PROFESSOR BRIAN TAMANAHA
We're pleased to announce that one of our plenary speakers will be Professor Brian Tamanaha (Washington University, St Louis). As his faculty profile reads:
Professor Brian Z. Tamanaha is a renowned jurisprudence scholar and the author of eight books and numerous scholarly articles, including his groundbreaking book, Beyond the Formalist–Realist Divide: The Role of Politics in Judging. His articles have appeared in a variety of leading journals, and his publications have been translated into eight languages. Also an expert in law and society, he has delivered lectures in Brazil, Indonesia, Japan, France, the Netherlands, Colombia, Singapore, Australia, Canada, and the United Kingdom. He spent a year in residence as a Member of the Institute for Advanced Study in Princeton. Professor Tamanaha is the recipient of several book prizes and awards, including Professor of the Year, and a frequent speaker and lecturer at legal conferences throughout the United States and abroad. His professional affiliations include serving as a past member of the Board of Trustees of the Law and Society Association. Before becoming a law professor, he clerked for the Hon. Walter E. Hoffman, U.S. District Court for the Eastern District of Virginia. He also practiced law in Hawaii and Micronesia, where he served as legal counsel for the Micronesian Constitutional Convention, Assistant Attorney General for the Yap State, and Assistant Federal Public Defender for the District of Hawaii. He then earned a doctorate of juridical science at Harvard Law School.
And we're still accepting proposals ...
CALL FOR PAPERS DEADLINE: 28 February 2015
JURIS DIVERSITASANNUAL CONFERENCE 2-4 June 2015School of Law, University of LimerickLimerick, IrelandTHE STATE AND/OF COMPARATIVE LAW
[Note that the Irish Society of Comparative Law annual conferences will be held in Limerick immediately afterwards. Its theme is ‘Comparative Law: From Antiquity to Modernity’ and the same proposal may be submitted for both conferences. See here.]
While any proposal on comparative law (broadly conceived) will be considered, the conference’s primary theme is the relationship between social and legal norms and social and legal institutions. In memory of Roderick A Macdonald (1948-2014) and H Patrick Glenn (1940-2014), both former members of our Advisory Council, particular attention will be given to the diverse themes of their scholarship: for example, ‘common laws’, ‘constitutive polyjurality’, ‘critical legal pluralism’, ‘everyday law’, and ‘legal cosmopolitanism’.
As with our past conferences, proposals on a wide variety of topics will be accepted: comparative jurisprudence and legislation, legal philosophy, legal education, law reform, etc. Presentations may be theoretical analyses or case studies on the past or present, North or South, East or West ….
Panel proposals and interdisciplinary presentations are strongly encouraged, as is the participation of doctoral students and scholars from outside of the discipline of law. While parallel sessions of three twenty-minute presentations will be used, we welcome more original session structures.
Proposals should be in English or French. Proposals of c250 words (or 1000 words for panel proposals) should be submitted to Olivier Moréteau at email@example.com by 28 February 2015, with a short biography or resume (c250 words). Please send Word documents only, with minimal formatting.
Registration fees are €200 (€125 for Juris Diversitas members paid up for 2015). Membership and fee payment information is available on the Juris Diversitas Blog (http://jurisdiversitas.blogspot.ie/). Note that fees don’t cover travel, accommodation, or the conference dinner (€50).
BOOK REVIEW: Nils JANSEN & David Julius KÄSTLE (ed.), Commentaries in Law and Religion (Tübingen: Mohr, 2014, XII + 465 p., ISBN 978-3-16-152879-8) by Eva-Marie BECKER (Sehepunkte.de)
Sehepunkte.de published a review by Eva-Marie Becker (Aarhus) of the work Kommentare in Recht und Religion (Tübingen: Mohr, 2014), edited by Nils Jansen & David Julius Kästle (Münster).
Fulltext available here.
