Comparative Law News

CALL FOR BLOGPOSTS: Online Symposium "Cultural Heritage in a Post-Colonial World - New Framings of a Global Legal Problem" - Völkerrechtsblog (DEADLINE 31 JUL 2018)

(image source: Völkerrechtsblog)The Voelkerrechtsblog is happy to announce an interdisciplinary online symposium on “Cultural Heritage in a Post-colonial World – New Framings of a Global Legal Problem”. Cultural and anthropological objects from colonized or de-facto colonized territories have arrived in Europe in great amounts since the 18th century. Many European metropoles established large collections of those artefacts and human remains to display this shared “heritage” to their people – all projects closely tied to the upcoming political nationalism of that time. Last year, the stepback of professor Bénédicte Savoy from the committee advising the founding process of the new Humboldt Forum in Berlin and the promise of French president Emanuel Macron in Ouagadougou to restitute anthropological and cultural objects taken during French colonial rule caused a wide societal debate about the colonial provenance of collections and artworks in museums. In Germany, the complaint of the Ovaherero and Nama Peoples against the German state currently pending before a US court (see for a recent post on this topic on this blog here), illustrates that the colonial histories keep on haunting the old continent and reaches public opinion. This increased public debate can be considered a significant opportunity to think about the relationship with museums’ collections and cultural property of unclear provenance in general. The advancing globalization and the rising self-confidence of the former “colonized territories” will make these issues even more pressing in the future.The aim of this symposium is to discuss the different challenges related to this ambivalent past. Up to now, the appropriation of cultural artefacts are mostly discussed in the context of Nazi-looted art. Seizures in asymmetrical and colonial contexts are just seldom a topic among international lawyers. That is why we want to ask: Which role can and should (international) law and its institutions play when dealing with such questions? We would like to encourage contributors to follow Savoy’s claim raised in her inaugural lecture at the Collège de France to reflect on legal constructions and concepts of private, public, and international law unthought of until today to address these issues. In addition, we are happy to welcome blogposts from other disciplines that open different perspectives on the topic.Therefore, we invite contributions on any of these or further questions relevant to the symposium’s theme. Contributions should be around 1000-1500 words long, and are welcome in English, French, or German. The symposium will take place in the period of August and September 2018, contributions will be received till 31 July 2018. Please send us your texts or inquiries at Völkerrechtsblog)
Categories: Comparative Law News

BOOK: Kieran DOLIN ed., Law and Literature, ed. Kieran Dolin (Cambridge: Cambridge University Press, 2018). ISBN 9781108422819, $ 110.00

(Source: Cambridge University Press)
Cambridge University Press recently published a book on “Law and Literature”, which aims to provide a multi-focused history of literary studies' critical interest in ideas of law and justice.
Law and Literature presents an authoritative, fresh and accessible new overview of the many ways in which law and literature interact. Written by a team of international experts, it provides a multi-focused history of literary studies' critical interest in ideas of law and justice. It examines the effects of law on writers and their work, ranging from classical tragedy to comics, and from East Africa to Elizabethan England. Over twenty chapters, contributors reveal the intricate and multivalent historical interactions between law and literature, both past and present, and trace the intellectual genesis of the concept of law in literary studies, focusing on major developments in the history of the interdisciplinary project of law and literature, as well as the changing ideas of law, and the cultural contests in which it has figured. Law and Literature will appeal to graduates and scholars working on the intersection between law and literature and in key related areas such as literature and human rights.
Kieran Dolin, University of Western Australia, PerthKieran Dolin is Associate Professor of English and Cultural Studies at the University of Western Australia, Perth. He is the author of Fiction and the Law (Cambridge, 1999) and A Critical Introduction to Law and Literature (Cambridge, 2007).

Introduction Kieran DolinPart I. Origins:1. The revival of legal humanism Klaus Stierstorfer2. Law meets critical theory Peter Leman3. Narrative and law Cathrine O. Frank4. Law and literature and history Christine L. KruegerPart II. Development:5. Law and literature in the ancient world Ioannis Ziogas6. The 'parallel evolutions' of medieval law and literature Stephen Yeager7. Literature and equity in early modern England Mark Fortier8. Gender, law and the birth of bourgeois civil society Cheryl Nixon9. Romanticism, Gothicism and law Bridget Marshall10. Strange cases in Victorian Britain: Browning to Wilde Kieran Dolin11. Forming the nation in nineteenth-century America Nan Goodman12. Legal modernism Rex Ferguson13. Representing lawyers in contemporary American literature: the case of O. J. Simpson Diana Shahinyan14. Law in contemporary Anglophone literature Eugene McNulty15. Narrative and legal plurality in postcolonial nations: chapter and verse from the East African Court of appeal Stephanie JonesPart III. Applications:16. Literary representations and social justice in an age of civil rights: Harper Lee's To Kill a Mockingbird Helle Porsdam17. Trauma, narrative and literary or legal justice Golnar Nabizadeh18. The regulation of authorship: literary property and the aesthetics of distance Robin Wharton19. Cases as cultural events: privacy, the Hossack Trial and Susan Glaspell's 'A Journey of her Peers' Marco Wan20. Creativity and censorship laws: lessons from the 1920s Nancy Paxton.
More information here  
Categories: Comparative Law News

ESCLH CONFERENCE: Final Speech of Gratitude by Prof. Aniceto Masferrer Domingo (Valencia)

(image: ESCLH conference participants in the interior courtyard of the École Normale Supérieure; source: Prof. Dyson; Prof. Dyson is seated, Prof. Masferrer, Prof. Macmillan and Prof. Korpiola stand in the middle)
Prof. Aniceto Masferrer Domingo has left the Presidency of the European Society for Comparative Legal History at the occasion of the Executive Board elections. The Society warmly thanks Professor Masferrer for his relentless efforts and human qualities. Professor Masferrer succeeds Prof. Modéer as Chair of the Advisory Council. At the occasion of his "rite de passage", he addressed the assembly as follows:
Let me say some sincere words of gratitude:
 Today my office as President of the ESCLH comes to an end. I have to say that I have mixed, somehow contradictory feelings:
 On the one hand, I don't have the perception of having done much throughout the last 8 years.
 But on the other I know for sure that I did my best, and I really put all my mind and, more importantly, my whole heart in promoting and consolidating the ESCLH.
 Now, I look at the Society and I see made reality what its founders envisaged and aimed when ESCLH was created on The Hague in December 2009.
 I think the Society has consolidated, has matured and is not anymore a child. It is more aware of its purpose and, therefore, of its responsibility.
Responsibility of...
' promoting legal history without neglecting the comparative approach; ' of reaching out more legal historians from all over the world ' of expanding and consolidating a network of legal historians who are willing to contribute to the development of legal systems more committed to just, free and peaceful societies; ' to support young legal historians who feel the call and want to devote themselves to the academia; etc.
 These are some of the goals I've been striving for in my presidency, and the experience has been very rewarding, because...
 ' I've had the privilege to meet and deal with great people from different countries and continents and from whom I try to learn as much as possible;
 ' I've had the privilege to cooperate with the other members of the Executive Council, those who composed the first EC and the people who compose the current Executive Council. To be honest , I have to say that they are all much better than myself, so I have no doubt that the Society is in good hands and has a great future ahead. It would take me too much time to refer to all of them, but I cannot omit to express an especial thanks to one who along with me has spent more time in the Executive Council, first as Secretary General, then as Vicepresident, and from today onwards, as president. He has supported me over the last 6 years in a very particular way. Thank you very much, Matt.
 These two factors, namely, the greatness of all the members of the Society and the high human and academic profile of the members of the Executive Council,  are what really explain the growth and the consolation of the Society. I just made a small contribution to a big enterprise that is common to all of us.
 Along these years I've never been alone, I've never worked alone, I've never felt alone. On the contrary, I've been and felt very well supported, and I dare even to say that I perceive the Society like a family in which everybody is welcome and loved not only for what they do but also for what they are. This is what I feel and what I've tried to communicate in holding the office of the presidency.
 Thank you very much!
Categories: Comparative Law News

