31 October 2018

Comparative Judicial Review


Comparative Judicial Review


Edited by Erin F. Delaney and Rosalind Dixon







Constitutional courts around the world play an increasingly central role in day-to-day democratic governance. Yet scholars have only recently begun to develop the interdisciplinary analysis needed to understand this shift in the relationship of constitutional law to politics. 
This edited volume brings together the leading scholars of constitutional law and politics to provide a comprehensive overview of judicial review, covering theories of its creation, mechanisms of its constraint, and its comparative applications, including theories of interpretation and doctrinal developments. 
This book serves as a single point of entry for legal scholars and practitioners interested in understanding the field of comparative judicial review in its broader political and social context. 
(Subjects: constitutional law; judicial review)


18 October 2018

Legal Strategies for the Development and Protection of Communal Property

Legal Strategies for the Development and Protection of Communal Property

Edited by Ting Xu and Alison Clarke


Provides readers with an overview of communal property in different jurisdictions

  • Offers a socio-legal interpretation of the nature and importance of communal property
  • Explores the multi-faceted analysis of theoretical nature and current development of communal property

(Subjects: municipal law; law of property)


09 October 2018

Dominus Mundi - Political Sublime and the World Order

Dominus Mundi

Political Sublime and the World Order

 By: Pier Giuseppe Monateri
Media of Dominus MundiThis monograph makes a seminal contribution to existing literature on the importance of Roman law in the development of political thought in Europe. In particular it examines the expression 'dominus mundi', following it through the texts of the medieval jurists – the Glossators and Post-Glossators – up to the political thought of Hobbes. Understanding the concept of dominus mundi sheds light on how medieval jurists understood ownership of individual things; it is more complex than it might seem; and this book investigates these complexities. The book also offers important new insights into Thomas Hobbes, especially with regard to the end of dominus mundi and the replacement by Leviathan. Finally, the book has important relevance for contemporary political theory. With fading of political diversity Monateri argues “that the actual setting of globalisation represents the reappearance of the Ghost of the Dominus Mundi, a political refoulé – repressed – a reappearance of its sublime nature, and a struggle to restore its universal legitimacy, and take its place.” In making this argument, the book adds an important original vision to current debates in legal and political philosophy.This monograph makes a seminal contribution to existing literature on the importance of Roman law in the development of political thought in Europe. In particular it examines the expression 'dominus mundi', following it through the texts of the medieval jurists – the Glossators and Post-Glossators – up to the political thought of Hobbes. Understanding the concept of dominus mundi sheds light on how medieval jurists understood ownership of individual things; it is more complex than it might seem; and this book investigates these complexities. The book also offers important new insights into Thomas Hobbes, especially with regard to the end of dominus mundi and the replacement by Leviathan. Finally, the book has important relevance for contemporary political theory. With fading of political diversity Monateri argues “that the actual setting of globalisation represents the reappearance of the Ghost of the Dominus Mundi, a political refoulé – repressed – a reappearance of its sublime nature, and a struggle to restore its universal legitimacy, and take its place.” In making this argument, the book adds an important original vision to current debates in legal and political philosophy.

(Subjects: Roman Law; law and politics)

26 September 2018

Law in the Time of Oxymora. A Synaesthesia of Language, Logic and Law

Law in the Time of Oxymora

A Synaesthesia of Language, Logic and Law

By Rostam J. Neuwirth



What do different concepts like true lie, bad luck, honest thief, old news, spacetime, glocalization, symplexity, sustainable development, constant change, soft law, substantive due process, pure law, bureaucratic efficiency and global justice have in common? What connections do they share with innumerable paradoxes, like the ones of happiness, time, globalization, sex, and of free will and fate?

Law in the Time of Oxymora provides answers to these conundrums by critically comparing the apparent rise in recent years of the use of rhetorical figures called "essentially oxymoronic concepts" (i.e. oxymoron, enantiosis and paradoxes) in the areas of art, science and law. Albeit to varying degrees, these concepts share the quality of giving expression to apparent contradictions. Through this quality, they also challenge the scientific paradigm rooted in the dualistic thinking and binary logic that is traditionally used in the West, as opposed to the East, where a paradoxical mode of thinking and fuzzy logic is said to have been cultivated. 


Following a review of oxymora and paradoxes in art and various scientific writings, hundreds of "hard cases" featuring oxymora and a comprehensive review of the legal literature are discussed, revealing evidence suggesting that the present scientific paradigm of dualism alone will no longer be able to tackle the challenges arising from increasing diversity and complexity coupled with an apparent acceleration of change. Law in the Time of Oxymora reaches the surprising conclusion that essentially oxymoronic concepts may inaugurate a new era of cognition, involving the ways the senses interact and how we reason, think and make decisions in law and in life.



(Subjects:  Law and Language; Oxymoronic Concepts; Cognition and Law)

Normative Pluralism and Human Rights

Normative Pluralism and Human Rights


Social Normativities in Conflict


Edited by Kyriaki Topidi

The complex legal situations arising from the coexistence of international law, state law, and social and religious norms in different parts of the world often include scenarios of conflict between them. These conflicting norms issued from different categories of ‘laws’ result in difficulties in describing, identifying and analysing human rights in plural environments. 
This volume studies how normative conflicts unfold when trapped in the aspirations of human rights and their local realizations. It reflects on how such tensions can be eased, while observing how and why they occur. The authors examine how obedience or resistance to the official law is generated through the interaction of a multiplicity of conflicting norms, interpretations and practices. Emphasis is placed on the actors involved in raising or decreasing the tension surrounding the conflict and the implications that the conflict carries, whether resolved or not, in conditions of asymmetric power movements. It is argued that legal responsiveness to state law depends on how people with different identities deal with it, narrate it and build expectations from it, bearing in mind that normative pluralism may also operate as an instrument towards the exclusion of certain communities from the public sphere. The chapters look particularly to expose the dialogue between parallel normative spheres in order for law to become more effective, while investigating the types of socio-legal variables that affect the functioning of law, leading to conflicts between rights, values and entire cultural frames.

