26 July 2024

Cultures and Law - Cultures et droit

 

Call For Submissions: American University Law Review, Spring 2025 Symposium, Law and Popular Culture @AmULRev

The American University Law Review has issued a Call For Papers for its annual symposium. Here is the call.

The American University Law Review is placing a call for submissions of original legal articles and scholarly commentaries for its forthcoming issue dedicated to pop culture and the law. Specifically, the Law Review seeks submissions analyzing the sports, media and entertainment, fashion, and social media industries and their effect on the law. However, other topics related to pop culture will be considered. The target publication date is slated for mid-2025.

Next year, the Law Review’s Spring Symposium will be held on February 7, 2025. This symposium will explore and engage with burgeoning legal issues in pop culture. Selected authors may have the opportunity to present their work as a panelist in the Symposium, but participation is not a requirement for consideration.


Legal imaginaries across the Asia-Pacific: Vernacular laws and literatures

Thursday 5th September
Phillipa Weeks Staff Library, Level 4, ANU College of Law

This event represents the first fruits of a new network that targets a specific geographic constellation and identifies, through the language of ‘the imaginary’ and ‘vernacular’, a specific set of theoretical resources. ‘Laws and literatures’ both frames the endeavour in relation to the rich field of studies in law and literature, and pluralises it in significant ways. Collaborative partners in the broader project include University of Wollongong, Hong Kong University, National University of Singapore, and University of British Columbia.

This one-day workshop would be of interest to academics and HDR students in literature, law and the humanities, legal theory, and postcolonial studies. It features new work from prominent and emerging scholars working in law and literature from right across the region -- from Australia, Aotearoa, the Pacific and Mexico to Hong Kong, Singapore, and Indonesia – showcasing new directions with what we might call a common indicazione geografica tipica, and indicazione teorica tipica. 

International Academy of Comparative Law - 2024 Congress // Académie internationale de droit comparé - Congrès 2024

CENTENAIRE DE L’AIDC et 5è CONGRÈS THÉMATIQUE, SUR LE THÈME DU DROIT COMPARÉ 
15 et 16 novembre 2024 
Université Paris 1 Panthéon-Sorbonne 

Programme provisoire 

Vendredi, 15 novembre

  • Bienvenue au Congrès 
  • Hommage à notre ancien Secrétaire Général, le regretté Professeur Dr Jürgen Basedow
  • Introduction aux thèmes du congrès et aux sessions parallèles par les Rapporteurs généraux 
    • Histoire du droit comparé et de l’Académie (Helge Dedek, Université McGill) 
    • L’avenir du droit comparé (Maria-Chiara Malaguti, Présidente d’Unidroit, et Università Cattolica del Sacro Cuore) 
    • L’enseignement du droit comparé (Bui Ngoc Son, Université d’Oxford, assisté de Gary F Bell, National University of Singapore)

Samedi 16 novembre ;

  • Sessions parallèles sur les différents thèmes
  • Table ronde avec les Rapporteurs Généraux présidée par Giuditta Cordero-Moss, Présidente de l’Académie
  • Table ronde : Perspectives régionales sur le droit comparé par divers centres et institutions présidée par Gary F Bell, Secrétaire-Général de l’Académie. 
    • Europe : 
      • François Molinié, Société de législation comparée
      • Marie Goré, Institut de droit comparé, Centre français de droit comparé 
      • Michele Graziadei, Società Italiana per la Ricerca nel Diritto Comparato 
    • Amérique du nord: 
      • Hannah Buxbaum, American Society of Comparative Law 
    • Afrique 
      • Makane Moïse Mbengue, Société africaine de droit international 
    • Asie 
      • Dan Puchniak, Centre for Commercial Law in Asia à la Singapore Management University 
      • Bui Ngoc Son, Oxford Programme in Asia Law 
    • Amérique Latine 
      • Jorge A Sánchez Cordero, Mexican Center of Uniform Law

 

