Comparative Law News

BOOK: Kate GILBERT and Stephen D. WHITE, Eds., Emotion, Violence, Vengeance and Law in the Middle Ages: Essays in Honour of William Ian Miller (Leiden-New York: Brill, 2018), ISBN 978-90-04-34272-9, €99.00


(Source: Brill)
Brill has just published a Festschrift for American scholar William Ian Miller, which contains several legal-historical contributions on European Medieval legal history.
ABOUT THE BOOK
Contributions to this Festschrift for the renowned American legal and literary scholar William Ian Miller reflect the extraordinary intellectual range of the honorand, who is equally at home discussing legal history, Icelandic sagas, English literature, anger and violence, and contemporary popular culture. Professor Miller's colleagues and former students, including distinguished academic lawyers, historians, and literary scholars from the United States, Canada, and Europe, break important new ground by bringing little-known sources to a wider audience and by shedding new light on familiar sources through innovative modes of analysis.
Contributors are Stuart Airlie, Theodore M. Andersson, Nora Bartlett, Robert Bartlett, Jordan Corrente Beck, Carol J. Clover, Lauren DesRosiers, William Eves, John Hudson, Elizabeth Papp Kamali, Kimberley-Joy Knight, Simon MacLean, M.W. McHaffie, Eva Miller, Hans Jacob Orning, Jamie Page, Susanne Pohl-Zucker, Amanda Strick, Helle Vogt, Mark D. West, and Stephen D. White.
ABOUT THE EDITORS
Kate Gilbert, M.Litt. (2010), University of St Andrews, is an independent scholar and freelance editor. Her published work includes Life in a Hampshire Village: The History of Ashley (1992) and, as associate author, The Bayeux Tapestry and its Contexts (2014).
Stephen D. White, Ph.D. (1972), Harvard University, is Candler Professor of Medieval History Emeritus, Emory University. His books include Re-Thinking Kinship and Feudalism in Early Medieval Europe (2005) and Feuding and Peacemaking in Eleventh-Century France (2005).
TABLE OF CONTENTS
Front MatterCopyright pageAcknowledgmentsList of IllustrationsNotes on ContributorsList of AbbreviationsIntroduction: In Search of Miller By: Stephen D. White Pages: 1–15Bill the Boundless By: Jordan Corrente Beck Pages: 16–18Miller(ed) in St Andrews By: Kimberley-Joy Knight and John Hudson Pages: 19–21Emotion, Violence, Vengeance, and Law in Medieval Historical SourcesHot Anger and Just Indignation: Justificatory Strategies in Early Modern German Homicide Trials By: Susanne Pohl-Zucker Pages: 25–48Trial by Ordeal by Jury in Medieval England, or Saints and Sinners in Literature and Law By: Elizabeth Papp Kamali Pages: 49–79Threats and Intimidation in Anglo-Norman Legal Disputes By: William Eves Pages: 80–102Courts and Rule-Making in Eleventh-Century Western France By: M. W. McHaffie Pages: 103–129Standing up in Court: Gender and Genitalia in Fourteenth-Century Zurich By: Jamie Page Pages: 130–155How To Be Remembered: Securing the Memoria of a Slain Person in Medieval Denmark By: Helle Vogt Pages: 156–171 Emotion, Violence, Vengeance, and Law in Medieval Literary Sources Telling Evidence in Njáls saga By: Carol J. Clover Pages: 175–188Widening Horizons in Njáls saga By: Theodore M. Andersson Pages: 189–201Feud in the State: The Conflict between Haakon Haakonsson and Skule Baardsson By: Hans Jacob Orning Pages: 202–224‘Waltharius’: Treasure, Revenge and Kingship in the Ottonian Wild West By: Simon MacLean Pages: 225–251Comparative PerspectivesBraveheart and Sexual Revenge By: Robert Bartlett Pages: 255–270Stringer’s Saga: Njal and The Wire By: John Hudson and Mark D. West Pages: 271–295‘An Overdeveloped Sense of Vengeance’? The Middle Ages, Vengeance and Movies By: Stuart Airlie Pages: 296–314Getting a Head in the Neo-Assyrian Empire: Narratives of Enemy Decapitation in Ashurbanipal’s Sources By: Eva Miller Pages: 315–343Epilogue: Silence as a Weapon of Self-Defence in Sense and Sensibility By: Nora Bartlett Pages: 344–350Back MatterBibliography of Books and Scholarly Articles by William I. MillerIndex
More information with the publisher
Categories: Comparative Law News

CALL FOR PAPERS: Brazilian Journal of International Law – Special Issue 2018.3 “History of International Law” (DEADLINE 30 SEPTEMBER 2018)


(Source: Brazilian Journal of International Law)
The Brazilian Journal of International Law has a Call for Papers for a special issue on the history of international law.

SPECIAL ISSUE 2018.3

HISTORY OF INTERNATIONAL LAW

The Brazilian Journal of International Law (RDI) invites submissions for a special issue on History of International Law. The issue will be edited by Professors Arthur Giannattasio (Universidade Presbiteriana Mackenzie, São Paulo), Olivier Descamps (Université Panthéon-Assas, Paris), Suleiman Mourad (Smith College, Northampton) and Mohammed Hocine Benkheira (École Pratique des Hautes Études, Paris).

Submissions on all aspects concerning the History of International Law are welcome. The following themes can be considered as general guidelines for submissions:

1. History of International Law beyond Facts and Norms: A methodological or an epistemological approach?
2. The Role of History for Critical Analysis of International Law
3. International law and its practice in historical perspective in Brazil
4. International Law and its Histories: Dealing with Eurocentrism
5. Histories of empire, colonialism, slavery, intervention and international law
6. The Role of Religions in International Law History
7. Contributions of Islamic Law to Medieval, Modern and Contemporary International Legal Orders
8. Muslim countries between Islamic Law, National Law and International Law
9. The intertwinement between European, Islamic and Chinese international legal traditions and its impact for the development of International Law in History
10. Excluded Scholarship in International Law: Unravelling the Contributions from Unknown Female and Male International Legal Scholars
11. International Law and its Myths: lex mercatoria and medieval lex mercatoria, war and peace, international economic law, international human rights law, international criminal law, international environmental law, international humanitarian law, among others
12. Globalization and its aftermath on International Law (histories of fragmentation, constitutionalism and regionalism)
13. Patrimonial situation and Personal situation

THE JOURNAL

The Brazilian Journal of International Law is a double-blind peer-reviewed journal which publishes academic papers related to issues addressed by public and private international law. Ranked by the Brazilian National Counsel of Technological and Scientific Development as Qualis A1 in Law, RDI is becoming an important academic asset in the quest for development and construction of critical views about international law.