This new book advances a fresh philosophical account of the relationship between the legislature and courts, opposing the common conception of law, in which it is legislatures that primarily create the law, and courts that primarily apply it. This conception has eclectic affinities with legal positivism, and although it may have been a helpful intellectual tool in the past, it now increasingly generates more problems than it solves. For this reason, the author argues, legal philosophers are better off abandoning it. At the same time they are asked to dismantle the philosophical and doctrinal infrastructure that has been based on it and which has been hitherto largely unquestioned. The book offers an alternative framework for understanding the role of courts and the legislature; a framework which is distinctly anti-positivist and which builds on Ronald Dworkin's interpretive theory of law. But, contrary to Dworkin, it insists that legal duty is sensitive to the position one occupies in the project of governing; legal interpretation is not the solitary task of one super-judge, but a collaborative task structured by principles of institutional morality such as separation of powers which impose a moral duty on participants to respect each other's contributions. Moreover this collaborative task will often involve citizens taking an active role in their interaction with the law.
THE AUTHORDimitrios Kyritsis is an Associate Professor at the University of Reading.
BOOK DETAILSJanuary 2015 9781849463898 195pp Hbk RSP: £50 / US$100Discount Price: £40 / US$80
Order Online in the US
If you would like to place an order you can do so through the Hart Publishing website (link below). To receive the discount please mention reference ‘JDB’in the special instructions field. Please note that the discount will not be shown on your order but will be applied when your order is processed.
Order Online in the UK, EU and ROWIf you would like to place an order you can do so through the Hart Publishing website (link below). To receive the discount please type the reference ‘JDB’in the discount code field and click ‘apply’.
UK, EU and ROW: http://www.hartpub.co.uk/BookDetails.aspx?ISBN=9781849463898
Also visit the LSU Law Worldwide blog at: http://sites.law.lsu.edu/worldwide/blog/ and ‘like’ the CCLS on Facebook.
The University of East Anglia will host the 2015 BACL Postgraduate Workshop on Comparative Law on 28th- 29th April 2015.
The BACL Postgraduate Workshop on Comparative Law is designed for doctoral students working on dissertations in the field of comparative legal studies and related subjects. In a round-table setting, the 2-day workshop will address both the benefits and methodological problems of postgraduate research in comparative law.
Participants will be provided with an opportunity to present their own work and thus gain useful feedback from their peers, as well academics in the field, including Dr Audrey Guinchard (Essex) and Dr Stathis Banakas (UEA).
The workshop will take place on the UEA campus, beginning lunchtime Tuesday, 28th April. The workshop will include plenary sessions, but the emphasis is on student presentations and group discussion. Students interested in participating in the workshop should submit an abstract of no more than 400 words and a short biographical note using the attached form by 19 March 2015.
BACL is subsidising the costs of this event, which is also sponsored by Intersentia, but a student contribution will be required. The contribution will be £30 for students from BACL member institutions* and £40 for students from non-member institutions (payable at the event in cash or by cheque to the British Association of Comparative Law). This includes participation in the workshop, lunch and refreshments as well as evening dinner on the 28th April. (Your institution may be able to assist with the costs.)
Students will also be expected to pay for and organise their own transport to Norwich, as well as their overnight campus accommodation (£54.00 B&B per night payable upon advance booking).
Applications should be sent to Claudina Richards (firstname.lastname@example.org), School of Law, University of East Anglia, Norwich, NR4 7TJ.
CLICK HERE for further information and to download the application form.
Date: Thursday 19 February, from 6 pm in EB306The introduction of the unitary patent will leave the European patent in place and will in any case not apply to Italy, Spain and, probably, Poland. And the courts in those countries, and those in all other Member States during the transition period, will share competence over patent cases with the Unified Patent Court. This gives rise to issues of private international law and the Brussels I Regulation was hastily amended to deal with the matter. The talk will consider the Unitary Patent and the Unified Patent Court from a private international law perspective in order to analyse whether adequate solutions are now in place that will make the system predictable and transparent, or even efficient.
Click here for further information.
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What was the role played by jurors in civil and criminal trials from the late eighteenth to the late nineteenth century? This article establishes that during this period, juries in Ireland played a relatively active role. It examines individual reports of civil and criminal trials and considers the nature of juror participation during this period, establishing that jurors frequently questioned witnesses, berated counsel, interrupted judges, demanded better treatment and added their own observations to the proceedings. This article compares the nature and level interaction from different categories of jury – civil and criminal, common and special. It asks why Irish jurors continued to be active participants until late in the nineteenth century, and how the bench and bar received their input. It also suggests that English jurors may also have played a more active role during this period than previously thought. Finally, the article considers some possible reasons for the silencing of Irish jurors by the late nineteenth century.