BOOK: Henry N. BUTLER and Jonathan KLICK, eds., History of Law and Economics [Economic Approaches to Law Series] (Cheltenham: Edward Elgar Publishing, 2018). ISBN 9781786432988, £247.50

(Source: Edward Elgar Publishing)
Edward Elgar Publishing has just published an essay collection dealing with the history of the law and economics movement.
Dedicated to the late Henry G. Manne, this authoritative collection surveys the development of law and economics both as a scholarly field and as an educational program. Starting as a niche area, centered primarily at the University of Chicago, law and economics has grown to be the dominant field in US legal scholarship. The influential articles presented in this volume trace that development from the mid-20th century through to today, focusing on both the personalities who laid the groundwork for the field’s success and the intellectual debates that fueled its growth. Together with an original introduction by the editors, this collection is a valuable research tool for academics and students interested in the history of law and economics.

Introduction Henry N. Butler and Jonathan Klick

1. George L. Priest (2005), ‘The Rise of Law and Economics: A Memoir of the Early Years’, in Francesco Parisi and Charles K. Rowley (eds), The Origins of Law and Economics: Essays by the Founding Fathers, Chapter 14, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 350–82

2. Edmund W. Kitch (1983), ‘The Fire of Truth: A Remembrance of Law and Economics at Chicago, 1932–1970’, Journal of Law and Economics, XXVI (1), April, 163–234

3. Louis De Alessi (1999), ‘The John M. Olin Fellowship Program in Law and Economics’, Case Western Reserve Law Review, 50 (2), Winter, 341–6

4. Henry N. Butler (1999), ‘The Manne Programs in Economics for Federal Judges’, Case Western Reserve Law Review, 50 (2), Winter, 351–71, 376–87

5. Henry G. Manne (2005), ‘How Law and Economics was Marketed in a Hostile World: A Very Personal History’, in Francesco Parisi and Charles K. Rowley (eds), The Origins of Law and Economics: Essays by the Founding Fathers, Chapter 12, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 309–27

6. Steven G. Medema (2015), ‘From Dismal to Dominance? Law and Economics and the Values of Imperial Science, Historically Contemplated’, in Aristides N. Hatzis and Nicholas Mercuro (eds), Law and Economics: Philosophical Issues and Fundamental Questions, Chapter 5, Abingdon, UK and New York, NY, USA: Routledge, 69–88

7. Sam Peltzman (2009), ‘Aaron Director’s Influence on Antitrust Policy’, in Lloyd R. Cohen and Joshua D. Wright (eds), Pioneers of Law and Economics, Chapter 3, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 35–49

8. Steven G. Medema (2016), ‘Ronald Coase and the Legal–Economic Nexus’, in Claude Ménard and Elodie Bertrand (eds), The Elgar Companion to Ronald H. Coase, Part V, Chapter 21, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 291–304

9. Harold Demsetz (2009), ‘George J. Stigler and his Contributions to Law and Economics’, in Lloyd R. Cohen and Joshua D. Wright (eds), Pioneers of Law and Economics, Chapter 4, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 50–59

10. Richard A. Posner (1993), ‘Gary Becker’s Contributions to Law and Economics’, Journal of Legal Studies, XXII (2), June, 211–5

11. Larry E. Ribstein (2009), ‘Henry Manne: Intellectual Entrepreneur’, in Lloyd R. Cohen and Joshua D. Wright (eds), Pioneers of Law and Economics, Chapter 9, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 125–44

12. Robert D. Tollison (2009), ‘Buchanan and Tullock on Law and Economics’, in Lloyd R. Cohen and Joshua D. Wright (eds), Pioneers of Law and Economics, Chapter 8, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 115–24

13. Keith N. Hylton (2009), ‘Calabresi’s Influence on Law and Economics’, in Lloyd R. Cohen and Joshua D. Wright (eds), Pioneers of Law and Economics, Chapter 13, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 224–45

14. Thomas S. Ulen (2009), ‘Pioneers of Law and Economics: William M. Landes and Richard A. Posner’, in Lloyd R. Cohen and Joshua D. Wright (eds), Pioneers of Law and Economics, Chapter 11, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 175–202

15. Nuno Garoupa and Fernando Gómez-Pomar (2009), ‘The Path Breaking Contributions of A. Mitchell Polinsky and Steven Shavell to Law and Economics’, in Lloyd R. Cohen and Joshua D. Wright (eds), Pioneers of Law and Economics, Chapter 15, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 267–94

16. James M. Buchanan (1974), ‘Good Economics – Bad Law’, Virginia Law Review, 60 (3), March, 483–92

17. Ronald H. Coase (1978), ‘Economics and Contiguous Disciplines’, Journal of Legal Studies, 7 (2), June, 201–11

18. Guido Calabresi (1980), ‘An Exchange – About Law and Economics: A Letter to Ronald Dworkin’, Hofstra Law Review, 8 (3), Spring, 553–62

19. Gary S. Becker (1993), ‘Nobel Lecture: The Economic Way of Looking at Behavior’, Journal of Political Economy, 101 (3), June, 385–409

20. Richard A. Posner (1987), ‘The Law and Economics Movement’, American Economic Review: Papers and Proceedings, 77 (2), May, 1–13

21. Francesco Parisi and Jonathan Klick (2004), ‘Functional Law and Economics: The Search for Value-Neutral Principles of Lawmaking’, Chicago-Kent Law Review, Symposium: Law and Economics and Legal Scholarship, 79 (2), June, 431–50

22. Robert D. Cooter (2005), ‘The Confluence of Justice and Efficiency in the Economic Analysis of Law’, in Francesco Parisi and Charles K. Rowley (eds), The Origins of Law and Economics: Essays by the Founding Fathers, Chapter 8, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 222–40

23. William M. Landes (2003), ‘The Empirical Side of Law and Economics’, University of Chicago Law Review: Centennial Tribute Essays, 70 (1), Winter, 167–80

24. Colin Camerer, Samuel Issacharoff, George Loewenstein, Ted O’Donoghue and Matthew Rabin (2003), ‘Regulation for Conservatives: Behavioral Economics and the Case for “Asymmetric Paternalism”’, University of Pennsylvania Law Review, 151 (3), January, 1211–54