* * *

CENTENNIAL OF THE IACLAnd 5th THEMATIC CONGRESS:ON THE THEME OF COMPARATIVE LAW
15 and 16 November 2024 
Paris 1 Panthéon-Sorbonne University 

Programme (subject to change) 

Friday, 15 November: 

  • Welcoming to Congress
  • Tribute to our former Secretary-General, the late Professor Dr Jürgen Basedow
  • Introduction to the themes of the congress and the parallel sessions by the General Rapporteurs 
    • History of Comparative law and of the Academy (Helge Dedek, McGill University)
    • Future of Comparative Law (Maria-Chiara Malaguti, President of Unidroit, and Università Cattolica del Sacro Cuore)
    • Teaching of Comparative Law (Bui Ngoc Son, University of Oxford, assisted by Gary F Bell, National University of Singapore)

Saturday, 16 November:

  • Parallel sessions on the different themes (continuation) 6:00 pm 
  • Round table with the General Rapporteurs presided by Giuditta Cordero-Moss, President of the Academy 3:30-4:00 pm • Coffee Break
  • Round table: Regional Perspectives on comparative law from different centres and institution presided par Gary F Bell, Secretary General of the Academy. 
    • Europe : 
      • François Molinié, Société de législation comparée
      • Marie Goré, Institut de droit comparé, Centre français de droit comparé
      • Michele Graziadei, Società Italiana per la Ricerca nel Diritto Comparato 
    • North America
      • Hannah Buxbaum, American Society of Comparative Law 
    • Africa
      • Makane Moïse Mbengue, African Society of International Law 
    • Asia 
      • Dan Puchniak, Centre for Commercial Law in Asia at the Singapore Management University
      • Bui Ngoc Son, Oxford Programme in Asia Law 
    • Latin America
      • Jorge A Sánchez Cordero, Mexican Center of Uniform Law

Rivista di diritti comparati

 Rivista di diritti comparati

Rivista quadrimestrale 

Anno VIII – N. 1/2024 

Direzione 

Andrea Buratti – Università di Roma “Tor Vergata” 

Alessandra Di Martino – Università degli studi di Roma “La Sapienza” 

Cristina Fasone – LUISS 

Guido Carli Giuseppe Martinico – Scuola Universitaria Superiore Sant’Anna di Pisa 

Anna Mastromarino – Università di Torino 

Oreste Pollicino – Università commerciale “Bocconi” di Milano 

Giorgio Repetto – Università di Perugia 

Francesco Saitto – Università degli studi di Roma “La Sapienza” 

Raffaele Torino – Università Roma Tre


Sommario 

Atti del IX Convegno annuale di Diritti Comparati: “Cancellazione, Spazio pubblico, Memoria” 

ANNA MASTROMARINO, Memoria, cancellazione, spazio pubblico [pp. 1-20]

SERGE NOIRET, Spazio pubblico e memorie nelle pratiche della Public History [pp. 21-45]

PASQUALE ANNICCHINO, Culture wars e potere giudiziario. Corte Suprema degli Stati Uniti e Corte europea dei diritti dell'uomo nel geo-diritto occidentale [pp. 46-68]

STÉPHANE PIERRÉ-CAPS, La Constitution et la mémoire historique : progrès ou régression du constitutionnalisme ? [pp. 69-77] 

GIORGIO RESTA, La memoria attraverso il processo. Tecniche risarcitorie e politiche di riparazione degli illeciti storici [pp. 78-93] 

EDUARDO BARRETO MARTÍN, Memoria y cultura: un análisis del caso audiovisual español [pp. 94-130]

MICHELE GRAZIADEI, La storia, la memoria e il diritto [pp. 131-139] 

Saggi FIORE FONTANAROSA, Law and obesity: analisi comparatistica del fenomeno obesità tra strumenti di hard law e misure di soft law [pp. 140-178] 

VITTORIA MARGHERITA SOFIA TRIFILETTI, Il Data Privacy Framework e il trasferimento dei dati personali tra Stati Uniti e Unione Europea. Appunti di una comparazione [pp. 179-199] 