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CALL FOR PAPERS: Normative Interfaces of Globalization and High-Tech Capitalism: Legal Pluralism and the Neo-Liberal Turn
Theme: Normative Interfaces of Globalization and High-Tech Capitalism: Legal Pluralism and the Neo-Liberal Turn Location: Indian Institute of Technology (IIT), Bombay, India Dates: 14-16 December 2015
The 2015 international conference will pay particular attention to emerging areas that have gained in momentum due to processes of globalization, the emergence of ‘knowledge economies’, and the evolution of high-tech capitalism. Not surprisingly, debates and evolving policies on information technology, biotechnology, genetic engineering and intellectual property rights are forced to deal with issues of legal pluralism, perceiving a risk in high-technology regimes, which further exacerbate socioeconomic inequalities and marginalize the already disadvantaged, especially in developing societies and ‘emerging economies’.
The conference will also address established themes that continue to cause significant concern, such as conflicts and contestations over property, land and natural resources; governance; religion, culture, custom and ethnicity; state and non-state laws; gender; kinship; patriarchy; human rights; development aid and cooperation; as well as migration; mobility; and transnationalism, while exploring how emerging and ‘old’ themes in the field of legal pluralism relate to each other in theory and practice.
The neoliberal turn in contemporary patterns of economic transformation and globalization has generated new debates regarding norms, the capacity to evolve, deploy and resist normative regimes, and new forms of normative interfaces. Attention to these areas brings legal pluralism research into the hitherto neglected territorial domain of urban nodes of capital and knowledge flows. New forms of regulation, surveillance, and the ironic and contradictory implications of transparency, accountability and participation all interact with existing social structures to offer interesting problems for scholars of legal pluralism. The use of social media in recent social and political movements around the world also offers rich scope for understanding such linkages and interactions. At the same time, the increasing ‘noise’ around indigenous, alternative, or southern perspectives in social sciences and humanities has generated new approaches in theory and practice to themes such as law, ethics, norms and values, governance and ideas of order. These have found wide resonance in debates and struggles on issues related to development visions, resource expropriation, economic growth, and technological models.
Scholars and practitioners are invited to present contemporary work on the above and following related themes to the 2015 Conference: 1. Theoretical and Methodological Approaches to Legal Pluralism 2. Governance and Politics: Juridification, Neo-liberalism and Political Aspirations 3. Natural Resources, Land and Property: Old and New Forms of Legal Pluralism 4. Human Rights and Development: Emerging Discourses 5. Religion and Culture: Social and Legal Transformations 6. Science, Technology, and Law
A more detailed description of the above themes and the panels linked to each theme is provided in the attachments to this call for papers. You are also welcome to send papers that may not appear to be directly or indirectly linked to the listed panels. It is hoped that this event will offer a dynamic and vibrant space for further expansion of perspectives in debating issues and challenges relating to legal pluralism.
Please send your paper proposals to email@example.com (for the attention of Prof. Waheeda Amien and Prof. D. Parthasarathy) by no later than April 15, 2015.
Sexual minorities in Islamic Law.We hope to attract papers that deal with those categories that could be categorized under the acronym “LGBTQI”. Even though we are aware that a discussion on the applicability of these categories should be opened, we are here using the LGBTQI acronym not as an analytical category per se, but more as an “orientation map”. Therefore, we call for papers dealing with “non-normative sexualities” and “sexual acts” in Islamic Law, using both historical concepts (e.g. the status of the hermaphrodite, the eunuch, the muḫannath, liwāṭ, siḥāq etc.), and modern concepts, like intersexuality, homosexuality, transsexuality and so on. Minorities as legal actors.We are not only interested in exploring how Islamic Law deals with minorities as “subjects of law”, butalso in approaching minorities as “productive” legal actors. In this sense, we aim to attract papers dealing with the legal production of minority madhāhib or groups, like, for example, ismā‘īlis, ẓāhiris, ibāḍis or zaydis.Please send your paper proposal relating to one or more of the above themes as a word document, along with a short CV (max 1 page) to Carlo De Angelo (firstname.lastname@example.org) and Serena Tolino (email@example.com). Proposals should include the following: title of the paper, name, surname, institutional affiliation of the contributor, author’s email contact, abstract of max 500 words, 3 keywords. The abstract should include a short description of the topic and the sources which will be analysed. Abstracts and papers should be written in English.We are keen to publish only articles dealing with Islamic Law, both classical and contemporary, and notwith positive law of Islamic countries (i.e. How minorities are treated in the national law of a given country). Previously published papers may not be submitted.Feel free to contact the editors for informal inquiries before the submission of your proposal.The deadline for the submission of abstracts is the 15th of March 2015. Notification of acceptance will be sent before the end of March. The deadline for submitting the articles (8000-10000 words) is 15th September 2015. Acceptance of abstract does not automatically imply the publication of the paper, which will go throughthe double-blind review process before final acceptance.