25. Christine Jolls and Cass R. Sunstein (2006), ‘Debiasing through Law’, Journal of Legal Studies, 35 (1), January, 199–241

26. Jonathan Klick and Gregory Mitchell (2006), ‘Government Regulation of Irrationality: Moral and Cognitive Hazards’, Minnesota Law Review, 90 (6), 1620–63

27. Edward L. Glaeser (2006), ‘Paternalism and Psychology’, University of Chicago Law Review, Symposium: Homo Economicus, Homo Myopicus, and the Law and Economics of Consumer Choice, 73 (1), Winter, 133–56

28. Jonathan Klick (2005), ‘The Microfoundations of Standard Form Contracts: Price Discrimination vs. Behavioral Bias’, Florida State University Law Review, 32 (2), Winter, 555–69

29. Russell Korobkin (2005), ‘Possibility and Plausibility in Law and Economics’, Florida State University Law Review, 32 (2), Winter, 781–95

30. Joshua D. Wright (2007), ‘Behavioral Law and Economics, Paternalism, and Consumer Contracts: An Empirical Perspective’, NYU Journal of Law and Liberty, 2 (3), 470–511

31. Alan Schwartz (2008), ‘How Much Irrationality Does the Market Permit?’, Journal of Legal Studies, 37 (1), January, 131–59

32. Douglas G. Baird (1997), ‘The Future of Law and Economics: Looking Forward’, University of Chicago Law Review, 64 (4), Fall, 1129–65

33. Richard A. Posner (1997), ‘The Future of the Law and Economics Movement in Europe’, International Review of Law and Economics: Annual EALE Conference, Bern, 6-9 September 1995, 17 (1), March, 3–14

34. Henry G. Manne and Joshua D. Wright (2008), ‘The Future of Law and Economics: A Discussion’, George Mason University Law and Economics Research Paper No. 08-35, June, 1–27

35. Jonathan Klick (2011), ‘The Empirical Revolution in Law and Economics: Inaugural Lecture for Erasmus Chair in Empirical Legal Studies’, Erasmus Law Lectures 25, The Hague, the Netherlands: Eleven International Publishing, 7–9, 11–29, 31–34

36. Joni Hersch and W. Kip Viscusi (2012), ’Law and Economics as a Pillar of Legal Education’, Review of Law and Economics, Session Paper: The Past, Present, and Future of Interdisciplinary Legal Education, 2011 Annual Meeting, American Association of Law Schools, 8 (2), October, 487–510

More information here
Categories: Comparative Law News

BOOK: Angela CONDELLO, Between Ordinary and Extraordinary. The Normativity of the Singular Case in Art and Law [Brill Research Perspectives] (Leiden/Boston: Martinus Nijhoff/Brill, 2018), 70 p. ISBN 978-90-04-38131-5, € 70

(image source: Brill)
Abstract:What is the relationship between the general, abstract norm and the singular, concrete case that sometimes affirms a parallel, contrasting, norm? The present essay engages with this question. The argument stems from an analysis of extraordinary singular cases that sometimes emerge, sometimes are “produced” or “promoted” as exemplary (for strategic reasons, like in law). In this essay Angela Condello argues that approaching normativity in art and law from the perspective of the singular case also illustrates the theoretical importance of interdisciplinary legal scholarship, since the singularity creates room for extra-legal values to emerge as legitimate demands, desires, and needs.On the author:
Angela Condello, Ph.D. (1984), is a legal philosopher. She has been teaching law and humanities and legal philosophy since 2013. Her work covers critical approaches to classical legal theoretical themes, and in particular metaphor and analogy. She has published widely on exemplarity, casuistry in law, law and literature, law and humanities. She was awarded fellowships among which the “Law as Culture” Fellowship (Bonn), Fernand Braudel (EHESS), and others to teach and work at University of California at Berkeley, Max Planck Institute for International and Public Law (Heidelberg), Australian University at Canberrra, Cardozo Law School (New York), and McGill Law School. . Her monograph "Analogica. Il doppio legame tra diritto e analogia" (Giappichelli, 2018) is forthcoming.
More information here.
Categories: Comparative Law News

VACANCY: Copy-Editor for peer-reviewed journal Comparative Legal History (Routledge)


Comparative Legal History is a leading journal in its field and the official journal of the European Society of Comparative Legal History (ESCLH). The Journal is now looking for a copy editor. Together with the editor, articles editor, reviews editor, and the other copy editor, the new copy editor will be part of the Journal’s editorial team. The copy editor should be a legal historian and a member of the ESCLH. Native English proficiency and a doctoral degree are advantages, but not absolute requirements. Please send your application together with your CV to Prof. Heikki Pihlajamäki, the editor, by Aug. 1, 2018 at the latest ( This is an exciting chance to take part in the making of a quality journal!

More information the journal with Routledge.
Categories: Comparative Law News

BOOK: Benjamin STRAUMANN, Crisis and Constitutionalism. Roman Political Thought from the Fall of the Republic to the Age of Revolution (Oxford: OUP, 2016), 432 p. ISBN 9780199950928, 64 GBP

(image source: OUP)
Crisis and Constitutionalism argues that the late Roman Republic saw, for the first time in the history of political thought, the development of a normative concept of constitutionthe concept of a set of constitutional norms designed to guarantee and achieve certain interests of the individual. Benjamin Straumann first explores how a Roman concept of constitution emerged out of the crisis and fall of the Roman Republic. The increasing use of emergency measures and extraordinary powers in the late Republic provoked Cicero and some of his contemporaries to turn a hitherto implicit, inchoate constitutionalism into explicit constitutional argument and theory. The crisis of the Republic thus brought about a powerful constitutionalism and convinced Cicero to articulate the norms and rights that would provide its substance; this typically Roman constitutional theory is described in the second part of the study. Straumann then discusses the reception of Roman constitutional thought up to the late eighteenth century and the American Founding, which gave rise to a new, constitutional republicanism. This tradition was characterized by a keen interest in the Roman Republics decline and fall, and an insistence on the limits of virtue. The crisis of the Republic was interpreted as a constitutional crisis, and the only remedy to escape the Republic's fate — military despotism — was thought to lie, not in republican virtue, but in Roman constitutionalism. By tracing Roman constitutional thought from antiquity to the modern era, this unique study makes a substantial contribution to our understanding of Roman political thought and its reception.
On the author:
Benjamin Straumann is Alberico Gentili Senior Fellow at New York University School of Law and Lecturer at the University of Zurich. He is the author of Roman Law in the State of Nature and co-editor of the book series The History and Theory of International Law.Table of contents:
Table of ContentsI. Inchoate Constitutionalism in the Late Roman Republic1. "Not Some Piece of Legislation": The Roman Concept of Constitution2. Infinite Power? Emergencies and Extraordinary Powers in Constitutional Argument3. "The Sole Bulwark of Liberty": Constitutional Rights at RomeII. A Hierarchy of Laws: Roman Constitutional Thought4. Cicero and the Legitimacy of Political Authority5. Greek vs. Roman Constitutional ThoughtIII. The Limits of Virtue: The Roman Contribution to Political Thought6. The Roman Republic as a Constitutional Order from the Principate to the Renaissance7. Neo-Roman Interlude: Machiavelli and the Anti-Constitutional Tradition8. Jean Bodin and the Fall of the Roman RepublicEpilogue: Constitutional Republicanism, the "Cant-Word" Virtue and the American FoundingBibliography(source: OUP)
Categories: Comparative Law News

Comparative Counter-Terrorism Law

Juris Diversitas - Thu, 07/05/2018 - 19:12
Comparative Counter-Terrorism Lawby Kent Roach (ed.) et al.