SUBMISSION PROCESS
Manuscripts may be submitted in English, French, Portuguese, or Spanish. Articles in English are strongly recommended. Manuscript revisions will be in the language of submission. Non-native speakers are strongly encouraged to have their paper read by a native speaker. The Journal will reject articles if the level of chosen language is insufficient. 
It adopts a double-blind peer-review policy. The response from the first review will normally be provided within 30 days from the submission. Authors are expected to correct and return proofs of accepted articles within 10 days.
Authors should preferably hold a PhD and/or have a strong professional/academic background in International Law and History of International Law at the time of submission. The editors will reject manuscripts before review if they are not suitable for the journal, e.g. because of inadequate or imprecise analytical development, inconsistent formatting or non-compliance with our submission guidelines, and poor writing style (this list is not exhaustive).
Deadline for final version: 30 September 2018.
COPYRIGHT

All content published by the Journal, except where identified, is licensed under a Creative Commons attribution-type BY-NC. This will ensure the widest dissemination and protection against copyright infringement of articles. The “article” is defined as comprising the final, definitive, and citable Version of Scholarly Record, and includes: (a) the accepted manuscript in its final and revised form, including the text, abstract, and all accompanying tables, illustrations, data; and (b) any supplemental material. 
As an author, you are required to secure permission to reproduce any proprietary text, illustration, table, or other material, including data, audio, video, film stills, and screenshots, and any supplemental material you propose to submit. This applies to direct reproduction as well as “derivative reproduction” (where you have created a new figure or table that derives substantially from a copyrighted source). The reproduction of short extracts of text, excluding poetry and song lyrics, for the purposes of criticism may be possible without formal permission on the basis that the quotation is reproduced accurately and full attribution is given.
MANUSCRIPT STRUCTURE
Complete guidelines for preparing and submitting your manuscript to this journal are provided below.
The Journal considers all manuscripts on the strict condition that they have not been submitted elsewhere, that they have not been published already, nor are they under consideration for publication or in press elsewhere. Contributions must report original research and will be subjected to review by referees at the discretion of the Editorial Committee. 
GENERAL GUIDELINES
· Manuscripts should be written in Times New Roman, size 12, space between lines 1.5 throughout the manuscript (including all quotations, endnotes and references).
· Pages should be numbered consecutively.
· Notes should be listed consecutively at the end of the article (endnotes), and clearly marked in the text at the point of punctuation by superior numbers. Endnotes should be used for clarification purposes only.
· Manuscripts must be submitted in Word format (.doc). PDF files will not be accepted.
· All the authors of a paper must attach their short curriculum vitae (CV), which must consist of a single one paragraph-text of 100-120 words in length, each. This is to be done online during the submission process.
· The affiliations of all named co-authors should be the affiliation where the research was conducted. If any of the named co-authors moves affiliation during the peer review process, the new affiliation can be given as a footnote. Please note that no changes to affiliation can be made after the article is accepted.
· All manuscripts submitted should be free from jargon and be written as clearly and concisely as possible. Non-discriminatory language is mandatory. Sexist or racist terms must not be used.
· All submissions should be made online via http://www.publicacoesacademicas.uniceub.br/index.php/rdi/user/register 
FORMAT
Articles should be based on original research and develop an original argument falling within the scope of the journal. The articles are subjected to a blind-peer review and must include:
· Title
· Abstract of up to 200 words
· 5-7 keywords
· Main text
· References (at the end of the article)
· Footnotes
· Acknowledgements (if appropriate)
· Table(s) and Figure(s) with caption(s) (on individual files) (if appropriate)
FURTHER INFORMATION 

For questions regarding the content of this special issue, please contact:

Professor Dr. Nitish Monebhurrun — Editor of the Brazilian Journal of International law
nitish.monebhurrun@gmail.com

Professor Dr. Arthur Giannattasio – Guest Editor
1147031@mackenzie.br

Professor Dr. Olivier Descamps - Guest Editor
Olivier.Descamps@u-paris2.fr

Professor Dr. Suleiman Mourad - Guest Editor
smourad@smith.edu

Professor Dr. Mohammed Hocine Benkheira – Guest Editor
hocine.benkheira@ephe.sorbonne.fr
ISSN 2236-997X (impresso) - ISSN 2237-1036 (on-line)
More information on the journal website
Categories: Comparative Law News

CONFERENCE: Jhering Global: International Symposium on the occasion of Rudolf von Jhering’s 200th birthday (Hanover: 6-7 SEP 2018)

(image source: Wikimedia Commons)
On 6 and 7 September 2018, the international symposium Jhering Global will be held in Hanover (Germany), marking the 200th anniversary of Rudolf von Jhering’s birth in 1818. It is organized by Professors Inge Kroppenberg (Georg August University Göttingen) and Stephan Meder (Leibniz University Hanover).

Jhering Global’s main intention is the development of a broad research perspective, both international and interdisciplinary, on the scientific work of Rudolf von Jhering (1818-1892). There is hardly a legal scholar whose work would be more suitable for this kind of research proposal than Jhering, whose impact on the fields of jurisprudence and social sciences was so lasting and fruitful and whose works are still being translated into many languages, even today.

Jhering Global’s purpose is twofold. Firstly, it will aim to explore the trajectories of Jhering's scientific ideas over the course of the past 150 years across Europe, the Americas and Asia. In order to achieve this, it calls on eminent legal scholars from several continents to present their perspectives on Jhering's work, and to bring different modes of reception to the table for discussion with scholars from Germany, Jhering’s native country. Thus, the conference will make a major contribution to exploring the history of the global transfer of juristic ideas from the 19th to the 21st centuries.

Secondly, Jhering Global will take an interdisciplinary approach. Since Jhering's work did not only cross geographical borders but also transcended the boundaries between scientific disciplines, the symposium will examine its impact on the establishment and development of social and political sciences since the late 19th century. Here, Jhering’s numerous allusions and references to the natural sciences, especially chemistry, will play a crucial role.
Conference program after the jump
Thursday, 6 September, 2018

    9.00 a.m. – Opening of the conference, welcoming address
    9.30 a.m. – Michael Kunze (Hamburg): Keynote lecture: Rudolf von Jhering - Leben und Werkgeschichte
    10.30 a.m. – Coffee break
    11.00 a.m. – Tomasz Giaro (Warschau): Jhering and Politics
    12.00 p.m. – Mittagessen/lunch
    14.00 p.m. – David Rabban (Austin, Tx.): Jhering‘s Influence on American Legal Thought
    15.15 Uhr – Luis Lloredo Alix (Temuco/Chile): Durch Europa, aber über Europa hinaus: Die Rezeption Jherings in Spanien und Lateinamerika
    16.15 Uhr – Kaffeepause/coffee break
    16.45 Uhr – Marcos Maliska (Curitiba/Brasilien): Die Rezeption Jherings in Brasilien: Tobias Barreto und die „Recife Schule“

