Agrégateur de flux

BOOK: "Landmark Cases in Criminal Law" P. Handler, H. Mares and I. Williams eds (May, 2017)

Landmark Cases in Criminal Law, edited by Philip Handler, Henry Mares and Ian Williams all information here
Criminal cases raise difficult normative and legal questions, and are often a consequence of compelling human drama. In this collection, expert authors place leading cases in criminal law in their historical and legal contexts, highlighting their significance both in the past and for the present.
The cases in this volume range from the fifteenth to the twenty-first century. Many of them are well known to modern criminal lawyers and students; others are overlooked landmarks that deserve reconsideration. The essays, often based on extensive and original archival research, range over a wide spectrum of criminal law, covering procedure and doctrine, statute and common law, individual offences and general principles. Together, the essays explore common themes, including the scope of criminal law and criminalisation, the role of the jury, and the causes of change in criminal law.Table Of Contents1. Landmark Cases and Wider Themes in Criminal Law
Philip Handler, Henry Mares and Ian Williams
2. The Carrier's Case (1473)
Ian Williams
3. R v Saunders and Archer (1573)
John Baker
4. R v Jones (1703)
Simon Stern
5. R v Bembridge (1783)
Jeremy Horder
6. R v Shipley (1784): The Dean of St Asaph's Case 
Kevin Crosby
7. M'Naghten's Case (1843)
Arlie Loughnan
8. R v Flattery (1877)
Rebecca Williams
9. DPP v Beard (1920)
Philip Handler
10. R v Jordan (1956)
David Ibbetson
11. Shaw v DPP (1961)
Henry Mares
12. DPP v Morgan (1975)
Lindsay Farmer
13. Whitehouse v Lemon, Whitehouse v Gay News Ltd (1979)
J R Spencer
14. R v Hancock and Shankland (1986)
Matthew Dyson
15. R v Howe (1987)
Findlay Stark
16. R v Brown (1993)
Jonathan Herring- See more at:
Catégories: Comparative Law News

Max Planck Encyclopedia of Comparative Constitutional Law

Juris Diversitas - mer, 05/17/2017 - 12:32
Oxford University Press launches the Max Planck Encyclopedia of Comparative Constitutional Law
Your launchpad for global constitutional
·         Developed for use by constitutional lawyers, academics, and students·         Provides comprehensive analysis of constitutional law topics in a comparative context·         Linked to the constitutional texts so users can verify accuracy of commentary·         Built with accessibility in mind, with browsing by subject matter and simple search functionality
Oxford University Press is delighted to announce the launch of the Max Planck Encyclopedia of Comparative Constitutional Law (MPECCoL), a new addition to the Oxford Constitutional Law family.
The Max Planck Encyclopedia of Comparative Constitutional Law offers a global overview of constitutional law in a comparative context via painstakingly researched articles, and was developed with constitutional lawyers, academics, and students in mind. The online resource provides seamless navigation between encyclopedia articles, linking to English versions of the constitutional documents mentioned in articles and hosted on our Oxford Constitutions of the World and US Constitutional Law products, as well as through references from the Oxford Law Citator.
Developed in partnership with the team of editors at the Max Planck Foundation for International Peace and the Rule of Law, the Max Planck Encyclopedia of Comparative Constitutional Law has launched with 70 articles from more than 60 different authors, providing analytical coverage of constitutional law topics in a comparative context. This will grow to include over 500 articles once fully established, linked by an intuitive subject and keyword search functionality.
The articles define and cover the underpinnings of state formation and constitutional law, as well as analysing and explaining from a global comparative perspective a number of foundational legal concepts, such as:
·         Human rights·         Constitutional formation·         Scope of state protections·         The defining structures of governmental makeup·         Types of legal structures and interactions within a constitutional law system; and ·         Legal constitutional concepts that make up constitutional law
The Max Planck Encyclopedia of Comparative Constitutional Law is available on annual subscription to libraries, organizations, and institutions worldwide. Pricing is based on the size and type of institution and the number of users.
If your readers/members are on the cutting edge of this field and would be interested in reading about Oxford’s new online resource, please consider announcing or reviewing it in your blog, newsletter, or journal.
For further information, or to request free access for the purposes of writing and publishing a review please contact:
Kate Roche | Oxford University Press |
Catégories: Comparative Law News