Terrorism law is as international as it is regionally distinct and as difficult to define as it is essential to address. Given recent pressures to harmonize terrorism laws from international organizations like the United Nations Security Council, the Financial Action Task Force, and the Council of Europe, this book presents readers with an up-to-date assessment of terrorism law across the globe. Covering twenty-two jurisdictions across six continents, the common framework used for each chapter facilitates national comparisons of a range of laws including relevant criminal, administrative, financial, secrecy, and military laws. ReComparative Counter-Terrorism Lawcognizing that similar laws may yield different outcomes when transplanted into new contexts, priority of place is given to examples of real world application. Including a thematic introduction and conclusion, this book will help establish comparative counter-terrorism law as an emerging discipline crossing the boundaries of domestic and international law.
  • Includes chapters on twenty-two different legal jurisdictions representing North and South America, Asia, Africa, Europe, and Australia

  • Common framework for chapters allows for country-to-country comparison on specific legal issues

  • Includes an introduction to the emerging field of comparative counter-terrorism law and its methodology
(Subjects: comparative financial law, commercial law, comparative criminal law, administrative law, immigration law, constitutional law, military law; private international law)
Categories: Comparative Law News

BOOK: Catharine MacMillan and Charlotte Smith, eds., Challenges to Authority and the Recognition of Rights : From Magna Carta to Modernity (Cambridge: Cambridge University Press, 2018). ISBN 9781108429238, £ 95.00

(Source: Cambridge University Press)
Later this month, Cambridge University Press will publish a book on “challenges to authority” in history, focusing on the Magna Charta.
While challenges to authority are generally perceived as destructive to legal order, this original collection of essays, with Magna Carta at its heart, questions this assumption. In a series of chapters concerned with different forms of challenges to legal authority - over time, geographical place, and subject matters both public and private - this volume demonstrates that challenges to authority which seek the recognition of rights actually change the existing legal order rather than destroying it. The chapters further explore how the myth of Magna Carta emerged and its role in the pre-modern world; how challenges to authority formed the basis of the recognition of rights in particular areas within England; and how challenges to authority resulted in the recognition of particular rights in the United States, Canada, Australia and Germany. This is a uniquely insightful thematic collection which proposes a new view into the processes of legal change.
Catharine MacMillanKing's College LondonCatharine MacMillan is Professor of Private Law at the Dickson Poon School of Law, King's College London.Charlotte SmithUniversity of ReadingCharlotte Smith is Associate Professor in Law at the University of Reading.
Introduction Catharine MacMillan
Part I. Magna Carta, Challenges to Authority and the Recognition of Rights in England:
1. Magna Carta: the emergence of the myth John Baker
2. Benefit of clergy and the authority of Magna Carta Margaret McGlynn
3. How to get rid of a king: lawyering the Revolution of 1399 David Seipp
4. Magna Carta and the fragmented authorities of the later Middle Ages Anthony Musson
5. Revolution principles and the revolution bench Mike Macnair
Part II. Broader Challenges to Authority and the Recognition of Rights in England:
6. Magna Carta Clauses 4 and 5 and the problem of account Joshua Getzler
7. Some effects of war on the law in late eighteenth and early nineteenth-century England James Oldham
8. Tax, freedom and social expectations: fiscal impact on the built environment in nineteenth-century England Chantal Stebbings
Part III. Magna Carta, Challenges to Authority and the Recognition (and Rejection) of Rights beyond England:
9. The Magna Carta in the German discourse about English constitutional law between the eighteenth and the early twentieth century Andreas Thier
10. A Magna Carta for the world? The constitutional protection of foreign subjects in the age of revolution Daniel Hulsebosch
11. 'The state of slavery': the slave, grace, and the rise of pro-slavery constitutionalism in the nineteenth-century Atlantic world Patricia Hagler Minter
12. The Royal Proclamation of 1763: an indigenous Magna Carta's rough ride in British Columbia Hamar Foster
13. 'Law: challenges to authority and the recognition of rights': examples from British India Raymond Cocks
14. 'Unfortunate necessities of warfare?': Australia's national security regulations and the right to free speech during World War I Diane Kirkby.
More information to be found here
Categories: Comparative Law News

LECTURE: Professor Paul J. Du Plessis on “Reflections on Futures Past” (University of Edinburgh, Edinburgh Law School, Inaugural Lecture), 10 OCTOBER 2018

(Source: University of Edinburgh)
Professor Paul J. Du Plessis will hold the inaugural lecture at Edinburgh Law School on 10 October 2018. The event is open to everyone, but registration is required.
Speaker: Paul J. Du Plessis
Professor of Roman Law, Edinburgh Law School, The University of Edinburgh.
AbstractAs one of the most sophisticated legal cultures of the ancient Mediterranean, Roman law has been an enduring source of intellectual influence upon legal scholars across the ages. Much like the art, architecture, literature, and languages of the Greco-Roman world, the Romans and their culture feel strangely familiar even in 2018. This sense of familiarity is not the product of historical chance. It forms part of an evolving narrative concerning the medieval origins of law teaching in the universities of Northern Italy during the eleventh century. Since then, as the cornerstone of legal education for more than a millennium, the study of Roman law has fulfilled many different functions, whether as a component of the medieval European ius commune, the foundations of natural law in the early-modern period or a repository of positivist rules in the late nineteenth century. Moreover, although one might expect such a narrative to be thoroughly researched and utterly stable after such a length of time, the past changes frequently as discoveries come to light, and as new interpretations of the significance of historical events are put forward. Much work remains to be done, therefore, on the broader historical narrative, the ideologies as well as the societal forces (economic, social, political and otherwise), that drove the adoption or rejection of particular Roman legal rules in the past. But the study of Roman law is not merely an exercise in legal archaeology. Although the events of the twentieth century have affected the relationship between Roman law and modern law, history did not end with codification, and Roman law continues to exert a powerful influence on contemporary legal development. This lecture aims to assess the scope and function of this influence against the backdrop of contemporary debates about the nature of Scots law and the role of history in the development of law more generally. 
Date and timeWednesday 10 October 20186:00pm - 7:30pm 
LocationAdam Lecture Theatre, Edinburgh Law School, Old College.These events are free and open to everyone, but registration is required. 
Register for this event  
More information here

Categories: Comparative Law News

JOB: Postdoctoral position in real estate science (Lund University, DEADLINE 1 SEP 2018)

(image source: Lund University)
Lund University was founded in 1666 and is repeatedly ranked among the world’s top 100 universities. The University has 40 000 students and 7 400 staff based in Lund, Helsingborg and Malmö. We are united in our efforts to understand, explain and improve our world and the human condition.