Oriente Moderno was founded in 1921 by Carlo Alfonso Nallino and is currently directed by Prof. ClaudioLo Jacono, Director of the “Istituto per l’Oriente C.A. Nallino”, Rome. The Editorial and the Scientific Committee include university professors and researchers from different Italian and International Universities. The journal publishes scientific and original articles on all aspects of political, social, literary, and cultural aspects of the modern and contemporary Middle East, together with translated documents, news on Islamic and Arabic research in Italy and reviews of books. Oriente Moderno is currently published by Brill and indexed, between the others, by Index Islamicus, MLA International Bibliography and Dietrich’s Index Philosophicus.
ARTICLE ANNOUNCEMENT: Researching Chinese Law Using Legal Periodicals in English and Chinese: A Critical Overview
With a goal to provide a framework for legal scholars and practitioners to effectively utilize Chinese legal journal literature, this bibliographic essay critically examines Chinese legal periodicals in English and the vernacular, followed by a brief survey of the prevailing trends of legal research and legal periodicals publishing in China.
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ARTICLE ANNOUNCEMENT: Law, Religion, and Feeling Included/Excluded: Case Studies in Canadian Religious Freedom Litigation
Based on a small qualitative study of three religious freedom cases, this article uses litigant narratives as springboards for reflection on the theme of inclusion in the Canadian political community. The article attends to the affective dimension of inclusion, focusing on whether participants felt included or excluded. Successful litigants told narratives of Canada as a country in which they could be included in public life without forgoing their religious practices. The narratives of unsuccessful litigants were more complex. These particular litigants did not have a desire to participate in public practices and institutions. Rather, these narratives understood religious freedom on a contractual basis, portraying their loss in court as a breach of covenant. Moreover, though these narratives contained themes of rejection and exclusion, participants said that they had faith enough in their eventual success that they would stay in Canada rather than emigrate.
Click here to download this article
CONFERENCE: XXIst Annual Forum of Young Legal Historians: Law in Transition (Tel Aviv, 1-3 March 2015)
The traditional European Forum of Young Legal Historians is organized by the Buchmann Faculty of Law (Tel Aviv University).
The upcoming conference aims at a comprehensive discussion of law in transition. A wide variety of transitions of historical significance will be explored: political, economic, social, cultural, and more. “Law”— legal symbols, discourses, players, institutions, theories, and texts—has played a significant role in historical transitions, and legal historians have been crucial in exploring its multiple and contradictory effects. The stakes are not just historical, but current: these studies encourage transitions in the way law itself is conceived, theorized, and researched. The outlined program has been published here.
A full overview of all seventeen panels, covering a wide array of issues, is here.
Tracés. Revue de Sciences Humaines (ENS Éditions) published its latest issue on "Thinking with law".