Freitag/Friday, 7.9.2018

    9.30 Uhr – András Földi (Budapest): Jhering-Rezeption in Ungarn
    10.30 Uhr – Kaffeepause/coffee break
    11.00 Uhr – Anton Rudokvas (St. Petersburg): Jhering‘s Influence on Russian Legal Thought
    12.15 Uhr – Mittagessen/lunch
    14.15 Uhr – Olivier Jouanjan (Paris 2): Un intérêt juridiquement protégé: Zur französischen Rezeption von Jherings Begriff des subjektiven Rechts um 1900
    15.15 Uhr – Kaffeepause/coffee break
    15.45 Uhr – Francesca Lamberti (Lecce): Die Rezeption von Jherings historischer Methode im Hinblick auf die italienischen Studien zur altrömischen Familie um die Wende vom 19. zum 20. Jahrhundert
    16.45 Uhr – Christoph-Eric Mecke (Hannover): Jherings Rechtsdenken im Kontext der zeitgenössischen Natur- und Sozialwissenschaften

(source: Legal History Blog)
Categories: Comparative Law News

BOOK: David M. HIGGINS, Brands, Geographic Origin, and the Global Economy : A History from the Nineteenth Century to the Present (Cambridge: Cambridge University Press, 2018). ISBN 9781107032675, £ 90.00


(Source: Cambridge University Press)
Cambridge University Press has published a book on the history of national and international laws protecting geographical origins.
ABOUT THE BOOK
Indications of geographic origin for foodstuffs and manufactures have become an important source of brand value since the beginnings of globalization during the late nineteenth century. In this work, David M. Higgins explores the early nineteenth-century business campaigns to secure national and international protection of geographic brands. He shows how these efforts culminated in the introduction of legal protocols which protect such brands, including, 'Champagne', 'Sheffield', 'Swiss made' watches and 'Made in the USA'. Higgins explores the major themes surrounding these indications, tying in the history of global marketing and the relevant laws on intellectual property. He also questions the effectiveness of European Union policy to promote 'regional' and 'local' foods and why such initiatives brought the EU in conflict with North America, especially the US He extends the study with a reflection on contemporary issues affecting globalization, intellectual property, less developed countries, and supply chains.
ABOUT THE AUTHOR
David M. Higgins, Newcastle UniversityDavid M. Higgins is a Professor of Accounting and Finance at Newcastle University Business School.
TABLE OF CONTENTS
1. Geographic origin in the global economy2. Firms, indications of geographic origin in the first global economy3. Country of origin and agricultural trade during the nineteenth century4. Cooperation, country of origin, and agricultural trade during the interwar period5. 'Unfair competition' and the British Merchandise Marks Act, 19266. From Paris to London: the international legal framework for the protection of IGOs, c.1880–19457. The evolving international framework for the protection of IGOs after 19458. EU Policy on geographical indications: ambitious, but misguided?9. 'Made in' and 'Country of Origin' in the post-1945 period10. Reflections on the history of IGOs.
More information with the publisher
Categories: Comparative Law News

BOOK: Betina KUZMAROV, Unilateral Acts - A History of a Legal Doctrine (London: Routledge, 2018). ISBN 9781138060180, £115.00


(Source: Routledge)
Routledge has just published a book on the history of the doctrine of unilateral acts in international law.
ABOUT THE BOOK
We are in a moment where peoples and states are interested, directly or indirectly, in asserting their "national interest," unilaterally if necessary. In the White House, the national security policy is premised on "America First," while Catalans and Iraqi Kurds have taken steps to unilaterally declare their independence. All of these actions have generated tension both domestically and internationally. However, even though the potential for unilateral action has been receiving a lot of attention, the larger issue of the legality of unilateral acts is often hard to discern. This book provides a history of the doctrine of unilateral acts in international law, tracing their treatment in the international sphere from consent based acts, to obligations erga omnes, to acts of estoppel.
Through chapter-by-chapter case studies, this book traces the "legalization" of the category of unilateral acts from its 19th Century foundations into a broad category of obligation. To understand why and how this occurred, this book examines the history of the legal doctrine of unilateral acts, which shows that in spite of efforts to progressively make unilateral acts "legal" they are still not precisely defined or easy to apply, challenging the very commitment these acts are meant to establish.
ABOUT THE AUTHOR
Betina Appel Kuzmarov is an Assistant Professor in the Department of Law and Legal Studies and Associate Dean (Students and Enrolment) in the Faculty of Public Affairs at Carleton University, Ottawa, Ontario, Canada (Currently on Leave)
TABLE OF CONTENTS
1 PREFACE2 Acknowledgements3 Chapter One: INTRODUCTION1.1 What is a Unilateral Act?1.2 Unilateral Acts and the History of International Law1.3 Unilateral Acts in the Nineteenth Century1.4 The Aims and Structure of this Book4 Chapter Two: UNILATERAL ACTS AS CONSENT BASED AGREEMENTS2.1 The Monroe Doctrine: A Doctrine of Non-Intervention by A Great Power2.2 The Monroe Doctrine: From Political Act to Special Law2.3 Conclusion5 Chapter Three: UNILATERAL ACTS AS OBLIGATIONS ERGA OMNES3.1 The Nuclear Tests Cases and Acts Erga Omnes3.2 Obligations Erga Omnes3.3 The Problem With Identifying Unilateral Acts That Were Obligations Erga Omnes3.3.1 Intention3.3.2 Autonomy3.3.3 Revocation3.4 Unilateral Acts as Unilateral Acts Erga Omnes Since the Nuclear Tests Cases3.5 Unilateral Act as Obligation Erga Omnes: The Creation of a Universal Obligation3.6 Conclusion6 Chapter Four: UNILATERAL ACTS AS ESTOPPELS4.1 Estoppels4.1.1 Substantive Estoppel4.1.2 Estoppels as a Bar to Proceeding before the ICJ4.2 Unilateral Acts and Estoppel4.3 Estoppels and Good Faith4.4 Conclusion7 Chapter Five: UNILATERAL ACTS AND THE PROGRESSIVE DEVELOPMENT OF INTENRATIONAL LAW5.1 The ILC and Unilateral Acts5.2 Intention5.3 Autonomy5.4 Revocation5.5 The ILC, Unilateral Acts, and Sovereignty and Universality5.6 Conclusion8 Chapter Six: UNILATERAL ACTS, POLITICS AND INTERNATIONAL LAW6.1 The Unilateral Declaration of Independence of Kosovo6.2 Legalization and Kosovo’s Unilateral Declaration of Independence6.3 Conclusion9 Chapter Seven: CONCLUSION10 Bibliography11 Index
More information with the publisher
Categories: Comparative Law News

CALL FOR PAPERS: International Conference: 'Risk and the Insurance Business in History' - Session 5: New Approaches to the History of Insurance Law (Seville, 11-14 June 2019) (Deadline 30 June 2018).