LTH forms the Faculty of Engineering at Lund University, with approximately 9 000 students. The research carried out at LTH is of a high international standard and we are continuously developing our teaching methods and adapting our courses to current needs.
The division of Real Estate Science at Lund University invites applicants for a post-doctoral position, 2 years fully funded. Real Estate science is a multi-disciplinary research area and the applicant is expected to hold a Ph. D. in Real Estate Science or related discipline including but not limited to: Economics (with a real estate, urban-, or regional research profile), Economic Geography, Geography, Law (real estate law), Sociology or Urban planning.
The recruitment of a post-doctoral researcher is part of a long-term strategy to build a research platform with a wide focus on land use. Research topics include but are not limited to housing markets, locational choice of firms and households, land regulations, or physical planning for a sustainable society.
Real Estate Science
Work duties
The main duties involved in a post-doctoral position is to conduct research, independently and/or together with other researchers within the division and/or together with other researchers at other academic institutions and universities. Teaching and advising students may also be included in the position but at a maximum of 20% of the working hours. The position also includes the opportunity for three weeks of training in higher education teaching and learning.
The position allows the successful candidate to conduct research on topics of their own choosing (that is within the subject Real Estate Science). The application should therefore include a research plan stating the applicant’s planned research topics for the position.
Qualification requirements
Appointment to a post-doctoral position requires that the applicant has a PhD, or an international degree deemed equivalent to a PhD, within the subject of the position or any related field described above, completed no more than three years before the last date for applications. Under special circumstances, the doctoral degree can have been completed earlier.
Additional requirements:
  • Very good oral and written proficiency in English.
Assessment criteria and other qualifications
This is a career development position primarily focused on research. The position is intended as an initial step in a career, and the assessment of the applicants will primarily be based on their research qualifications and potential as researchers.
Particular emphasis will be placed on research skills within the subject.
For appointments to a post-doctoral position, the following shall form the assessment criteria:
  • A good ability to develop and conduct high quality research.
  • Teaching skills.
Consideration will also be given to good collaborative skills, drive and independence, and how the applicant’s experience and skills complement and strengthen ongoing research within the department, and how they stand to contribute to its future development.
Terms of employment
This is a full-time, fixed-term employment of a maximum of 2 years. The period of employment is determined in accordance with the agreement “Avtal om tidsbegränsad anställning som postdoktor” (“Agreement on fixed-term employment as a post-doctoral fellow”) between Lund University, SACO-S, OFR/S and SEKO, dated 4 September 2008.
Instructions on how to apply
Applications shall be written in English. Please draw up the application in accordance with LTH’s Academic qualifications portfolio – see link below. Upload the application as PDF-files in the recruitment system. Read more:
In addition to the documents requested by the LTH Academic qualification portfolio the application should include a research plan stating what research the candidate wants to pursue during the duration of the position. The research plan should be no more than 2 pages long.
Lund University welcomes applicants with diverse backgrounds and experiences. We regard gender equality and diversity as a strength and an asset. We kindly decline all sales and marketing contacts.
[a Ph.D. (or LL.D. or equivalent) in the history of real estate law also matches the requirements]

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Categories: Comparative Law News

PHD FELLOWSHIP: Department of Roman Law and Legal History, KU Leuven (DEADLINE 7 August 2018)

(Source: KU Leuven)
The Catholic University of Leuven has an application for a four-year PhD fellowship.

The Department of Roman Law and Legal History is a part of the Faculty of Law of KU Leuven. The Department is focusing on the teaching of legal history, as well as on research on diverse legal historical topics. We are seeking to recruit a motivated PhD candidate in the area of European legal history. Under the guidance of the promoter, the PhD researcher will submit a doctorate within four years. She/He is a team-player who is prepared to contribute to the educational and societal mission of the Faculty of Law, and of the Department in particular.
  • Preparing a PhD on a theme of European legal history, preferably concerning the learned law (ius commune). The PhD student and the supervisor will decide upon the specific research topic by mutual agreement. The candidate can include a brief research proposal in his letter of motivation.
  • Participation at legal historical conferences, writing of legal historical scientific contributions
  • Assistance with the preparation of aproposal for a research grant
  • Assistance with teaching activities (within predefined limits)
  • The candidate has – on October 1,2018 – at least one of the following degrees: Master of Law (preferred), Masterof Arts in History, Master of Arts in classical languages (or equivalent). Candidates without a previous degree in law have to be willing to obtain the juridical knowledge and skills which are necessary for the research and for the assistance with the teaching activities.
  • The candidate obtained good study results.
  • The candidate has a demonstrable interest in legal history.
  • The candidate fluently reads Latin juridical texts, or is willing to acquire a good command of the Latin language by the end of the first year of the contract, which should enable her/him to independently read Latin juridical texts as of the beginning of the second year at the latest.
  • The candidate has a good command of different languages, in particular a very good active and passive command of Dutch and English, and at least a good passive command of French and German (or the commitment to improve her/his skills in those languages). A good command of other languages, in particular Italian and Spanish, is an added value.
  • Experience with paleography is not a must, but it is an added value.
OfferA (four-year) PhD fellowship as of October 1, 2018: one-year contract, which upon positive evaluation is extended for another year, and after a second positive evaluation for a final period of two years. The PhD candidate will work in Leuven.
Interested?For more information please contact Mr. Wouter Druwé, tel.: +32 16 32 98 13, mail: can apply for this job no later than August 07, 2018 via the online application toolKU Leuven seeks to foster an environment where all talents can flourish, regardless of gender, age, cultural background, nationality or impairments. If you have any questions relating to accessibility or support, please contact us at
More information here 
Categories: Comparative Law News

ADVANCE ARTICLE: J.G. ALLEN, "The Office of the Crown", Cambridge Law Journal 2018

(image source: Cambridge Core)
A troubling veil of mystery still shrouds the central institution of the British Constitution – the Crown. In this paper, I examine the modern utility of five historical doctrines: the doctrine of the “King's two bodies”; the doctrine that the Crown is a “corporation sole”; the doctrine that the King can “do no wrong”; the doctrine that (high) public offices are “emanations” of the Crown; and the doctrine that the Crown is “one and indivisible”. Using some insights from social ontology, the history of office in the Western legal tradition, and the sociology of role and status, I argue that the first four of these doctrines can be refashioned into a conception of the Crown as an office. An office is an enduring institutional entity to which individuals bear a relationship from time to time, but which is separate from any individual incumbent and is to be considered in legal analysis as a separate acting subject. Using the logic of office, official personality and official action, I distinguish between the Queen, the Crown, Her Majesty's Government and the Commonwealth and argue that together they provide a serviceable model of the modern British Constitution. The final doctrine, however, must be abandoned – the Crown is plural and divisible and this must be taken into account when using the Crown to reason about the UK's relationship to other constitutional orders.On the author:
Alexander von Humboldt Post-Doctoral Fellow, Humboldt Universität zu Berlin Centre for British Studies; Adjunct Research Fellow, University of Tasmania Faculty of Law. This paper is based on my doctoral dissertation, for which I was supported as a Poynton Scholar by the Cambridge Australia Trust and as a Burke Scholar (in 2013) by the University of Tasmania. I would like to thank a number of people, with the usual disclaimer as to responsibility for error, for helping me in various ways, at various times and in various capacities: my supervisor T.R.S. Allan, Will Bateman, Edward Cavanagh, Daniel Clarry, Gino Dal Pont, David Dyzenhaus, Paul Finn, Evan Fox-Decent, Mark Elliott, Denis Galligan, Brendan Gogarty, Andrew Gold, Andrew Halpin, Harshan Kumarasingham, Tony Lawson and the members of the Cambridge Social Ontology Group, Ewan Smith and the Oxford Public Law Discussion Group, Lionel Smith and Michael Stokes.
More information on Cambridge Core.