Confronted with lawyers’ long cherished postulate of the autonomy of law and and of its utter « isolation » from the social world, social scientists have often been deterred from investigating legal thought as such. On the other hand, law faculties – particularly French ones —have proved rather reluctant to take up insights from sociology, anthropology and history into their curriculums. However, the last two decades have been witness to significant changes. Setting foot on legal soil, an increasing number of adventurous social scientists have tackled issues regarding both the social uses of law and the technicalities of its machinery. This issue of Tracés gives a snapshot of this changing relationship between law and the social sciences, thereby hinting at promising new prospects for research. Several papers examine how critical thinking has profited from defining law not as a mere instrument of domination, but also as a resource for defining, analysing and occasionally opposing a given situation. Other papers show this shift of perspective to be contingent on a better command of legal operations — e.g. legal fictions or legal qualifications — by social scientists and on their specific understanding of legal reasoning. Getting a better grasp of law might therefore require two tasks: first, combining an attention to the political uses of law with an analysis of the lawyers’ paraphernalia of formal and technical devices; secondly, discriminating more acutely between different types of normativity, in other words offering a comparative history of legal concepts and legal evolution. Contents:
"Droit et sciences sociales : les espaces d’un rapprochement" (Guillaume Calafat, Arnaud Fossier & Pierre Thévenin)
"Comment la sociologie peut déplier le droit" (Arnaud Esquerre)
"Peut-on dépasser le droit civil ? Les controverses juridiques autour de la réparation des dommages de guerre (1914-1919)" (Guillaume Richard)
"Le code en tant qu’accomplissement pratique. Respécification ethnométhodologique et cas d’étude égyptien" (Baudouin Dupret)
"L’invention du droit en Occident. Une lecture d’Aldo Schiavone" (Thibaud Lanfranchi)
"Le droit au service de l’égalité ? Comparaison des sociologies du droit de la non-discrimination française et états-unienne" (Vincent-Arnaud Chappe)
"Gender and judging, ou le droit à l’épreuve des études de genre" (Arthur Vuattoux)
"Les droits de l’homme : un cas limite pour le positivisme juridique" (Anna Zielinska)
"Du droit comme discours et comme dispositif" (Sonia Desmoulins-Canselier)
"John Dewey et l’expérience du droit. La philosophie juridique à l’épreuve du pragmatisme " (Liora Israël et Jean Grosdidier)
"Gouvernement-manageur et citoyens-consommateurs. Le cas du Criminal Justice Act 1991" (Nicolas Lacey)
"Indisponibilité, service public, usage. Trois concepts fondamentaux pour le « commun » et les « biens communs" (Paolo Napoli)
"Le droit en situation. Entretien avec Pierre Lascoumes" (Guillaume Calafat/Arnaud Fossier)
More information (fulltext-acces to the introductory article, abstracts) on revues.org or cairn.info (fulltext for subscribers).
LECTURE: Esin Örücü, ‘One Into Three: Spreading the Word – Three Into One: Creating a Civil Law System’
In addition, this marks the fiftieth anniversary of the Center of Civil Law Studies, directed by our own Vice President Olivier Moréteau. The Center has been, and remains, very important to the different traditions that make up Louisiana law (and the law of many other jurisdictions).
Professor Örücü’s presentation is entitled ‘One Into Three: Spreading the Word – Three Into One: Creating a Civil Law System’. The LSU Law Worldwide Blog describes it in the following manner:
This lecture will consider “one into three”, since the now monolingual Louisiana Civil Code is being translated into French and Spanish, defining this as ‘spreading the word’. The Louisiana Civil Code Translation Project Conference in 2014 called this expansion, ‘enhancing visibility’. A well-known instance of this kind is also the monolingual Dutch Code being converted, by translation, into a trilingual Code (Dutch, French and English), that is another “one into three”. There is also the instance of the translation of the bilingual Quebec Code (originally in French and English) into Spanish, thus creating yet another trilingual Code, rivalling the Louisiana one, this time “two into three”. Then there is the Fisher’s translation of the Civil Code of Philippines from Spanish into English, “one into two”.
The lecture will start by looking at some general concerns such as language, culture, transpositions, neologisms, equivalence, mistranslations and then move onto illustrating these issues through the experience of Turkey with her process of total and global modernization, westernization, secularization, democratization and constitutionalism.
In this way, before considering the Louisiana case, the lecture will deal with the translation into Turkish from the already trilingual Swiss Civil Code, seemingly a “three into one” case, though only the French version was used by the Turkish translators. This is defined as ‘creating a civil law system’, converting within the span of five years, via five Codes, the efforts of reform resting solely on import and translation from major continental Codes both as to form and content, creating a civilian legal system out of a mixed one.
Finally, a crucial question related to all translated codes will be posed: why translate a code? Aims and reasons which vary will be analysed bringing the lecture to a close.