(Source: Risk and the Insurance Business)
Please hereby find a reminder for the Call for Papers for the session 'New Approaches to the History of Insurance Law' at the international conference 'Risk and the Insurance Business in History'. The deadline for proposals is June 30th.
CALL FOR PAPERS: Risk and the Insurance Business in History - An International Conference, Seville 2019The International Conference on Risk and the Insurance Business in History will be held in June 11th to 14th 2019 on the historic city of Seville.
The Scientific Committee has accepted a set of 23 parallel sessions to shape the program of the conference (please see the complete list in the attached files).
Now we are opening the call for participation in these sessions. Please feel free to consider the most suitable session for your paper. Proposals should include names and affiliations of the author/s; title and abstract. Please note that session organisers have the final decision to accept paper proposals for their sessions. Session organisers are requested to forward to the conference organisers any proposals for papers that they cannot include in their session, so that the conference organisers, with the assistance of the Scientific Committee, have an opportunity of placing the papers elsewhere in the conference if that proves possible. The definite list of accepted papers will be announced in September 30th 2018.
Proposals of sessions should be directed to the organiser/s of the session, with copy to the conference mail  insurance.international.conference@unia.es
The deadline to send paper proposals is June 30th 2018.
S5. New Approaches to the History of Insurance Law
Organiser: Phillip Hellwege (Universität Augsburg)
phillip.hellwege@jura.uni-augsburg.de
Modern scholars of insurance law refer to insurance as a legal product. In a contract of sale, for example, the parties exchange goods against money. By contrast, in an insurance transaction the parties exchange money against money: the insurer receives the premiums from the policy holder and in turn promises to pay the insured sum when a certain risk eventuates. The right of the insured to the insured sum is determined in the contract, a legal document, and the boundaries of what the parties can agree upon are set by the law. Against this background, it comes as a surprise that research in the history of insurance has been dominated by economic historians and that within the domain of legal history the history of insurance law has hitherto played only a marginal role. And were research into the history of insurance law exists it is (as traditional research in legal history tends to be) confined to the boundaries of a given jurisdiction. As a consequence, different national  narratives  have  developed. The development  of  such national narratives  is  highly problematic. Only recently, legal historians have rediscovered the field of the history of insurance law as a field of study. However, research into the history of insurance law faces a number of challenges. (1) It is an interdisciplinary field of study. Without a firm knowledge of the history of the socio-economic background and without a thorough understanding of insurance markets an analysis of legal questions is impossible. (2) Nevertheless, legal historians have to define their research object independently of other disciplines. Lawyers of all times tend to transpose known solutions to new problems. For the understanding where legal rules in insurance law originated from, legal historians, thus, have to look beyond the sphere of insurance. (3) Finally, insurance practice often has not left any traces in the legal discourse, in legislation or in the case law. And where it has legal historians do not always appreciate that insurance practice may have followed different paths.
The session will have four presentations of 20 minutes each, followed by a discussion. The Organiser invites submissions which challenge, and go beyond, the traditional narratives of insurance legal history without restricting them to any specific field or time frame. Submissions related to, for example, marine insurance, fire insurance, life insurance, guild welfare or state run insurance schemes, to name just some, and covering any legal question will be considered.
For more information, please see the conference website
Categories: Comparative Law News

BOOK : Miguel Ángel CHAMOCHO CANTUDO and Tiphaine LE YONCOURT, eds., La naissance de la justice administrative locale des conseils de préfecture français aux conseils de province espagnols (Rennes: Presses Universitaires de Rennes, 2018). ISBN 978-2...


(Source: Presses Universitaires de Rennes)
Presses Universitaires de Rennes has just published a new book on local administrative judicial organs in France, Spain and Italy in the 19thcentury.
ABOUT THE BOOK
Produit d’une collaboration entre historiens du droit, historiens, administrativistes et politologues espagnols, italiens et français, cet ouvrage étudie les conseils locaux instaurés dans ces pays dans la première moitié du XIXe siècle pour juger les contentieux administratifs. Il replace les conseils de préfecture dans une histoire longue, étudie les débats doctrinaux que leurs installations, leurs réussites et échecs ont fait naître dans chaque pays et les évolutions législatives différentes qu’ils y ont connues. Il observe enfin leurs rôles, pratiques institutionnelles et politiques propres afin de les replacer dans l’histoire de leurs systèmes administratifs respectifs.
ABOUT THE EDITORS
Miguel Ángel Chamocho Cantudo est professeur d’histoire du droit à l’université de Jaèn, Espagne, et membre de l’IODE (UMR CNRS 6262). Auteur de nombreuses publications et ouvrages sur l’histoire du droit espagnol, il s’est spécialisé ces dernières années dans l’étude des institutions et du droit comparés entre la France et l’Espagne.
Tiphaine Le Yoncourt est maître de conférences en histoire du droit à l’université de Rennes 1 et membre de l’IODE (UMR CNRS 6262). Spécialisée dans l’étude de l’histoire de l’administration française et de son droit, elle a notamment publié avec Grégoire Bigot, L’administration française. Politique, droit et société. 1870-1944, Paris, LexisNexis, 2014 et L’idée de fonds juridique commun dans l’Europe du XIXe siècle, Rennes, PUR, 2014 avec Anthony Mergey et Sylvain Soleil.
The Table of Contents can be found here
More information with the publisher  

Categories: Comparative Law News

BOOK: Timothy KEARLEY, Lost in Translations : Roman Law Scholarship and Translation in Early Twentieth-Century America [Legal History Series] (Durham: Carolina Academic Press, 2018). ISBN 978-1-5310-0722-5, $40.00


(Source: Carolina Academic Press)
Carolina Academic Press has published a new book dealing with several American Roman law scholars who worked in the early 20th century.
ABOUT
Earlier generations of Americans were connected to the classical past—to ancient Greece and Rome—to an extent we find hard to understand today. The Founders’ training in Latin and ancient history led them to model their new nation after the Roman Republic, and most educated Americans had broadly similar skills and knowledge until the early twentieth century.  Lost in Translations describes how this connection helped inspire men who were educated in the late 1800s to dedicate much of their lives to translating fundamental documents of Western Civilization—such as Justinian’s Code—and to write extensively about Roman law. This book addresses the history of American education (including legal education), as well as the function of Roman law among the elite bar. The book also uses correspondence and other previously unpublished information to humanize such major figures as Roscoe Pound.
Lost in Translations focuses on five Roman law scholars (all but one of whom were trained as lawyers) who worked early in the twentieth century: Samuel Parsons Scott (1846–1929), Charles Sumner Lobingier (1866–1956), Charles Phineas Sherman (1874–1962), Fred H. Blume (1875–1971), and Clyde Pharr (1883–1972). Among them, they produced the first English translations of the Codex Theodosianus and Justinian’s entire Corpus Juris Civilis, as well as other ancient Roman laws. This book describes their heroic and often solitary labor, some of which they did not see come to fruition in their own lifetimes. It should be of interest to historians, lawyers, educators, and classicists.
This book is part of the Legal History Series, edited by H. Jefferson Powell, Duke University School of Law.
For an overview of the book by the author, see here
More information to be found on the publisher’s website  
Categories: Comparative Law News

WORKSHOP: Business and the Law. Historical Perspectives on Legal Change (21-23 June 2018, Universität Bayreuth)


