31 July 2014

CALL FOR PAPERS: 10th International Workshop for Young Scholars

The European Law Journal, HEC Paris and the Center for Research on Transnational Law (CTL), Peking University School of Transnational Law (PKUSTL), Peking University Shenzhen Graduate School, are welcoming proposals for presentation at the 10th International Workshop for Young Scholars (WISH). This workshop builds on the success of the previous editions held annually since 2002 under the scientific direction of Prof. Francis Snyder. It offers outstanding young scholars an opportunity to present their best research work in a professional academic setting to an audience of other young scholars and more senior academics.

TOPICS: Contributions are invited on relevant topics identified by the applicant, including the following non exhaustive themes:

Global Risk Regulation and Domestic Institutions and Processes
- How to source expertise (closed vs open source models, conflict of interest, etc)
- How to integrate expertise (institutional design issues)
- Multi-level Governance

BOOK: Comparative Law and International Organisations

Comparative Law and International OrganisationsWe're pleased to note the publication of Colin Picker, Lukas Heckendorn Urscheler, and Daria Solenik (eds), Comparative Law and International Organisations: Cooperation, Competition and Connections (2014) by Schulthess.

The book was the fruit of a symposium held at the Swiss Institute of Comparative Law in 2010, a spin-off of our Juris Diversitas Conference there in 2009 (resulting in Comparative Law and Hybrid Legal Traditions):

As international organizations consist of member states with different legal orders and are generally active in many different legal systems, it seems obvious that comparative law is of relevance. Furthermore, with the growing importance of international organizations, analyzing the interrelationship between the two is therefore of utmost importance....

The symposium brought together academic scholars, including international organization and comparative law experts, and participants from the European Court of Human Rights, European Commission for the Efficiency of Justice, Hague Conference on Private International Law, ICC Commission on Arbitration, International Criminal Court, and the UND. 

Recommended. SPD

30 July 2014

SEMINAR: Pluralism, Religious Diversity and Methodology

In the filed of the Research Projects JPs (Jurisdiction and pluralisms), the University of Trieste organizes an international seminar on "Pluralism, Religious  Diversity and Methodology". The seminar will be held in Trieste (Italy) on Friday, September, 12th, 2014.
Click here for the program of the seminar.
Click here for further information about JPs

29 July 2014

BOOK: Halpérin's Five Legal Revolutions Since the 17th Century: An Analysis of a Global Legal History

Jean-Louis Halpérin's Five Legal Revolutions Since the 17th Century: An Analysis of a Global Legal History (Springer) has been published:

This book presents an analysis of global legal history in Modern times, questioning the effect of political revolutions since the 17th century on the legal field. Readers will discover a non-linear approach to legal history as this work investigates the ways in which law is created. These chapters look at factors in legal revolution such as the role of agents, the policy of applying and publicising legal norms, codification and the orientations of legal writing, and there is a focus on the publicization of law.

The author uses Herbert Hart’s schemes to conceive law as a human artefact or convention, being the union between primary rules of obligations and secondary rules conferring powers. Here we learn about those secondary rules and the legal construction of the Modern state, and we question the extent to which codification and law reporting were likely to revolutionize the legal field.

These chapters examine the hypothesis of a legal revolution that could have concerned many countries in modern times. To begin with, the book considers the legal aspect of the construction of Modern States in the 17th and 18th centuries. It goes on to examine the consequences of the codification movement as a legal revolution before looking at the so-called “constitutional” revolution, linked with the extension of judicial review in many countries after World War II. Finally, the book enquires into the construction of an EU legal order and international law.

In each of these chapters, the author measures the scope of the change, how the secondary rules are concerned, the role of the professional lawyers and what are the characters of the new configuration of the legal field. This book provokes new debates in legal philosophy about the rule of change and will be of particular interest to researchers in the fields of law, theories of law, legal history, philosophy of law and historians more broadly.​

Recommended. - SPD

BOOK: Common Law Legal English and Grammar

Alison Riley and Patricia Sours, Common Law Legal English and Grammar: A Contextual Approach (Hart Publishing) has been published:

Lord Denning, an influential but controversial English judge, stated that 'Words are the lawyer's tools of trade'. This course book reflects that conviction as it focuses on words, the language of the law - legal terms, expressions, and grammar - introduced systematically with relevant aspects of the law, and examined in context through analytical reading activities based on original legal texts selected for their interest and importance in different branches of the common law system. This book explores constitutional law, criminal law, tort, and contract; yet includes international legal contexts, with a particular focus on human rights and European law.
The presentation of legal concepts and terminology in context in each chapter is graded so that the course progresses, building on the vocabulary and law encountered in earlier chapters. Each chapter, organized thematically, includes a series of activities - tasks - to complete, yet the book does not presuppose previous knowledge of legal English or of the common law: full answer keys and reflective commentary on both legal and linguistic aspects are given and sections marked 'Advanced' offer especially challenging materials. Consolidation sections are designed to test students' global comprehension of the legal texts analysed, including precise usage of legal vocabulary in context, with solutions.
Common Law Legal English and Grammar is addressed to the non-native speaker of English, and in particular, intermediate to advanced students who are studying law, or academics with a professional interest in Anglo-American law. Practising lawyers will also find that the book offers valuable analysis of the language of legal documents.