WORKSHOP: The Making of Commercial Law; Small, Medium-Sized and Large Companies in Law and Economic Practice (Brussels, 21-22 May 2015)
The Free University of Brussels (VUB), Research Group CORE (Contextual Research in Law) organizes a two-day workshop in the project "The Making of Commercial Law" (Helsinki/VUB/Frankfurt/Lille-II).
The goal of this workshop is to bring together scholars who have worked on the interactions between law and economic practice, and to address topics concerning the history of business ventures, from the Middle Ages until c. 1900. The papers of participants assess differences with regard to the size of partnerships and companies. Over the past years, limited and general partnerships have received ample attention from economic and legal historians. Organizational laws containing structural models for small enterprises (e.g. the French sprl and German GmbH) have been held up to the light. Doctrine and case law concerning partnerships have been analyzed. It seems that in both legal and economic practice, and for all periods mentioned, smaller companies mattered more than has previously been thought, and even in periods in which corporations existed. In view of this, many ideas about companies and firms – large and small – can be reconsidered. Topics that will be discussed during the workshop are, among others, legal personhood, limited liability, corporate finance, and corporate governance.
The workshop is the second in a series on the history of commercial law, organized during the 2014-2017 period in Helsinki, Brussels and Frankfurt. The conferences will be organized in the framework of the project “The making of commercial law: common practices and national legal rules from the early modern period to the modern period". Programme:
Thursday 21 May 20159h coffee
9h30-10h50 first session
- Ulla Kypta (Goethe-Universität Frankfurt), Associates or Agents? Trading Enterprises in Northern and Southern Germany in the Late Middle Ages
- Bart Lambert (University of York) Making Size Matter Less: Italian Merchant Guilds as Tools for Capital Redistribution in Late Medieval Bruges
11h05-12h35 second session
- Anja Amend-Traut (Würzburg Universität), Structure of Early Enterprises – from Commenda-like Arrangements to Chartered Joint-Stock Companies (Early Modern Period)
- Luisa Brunori (Université Paris Sud 11 – Université Lille 2), The Secunda Scholastica and the Commercial Company: Persons and Capital in the 16th and 17th Centuries
14h-15h20 third session
- Bram Vanhofstraeten (Maastricht University), Small-scale and Medium-sized Industrial Enterprises in Seventeenth-Century Liège
- Julie Hardwick (University of Texas), 'She Failed to Make a Book': Account Books, Small Enterprises and Emerging Practices of Record Keeping in Early Modern Lyon
15h35-17h fourth session
- Stefania Gialdroni (Roma Trè, Arcadia University), Incorporation and Limited Liability in the English EIC: an Uneasy Relationship
- Jelten Baguet (Vrije Universiteit Brussels), Corporate Governance in a Small-Scale Pre-Modern Maritime Enterprise: The Case of the Ostend Company (1722-1731)
Friday 22 May 2015 9h coffee
9h30-10h50 fifth session
- Carlos Petit (Universidad de Huelva), From Commercial Guild to Commercial Law. Spanish Company Regulations, 1737-1848.
- Annamaria Monti (Bocconi University), Italian Late 19th-Century Companies: Size and Corporate Governance
11h05-12h25 sixth session
- Ron Harris (Tel Aviv University), Private companies in 19th century England
- Dag Michalsen (Oslo University), The Development of Norwegian Company Law 1875-1910
14h-15h20 seventh session
- Joeri Vananroye (KU Leuven), Partnerships in 19th-20th c. French and Belgian Doctrine
- Dave De ruysscher (Vrije Universiteit Brussels), Small Companies, Contractual Leeway and Third-Party Protection (Belgium, c. 1830-c. 1850)
15h45-17h10 eighth session
- Edouard Richard (Université de Rennes), The Banque d’Union générale: legal aspects of its shut-down (1878-1885).
- Matthijs de Jongh (Hoge Raad, The Hague), Fuzzy Borders: Dutch Partnership and Company law in the Second Half of the 18th Century.
SQUARE Brussels Meeting Centre (www.square-brussels.com/, Glass Entrance, rue Mont des Arts, B-1000 Brussels), Brussels
Entrance is free, but registration is required. The final date is 15 April 2015. Please send an email to firstname.lastname@example.org. Papers will be sent to participants. Source: Nomôdos.