(Source: H/Soz/Kult)
Please find below information regarding the workshop “Business and the Law. Historical Perspectives on Legal Change”, which includes several panels with legal historical contributions.
About
Firms act in tightly regulated legal environments. Yet as new products, production processes, and economic practices emerged that environment has been constantly questioned, undermined, and rebuilt. At the same time, legal changes challenged established economic practices like the ban on child labor or new cartel laws. Our workshop, generously funded by the DFG, will address the relation of businesses and the law from a broad and subtle perspective. The aim of the workshop is to understand legal change as a change in routines that affected the ways in which businesses and courts interpreted the "rules of the game". Such a change could manifest itself in written law or lead to a fundamentally different way of interpreting it. In both cases the focus needs to be on economic and legal practices, i.e. on the question what the law meant in its historical context and how it actually affected economic actions.
The workshop focuses on theoretical work as well as empirical case studies that help to shed light on the historical transformations of legal institutions at the intersection of businesses and the law. Papers will address one of the following research questions with a focus on developments since the 19th century.
1. The Relation of Firm Behavior and the Law: Conceptual Clarifications and Historical PerspectivesWhat do we mean when we talk about "the law" and its effects on business practices? What is "legal change" and what are the possible channels through which such change can take place? To what extent did the meaning of the law change itself over time? The first section of the workshop is intended to discuss some of the underlying concepts and theories important for understanding the problem of the relationship of business behavior and the law. Such a clarification includes discussing the law as a restraining and enabling institution as well as the question of relevant actors. We assume that economists, historians, and legal scholars may have different views on what they perceive as "the law" or "legal institutions".
2. Lobbying, Legal Entrepreneurs and Legal ChangeIn which ways have firms tried to manipulate legislative and judicial power to change the legal framework? What do we know about the decision making processes inside the firms or by individual businessmen to act as "political entrepreneurs"? Is it possible to make statements about the effects of such interventions? Papers will focus on historical case studies from different time periods that shed some light on these questions.
3. Business Practices and Regulation / Business Law and Its Effects What effects had legal change, whether a new law or the removal of an old one, on firm behavior? Did firms comply with the new legal rules or did they try to undermine it, sticking to the routines they had been used to? What were the long term effects of such firm reactions on legal practice and written law? Historical case studies seem to suggest that negotiations could be very complicated with different degrees of success. Although the intentions of lawmakers could be realized to some extent, as in the case of cartel law after the Second World War, firm reactions played an important part regarding how new laws were implemented in practice. A number of different historical papers will address these issues.
4. Rule-Breaking and Business Scandals What happened to the legal environment when firms and entrepreneurs simply failed to play by the rules? History is full of such cases, including scandalous fraud schemes as well as cases in which legal rule breaking was perceived as legitimate and a result of outdated legal regulations. Yet what distinguished the criminal behavior of Bernard Madoff from the copy right infringements of Pirate Bay or Google Books if it could not have been rule-breaking per se? Why did some cases of legal rule-breaking lead to a tightening of the rules while others led to their re-interpretation or elimination? In this section case studies will discuss and explain the effects of business crime – understood broadly and independent of whether perceived as legitimate or illegitimate - on legal institutions.
Programm
June 21Welcome and Introduction (Louis Pahlow and Sebastian Teupe)Panel 1: Conceptual Clarifications (Chair: Louis Pahlow)Martha Prevezer (Queen Mary University of London): "Relationship between Firm Behaviour and the Law. Conceptual Clarifications and Historical Perspectives".Sebastian Teupe (University of Bayreuth): "Business History and the Law".Panel 2: Lobbying, Legal Entrepreneurs and Legal Change. Pt. 1. (Chair: Kim Priemel)Samuel Klebaner (University of Bordeaux): "Managing Technical Changes from the Scales of Legal Regulation. German Clean Cars against the European Pollutant Emissions Regulations in the 1980s".Harald Espeli (BI Norwegian Business School, Oslo): "Business Influence on the Late Enactment of Limited Liability Companies in Norway. The Role of Shipping Interests (1880-1916)".Brian Cheffins (University of Cambridge): "Law and the Divorcing of Ownership and Control in Corporate America".
June 22Panel 3: Lobbying, Legal Entrepreneurs and Legal Change. Pt. 2. (Chair: Sebastian Teupe)Franz Hederer (University of Frankfurt): "Lobbyists as Lawmakers? The Economic Council in Weimar Germany as an actor in economic policy".Peter Labuza (USC School of Cinematic Arts, Los Angeles): "United Arithmetic. Legal Contracts and the Financialization of Corporate Governance and Executive Labor in the Motion Picture Industry".Panel 4: Business Practices and Regulation (Chair: Robert Bernsee)Michael Buchner (Universität des Saarlandes, Saarbrücken): "Legal Change and Business Practices: The Role of Commercial Usages. Some Examples from Securities Trading in 19th Century Germany". Thomas Storrs (University of North Carolina at Greensboro): "This Will Drive Them Wild…Wild. Comptroller James Saxon’s Transformation of American Banking, 1961-1966".Panel 5: Rule-Breaking and Business Scandals (Chair: Jan-Otmar Hesse)Eva Schäffler (Institut für Zeitgeschichte, Berlin): "What Is Not Prohibited Is Allowed. Legal Loopholes in the Czech Privatization Process".Sverre Flaatten (The Norwegian Police University College): "Decriminalizing Creative Destruction in Norway. Business Scandals and the Securities Laws of the Late 19th Century".
June 23Panel 6: Business Law and Its Effects: Patents and International Law (Chair: Thomas Welskopp)Alexander Donges (University of Mannheim): "The Consequences of a Radical Patent Regime Change. A Natural Experiment".Michael Schneider (Heinrich-Heine-University Duesseldorf): "The German Chemical Industry in Transnational Perspective. Innovations and Global Patent Protection during the Early 20th Century".Nikitas E. Hatzimihail (University of Cyprus): "Companies as Border-Crossing Legal Entities".Miriam Frey (University of Bayreuth): "Which Countries Mutually Recognize Commercial Court Decisions?".
KontaktSebastian TeupeJuniorprofessur für Wirtschaftsgeschichte, Kulturwissenschaftliche FakultätUniversität Bayreuth, Universitätsstraße 30, 95447 Bayreuth
sebastian.teupe@uni-bayreuth.de
More information to be found on the website of H/Soz/Kult
Categories: Comparative Law News

BOOK: Julia STEPHENS, Governing Islam - Law, Empire and Secularism in South Asia (Cambridge: Cambridge University Press, 2018). ISBN 9781107173910, £ 62.99


