Comparative Law News

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

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

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

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

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

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

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

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

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

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

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

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

The full programme can be downloaded here.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

BOOK: Sue PEABODY, Madeleine’s Children : Family, Freedom, Secrets, and Lies in France’s Indian Ocean Colonies (Oxford: Oxford University Press, 2017). ISBN 9780190233884, $35.00

(Source: Oxford University Press)
Last year, Oxford University Press published a book which deals with the history of a slave’s quest to attain his freedom in court in France’s 18th-19thIndian Ocean colonies.
Madeleine's Children uncovers a multigenerational saga of an enslaved family in India and two islands, Réunion and Mauritius, in the eastern empires of France and Britain during the eighteenth and nineteenth centuries. A tale of legal intrigue, it reveals the lives and secret relationships between slaves and free people that have remained obscure for two centuries.
As a child, Madeleine was pawned by her impoverished family and became the slave of a French woman in Bengal. She accompanied her mistress to France as a teenager, but she did not challenge her enslavement there on the basis of France's Free Soil principle, a consideration that did not come to light until future lawyers investigated her story. In France, a new master and mistress purchased her, despite laws prohibiting the sale of slaves within the kingdom. The couple transported Madeleine across the ocean to their plantation in the Indian Ocean colonies, where she eventually gave birth to three children: Maurice, Constance, and Furcy. One died a slave and two eventually became free, but under very different circumstances. On 21 November 1817, Furcy exited the gates of his master's mansion and declared himself a free man. The lawsuit waged by Furcy to challenge his wrongful enslavement ultimately brought him before the Royal Court of Paris, despite the extreme measures that his putative master, Joseph Lory, deployed to retain him as his slave. 
A meticulous work of archival detection, Madeleine's Children investigates the cunning, clandestine, and brutal strategies that masters devised to keep slaves under their control-and paints a vivid picture of the unique and evolving meanings of slavery and freedom in the Indian Ocean world.
Sue Peabody is Meyer Distinguished Professor of Liberal Arts and History at Washington State University Vancouver. She is the author of "There Are No Slaves in France": The Political Culture of Race and Slavery in the Ancien Regime (OUP, 1996) and the co-editor of The Color of Liberty: Histories of Race in France and Slavery, Freedom and the Law in the Atlantic World.
Introduction1. Madeleine: A Child Slave in Pre-Colonial India2. Crossings: Oceans, Islands, and Free Soil3. Madeleine's Children: Family Secrets4. The Revolution: Emancipation without Freedom5. The Limits of Law: Madeleine's Betrayal6. A Perfect Storm7. Incendiary Arguments, Justice Suspended8. English Liberties9. Freedom Papers Hidden in His Shoe10. Damages and InterestAfterwordAppendicesNotesIndex
More information with the publisher
Categories: Comparative Law News

BOOK: Jill NORGREN, Stories from Trailblazing Women Lawyers - Lives in the Law (New York: NYU Press, 2018). ISBN 9781479865963, $30.00

(Source: NYU Press)
NYU Press had just published a book which deals with the stories of 100 senior woman lawyers who broke the glass ceiling in the US legal profession starting from the 2ndhalf of the 20th century.
The captivating story of how a diverse group of women, including Janet Reno and Ruth Bader Ginsburg, broke the glass ceiling and changed the modern legal profession

In Stories from Trailblazing Women Lawyers, award-winning legal historian Jill Norgren curates the oral histories of one hundred extraordinary American women lawyers who changed the profession of law. Many of these stories are being told for the first time. As adults these women were on the front lines fighting for access to law schools and good legal careers. They challenged established rules and broke the law’s glass ceiling.Norgren uses these interviews to describe the profound changes that began in the late 1960s, interweaving social and legal history with the women’s individual experiences.

In 1950, when many of the subjects of this book were children, the terms of engagement were clear: only a few women would be admitted each year to American law schools and after graduation their professional opportunities would never equal those open to similarly qualified men. Harvard Law School did not even begin to admit women until 1950. At many law schools, well into the 1970s, men told female students that they were taking a place that might be better used by a male student who would have a career, not babies.