ARTICLE ANNOUNCEMENT: Emerging African Jurisprudence Suggesting the Desirability of the Abolition of Capital Punishment
Click here for further information and to download the article.
The Law of Divorce and Dissolution of Life Partnerships in South Africa provides a detailed exposition and analysis of the law relating to the termination of civil unions, civil marriages, customary marriages, Muslim marriages and Hindu marriages by divorce. The publication also offers an in-depth discussion and analysis of the law relating to the dissolution of life (domestic) partnerships. Written by a team of subject specialists, it provides a rich source of expertise.
The book is divided into five parts. Part 1 focuses on the dissolution of civil marriages and civil unions by divorce. This part deals with the grounds for divorce, the personal and financial consequences of divorce, and the position of minor and dependent children of divorced or divorcing spouses or civil union partners. Part 2 focuses on all aspects of divorce in customary marriages, while Part 3 concerns divorce in Muslim marriages and Hindu marriages. Part 4 addresses all aspects relating to the dissolution of a life partnership. The final part of the book — Part 5 — considers issues that are of general application to divorce and the dissolution of life partnerships. These issues are domestic violence; jurisdiction, procedure, and costs; mediation and other forms of alternative dispute resolution; and conflict of laws.
Click here to download the brochure of this publication.
CALL FOR APPLICATIONS: 3 Visiting Fellowships (2016) – Institute for European Global Studies, University of Basel
The Institute for European Global Studies is an interdisciplinary research Institute at Switzerland’s oldest university, the University of Basel. With an established study program on the MA level and a doctoral program in the planning stage, the Institute develops new concepts and methodologies designed to reveal the close interconnectedness between Europe, Asia and Africa across cultural, geographic, and linguistic borders and the consequences of such entanglements on the global and the local level.
The Institute particularly welcomes applications from researchers who are interested in investigating agencies and actors in global contexts as well as in adopting a conceptual approach beyond the nation state. Projects should fit the general research perspective of the Institute and at the same time engage with the topic of Scaling Regions which covers transterritorial concepts and border-crossing methodologies.
The deadline for application is May 15, 2015.
For more information, please see the call for applications at https://europa.unibas.ch/en/institute/career-opportunities/ .
CONFERENCE REPORT: Dutch-Belgian Legal History Colloquium (Brussels: VUB, 11-12 Dec 2014) (by Maarten Vankeersbilck, Ghent)
Maarten Vankeersbilck graduated as Master in Law (Ghent, 2011) and took a specialized Master in European and International Law (VUB, 2012). From 1 October 2012 on, he works as an academic assistant at the Ghent Legal History Institute, where he focuses on the codification and development of civil procedure in Belgium, under the direction of Prof. D. Heirbaut.
On Thursday December 11 and Friday December 12, 2014, the Belgian-Dutch Legal Historian Colloquium took place at the Free University of Brussels (VUB, see announcement earlier on this blog). Since the early 1970s, this bi-annual (and at times annual event) has been alternately organized by either a Belgian or a Dutch university. From the start, this forum promoted inter-universitary cooperation in the Low Countries. Young researchers traditionally receive the opportunity to disperse their findings to their peers.
Fertile ground indeed, as we were welcomed by professor dr. Dirk Heirbaut (Ghent University), who himself is a longtime participant and presided the first panel on comparative legal history. First speaker was dr. Agustin Parise (Maastricht University) who applied the methodology developed in his dissertation to the case of the Dutch Burgerlijk Wetboek (1838) and the Argentinian Código Civil (1871), studying the influence of aforementioned Burgerlijk Wetboek on Argentines own codification. Next was Dr. Janwillem Oosterhuis (Maastricht University) who presented his research on the impact of World War I (and its aftermath) on the concept of ‘Unexpected Circumstances’.
The organizer, professor dr. Dave De ruysscher, presided the next panel on Public Law in which Matthias Castelein (Catholic University of Leuven) presented his first findings of his dissertational research on the complicated relationship between the divided local traditions of Corsicaand those of the new sovereign rulers of Liguria who had a more egalitarian and centralistic approach. Maarten Colette(Free University of Brussels) closed the morning sessions discussing Rousseau’s concept of liberty sparking a lively discussion on the interpretation of Rousseauhimself.