(Source: Cambridge University Press)
Cambridge University Press has just published a book which looks at the relation of colonial laws to contemporary struggles between Islam and secularism.
ABOUT THE BOOK
Governing Islam traces the colonial roots of contemporary struggles between Islam and secularism in India, Pakistan, and Bangladesh. The book uncovers the paradoxical workings of colonial laws that promised to separate secular and religious spheres, but instead fostered their vexed entanglement. It shows how religious laws governing families became embroiled with secular laws governing markets, and how calls to protect religious liberties clashed with freedom of the press. By following these interactions, Stephens asks us to reconsider where law is and what it is. Her narrative weaves between state courts, Islamic fatwas on ritual performance, and intimate marital disputes to reveal how deeply law penetrates everyday life. In her hands, law also serves many masters - from British officials to Islamic jurists to aggrieved Muslim wives. The resulting study shows how the neglected field of Muslim law in South Asia is essential to understanding current crises in global secularism.Provides a historical foundation for understanding contemporary debates about Islam, law, and secularism
Combines colonial legal archives with vernacular legal sources
Explains why Islamic law has occupied such a pivotal role in global debates about the relationship between religion and the state
ABOUT THE AUTHOR
Julia Stephens, Rutgers University, New Jersey
Julia Stephens is Assistant Professor in the Department of History at Rutgers University, New Jersey. Her research and teaching span the fields of modern South Asian history, law, Islam, colonialism, and gender. Her writings have appeared in History Workshop Journal, Law and History Review, Modern Asian Studies, and the Journal of British History.
TABLE OF CONTENTS List of maps and figuresAcknowledgmentsNote on translation, transliteration, and abbreviationsIntroduction1. Forging secular legal governance2. Personal law and the problem of marital property3. Taming custom4. Ritual and the authority of reason5. Pathologizing Muslim sentiment6. Islamic economy – a forgone alternativeConclusionSelect bibliographyIndex.
More information with the publisher 
Categories: Comparative Law News

BOOK: William E. NELSON, The Common Law in Colonial America - Volume IV: Law and the Constitution on the Eve of Independence, 1735-1776 (Oxford: Oxford University Press, 2018). ISBN 9780190850487, $55.00


(Source: Oxford University Press)
Oxford University Press has just published the 4th and final volume of the “The Common Law in Colonial America” by William E. Nelson.
ABOUT THE BOOK
The eminent legal historian William E. Nelson's magisterial four-volume The Common Law in Colonial America traces how the many legal orders of Britain's thirteen North American colonies gradually evolved into one American system. Initially established on divergent political, economic, and religious grounds, the various colonial systems slowly converged until it became possible by the 1770s to imagine that all thirteen participated in a common American legal order, which diverged in its details but differed far more substantially from English common law.
This fourth and final volume begins where volume three ended. It focuses on the laws of the thirteen colonies in the mid-eighteenth century and on constitutional events leading up to the American Revolution. Nelson first examines procedural and substantive law and looks at important shifts in the law to show how the mid-eighteenth- century colonial legal system in large part functioned effectively in the interests both of Great Britain and of its thirteen colonies.
Nelson then turns to constitutional events leading to the Revolution. Here he shows how lawyers deployed ideological arguments not for their own sake, but in order to protect colonial institutional structures and the socio-economic interests of their clients. As lawyers deployed the arguments, they developed them into a constitutional theory that gave primacy to common-law constitutional rights and local self-government. In the process, the lawyers became leaders of the revolutionary movement and a dominant political force in the new United States.
ABOUT THE AUTHOR
William E. Nelson has been writing and teaching in the field of American legal history for nearly 50 years. He is the author of twelve monographs and editor of three other books. In 1961 he founded the Legal History Colloquium at NYU Law School, where nearly 100 younger scholars have held fellowships and received post-graduate training, and has presided over the Colloquium since that time.
TABLE OF CONTENTS
IntroductionChapter 1: Common Law ConstitutionalismChapter 2: Localist ConstitutionalismChapter 3: Uncontested Legal PracticesChapter 4: The Well-Functioning Empire of the Mid-Eighteenth CenturyChapter 5: Government Failure in Two ColoniesChapter 6: Weakening the Bonds of EmpireChapter 7: Testing the Bonds of EmpireChapter 8: Terminating the Ties of EmpireChapter 9: Conclusion: Legal and Constitutional Legacies
More information with the publisher
Categories: Comparative Law News

BOOK: Julia MOSES, The First Modern Risk - Workplace Accidents and the Origins of European Social States [Studies in Legal History] (Cambridge: Cambridge University Press, 2018). ISBN 9781108426503, £ 75.00


(Source: Cambridge University Press)
Cambridge University Press has just published a book on 19th century workplace accidents and their role in the early development of the social state.
ABOUT THE BOOK
During the late nineteenth century, many countries across Europe adopted national legislation that required employers to compensate workers injured or killed in accidents at work. These laws suggested that the risk of accidents was inherent to work and not due to individual negligence. By focusing on Britain, Germany, and Italy during this time, Julia Moses demonstrates how these laws reflected a major transformation in thinking about the nature of individual responsibility and social risk. The First Modern Risk illuminates the implications of this conceptual revolution for the role of the state in managing problems of everyday life, transforming understandings about both the obligations and rights of individuals. Drawing on a wide array of disciplines including law, history, and politics, Moses offers a fascinating transnational view of a pivotal moment in the evolution of the welfare state.
ABOUT THE AUTHOR
Julia Moses, University of Sheffield
Julia Moses is Senior Lecturer in Modern History at the University of Sheffield, co-founder and co-chair of the Risk, Policy and Law Research Group at Sheffield Centre for Medical Humanities, and currently Marie Curie Fellow in Sociology at the Georg-August-Universität Göttingen, Germany. Her previous publications include The Impact of Ideas on Legal Development (with Michael Lobban; 2012) and Marriage, Law and Modernity: Global Histories (2017).
TABLE OF CONTENTS
List of figuresList of tablesAcknowledgementsAbbreviationsIntroduction1. Accidents, freedom and modernity in the nineteenth century2. Occupational risk, work and the nation state3. Spreading risk, forging solidarity4. Taking risks and dismissing fate5. Workers, citizens and the state6. Risk societies as 'people's communities'ConclusionAppendixBibliographyIndex.
More information withthe publisher
Categories: Comparative Law News

BOOK: Jennifer E. ALTEHENGER, Legal Lessons: Popularizing Laws in the People’s Republic of China, 1949-1989 (Cambridge: Harvard University Press, 2018). ISBN 9780674983854, €45.00


(Source: Harvard University Press)
Harvard University Press has just published a new book on the popularisation of laws in the early years of communist rule in China.
ABOUT THE BOOK
The popularization of basic legal knowledge is an important and contested technique of state governance in China today. Its roots reach back to the early years of Chinese Communist Party rule. Legal Lessons tells the story of how the party-state attempted to mobilize ordinary citizens to learn laws during the early years of the Mao period (1949–1976) and in the decade after Mao’s death.Examining case studies such as the dissemination of the 1950 Marriage Law and successive constitutions since 1954 in Beijing and Shanghai, Jennifer Altehenger traces the dissemination of legal knowledge at different levels of state and society. Archival records, internal publications, periodicals, advice manuals, memoirs, and colorful propaganda materials reveal how official attempts to determine and promote “correct” understanding of written laws intersected with people’s interpretations and practical experiences. They also show how diverse groups—including party-state leadership, legal experts, publishers, writers, artists, and local officials, along with ordinary people—helped to define the meaning of laws in China’s socialist society. Placing mass legal education and law propaganda at the center of analysis, Legal Lessons offers a new perspective on the sociocultural and political history of law in socialist China.
ABOUT THE AUTHOR
Jennifer Altehenger is Lecturer in Contemporary Chinese History in the Department of History at King’s College London.
TABLE OF CONTENTS
AcknowledgmentsList of Illustrations*AbbreviationsIntroductionI. Preparations: 1949–19541. No Legalese, Please: Why the Dissemination of Laws Became a Problem2. Paper Trials: How the Publishing Field Adapted to Law PropagandaII. Practices: 1950–19623. What Is a Basic Spirit? The Marriage Law and the Model Legal Education Campaign4. Getting People to Abide by Law: The Constitution Draft Discussion and Its AftermathIII. Revivals: 1970–19895. Constitutional Dilemmas: Reworking Law Propaganda for a New Socialist Era6. A New Type of Five-Year Plan: Institutionalizing “Common Legal Knowledge”ConclusionNotesChinese Character ListArchival FilesBibliographyIndex
More information with the publisher
Categories: Comparative Law News