In 2005 the American Bar Association’s Commission on Women in the Profession initiated a national oral history project named the Women Trailblazers in the Law initiative: One hundred outstanding senior women lawyers were asked to give their personal and professional histories in interviews conducted by younger colleagues. The interviews, made available to the author, permit these women to be written into history in their words, words that evoke pain as well as celebration, humor, and somber reflection. These are women attorneys who, in courtrooms, classrooms, government agencies, and NGOs have rattled the world with insistent and successful demands to reshape their profession and their society. They are women who brought nothing short of a revolution to the profession of law.
Jill Norgren is Professor Emerita of Political Science at John Jay College and the Graduate Center, The City University of New York. She is the author of several books, including Rebels at the Bar: The Fascinating, Forgotten Stories of America’s First Women Lawyers (NYU, 2013), and Belva Lockwood: The Women Who Would Be President (NYU, 2007). 
Preface and Acknowledgments ixIntroduction: Against the Odds 11 Cataloguing Childhood Influences 192 The Lure of Law 363 Law School: "You're Taking a Man's Place" 514 Work Profiles: The Post-World War I Generation 75
More information with the publisher
Categories: Comparative Law News

BOOK: Andréas KALLERGIS, La compétence fiscale [Nouvelle Bibliothèque de Thèses; 175] (Paris: Dalloz, 2018), 1036 p. ISBN 9782247178070, € 75

Book abstract:
Pour identifier des limites internationales de la liberté de l'État en matière fiscale, il convient d'étudier non seulement sa compétence fiscale - envers qui il peut exercer le pouvoir fiscal - mais aussi son pouvoir fiscal - ce qu'il peut faire dans l'exercice de ce pouvoir. Ces éléments sont éclaircis à travers l'analyse de la pratique étatique et de la jurisprudence internationale. La compétence fiscale de l'État ne repose pas sur une habilitation par l'ordre juridique international, mais doit être appréhendée sous le prisme des deux faces de l'État : personne publique et sujet de droit international. D'une part, les États disposent d'un pouvoir fiscal originaire de leur constitution comme personnes publiques souveraines. D'une autre part, en tant que sujets de droit international, ils peuvent se reconnaître des droits et des obligations subjectifs, et donc aménager l'exercice de leurs pouvoirs fiscaux par la détermination des sphères de leurs compétences par la conclusion d'engagements interétatiques. En dehors de cette hypothèse, les critères de rattachement fiscal sont des représentations d'une relation entre l'État et le sujet ou l'objet de l'impôt selon l'appréciation de l'État normateur, et non pas des règles certaines de compétence internationale. La liberté de l'État de déterminer le contenu de son pouvoir fiscal est encadrée de manière rudimentaire par le droit international. Cet encadrement implique essentiellement l'inopposabilité des normes fiscales d'effet extraterritorial et l'interdiction de réalisation d'opérations matérielles en territoire étranger. Pour autant, parce qu'il est souverain, l'État peut consentir à des limitations de son pouvoir fiscal dans le cadre de la coopération ou l'intégration internationale, sans que le titre de son pouvoir ne soit contesté.More information with the publisher.
Categories: Comparative Law News

CALL FOR PAPERS: The League of Nations and International law, 1919-1945 (Copenhagen, 13-14 JUN 2019); DEADLINE 1 NOV 2018

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The historiography of international law of the 19th and 20th centuries has grown rapidly in the last decades around the excellent work of the legal scholar Martti Koskenniemi and the new Journal of the History of International Law. However, this new wave of scholarship focuses primarily on intellectual history based on biographical studies of leading jurists. Generally, scholars of international legal history have not followed in the footsteps of recent historiographical developments in the fields of human rights or EU law, where historians have systematically used archival resources to go beyond intellectual history and explore the actual legal practice situated in different societal contexts. As a result, historiography of international law has to some extent neglected how the rise of international organisations, and in particular the foundation of the League of Nations (LoN) system, created new legal techniques and shaped the development of international law. Turning to the new historiography of international organisations a similar pattern emerges.
While historians in the last decade have fundamentally reassessed the history of the League of Nations, they have not explored its legal dimension. The same goes for recent studies of the technical international organisations that were established from the mid-19th century onwards and became part of the LoN system after 1919.

This conference wants to promote a new legal history that explores how the LoN system influenced the development of international law from 1919-1945 based on systematic research of international,
state and private archives and a contextual approach to the object of study.
This call is interested in archive based research papers that address:
- How the League of Nation system, including the ILO and the Permanent Court of International Justice, shaped the development of international law.
- The role of law, legal techniques and jurists in the institutional and administrative development of the League of Nation system.
- The role of law and legal techniques in the development of LoN policies and regulatory efforts.
- The professionalisation of academics and practitioners of international law
- Network or biographical approaches to exploring the key actors of the legal history of League of Nation system.
- Analyses of how League of Nation member states (as well as key non-member states such as the United States) incorporated international law and legal techniques in their foreign policy.

The conference is meant to be a first meeting between researchers sharing the agenda outlined above. The aim is that methodological challenges can be identified and the contextual approach to legal history can be further refined. There will be a follow-up conference by the end of 2020 aimed to prepare the papers for a final publication with a leading international publishing house.