CONFERENCE: Diversity and the Courts: Judicial Pluralism in India

The conference will take place at The University of Turin, Italy on September 18th and 19th 2014.
Click here for the program.

JOURNAL: The Theory and Practice of Legislation

The latest issue of The Theory and Practice of Legislation (Hart Publishing) is out. 
It includes:

Introduction: The Legitimacy of EU Secondary Legislation
Wim Voermans and Josephine M.R. Hartmann

The Quest for Legitimacy in EU Secondary Legislation
Wim Voermans, Josephine M.R. Hartmann and Michael Kaeding

Abstract: According to classic democratic theory legislative decision-making presupposes some involvement of the people or their representatives. Their involvement is a prerequisite for the legitimacy of enacted legislation. At the same time, however, the lack of public involvement is a weak spot of EU legislative decision-making. This represents a growing problem because the European Union (EU) is built on and predominantly governed by EU law that is enacted in EU-legislation without direct input from the people. In fact more than 75% of EU legislation is currently enacted by the European Commission (EC). This lack of democratic pedigree of so-called ‘EU secondary legislation’ allegedly causes various legitimacy-related problems at the EU level. With the introduction of a new system on delegated and implementing acts by the Treaty of Lisbon, the EU however aims to address the apparent democratic deficit. This contribution takes up this call and against this backdrop answers the question whether the Lisbon ‘arrangements’ have, indeed, changed ‘things for the better’. It presents a legitimacy review of the post-Lisbon regime on delegated and implementing acts of the last four years. We first look into the concept of legitimacy of EU secondary legislation to assess the post-Lisbon developments. After focusing on the question of whether the legitimacy of secondary legislation has increased since the Lisbon Treaty and in what respect we then turn to the Lisbon institutional and procedural empowerment of the European Parliament in the legislative procedure to see whether it has, in reality, increased the Parliament’s influence and control of EU legislation vis à vis the Council and the Commission. Our findings suggest that the high expectations for improving the legitimacy of EU secondary legislation have not (yet) materialized. Furthermore, facts and figures give cause for doubt as to the feasibility of achieving this objective in the near future.

JOURNAL: Transnational Legal Theory

The latest issue of Transnational Legal Theory (Hart Publishing) is out.
It includes:

Transnational Human Rights Litigation and Territorialised Knowledge: Kiobel and the ‘Politics of Space’
Philip Liste

Abstract: In Kiobel v Royal Dutch Petroleum, Dutch and British private corporations were accused of having aided and abetted the violation of the human rights of individuals in Nigeria. A lawsuit, however, was brought in the United States, relying on the Alien Tort Statute—part of a Judiciary Act from 1789. In its final decision on the case, the US Supreme Court focused strongly on ‘territory’. This use of a spatial category calls for closer scrutiny of how the making of legal arguments presupposes ‘spatial knowledge’, especially in the field of transnational human rights litigation. Space is hardly a neutral category. What is at stake is normativity on a global scale with the domestic courtroom turned into a site of spatial contestation. This paper explores the construction of ‘the transnational’ as space, which implicates a ‘politics of space’ at work underneath the exposed surface of legal argumentation. The ‘Kiobel situation’ is addressed as a case belonging to a broader picture, including the following contested elements of space: a particular spatial condition of modern nation-state territoriality; the production of ‘counter-space’, eventually undermining the spatial regime of inter-state society; and the state not accepting its withering away. How are normative boundaries between the involved jurisdictional spaces drawn? How does the ‘politics of space’ work underneath or beyond the plain moments of judicial decision-making? How territorialised is the legal knowledge at work and how does territoriality work in legal arguments?

ARTICLE: Mootz on Hermeneutics and Law

Francis J. Mootz IIIFrancis Joseph Mootz's 'Hermeneutics and Law', to be included in N Keane and C Lawn (eds), The Blackwell Companion to Hermeneutics is available on SSRN:
This chapter will appear in a forthcoming book on hermeneutics. After providing a hermeneutical phenomenology of legal practice that locates legal interpretation at the center of the rule of law, the chapter considers three important hermeneutical themes:

(1) the critical distinction between a legal historian writing aboout a law in the past and a judge deciding a case according to the law;

(2) the reinvigoration of the natural law tradition against the reductive characteristics of legal positivism by consturing human nature as hermeneutical; and

(3) the role of philosophical hermeneutics in grounding critical legal theory rather than serving as a quiescent acceptance of the status quo, as elaborated by reconsidering the famous exchanges between Gadamer, Ricoeur and Habermas.

I argue that these three important themes are sufficient to underwrite Gadamer's famous assertion that legal practice has exemplary status for hermeneutical theory. 

BOOK: Birks on The Roman Law of Obligations

The Roman Law of Obligations*** Exclusive 30% discount from Oxford University Press ***

Peter Birks
Edited by Eric Descheemaeker
Now: £35.00 (was £50.00)

The Roman Law of Obligations presents a series of lectures delivered by the late Peter Birks as an introductory course in Roman law. Discovered in complete manuscript form following his death, the lectures are published here for the first time.

Customers can claim the discount by visiting our website at www.oup.co.uk/law , adding a book to the shopping basket, and entering the code ALAUTH14 in the promotional code box.

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