Note e commenti 

CESARE PINELLI, Old and New Oligarchs. Introduction to the money-democracy issue [pp. 200-207] 

VIRGINIA LEMME, La pronuncia pregiudiziale di C-621/21: le donne come gruppo sociale, una tutela effettiva? [pp. 208-234] 

ROSA IANNACCONE, Considerazioni sul ruolo della legislazione elettorale nelle “democrazie imperfette” a partire dai casi messicano e cileno [pp. 235-253] 

CLAUDIO LASPERANZA, The Japanese pontifex: A study on State-religion separation and its criticalities [pp. 254-286] 

Fadel, Sovereignty, Territoriality, and Private International Law in Classical Muslim International Law

 

Sovereignty, Territoriality, and Private International Law in Classical Muslim International Law


MOHAMMAD FADEL


Abstract

Scholars in recent years have shown interest in challenging the historical origins of international law and its normative claims to universality. This Article challenges the prevailing conceptions of Islamic international law (al-siyar), first set out in English-language scholarship by Majid Khadduri, as primarily an ad-hoc response to the failed aspiration of a universal Muslim commonwealth. It shows that Islamic international law, in its classical phase (eighth–thirteenth centuries), as first formulated by Iraqi, and later, Central Asian, scholars (who together later came to be known as Ḥanafīs), understood all legal order as being rooted in sovereignty and territoriality, with shared religion a secondary concern. This theory of legal order arose out of an understanding of political order as emerging from a natural and universal condition of war that is incidental to the individual’s natural sovereignty. I trace the genealogy of this conception to the founding moment of the Muslim commonwealth and describe its manifestation in classical Ḥanafī solutions to a series of cases in “private international law.”

03 July 2024

The Future of Teaching Law and Language - Call for submissions

 Call for Submissions

The Austrian Association for Legal Linguistics (AALL) is pleased to announce a call for submissions for its forthcoming interdisciplinary volume titled

The Future of Teaching Law and Language

published by

Frank & Timme.

The volume seeks to showcase original high-quality papers that explore innovative approaches, methodologies, and both theoretical and practical perspectives on legal language teaching.

We encourage submissions that address but are not limited to any of the following themes:

1. Artificial intelligence and legal language instruction

2. Corpus linguistics and legal education

3. Current or future trends in legal language teaching and learning

4. Development of legal curricula

5. Disability, inclusion and legal education

6. Ethics in legal language teaching

7. Hyperonymy and power relations in legal language use

8. Information literacy in legal education

9. Legal aptitude testing

10. Legal language teaching and moot courts

11. Legal language teaching around the globe

12. Legal literacy in professional fields such as the hospitality industry

13. Metaphors in legal language teaching

14. Multilingualism in legal practice and education

15. Semioticising legal language education

16. Teaching law in the multilingual classroom

17. Teaching legal language to judges, prosecutors, lawyers and other legal professionals

18. Law and literature in legal education

19. Translanguaging in legal education

To express your interest in contributing to this volume, please submit an abstract by 25 July 2024.

Applications should be in English.

Applicants are invited to submit an abstract of between 200 and 250 words, including the title, theoretical background, research question(s) and methodology of their proposal.

Applicants should include 4-5 keywords and a short list of key references.

The abstract, along with full name and affiliation of the applicant(s), should be sent by email to legallinguistics2024@gmail.com and daniel.green@wu.ac.at by 25 July 2024.

Applicants will receive a decision on acceptance or rejection of their submission by 30 July 2024.

Registered contributors will receive further information regarding the peer review process and specific publishing requirements.

Manuscripts are expected to be submitted by 30 November 2024 and must not exceed 38,000 characters, including spaces.

Please note that all manuscripts will undergo double-blind peer review.

Submissions that do not conform to the style guide or lack adherence to good scientific practice will not be considered.

For any queries regarding this project, please feel free to contact

• Januš C. Varburgh (legallinguistics2024@gmail.com) or

• Daniel Green (daniel.green@wu.ac.at)


We look forward to your contributions.