The conference is part of a new collective research project running at the University of Copenhagen from 2018 to 2020 entitled: Laying the Foundations – The League of Nation and International Law, 1919-1945 -

We welcome abstracts (in English) of a maximum of 400 words by 1 November 2018. Abstracts should be sent to Associate Professor Morten Rasmussen (University of Copenhagen)
The organization will cover expenses of 2-3 nights of hotel accommodation as well as travel expenses.
Categories: Comparative Law News

BOOK REVIEW: S. Jonathan WIESEN on James Q. WHITMAN, Hitler's American Model (American Historical Review, CXXIII (2018), No. 3 (June)

(image source: Princeton UP)
S. Jonathan Wiesen (Southern Illinois University Carbondale) reviewed James Q. Whitman recent's book Hitler's American Model: The United States and the Making of Nazi Race Law (Princeton: Princeton UP, 2017).

First paragraph:
The Nazis were obsessed with the United States. They were intrigued by the supposed crassness of American mass culture and the deficiencies of democracy, and they paid particular attention to race and racism. As recent scholarship has shown, both party ideologues and scholars in the Third Reich considered the treatment of African Americans and Jews in the U.S., and they were in regular conversation with American eugenicists, who pioneered the forced sterilization programs adopted by several U.S. states. What is less known, and what James Q. Whitman impressively addresses in Hitler’s American Model: The United States and the Making of Nazi Race Law, is the extent to which American race laws actually influenced Nazi policies toward Germany’s minorities.Read more on the Oxford Journals website.
More information on the book with the publisher.
Categories: Comparative Law News

BOOK: Eric M. FREEMAN, Making Habeas Work. A Legal History (New York: NYU Press, 2018), 208 p. ISBN 9781479870974, $ 45

(image source: NYU Press)
Book abstract:
A reconsideration of the writ of habeas corpus casts new light on a range of current issues 
Habeas corpus, the storied Great Writ of Liberty, is a judicial order that requires government officials to produce a prisoner in court, persuade an independent judge of the correctness of their claimed factual and legal justifications for the individual’s imprisonment, or else release the captive. Frequently the officials resist being called to account.  Much of the history of the rule of law, including the history being made today, has emerged from the resulting clashes. 
This book, heavily based on primary sources from the colonial and early national periods and significant original research in the New Hampshire State Archives, enriches our understanding of the past and draws lessons for the present.
Using dozens of previously unknown examples, Professor Freedman shows how the writ of habeas corpus has been just one part of an intricate machinery for securing freedom under law, and explores the lessons this history holds for some of today’s most pressing problems including terrorism, the Guantanamo Bay detentions, immigration, Brexit, and domestic violence.
Exploring landmark cases of the past - like that of John Peter Zenger - from new angles and expanding the definition of habeas corpus from a formal one to a functional one, Making Habeas Work brings to light the stories of many people previously overlooked (like the free black woman Zipporah, defendant in “the case of the headless baby”) because their cases did not bear the label “habeas corpus.”
The resulting insights lead to forward-thinking recommendations for strengthening the rule of law to insure that it endures into the future.More information with the publisher.
Categories: Comparative Law News

NEWSPAPER CONTRIBUTION: Why is it always the State's fault ? (Michael Stolleis, Frankfurter Allgemeine Zeitung, 6 June 2018)

(image source: tetralog)
Our colleagues from the Max Planck Institute for European Legal History drew our attention to a contribution by the Institute's Director Emeritus, Prof. em. dr. dr. h.c. mult. Michael Stolleis, in last week's Frankfurter Allgemeine Zeitung.

First paragraph:
Staatsversagen“ ist in den letzten Jahren nicht nur ein Allerweltswort, sondern auch eine Waffe geworden. Verwendet wird es als diffuse und pauschale Schuldzuweisung an die anonyme Chiffre „Staat“. Versagt haben sollen Politiker, Behörden, „die Polizei“, „die Justiz“, alle Verantwortlichen – die „da oben“. Wer das Wort Staatsversagen gebraucht, muss nicht genau sagen, wo das angebliche Übel steckt. Es scheint zu genügen, die anonyme Instanz „Staat“ anzuklagen, eine Instanz, von der man Leistungen erwartet, einfach weil man Steuern zahlt.Read more on the FAZ website.
Categories: Comparative Law News


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1° For information regarding the 5th Biennial Conference, contact prof. Jean-Louis Halpérin (ENS) directly through mail (as indicated on the blog)
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Categories: Comparative Law News