Categories: Comparative Law News

BOOK: Maaike VAN BERKEL, Léon BUSKENS and Petra M. SIJPESTEIJN eds., Legal Documents as Sources for the History of Muslim Societies : Studies in Honour of Rudolph Peters [Studies in Islamic Law and Society] (Leiden - New York: Brill, 2017). ISBN 978-90...

(Source: Brill)
Last year, Brill published a book on the use of legal documents for the study of the history of Muslim societies.
This volume is a tribute to the work of legal and social historian and Arabist Rudolph Peters (University of Amsterdam). Presenting case studies from different periods and areas of the Muslim world, the book examines the use of legal documents for the study of the history of Muslim societies. From examinations of the conceptual status of legal documents to comparative studies of the development of legal formulae and the socio-economic or political historical information documents contain, the aim is to approach legal documents as specialised texts belonging to a specific social domain, while simultaneously connecting them to other historical sources. It discusses the daily functioning of legal institutions, the reflections of regime changes on legal documentation, daily life, and the materiality of legal documents.

Contributors are Maaike van Berkel, Maurits H. van den Boogert, Léon Buskens, Khaled Fahmy, Aharon Layish, Sergio Carro Martín, Brinkley Messick, Toru Miura, Christian Müller, Petra M. Sijpesteijn, Mathieu Tillier, and Amalia Zomeño.
Maaike van Berkel is professor of Medieval History at Radboud University. Her research focuses on the social and cultural history of medieval Muslim societies, with a particular interest in literacy, court culture and urban organization.

Léon Buskens holds a chair for Law and Culture in Muslim societies at Leiden University and is director of the Netherlands Institute in Morocco. His research focuses on Islamic law and society, and the anthropology of Muslim societies, with a particular interest in Morocco and Indonesia.

Petra Sijpesteijn is professor of Arabic at Leiden University. Her research concentrates on recovering the experience of Muslims and non-Muslims living under Islamic rule, using the vast stores of radically under-used documents surviving from the early Islamic world. 
Introduction, Maaike van Berkel, Léon Buskens and Petra M. Sijpesteijn Notes on Contributors
Bibliography Rudolph Peters
Rudolph Peters and the History of Modern Egyptian Law, Khaled Fahmy

The Qadis’ Justice according to Papyrological Sources (Seventh–Tenth Centuries C.E.), Mathieu Tillier
Delegation of Judicial Power in Abbasid Egypt, Petra M. Sijpesteijn
The Mahdi’s Legal Opinion as an Instrument of Reform: Issues in Divorce, Inheritance, False Accusation of Unlawful Intercourse and Homicide,Aharon Layish

Identifying the ʿudūl in Fifteenth-Century Granada, Sergio Carro Martín and Amalia Zomeño
Crimes without Criminals? Legal Documents on Fourteenth-Century Injury and Homicide Cases from the Ḥaram Collection in Jerusalem, Christian Müller
From Trash to Treasure: Ethnographic Notes on Collecting Legal Documents in Morocco, Léon Buskens
Notes for a Local History of Falsehood, Brinkley Messick

Waqf Documents on the Provision of Water in Mamluk Egypt, Maaike van Berkel
Ottoman amān: Western Ownership of Real Estate and the Politics of Law Prior to the
Land Code of 1876, Maurits H. van den Boogert
A Comparative Study of Contract Documents: Ottoman Syria, Qajar Iran, Central Asia, Qing China and Tokugawa Japan, Toru Miura 
More information here

Categories: Comparative Law News

BOOK: Bharat MALKANI, Slavery and the Death Penalty: A Study in Abolition. (London: Routledge, 2018). ISBN 9781472452740, £92.00

(Source: Routledge)
Routledge has just published a book on the relationship between the abolitionist movement for slavery and the death penalty.
It has long been acknowledged that the death penalty in the United States of America has been shaped by the country’s history of slavery and racial violence, but this book considers the lesser-explored relationship between the two practices’ respective abolitionist movements. The book explains how the historical and conceptual links between slavery and capital punishment have both helped and hindered efforts to end capital punishment. The comparative study also sheds light on the nature of such efforts, and offers lessons for how death penalty abolitionism should proceed in future. Using the history of slavery and abolition, it is argued that anti-death penalty efforts should be premised on the ideologies of the radical slavery abolitionists.
Dr Bharat Malkani researches and teaches in the field of capital punishment, and human rights and criminal justice more broadly. He is a member of the International Academic Network for the Abolition of Capital Punishment, and prior to joining academia he helped co-ordinate efforts to abolish the death penalty for persons under the age of 18 in America.
IntroductionChapter 1: The death penalty in the era of slaveryChapter 2: Capital punishment and the legacy of slavery: 1865–1976Chapter 3: The legacy of slavery in capital punishment since 1976Chapter 4: Abolitionism definedChapter 5: Radical abolitionist constitutionalismChapter 6: The experiential abolitionistChapter 7: Abolitionism and "alternatives"Chapter 8: Non-complicity and abolitionism: from fugitive slaves to lethal injectionsChapter 9: A peculiar abolition

More informationhere

Categories: Comparative Law News

BOOK: Oren BRACHA, ed., The History of Intellectual Property Law [Critical Concepts in Intellectual Property Law Series] (Cheltenham: Edward Elgar Publishing , 2018). ISBN 978178536 8554, £517.50

(Source: Edward Elgar Publishing)
Edward Elgar Publishing has just published a two-volume collection which includes some of the most important and influential articles published on the history of intellectual property law.
This comprehensive two-volume collection includes some of the most important and influential articles published on the history of intellectual property. The seminal works compiled in these volumes encompass a broad variety of specific legal fields, periods and methodological perspectives. The collection focuses on the three main subfields of intellectual property: patent, copyright and trademark law. Volume I covers patent and copyright in Britain as well as U.S. patents. Volume II discusses U.S. copyright and trademarks along with colonial and international intellectual property law.

With an original introduction by the editor, this essential compilation will be of great interest to legal historians, economic historians and anyone interested in intellectual property and its history.