Austrian Association for Legal Linguistics (AALL)

Vienna, Austria

Central Register of Associations number: 1050981907

Book Series "Gender, Justice and Legal Feminism" - Call for chapters

Book Series "Gender, Justice and Legal Feminism" (Springer)

CALL FOR CHAPTERS

Book Title: Echoes of Silence and the Hidden Dynamics of Invisibility

Editor of the volume: Anne Wagner

ULR 4487—CRDP—Centre de recherche Droits et perspectives du droit

University of Lille, Équipe René Demogue, France

Email: valwagnerfr@yahoo.com

Overview: 

This volume seeks to explore the multifaceted dimensions of gendered silencing and invisibility within legal, social, and cultural contexts. It aims to delve deeply into the ways in which gender intersects with issues of visibility, voice, and justice, shedding light on the often-overlooked experiences of marginalized groups. By bringing together a diverse range of perspectives and methodologies, this volume aims to uncover the systemic power dynamics that contribute to the silencing and invisibility of certain voices and bodies.

In many societies, legal frameworks and cultural norms have historically marginalized certain groups, rendering them invisible and their voices unheard. This volume seeks to challenge these entrenched structures by providing a platform for critical analyses and innovative solutions. We are particularly interested in contributions that not only highlight the problems but also propose transformative pathways towards greater visibility, recognition, and justice.

The volume will explore various dimensions of gendered silencing and invisibility, including historical perspectives, intersectional identities, personal narratives, and the role of activism. By examining these issues through a global lens, the volume aims to provide a comprehensive understanding of how different cultures and societies deal with the challenges of gender justice.

Contributors are encouraged to use a variety of theoretical frameworks and methodological approaches to address the following key questions: 

- How do legal and cultural systems perpetuate the silencing and invisibility of certain gendered bodies and voices? 

- What are the historical roots of these practices, and how have they evolved over time?

- How do intersectional identities impact experiences of visibility and voice? 

- What role do personal narratives and storytelling play in challenging these power structures? 

- How can activism and transformative justice practices contribute to greater gender equity?

By bringing together researchers and practitioners, this volume aims to create a rich, interdisciplinary dialogue that will inform future research, policy, and practice. The ultimate goal is to foster a more inclusive and just society where all voices are heard and all bodies are recognized.


Key Focus Areas for Submissions:

1. Historical Perspectives on Gendered Silencing and Invisibility:

o Examination of historical events, movements, and legal changes that have impacted the visibility and audibility of gendered bodies and voices.

o Case studies of prominent figures and grassroots movements that have challenged gendered silencing and invisibility.

o Analysis of historical legal texts and their role in shaping current gender dynamics related to visibility and voice.

2. Intersectionality and Diverse Identities:

o Exploration of how intersections of race, ethnicity, sexuality, disability, and class contribute to the silencing and invisibility of gendered bodies.

o Studies focusing on the experiences of marginalized groups within the broader context of gender and justice.

o Comparative analysis of different cultural, social, and legal systems and their impact on diverse gender identities.

3. Narratives and Storytelling:

o The role of personal narratives, storytelling, and testimonies in highlighting silenced voices and making invisible bodies visible.

o Contributions that use creative methods, such as autoethnography, poetry, and visual arts, to convey experiences of gendered silencing and invisibility.

o Analysis of media representations and their influence on public perceptions of gendered bodies and voices.

4. Transformative Justice and Activism:

o Examination of transformative justice practices aimed at addressing gendered silencing and invisibility.

o Case studies of activist movements and initiatives that have successfully challenged gendered power structures.

o Discussions on the role of legal reforms and policy changes in promoting gender justice and visibility.

5. Global Perspectives on Gender and Invisibility:

o Comparative studies of gendered silencing and invisibility across different geopolitical contexts.

o Analysis of international human rights frameworks and their effectiveness in addressing issues of gender visibility and justice.

o Contributions from scholars and activists from the Global South, providing diverse perspectives on gender justice.