WORKSHOP: Argent et marchandises en voyage XIVe-XIXe siècle (Lille: Université Lille II/CHJ, 22 JUN 2018)

(image source: Lille II/CHJ)
The Centre d'Histoire Judiciare (Université Lille-II) organises a workshop on the theme "Argent et marchandises en voyage, XIVe-XIXe siècle".
Papers:
  • Les banques publiques dans la péninsule Ibérique et en Roussillon (XIVe-XVIe siècle) : des tentatives de mainmise sur la circulation des capitaux (Jean Charriaud, Paris II)
  • En barils plutôt que par lettre obligatoire. La circulation des capitaux anglais dans les Pays-Bas durant la campagne diplomatique et militaire d’Edouard Ier Plantagenêt contre Philippe Le Bel (1294-1298) (David Kusman, ULB)
  • La responsabilité du transporteur (XVe -XIXe siècle) (Anne Daillant, Paris Saclay)
  • La garantie sous écriture privée dans le grand commerce de la première Époque moderne : la rhétorique épistolaire face à une crise de confiance (Ilario Mosca, EPHE)
  • Spanish silver with en English accent. The Indian bullion and the Genoese brokers’ intermediation (1630-1670) (Claudio Marsilio, Lisboa)
  • L’organisation du trafic vers les Petites Antilles françaises dans la première moitié du XVIIe siècle. Aspects financiers et logistiques (Eric Roulet, Université du Littoral Côté d'Opale)
  • Les lettres de voiture dans l’ancien droit français (XVIIe-XVIIIe siècle) (Céline Drand, Strasbourg)
  • Sécuriser le voyage des marchandises sans assurances. Litiges et régulation des transports continentaux à l’époque moderne (Lyon, XVIIe -XVIIIe (Benoît Saint-Cast, Lyon-2)
  • La commission de transport : aux origines d’une qualification incertaine (Victor Simon, Reims)
  • The grains of Odessa. Reality and trade in the Ottoman Levant during modern era (Chiara Baldestein, Roma III)
  • Le voyage retour de l’argent : la notion de rechange chez les juristes de la seconde modernité (Victor Le Breton-Blond, Bordeaux)


The full programme can be downloaded here.

(source: Lille II/CHJ)
Categories: Comparative Law News

JOURNAL: American Journal of Legal History LVIII (2018), No. 2 (June)

(image source: Oxford Journals)
Contents:Defending Person and Reputation: Efforts to End Extralegal Violence in Western Virginia, 1890-1900 (Josh Howard)
Developing Privacy Rights in Nineteenth-Century Germany: A Choice between Dignity and Liberty?
(Thomas J. Snyder)
Law versus Equity—as Reflected in Lord Eldon’s Manuscripts (Michelle Johnson; James Oldham)
The Grand Jury of New Zealand in The Nineteenth Century (Greg Taylor)
Book reviews
  • Pippa Holloway, Living in Infamy: Felon Disenfranchisement and the History of American Citizenship (James M Binnall)
  • M.C. Mirow, Latin American Constitutions: The Constitution of Cádiz and its Legacy in Spanish America (Jonathan M Miller)
  • Joachim Rückert, Abschiede vom Unrecht. Zur Rechtsgeschichte nach 1945 (Beiträge zur Rechtsgeschichte des 20. Jahrhunderts) (Jean-Louis Halpérin)
  • Ferdinando Mazzarella, Un Diritto per l’Europa industriale. Cultura giuridica ed economica dalla rivoluzione francese al secondo dopoguerra (Sylvain Bloquet)
More information with the publisher.
Categories: Comparative Law News

SSRN PAPER: Mark TUSHNET, Critical Legal Studies and the Rule of Law (forthcoming in Martin LOUGHLIN & Jens MEIERHENRICH (eds.), The Cambridge Companion to the Rule of Law (Cambridge: CUP, 2018)

(image source: Wikimedia Commons)
Prof. Mark Tushnet (Harvard Law School) published "Critical Legal Studies and the Rule of Law" on SSRN. The text is part of a forthcoming Cambridge Companion to the Rule of Law (eds. Martin Loughlin and Jens Meierhenrich).

Abstract:
This brief essay, to appear in the Cambridge Companion to the Rule of Law (Marti Loughlin & Jens Meierhenrich eds.), describes what critical legal scholars said – or perhaps more accurately – would have said – about the concept of the rule of law. Describing critical legal studies as a project in American legal thought rather than analytical jurisprudence, it argues that “the rule of law” is an ideological project, and can come in various versions – liberal, social democratic, and more. It addresses Morton Horwitz’s critique of E.P. Thompson’s assertion that the rule of law is an unqualified human good, and situates the CLS critique of the rule of law within more general discussion of the rule of law by Hayek and Fuller. It concludes by applying ideology-critique to the rule of law, arguing that in whatever form it takes the rule of law contributes to a culture of justification, which may indeed be an unqualified human good.Download paper here.
Categories: Comparative Law News

BOOK: Anthony MUSSON & Nigel RAMSAY, Courts of Chivalry and Admiralty in Late Medieval Europe (London: Boydell & Brewer, 2018), 272 p. ISBN 9781783272174, 60 GBP

(image source: Boydell& Brewer)
Book abstract:
The wars waged by the English in France during the fourteenth and fifteenth centuries led to the need for judicial agencies which could deal with disputes that arose on land and sea, beyond the reach of indigenous laws. This led to the jurisdictional development of the Courts of Chivalry and Admiralty, presiding over respectively heraldic and maritime disputes. They were thus of considerable importance in the Middle Ages; but they have attracted comparatively little scholarly attention. The essays here examine their officers, proceedings and the wider cultural and political context in which they had jurisdiction and operated in later medieval Western Europe. They reveal similarities in personnel, institutions and outlook, as well as in the issues confronting rulers in territories across Europe. They also demonstrate how assertions of sovereignty and challenges to judicial competence were inextricably linked to complex political agendas; and that both military and maritime law were international in reach because they were underpinned by trans-national customs and the principles and procedures of Continental civil law. Combining law with military and maritime history, and discussing the art and material culture of chivalric disputes as well as their associated heraldry, the volume provides fresh new insights into an important area of medieval life and culture.On the editors and contributors:
Anthony Musson is Head of Research at Historic Royal Palaces; Nigel Ramsay is Honorary Senior Research Associate in the Department of History at University College London. Contributors: Andrew Ayton, Richard Barber, John Ford, Laurent Hablot, Thomas K. Heebøll-Holm, Julian Luxford, Ralph Moffat, Philip Morgan, Bertrand Schnerb, Anne F. Sutton, Lorenzo Tanzini. 
Categories: Comparative Law News

