del processo penale - Benedetta Galgani (University of Pisa)Pericolosità sociale e detenuti definitivi: una rieducazione (im)possibile? Rosita del Coco (University of Teramo)
May 27
9.30-10.30 Session 5 (profili storico-comparativi - chair: Emilia Musumeci – University of Teramo)Il nemico come oppositore politico-ideologico: un confronto tra Italia e Gran Bretagna negli anni Trenta - Stephen Skinner (University of Exeter)La difesa sociale in Belgio: dalle origini ai profili attuali di un diritto penale del nemicoYves Cartuyvels (Université Saint-Louis, Bruxelles)
10.30-11.00 Coffee Break
11.00-13.00 Session 6 (profili applicativi: tavola rotonda – chair: Marco Pierdonati - University of Teramo)
Domenico Canosa (Giudice Penale presso il Tribunale di Teramo)Giovanni Cirillo  (Giudice Delegato ai Fallimenti presso il Tribunale di Teramo)Stefano Giovagnoni (Sostituto Procuratore presso il Tribunale di Teramo)Luca Sciarretta (Sostituto Procuratore presso il Tribunale di Teramo)
13,00-13,30 Chiusura dei lavori
Evento riconosciuto dal Consiglio dell’Ordine degli Avvocati di Teramo per l’acquisizione di creditiformativi.
Segreteria Organizzativa:- Dott. Mario Lucchi (mlucchi@unite.it)Servizio contabilità e supporto alla ricerca c/oUniversità degli Studi di Teramo - Facoltà di GiurisprudenzaCampus Universitario “Aurelio Saliceti” – Via R. Balzarini, 1 – 64100 TeramoTel. 0861.266224 – 0861.266661 // PEC: spresgiu@pec.unite.it- Dott.ssa Emilia Musumeci (emusumeci@unite.it) c/o Cattedra di Storia del diritto medievale e moderno (Prof. Paolo Marchetti), Università degli Studi di Teramo - Facoltà di Giurisprudenza
Catégories: Comparative Law News

SEMINAR: "Hérésie savante et modus procedendi dans le contexte conciliaire du XVe siècle" (Paris, May 12 2016)

mer, 05/04/2016 - 06:08

WHAT Hérésie savante et modus procedendi dans le contexte conciliaire du XVe siècle. La causa fidei au Concile de Constance, Seminar
WHEN May 12, 2016
WHERE EHESS, Cenj, 105 boulevard Raspail, salle 4, 17:00-19:00
Sebastián Provvidentechercheur au Consejo Nacional de Investigaciones Científicas y Técnicas et maître de conférences à l’Université de Buenos Aires, directeur d'études invité, tiendra son premier séminaire dans le cadre du séminaire de J. Chiffoleau 
Catégories: Comparative Law News