6. Legal Education and Practice:

o The role of legal education in perpetuating or challenging gendered silencing and invisibility.

o Studies on the experiences of gendered bodies within the legal profession and academia.

o Analysis of curriculum reforms and pedagogical approaches aimed at promoting gender visibility and justice in legal education.

7. Technological Impacts:

o Exploration of how digital technologies and social media influence the visibility and voice of gendered bodies.

o Studies on the impact of surveillance, data privacy, and cybersecurity on gendered identities.

o Analysis of digital activism and online movements that have brought attention to issues of gendered silencing and invisibility.


Submission Details:

• Submissions should present original research, case studies, theoretical explorations, or review essays that offer innovative perspectives on the topics.

• We welcome contributions from diverse disciplinary backgrounds, including law, gender studies, sociology, anthropology, history, media studies, and more.

• Submissions must be in English.

• Include an abstract (up to 500 words, including keywords) and a brief biography (no more than 10 lines).

• Full chapters should be between 8,000 to 10,000 words, including references.


Important Dates:

Abstract Submission Deadline: 15 June 2025

Notification of Acceptance: 15 September 2025

Full Chapter Submission Deadline: 15 January 2026


Review Process: All submissions will undergo a rigorous peer-review process to ensure the highest academic standards. Selected authors may be invited to participate in a workshop to discuss their chapters and receive feedback before final submission.

Contact: For further inquiries and submission guidelines, please contact Anne Wagner at valwagnerfr@yahoo.com.

Join us in this vital exploration of gendered silencing and invisibility, and contribute to the ongoing discourse on gender justice and legal feminism.



19 June 2024

Reimagining Legal Pluralism in Africa: Balancing Indigenous, State, and Religious Laws

 

Reimagining Legal Pluralism in Africa

Balancing Indigenous, State, and Religious Laws


Volume Editors: 

Anthony C. Diala and Christa Rautenbach


This collection challenges the prevailing conflict of laws approach to the

interaction of state and indigenous legal systems. It introduces adaptive

legal pluralism as an alternative framework that emphasises dialogue

and engagement between these legal systems. By exploring a dialogic

approach to legal pluralism, the authors shed light on how it can

effectively address the challenges stemming from the colonial

imposition of industrial legal systems on Africa’s agrarian political

economies.


Biographical Note


Anthony C. Diala, Ph.D. (2016), is a distinguished Professor of African law

and Director of the Centre for Legal Integration in Africa at the

University of the Western Cape, South Africa. Renowned for his research,

he specialises in legal pluralism, comparative law, and human rights in

Africa.


Christa Rautenbach, LL.D. (2001), is a distinguished Professor of Law at

the North-West University, South Africa. A leading scholar in legal

pluralism and succession law, she has authored and edited key

publications, such as "Introduction to Legal Pluralism in South Africa"

(LexisNexis, 2021, 5th ed).


Readership


This comprehensive work is invaluable for scholars specialising in law,

anthropology, sociology, political science, and history. Moreover,

policymakers, legal practitioners, and development professionals

working in Africa will find it an essential resource for understanding and

navigating the complexities of legal pluralism in the African context.


For more information see brill.com


Order information: Order online at brill.com

+44 330 333 0049 | customerservices@brill.com

Submission information: brill.com/authors

Titles published by Brill | Fink, Brill | mentis or Brill | Schöningh:

+49(0)71 54 13 27 9216 | brill@brocom.de



08 June 2024

European Documentation Center - EU News

EU News: Click & Read 184 – May 2024

eu-news-click-read-184-may.pdf (isdc.ch)

European Documentation Centre 

Editor: Henrik Westermark Legal Adviser 

This newsletter contains a selection of recent official documents of the European Union. It features information of particular interest to Swiss readers and aims to provide universities, cantonal and federal administrations, legal professionals, as well as corporations with information about the latest legal developments in the European Union. Written in English or French, the newsletter offers links to documents in one of those languages. 