The afternoon session on International Law opened under de presidency of professor dr. Randall Lesaffer (Tilburg University and Catholic University of Leuven). Dr. Mieke van der Linden(Catholic University of Leuven), who recently successfully defended her dissertation, gave us a glimpse on her thesis by presenting Euro-centrism within 19thCentury International Law by studying the legal and political justification of New Imperialism (1870-1914). Could international law be applied to all peoples? Was it a European creation or a product of the confrontation between European states with non-European political entities? Shavana Mussa (Tilburg University) took us to the 17thcentury and discussed the end of the first Anglo-Dutch war (1652-1654) and the negotiations leading up to the Treaty of Westminster (1654). She focused on the remarkable arbitration commission that resulted from it, adding another peacemaking-tool to the arsenal of International Law. From one conflict to another, dr. Frederik Dhondt (Ghent University) discussed the Spanish Succession. He demonstrated how Vatteland Réal de Curban took a different strand of argumentation from respectively a Protestant-Swiss and a French point of view. Both used historical material implying a degree of objectivity but by the selective use of exempla continued the war on paper. Where Vattel rose to fame in International Law, Réal is less known resulting in a one-sided image of the war in legal doctrine.
French revolutionaries committed themselves to draft a constitution that would reconcile the organisation of the French state with modern ideas such as sovereignty of the people and the separation of powers. Amongst other things, this refers to the question of who can declare war, supervise diplomatic relations,… Dr. Raymond Kubbenpainted the picture of the administrative direction of foreign relations in Benjamin Constants constitutional thinking. Inge Van Hulle (Catholic University of Leuven) closed the first day with a contribution on the concept of ‘sphere of influence’ in International Law (1870-1920). Even though this concept is strongly associated with the Cold War, Ms. Van Hulle proved its relevance in the international discourse and state practice at the end of the 19thcentury.
The forum resumed its operations the next day with an extensive session on administrative and constitutional law under the presidency of Kees Cappon (University of Amsterdam). Nestor professor dr. Paul Nève (Tilburg University) shed his light on the transformations of Maastricht’s double government (the city had two schepenbanken and two ‘mayors’, the bishop of Liège and the duke of Brabant) at the end of the 14thcentury (1378-1409) and the defining role of Anthony of Burgundy. Lukas van den Berge (Utrecht University) discussed the admissibility of administrative jurisdiction in Dutch doctrine by studying the arguments made in the beginning of the 19thcentury by legal scholar Antonius Struyckenand Jan Loeff. From the Netherlands Brecht Deseure(Free University of Brussels) brought us back to Belgium by studying the (degree of) recuperation of the ideas of old constitutions, as symbols of the old freedoms, by Belgian revolutionaries in 1830 and in which way these constitutions were a beacon of resistance under the French occupation.
After the coffee break, the colloquium resumed with a session on Private Law. Wouter Druwé (Catholic University of Leuven) addressed the question of whether or not the writ of debt was actually an English condictio, Marten Reijntjes (Groningen University) presented a historical perspective on the civil responsibility of judges overstepping the deontological boundaries of their function. Lastly, Benoît Lagasse (University of Liège) presented his planned dissertation on 17th century Liégois lawyer Charles de Méan, detectingthe influence of roman law and Liège customary law aspects of Private Law in Charles de Méans’ work Observationes et res judicatae ad jus civile Leodiensium.
Respecting the chronology, the final panel was on contemporary legal history. In the spirit of the Belgian-Dutch cooperation, dr. Sebastiaan Vandenbogaerde (Ghent University) discussed the use of Dutch language in Belgium’s legal periodicals and tried to unveil possible international relations, or is law really a nationalist theme? Dr. Bruno Debaenst (Ghent University) on the other hand turned his gaze to the international forum again with a contribution on the cradle of a social Europe indicating the role played by the international congresses on labour accidents and social insurances.
The colloquium was formally closed by the dean of the Brussels Law Faculty, professor dr. Wilfried Rauws, who showed his sympathy towards legal history. He emphasized and reminded the attendees of the importance of legal history and plead for its conservation in Belgian universities. Encouraging, in times were academic curricula are under pressure by an abundance of ever more specialized courses on positive law.