BOOK: Dante FEDELE, Naissance de la diplomatie moderne (XIIIe-XVIIe siècles). L'ambassadeur au croisement du droit, de l'éthique et de la politique [Studien sur Geschichte des Völkerrechts; 36). Baden-Baden: Nomos Verlag, 2017, 830 p. ISBN...

(image source: Nomos)
Dante Fedele (KULeuven) published his PhD dissertation (ENS Lyon) in the collection Studien zur Geschichte des Völkerrechts (Nomos).

The author investigates the birth of modern diplomacy. Drawing on a wide-ranging body of textual materials dealing with the ambassador from the 13th to the 17th century, he analyses how that figure was developed within a complex constantly renewed field of interaction between law, ethics and politics, where theory and practise are intertwined in an unresolved dialectical interaction. The first part examines how the legal status of the ambassador was shaped during the late Middle Ages and how this process influenced early-modern scholarship on diplomacy. The second part investigates how the emergence of the modern State both reinvigorated and reshaped the scholarly approaches to the different themes linked to the figure of the ambassador. The third part proposes an account of how the professional status of the ambassador developed within the examined body of literature. Through the prism of these approaches, diplomacy appears as a foundational matrix of modern political rationality.
More information on the publisher's website.
Catégories: Comparative Law News

SYMPOSIUM: Evaluating the Turn to History of International Law (ESIL Conference, Naples, 6 Sep 2017)

ESIL 2017 Annual Conference
Symposium of the Interest Group on the History of International Law
“Evaluating the Turn to History of International Law” 
Naples, Wednesday, 6 September 201713:00-17:00, Venue TBA

13:00: Welcome and Opening RemarksThomas Skouteris (The American University in Cairo)
13:00-14:30: Session 1Martin Clark (London School of Economics): “Ambivalences, anxieties / Adaptations, advances”Valentina Vadi (Lancaster University): “International Law and its Microhistories”Amrita Mukherjee (University of Leeds): “Subaltern Studies & International Law”Discussant: Gerry Simpson (London School of Economics)Moderator: Thomas Skouteris (The American University in Cairo)
15:00-16:30: Session 2Miriam Bak Mackenna (Lund University) & Matilda Arvidsson (Lund University): “The ‘turn to history’ and the sources doctrine in international law: disruption, democratization, and distress”Jan Martin Lemnitzer (University of Southern Denmark): “Writing a new history of international criminal law – where do we start?Immi Tallgren (University of Helsinki): “A turn to women? Histories of ‘international criminal lawyers”Discussant: Ignacio de la Rasilla del Moral (Brunel University)Moderator: Inge van Hulle (Tilburg University)
16:30: Closing remarks and discussion on future activities of the IGHIL
Symposium Conveners/ IGHIL Coordinating Committee MembersFrederik Dhondt, Inge van Hulle, Ignacio de la Rasilladel Moral, and Thomas Skouteris
Catégories: Comparative Law News

La comparaison juridique et l’Afrique: Regards italiens

Juris Diversitas - mer, 05/10/2017 - 12:47
Conférence-débat du Master 2 Droits africainsEcole de Droit de la SorbonneUniversité Paris 1 Panthéon-Sorbonne
La comparaison juridique et l’Afrique. Regards italiens  AvecRodolfo SaccoProfesseur émérite, Université de Turin« Le caractère du droit africain »
Salvatore MancusoProfesseur de droit comparé, Université de Cape Town« L’Afrique et le droit comparé »
Antonio GambaroProfessore ordinario di Diritto Civile I, Facoltà di Giurisprudenza Università degli Studi di Milano« La méthode de la comparaison juridique »  
Mardi 16 mai 2017, de 10 h à 12 hAmphithéâtre Descartes en Sorbonne17 rue de la Sorbonne 75005 Paris