Regulating surrogacy intermediaries: a comparative analysis of regulatory approaches and implications in the Chinese context

 

Regulating surrogacy intermediaries: a comparative analysis of regulatory approaches and implications in the Chinese context

Yingyi Luo

Abstract

This article addresses the significant research gap concerning the regulation of surrogacy intermediaries in China’s rapidly growing surrogacy market. Employing a ‘law in context’ perspective, it explores the question of how to effectively regulate surrogacy intermediaries in the Chinese context. Situated within China’s unique socio-cultural landscape, where procreation carries profound significance, the study navigates the complexities of surrogacy regulation, including ethical dilemmas, rights infringements and regulatory ambiguities. The article advocates for the regulation of surrogacy in China to prevent possible exploitation, referencing three international models: prohibiting commercial surrogacy, governing non-profit surrogacy organisations and imposing duties on for-profit surrogacy agents. The aim is to construct a robust, context-sensitive regulatory framework for surrogacy in China, focusing on identifying suitable intermediaries and defining the scope of effective regulatory oversight.

CALL FOR CONTRIBUTIONS 2024: Journal for Digital Legal History

CALL FOR CONTRIBUTIONS 2024: Journal for Digital Legal History


The Journal for Digital Legal History (DLH) is a diamond Open-Access, peer-reviewed international journal hosted by the Open UGent platform. For our second issue, which will be published in November 2024, we are pleased to invite contributions from researchers working on legal history with digital, empirical and computational approaches. The journal welcomes all research questions and outputs at the intersection of legal history, digital humanities and empirical legal studies, broadly defined.

 

In the field of legal history, digital methods are hardly ever the centrepiece of a publication itself, if not downplayed. In 1997, Richard Evans claimed that: 'How we know about the past, what historical causation is, how we define a historical fact, whether there is such a thing as historical truth or objectivity - these are questions that most historians have happily left to one side as unnecessary distractions from their essential work in the archives' (R. Evans, In Defence of History, 1997, p. 9). Nevertheless, in the 21st century, the work of a historian or legal scholar does not stop in the archives. Often, digital or computational techniques are applied in seemingly pedestrian ways, such as "searching" full texts, or they are applied in more elaborate methods to transform the historical facts embedded in our precious archival material or legal documents to answer novel research questions or to explore well-trodden paths from an innovative perspective. 

 

The application of digital techniques to legal history research is often overlooked or omitted from discussions on methodology. We encourage you to highlight the technical tools or methods that proved effective in your research projects without neglecting all the trials and errors that helped structure your final choice of any particular technique. You are welcome to illustrate your work with all forms of outputs, from notebooks to graphs, networks, maps, diagrams, etc.. If you have developed software, a database or a dataset that others could reuse, feel welcome to publish it with us. 


2024 Call for Contributions: continuous call for submissions

 

Submissions that address legal sources from any historical period and any part of the world are welcome. We actively encourage collaborative and multi-authored pieces by authors from different countries working across disciplines. 

We accept publications in English; we can also support German, French, Spanish, Italian and Portuguese, but do contact the editorial board in advance. If you wish to publish in another language than mentioned here, please consult us beforehand.

Beyond the following suggestions, feel free to contact us through the DLH website if you have any original ideas that you want to discuss.

 

Topic suggestions 

  • Original research articles (up to 10,000 words). 

  • Reproduction pieces: Can the results of classic studies be replicated through DLH techniques?

  • A dedicated section for your Digital Legal History events: If you are organising a panel, conference, or webinar series that prominently features Digital Humanities performed on legal sources, contact us for a dedicated focus section that will allow you to publish the papers or conclusions of your meeting.

  • Shorter focus pieces or provocations (around 5,000 words with fewer footnotes).

    • Conference and seminar reports.

    • Spotlight articles: inspiration from other social sciences fields on the promising benefits of specific Digital Humanities techniques that could be successfully applied to Digital Legal History.

  • Presentations or Reviews of software, databases, datasets, websites, and platforms.

    • Tutorials: general presentation, application through a specific study angle (legal linguistics, marginalia analysis).

  • Trials & errors: reflections on the productive role of wandering and errors in abandoned, rejected or substantially modified past projects that could help improve the current methodology (inspired by the Journal of Trial & Error).