Volume I

Introduction Oren Bracha

1. Pamela O. Long (1991), ‘Invention, Authorship, "Intellectual Property," and the Origin of Patents: Notes toward a Conceptual History’, Technology and Culture, 32 (4), October, 846–84
2. Joanna Kostylo (2010), ‘From Gunpowder to Print: The Common Origins of Copyright and Patent’, in Ronan Deazley, Martin Kretschmer and Lionel Bently (eds), Privilege and Property: Essays on the History of Copyright, Chapter 1, Cambridge, UK: Open Book Publishers, 21–50
3. Carlo Marco Belfanti (2004), ‘Guilds, Patents, and the Circulation of Technical Knowledge: Northern Italy During the Early Modern Age’, Technology and Culture, 45 (3), July, 569–89
4. Liliane Hilaire-Pérez (1991), ‘Invention and the State in 18th-Century France’, Technology and Culture, 32 (4), October, 911–31
5. Martha Woodmansee (1984) ‘The Genius and the Copyright: Economic and Legal Conditions of the Emergence of the “Author”’, Eighteenth Century Studies, 17 (4), Summer, 425–48

6. Chris R. Kyle (1988), ’But a New Button to an Old Coat: The Enactment of the Statute of Monopolies, 21 James I cap.3’, Journal of Legal History, 19 (3), December, 203–23
7. Adam Mossoff (2001), ‘Rethinking the Development of Patents: An Intellectual History, 1550–1800’, Hastings Law Journal, 52 (6), August, 1255–322
8. John N. Adams and Gwen Averley (1986), ‘The Patent Specification: The Role of Liardet v. Johnson’, Journal of Legal History, 7 (2), September, 156–77
9. Eric Robinson (1972), ‘James Watt and the Law of Patents’, Technology and Culture, 13 (2), April, 115–39
10. Christine MacLeod (1999), ‘Negotiating the Rewards of Invention: The Shop-Floor Inventor in Victorian Britain’, Business History, 41 (2), April, 17–36

11. Ian Gadd (2016), ‘The Stationer’s Company in England before 1710’, in Isabella Alexander and H. Tomás Gómez-Arostegui (eds), Research Handbook on the History of Copyright Law, Chapter 5, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 81–95
12. Ronan Deazley (2010), ‘The Statute of Anne and the Great Abridgement Swindle’, Houston Law Review, 47 (4), December, 793–818
13. Mark Rose (1988), ‘The Author as Proprietor: Donaldson v. Becket and the Genealogy of Modern Authorship’, Representations, 23, Summer, 51–85
14. H. Tomás Gómez-Arostegui (2014), ‘Copyright at Common Law in 1774—’, Connecticut Law Review, 47 (1), November, 1–57 
15. Will Slauter (2013) ‘Upright Piracy: Understanding the Lack of Copyright for Journalism in Eighteenth-Century Britain’, Book History, 16 (1), 34–61
16. Isabella Alexander (2007), 'Criminalising Copyright: A Story of Publishers, Pirates and Pieces of Eight', Cambridge Law Journal, 66 (3), November, 625–56
17. Jose Bellido and Kathy Bowrey (2014), ‘From the Author to the Proprietor: Newspaper Copyright and The Times (1842–1956)’, Journal of Media Law, 6 (2), 206–33

18. Tyler T. Ochoa and Mark Rose (2002), ‘The Anti-Monopoly Origins of the Patent and Copyright Clause’, Journal, Copyright Society of the U.S.A., 49 (3), 675–706
19. L. Ray Patterson and Craig Joyce (2003), 'Copyright in 1791: An Essay Concerning the Founders' View of the Copyright Power Granted to Congress in Article I, Section 8, Clause 8 of the U.S. Constitution', Emory Law Journal, 52, 909–52
20. Mario Biagioli (2006), ‘Patent Republic: Representing Inventions, Constructing Rights and Authors’, Social Research, 73 (4), Winter, 1129–72
21. Steven Lubar (1991), ‘The Transformation of Antebellum Patent Law’, Technology and Culture’, 32 (4), October, 932–59
22. Kara W. Swanson (2009), ‘The Emergence of the Professional Patent Practitioner’, Technology and Culture, 50 (3), July, 519–48
23. Adam Mossoff (2011), ‘The Rise and Fall of the First American Patent Thicket: The Sewing Machine War of the 1850s’, Arizona Law Review, 53 (1), 165–21
24. Alain Pottage and Brad Sherman (2007), 'Organisms and Manufactures: On the History of Plant Inventions', Melbourne University Law Review, 31 (2), 539–68

25. Steven W. Usselman and Richard R. John (2006), ‘Patent Politics: Intellectual Property, the Railroad Industry, and the Problem of Monopoly’, Journal of Policy History, 18 (1), 96–125
26. Catherine L. Fisk (1998), ‘”Removing the Fuel” of Interest from the ‘Fire of Genius’: Law and the Employee Inventor, 1830-1930’, University of Chicago Law Review, 65 (4), Autumn, 1127–99
27. Kara W. Swanson (2011), ‘Getting a Grip on the Corset: Gender, Sexuality, and Patent Law’, Yale Journal of Law and Feminism’, 23 (1), 57–115
28. Christopher Beauchamp (2016), ‘The First Patent Litigation Explosion’, Yale Law Journal, 125 (4), February, 848–944

Volume II

An introduction to both volumes by the editor appears in volume 1

1. Jane C. Ginsburg (1990), ‘A Tale of Two Copyrights: Literary Property in Revolutionary France and America', Tulane Law Review, 64 (5), May, 991–1031
2. Meredith L. McGill (1997), ‘The Matter of the Text: Commerce, Print Culture, and the Authority of the State in American Copyright Law’, American Literary History, 9 (1), Spring, 21–59
3. Oren Bracha (2008), ‘The Ideology of Authorship Revisited: Authors, Markets, and Liberal Values in Early American Copyright’, Yale Law Journal, 118 (2), November, 186–271
4. Robert Brauneis (2009), ‘The Transformation of Originality in the Progressive-Era Debate over Copyright in News’, Cardozo Arts and Entertainment Law Journal, 27 (2), 321–73
5. Zvi S. Rosen (2007), ‘The Twilight of the Opera Pirates: A Prehistory of the Exclusive Right of Public Performance for Musical Compositions’, Cardozo Arts and Entertainment Law Journal, 24, 1157–1218

6. Paul Duguid (2009), ‘French Connections: The International Propagation of Trademarks in the Nineteenth Century’, Enterprise and Society, 10 (1), March 3–37
7. Lionel Bently (2007), ‘The Making of Modern Trade Mark Law: The Construction of the Legal Concept of Trade Mark 1860–80’, in Lionel Bently, Jennifer Davis and Jane C. Ginsburg (eds), Trade Marks and Brands: An Interdisciplinary Critique, Chapter 1, Cambridge, UK: Cambridge University Press, 3–41
8. Robert G. Bone (2006), ‘Hunting Goodwill: A History of the Concept of Goodwill in Trademark Law’, Boston University Law Review, 86 (3), June, 547–622
9. Steven Wilf (2008), ‘The Making of the Post-War Paradigm in American Intellectual Property Law’, Columbia Journal of Law and the Arts, 31 (2), 139–207