Inscription gratuite obligatoire à 
Catégories: Comparative Law News

New from Hart Publishing

Juris Diversitas - lun, 05/08/2017 - 13:08
Principled Reasoning in Human Rights AdjudicationSe-shauna Wheatle
Implied constitutional principles form part of the landscape of the development of fundamental rights in common law jurisdictions, affecting issues ranging from the remuneration of judges to the appropriation of property by the state. Principled Reasoning in Human Rights Adjudication offers thematic analysis of the use of the implied constitutional principles of the rule of law and separation of powers in human rights cases. The book examines the functions played by those principles in rights adjudication in Australia, Canada, the Commonwealth Caribbean, and the United Kingdom. It argues that  a complete understanding of implied constitutional principles requires thoroughgoing analysis of the sources and methods of implication and of the specific roles played by such principles in the adjudicative process.  By disaggregating particular functions and placing those functions within their respective institutional contexts, this book develops an understanding of the features of cases in which implied constitutional principles are invoked and the work done by those principles.
Se-shauna Wheatle is Research Associate in Public Law in the Durham Law School, University of Durham.
Click here for more details about the Hart Studies in Comparative Public Law Series
April 2017     9781782259817     256pp     Hardback     RSP: $82
Please click here for more information about this title and to order online
Chasing Criminal MoneyChallenges and Perspectives On Asset Recovery in the EUEdited by Katalin Ligeti and Michele Simonato
The fight against dirty money is not a new topic, nor a recent problem. It has existed within international and national agendas since the 1980s. Nonetheless, the evolving complexity of criminal skills and networks; the increasingly global dimension of crime; the financial crisis; and the alleged unsatisfactory results of the efforts hitherto undertaken cause us to re-pose and re-discuss some questions. This book addresses several issues concerning the reasons, objectives and scope of national and supranational strategies targeting criminal money, as well as the concrete modalities to overcome its obstacles. The main objective is to explore where the EU stands and where it ought to go, providing useful input for policy-makers and further research. Nevertheless, the problems are not limited to the EU area, and assets – particularly money – cross EU borders much more easily than people do. The reflections developed in the chapters, therefore, aim at going beyond these EU borders. The book is divided into two parts. The first one focuses on the core of asset recovery policies, namely confiscation or forfeiture laws, and explores in particular some issues concerning the respect of fundamental rights. The second part addresses other problematic aspects related to the asset recovery process, such as the return of assets to victim countries, the cross-border investigations on dirty money, and the social use of confiscated assets.
Katalin Ligeti is Professor of European and International Criminal Law at the University of Luxembourg. Michele Simonato is a post-doctoral researcher in EU and Comparative Criminal Law at Utrecht University.
Click here for more details about the Hart Studies in European Criminal Law Series
April 2017     9781509912070     400pp     Hardback     RSP: $108
Please click here for more information about this title and to order online
Public InquiriesWrong Route on Bloody SundayLouis Blom-Cooper
Throughout the twentieth century, administrations have wrestled with allaying public concern over national disasters and social scandals. This book seeks to describe historically the use of public inquiries, and demonstrates why their methods continued to deploy until 1998 the ingrained habits of lawyers, particularly by issuing warning letters in order to safeguard witnesses who might be to blame. Under the influence of Lord Justice Salmon, the vital concern about systems and services allotted to social problems was relegated to the identification of individual blameworthiness. The book explains why the last inquiry under that system, into the events of ‘Bloody Sunday’ under Lord Saville’s chairmanship, cost £200 million and took twelve and a half years (instead of two years). ‘Never again’, was the Government’s muted cry as the method of investigating the public concern was eventually replaced by the Inquiries Act 2005, by common consent a good piece of legislation. The overriding principle of fairness to witnesses was confirmed by Parliament to those who are ‘core participants’ to the event, but with limited rights to participate. The public inquiry, the author asserts, is now publicly administered as a Commission of Inquiry, and is correctly regarded as a branch of public administration that focuses on the systemic question of what went wrong, as opposed to which individuals were to blame.
Louis Blom-Cooper QC was a barrister at Doughty Street Chambers, and has over 30 years experience in public inquiries.
April 2017     9781509906789     176pp     Hardback     RSP: $54
Please click here for more information about this title and to order onlineThe Lawyers Who Made AmericaFrom Jamestown to the White HouseAnthony Arlidge QC
No other nation’s creation, both politically and socially, owes such a debt to lawyers as the United States of America.  This book traces the story of that creation through the human lives of those who played important parts in it: amongst others, of English lawyers who established the form of the original colonies; of the Founding Fathers, who declared independence and created a Constitution; of Abraham Lincoln, Woodrow Wilson, Justices of the Supreme Court and finally Barack Obama.  Even Richard Nixon features, if only as a reminder that even the President is subject to the law.  The author combines his wide legal experience and engaging writing style to produce a book that will enthral lawyers and laymen alike, giving perhaps a timely reminder of the importance of the rule of law to American democracy.
Anthony Arlidge has been a Queen’s Counsel for over thirty five years, appearing in many high profile cases.  He has submitted written amicus briefs to the Supreme Court of the United States and the Santa Monica Court of Appeals.  A lifelong interest in legal history led him to co-author ‘Magna Carta Uncovered’ in 2014 and in turn to the present work, which demonstrates, amongst other things, the influence of the British definitions of liberty on the American Constitution.
April 2017     9781509906369     232pp     Hardback     RSP: $34