E-JOURNAL: Precedente. Revista Jurídica XII (2018): Historia del derecho en América Latina I (eds. Andrés BOTERO BERNAL & Mario Alberto CAJAS SARRIA)

(image source: ICESI)
On the journal:Precedente se propone contribuir a la construcción del debate jurídico, en este sentido, el público al que se dirige está compuesto por estudiantes, profesores e investigadores nacionales y extranjeros pertenecientes a las diferentes ramas del derecho, pero además por profesionales interesados en contar con una actualización permanente en los análisis e investigaciones contemporáneas en el campo jurídico. Precedente tiene claro que siempre habrá un público por conquistar, de manera que concentra importantes esfuerzos en las estrategias de difusión de la publicación en su soporte material y electrónico.
Contents:
  • Presentación (Andrés Botero Bernal, Mario Cajas Sarria)
  • Régimen de las moratorias en las provincias argentinas de Salta (1825) y Tucumán (1861) (Abelardo Levaggi)
  • Enseñanza de la historia del derecho centrada en el aprendizaje de los estudiantes a lo largo de 115 años de la fundación de la cátedra (Chile, 1902) (Eric Eduardo Palma, María Francisca Elgueta)
  • Tradición y cambio político en Provincia: Popayán, Nueva Granada y la redacción de la Constitución de 1814 (Adolfo León Guerrero García)
  • El primer panamericanismo: puente entre el derecho de gentes y el derecho internacional (Luis Ociel Castaño)
  • El pragmatismo jurídico de Oliver Wendell Holmes Jr. y el Derecho como Sistema Social de Niklas Luhmann: un encuentro histórico (Vagner Felipe Kühn)
  • Derecho y caricatura política: el constituyente primario de 1990 y el cambio constitucional de 1991 (Diana Paola Gil Guzmán)
More information here. All articles are in open access.
Categories: Comparative Law News

BOOK: John BAKER, The Reinvention of Magna Carta 1216-1616 (Cambridge: Cambridge University Press, 2017). ISBN 9781316637579, £ 32.99


(Source: Cambridge University Press)
Last year, Cambridge University Press published a book on the influence of Magna Charta on English public law between the 13th-17th centuries. Cambridge University Press published the paperback version of the book this month.
ABOUT THE BOOK
This new account of the influence of Magna Carta on the development of English public law is based largely on unpublished manuscripts. The story was discontinuous. Between the fourteenth and sixteenth centuries the charter was practically a spent force. Late-medieval law lectures gave no hint of its later importance, and even in the 1550s a commentary on Magna Carta by William Fleetwood was still cast in the late-medieval mould. Constitutional issues rarely surfaced in the courts. But a new impetus was given to chapter 29 in 1581 by the 'Puritan' barrister Robert Snagge, and by the speeches and tracts of his colleagues, and by 1587 it was being exploited by lawyers in a variety of contexts. Edward Coke seized on the new learning at once. He made extensive claims for chapter 29 while at the bar, linking it with habeas corpus, and then as a judge (1606–16) he deployed it with effect in challenging encroachments on the common law. The book ends in 1616 with the lectures of Francis Ashley, summarising the new learning, and (a few weeks later) Coke's dismissal for defending too vigorously the liberty of the subject under the common law.
ABOUT THE AUTHOR
Sir John Hamilton Baker is an English legal historian. He was Downing Professor of the Laws of England at the University of Cambridge from 1998 to 2011
TABLE OF CONTENTS
PrefaceThe legal character of Magna CartaChapter 29 in the fourteenth centuryMagna Carta in the inns of court 1340-1540Personal liberty and the churchRoyal prerogative and common law under Elizabeth IWilliam Fleetwood and Magna CartaThe resurgence of chapter 29 after 1580Magna Carta and the rule of law 1592-1606Sir Edward Coke and Magna Carta 1606-1615A year "consecrate to justice" 1616Myth and realityAppendices. Two Fifteenth-Century Readings on Chapter 29Actions Founded on Chapter 29 (1501-32)William Fleetwood on Chapter 29 (c. 1558)Fleetwood's Tracts on Magna Carta and on Statutes : a concordance of parallel passagesSix Elizabethan Cases (1582-1600)The Judges' resolutions on Habeas Corpus (1592)Coke's Memorandum on Chapter 29 (1604)Whetherly v. Whetherly (1605)Maunsell's Case (1607)Bulthorpe v. Ladbrook (1607).
More with the publisher
Categories: Comparative Law News

BOOK: Patrick William KELLY, Sovereign Emergencies : Latin America and the Making of Global Human Rights Politics [Human Rights in History] (Cambridge: Cambridge University Press, 2018). ISBN 9781316730225, $ 24.00


(Source: Cambridge University Press)
Cambridge University Press has just published the eBook of a new book which deals with the role of Latin America in the making of global human rights politics during the 1970s. The paperback and hardback are to be released in August 2018.
ABOUT THE BOOK
The concern over rising state violence, above all in Latin America, triggered an unprecedented turn to a global politics of human rights in the 1970s. Patrick William Kelly argues that Latin America played the most pivotal role in these sweeping changes, for it was both the target of human rights advocacy and the site of a series of significant developments for regional and global human rights politics. Drawing on case studies of Brazil, Chile, and Argentina, Kelly examines the crystallization of new understandings of sovereignty and social activism based on individual human rights. Activists and politicians articulated a new practice of human rights that blurred the borders of the nation-state to endow an individual with a set of rights protected by international law. Yet the rights revolution came at a cost: the Marxist critique of US imperialism and global capitalism was slowly supplanted by the minimalist plea not to be tortured.
- Draws on archival research and oral interviews spanning ten countries in Latin America, Europe, the United States, and Australia- Offers a highly interdisciplinary lens, drawing on political science, anthropology, law, and sociology to paint a broad historical canvas- Historicizes the birth of global human rights politics with a minimalist focus on civil and politics rights in the 1970s
ABOUT THE AUTHOR
Patrick William Kelly, Northwestern University, IllinoisPatrick William Kelly is a Postdoctoral Fellow at the Buffett Institute for Global Studies at Northwestern University. He is currently writing a global history of AIDS.
TABLE OF CONTENTS
List of figuresIntroduction1. Torture in Brazil2. The emergency in Chile3. Transnational solidarity4. Redefining sovereignty5. The origins of American human rights activism6. The global specter of Argentina's disappeared7. Argentina and the inter-American systemEpilogue: the promise and limits of the human rights cascadeIndex.
More information with the publisher
Categories: Comparative Law News

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