10. Lionel Bently (2007), ‘Copyright, Translations, and Relations Between Britain and India in the Nineteenth and Early Twentieth Centuries’, Chicago-Kent Law Review, 82 (3), 1181–240
11. Michael D. Birnhack (2011), ‘Hebrew Authors and English Copyright Law in Mandate Palestine’, Theoretical Inquiries in Law, 12 (1), January, 201–40

12. Lionel Bently and Brad Sherman (2001), ‘Great Britain and the Signing of the Berne Convention in 1886: Part 2’, Journal, Copyright Society of the U.S.A., 48 (3), Spring, 311–40
13. Catherine Seville (2008), ‘Authors as Copyright Campaigners: Mark Twain’s Legacy’, Journal, Copyright Society of the U.S.A., 55 (2/3), Winter/Spring, 283–359

14. B. Zorina Khan (1995), ‘Property Rights and Patent Litigation in Early Nineteenth-Century America’, Journal of Economic History, 55 (1), March, 58–97
15. Petra Moser (2005), ‘How Do Patent Laws Influence Innovation? Evidence from Nineteenth-Century World’s Fairs’, American Economic Review, 95 (4), September, 1214–36
16. Naomi R. Lamoreaux, Kenneth L. Sokoloff, and Dhanoos Sutthiphisal, (2013), ‘Patent Alchemy: The Market for Technology in U.S. History’, Business History Review, 87 (1), Spring, 3–38

More information with the publisher
Categories: Comparative Law News

BOOK: Aditya SARKAR, Trouble at the Mill. Factory Law and the Emergence of Labour Question in Late Nineteenth-Century Bombay. (Oxford: Oxford University Press, 2018). ISBN 9780199474424, £37.99

(Source: Oxford University Press)Oxford University Press has published a new book on labour history and factory law in late 19th century Bombay.
The book uses the Factory Acts of the late nineteenth century as an entry point into the early history of labour relations in India, specifically the mill industry of Bombay. It unites legal and social history in a manner which differs from most social histories of labour, and offers a new perspective on the constitution of industrial relations in colonial India.
The Factory Act passed by the Government of British India in 1881 produced the first official definition of 'factories' in modern Indian history as workplaces using steam power and regularly employing over 100 workers. It imposed certain minimal restrictions upon the freedom of employers in a limited range of industrial workplaces and invested factory workers, most explicitly children, with a slim set of immunities and entitlements. In 1891, the Factory Act was amended: factories were redefined as workplaces employing over 50 workers, the upper age limit of legal 'protection' was raised, weekly holidays were established, and women mill-workers were brought within its ambit. In its own time, factory law was experienced as a minor official initiative, but it connected with some of the most potent ideological debates and political oppositions of the age.
This book takes these two pieces of labour legislation as an entry point into the history of 'industrial relations' (the term did not yet exist in its present sense) in colonial India, in the last quarter of the nineteenth century combining the legal and social history which diverges from most studies of Indian workers. It identifies an emergent 'factory question' built on the problem of protective labour legislation. The cotton-mill industry of Bombay, long familiar to labour historians as one of the nodal points of modern Indian capitalism, is the principal focal point of this investigation. While this is a book about law and regulation, it is neither a legislative nor a policy history. While it is preoccupied with the history of factory legislation, it does not offer a full narrative that takes this as its 'object'. And while the book focuses on Bombay's cotton mills, it contains significant departures both from the city and its major industry. A number of questions which have only rarely been thematized by labour historians-the ideologies of factory reform, the politics of factory commissions, the routines of factory inspection, and the earliest waves of strike action in the cotton textile industry-are raised in this book.
Aditya Sarkar is a social historian working on the history of modern South Asia, with specific expertise and interest in the social histories of labour and capitalism.
1: Imperial Entanglements
2: The Emergence of Factory Law: Bombay, 1874-1881
3: The Work of Law: Factory Inspection in Bombay, 1881-1887
4: Law, Age, and the Factory Child
5: The Antinomies of Industrial Relations, 1884-1895.
6: Snapping The Tie: Chronicles of the Plague Years, 1896-98
About the author
More information here
Categories: Comparative Law News

BOOK: Taylor HOLLANDER, Power, Politics, and Principles : Mackenzie King and Labour, 1935-1948 (Toronto: University of Toronto Press, 2018). ISBN 9781487521936, $33.71

(Source: University of Toronto Press)
University of Toronto Press just published a book on the creation of P.C. 1003, a seminal piece of wartime labour law legislation in Canada.
Set against the backdrop of the U.S. experience, Power, Politics, and Principles uses a transnational perspective to understand the passage and long-term implications of a pivotal labour law in Canada. Utilizing a wide array of primary materials and secondary sources, Hollander gets to the root of the policy-making process, revealing how the making of P.C. 1003 in 1944, a wartime order that forced employers to the collective bargaining table, involved real people with conflicting personalities and competing agendas.
Each chapter of Power, Politics, and Principles begins with a quasi-fictional vignette to help the reader visualize historical context. Hollander pays particular attention to the central role that Mackenzie King played in the creation of P.C. 1003. Although most scholars describe the Prime Minister’s approach to policy decisions as calculating and opportunistic, Power, Politics, and Principles argues that Mackenzie King’s adherence to moderate principles resulted in a less hostile legal environment in Canada for workers and their unions in the long run, than a more far-reaching collective bargaining law in the United States.
Taylor Hollander is a Middle School History Teacher at Orchard House School in Richmond Virginia.
IllustrationsPrefaceAcknowledgmentsIntroductionThe Unity of Our Country, Fall 1935-Fall 1939The Prime MinisterThe Labour MovementThe EmployersOther GroupsThe Breastplate of Righteousness, Fall 1939-Fall 1941More of the SameIncongruitiesFine-TuningPlant CommitteesThe Task that Lies Ahead, Fall 1941-Fall 1942The CampaignIntransigenceRespect and DignityAdherenceA Code of Labour Relations, Fall 1942-Spring 1944The ImpetusThe ExpertsThe CodeA Fine Conclusion, Spring 1944-Summer 1948TemperingThe Rand FormulaPostwar TumultThe Middle of the RoadAfterwordReferenceIndex
More information here
Categories: Comparative Law News

NEW: ESCLH Twitter account

(image source: NYTimes)
The society created its own twitter account. Follow our updates on or @esclh.

Categories: Comparative Law News

PhD DEFENSE: Marc Ronvaux, Le Grand Conseil de Malines et le droit namurois au XVIIIe siècle (Louvain-la-Neuve: UCLouvain, 3 SEP 2018)

(image source: UCLouvain)
drs. Marc Rovaux (UCLouvain) will defend his PhD-thesis in law entitled Le Grand Conseil de Malines et le droit namurois au XVIIIe siècle in the Salle Dabin (Collège Thomas More), Place Montesquieu 2, Louvain-la-Neuve, at 17:30.

(source: rechtshistorische Courant, July 2018)
Categories: Comparative Law News