Please click here for more information about this title and to order online
Catégories: Comparative Law News

BOOK: "L'eterno ritorno del Droit des gens di Emer de Vattel (secc. XVIII-XIX). L'impatto sulla cultura giuridica in prospettiva globale" by Elisabetta Fiocchi Malaspina (May, 2017)

Elisabetta Fiocchi Malaspina, L'eterno ritorno del Droit des gens di Emer de Vattel (secc. XVIII-XIX), May 2017
Global Perspectives on Legal History 8
With “L'eterno ritorno del Droit des gens di Emer de Vattel (secc. XVIII-XIX)” by Elisabetta Fiocchi Malaspina, the Max Planck Institute for European Legal History presents the newest publication in its book series "Global Perspectives on Legal History".
Global Perspectives on Legal History is a book series edited and published by the Max Planck Institute for European Legal History, Frankfurt am Main, Germany.As its title suggests, the series is designed to advance the scholarly research of legal historians worldwide who seek to transcend the established boundaries of national legal scholarship that typically sets the focus on a single, dominant modus of normativity and law. The series aims to privilege studies dedicated to reconstructing the historical evolution of normativity from a global perspective.It includes monographs, editions of sources, and collaborative works. All titles in the series are available both as premium print-on-demand and in the open-access format.More information on the series and forthcoming volumes:
Prof. Dr. iur. Elisabetta Fiocchi Malaspina is Assistant Professor at the University of Zurich
L'eterno ritorno del Droit des gens di Emer de Vattel (secc. XVIII-XIX)L'impatto sulla cultura giuridica in prospettiva globaleGlobal Perspectives on Legal History 8Frankfurt am Main: Max Planck Institute for European Legal History 2017. 364 p., € 17,69 DISBN: 978-3-944773-07-0Open Access Online Edition:

The numerous editions and early translations produced throughout the eighteenth century enabled the broad dissemination of Emer de Vattel’s juridical-political work Droit des gens. This book investigates the global impact of the Droit des gens with regard to the different political realities, the historical and legal contexts as well as the attempts, mechanisms and strategies used to put these ideas into practice and establish new doctrine between the eighteenth and nineteenth centuries.
The Droit des genshad an extremely diverse impact, owing to its varied reception in different political situations, historical and legal contexts, and attempts at practical and theoretical implementation. The fact that Vattel’s book was a point of reference for a considerable number of jurists and politicians further demonstrates its authority in the eighteenth and nineteenth centuries.The question naturally arises whether the continuous references to the work may be regarded as «typical citations of style», simply confined to referencing Vattel’s thought, or whether they are a clear sign of a deeper significance; one springing directly from the characteristics of the Droit des gens, with its capacity to organise and regulate the State in its domestic and international relations.The dissemination of the Droit des gens is reconstructed via a broad overview of the dynamics that actually underpinned the use of the treatise, ranging from its influence on political power in domestic and foreign affairs to its use as a guidebook for diplomats and consuls, and even its use as a teaching manual.Co-existing in Vattel’s work are several topics—the legislative, the political and the social—which are developed independently of one another, yet are part of one unified framework. The book aims to bring together a study of the first publication in 1758 of Vattel’s Droit des gens, its constant interaction with subsequent editions, translations and annotated versions carried out by jurists in the 19thcentury its critical reception (both positive and negative) in relation to the more complex legislative contexts.The publishing history of the Droit des gens will be accompanied by the methodological aspect—closely bound to the need to write a global legal history—in which translation, in the broader sense of the term, plays a key role. Concepts of fashion and modernity are examined within the context of the practical and theoretical legal entanglements of the eighteenth and nineteenth centuries, thanks to the voices of distinguished jurists and politicians who made use of the Droit des gens and who translated and annotated it, thereby encouraging the assimilation—not always unadulterated—of Vattel’s thinking.

Catégories: Comparative Law News

CONFERENCE & CFP: "Justice and judicial process. Evolution and development in the History of the law" (Murcia, November 29-30-December 1, 2017)

WHAT Justice and judicial process. Evolution and development in the History of the law, Conference & Call for papers
WHEN November 29-30-December 1, 2017
WHERE Murcia, Spain
Deadline for proposal is  September 15th, 2017, by e-mail to catedrainocencio@gmail.comEach participant will have 20 minutes to give his communication. Presentations can be given in Spanish, English, French, Italian, German or Portuguese.The following publication of the works presented to the Congress will be subject to a blind refereeing process and to the editorial norms of the Vergentis (
Catégories: Comparative Law News

BOOK: "The History of Law in Europe" by Bart Wauters and Marco de Benito (April, 2017)

Bart Wauters, Marco de Benito, The History of Law in Europe
all information here

Comprehensive and accessible, this book offers a concise synthesis of the evolution of the law in Western Europe, from ancient Rome to the beginning of the twentieth century. It situates law in the wider framework of Europe’s political, economic, social and cultural developments.
Catégories: Comparative Law News


(image source: Collège de France)
Prof. dr. dr. Alain A. Wijffels (KUL/UCL/Leiden/Lille II-CNRS) obtained the prestigious European Chair of the Collège de France for the academic year 2016-2017.

His inaugural lecture "Le droit européen a-t-il une histoire ? En a-t-il besoin ?" can be watched here.

A special section of the Collège de France's website is dedicated to the series of free public courses prof. Wijffels delivers. The first course (27 April; Métamorphoses du pouvoir : des droits savants médiévaux aux droits communs des Temps Modernes, la privatisation d'un système de gouvernance publique) can already be watched and listened to.

On 12 May, Prof. Wijffels organizes a colloquium on the comparative history of law, featuring several distinguished legal historians.

The final lecture (Pour une culture juridique européenne) will be held on 29 June.

Prof. Wijffels' appointment was echoed in mainstream media as well. A 30 minute-broadcast on France Inter ("La Marche de l'histoire") can be found here.
Catégories: Comparative Law News