(Subjects: Comparative Law; Religion Law; Human Rights)

18 September 2018

Food Law: A Comparative Perspective


CALL FOR PAPERS:
FOOD LAW: A COMPARATIVE PERSPECTIVE
XXV BIENNIAL COLLOQUIUM OF THE
ITALIAN ASSOCIATION OF COMPARATIVE LAW (AIDC)
UNIVERSITY OF PARMA
 MAY 23-25, 2019
DEADLINE JANUARY 7, 2019



Parma – Teatro Farnese

The Italian Association of Comparative Law (AIDC) opens an international Call for Papers on the subject

FOOD LAW: A COMPARATIVE PERSPECTIVE


I.                    CALL FOR PAPERS
The colloquium intends to put the focus, from a comparative perspective, on the following topics to which a specific session will be devoted:

1.      Models and institutions for agri-food law
2.      Food culture and its relationship with food regulation  
3.      Agri-food chain and markets
4.      Origins, denominations, IP Rights: Treaties and transplants
5.      Controls in international trade: sovereignty, diversity, uniformity, barriers
6.      Food education/Food disorders
7.      Animal rights
8.      Food and multiculturality (Religious constraints, vegetarian, new foods)
9.      Criminal law implications
10.  Food, water, environment and sustainable development

Candidates should indicate – in their submission – in which session they wish to present their paper.
It is suggested that submissions should take into account the tendency of circulation of legal models in agri-food law, which expresses a growing trend to share solutions and answers on the basis of common experiences, both by importing models and  external sources within the internal legal systems and by providing more general, or global, responses that can have effect well beyond the national or the regional boundaries.

II.                  TO WHOM THE CALL FOR PAPERS IS ADDRESSED
AIDC organizes on a biennial basis a “younger comparatists colloquium” (the last one, this year, was held in Bergamo) open to PhD candidates and holders, lecturers, adjunct professors; and the ordinary biennial colloquium (the present is the 25th), generally open to full and associate professors.
Therefore, the selection committee will prefer papers presented by full and associate professors, although it may make a limited amount of exceptions.
Papers should be in Italian or English, and may be presented in either language.
Simultaneous translation will not be provided.

III.                ORGANIZATIONAL ASPECTS
The proposal must be submitted by January 7, 2019 indicating in which session they wish to present their paper. Acceptance will be communicated by the end of January. Within 10 days from acceptance, the participation fee (€ 70) must be paid. If not, acceptance will be forfeited and the selection committee will move on to other candidates. This requirement is essential in order to avoid that no-show of some rapporteurs preclude the possibility to others to present their papers.
The Colloquium will be organized in plenary opening (Thursday, May 23) and closing (Saturday, May 25) sessions (with invited speakers). And parallel sessions (Friday, May 24 and Saturday, May 25) divided according to topics. It is expected that up to 40 papers will be presented in a time slot not exceeding 20 minutes per speaker, followed by a 10 minutes Q&A session.

IV.               OTHER ASPECTS
The origins of the University of Parma – as those of many other Italian academic institutions – date back to the middle-ages. Under the Farnese family – to whom several illustrious popes belonged – Parma and its university became one of the centres of cultural life in Italy and Europe. During the Enlightenment and the XIX Century it has listed among its faculty some of the most important names in sciences, humanities and law. Since 1988 annexed to the Law Department is the prestigious European College, aimed at preparing post-graduates for the many EU institutions. Parma is also the headquarters of the European Food Safety Agency, which plays a decisive role in many of the topics which will be examined in the XXVth AIDC Colloquium.

V.                 HOW TO SUBMIT A PROPOSAL
Abstracts should be submitted by e-mail at aidc.parma2019@gmail.com in Word format, following this order:
a) author(s)
 b) affiliation
c) e-mail address
d) title of abstract
e) body of abstract (apx 250 words)
Abstract file should be entitled: Family Name_Last Name.doc

VI.               PROCEEDINGS
The proceedings of the Colloquium will be published on the “Studies in Law and Social Sciences” open-access Series, published by the Roma TrE-Press, under the auspices of the Law Department.
Authors may also publish their paper on other periodicals, in particular on the on-line periodical “Comparative Law Review”, sponsored by AIDC, will devote a special issue to the proceedings of the Colloquium. Papers in Italian may also be submitted for publication to “Diritto pubblico comparato ed europeo”, and to “Comparazione e diritto civile”, the other two leading Italian comparative law reviews.

04 September 2018

Juris Diversitas 6th General Conference


CALL FOR PAPERS

JURIS DIVERSITAS
6th GENERAL CONFERENCE

15- 17 April 2019
Potchefstroom, South Africa
Faculty of Law


In partnership with
Faculty of Law, North-West University, Potchefstroom, South Africa
Law, Roots & Space
The Theme:
A couple of lawyers’ old friends: ‘Sources’ and ‘Jurisdictions’. In their parlance, these notions are often associated to modern, ‘positive’ law.
The idea of ‘legal formants’ has been introduced to complete the picture, flexibilising it, making it more accurate, nuanced, realistic; an idea associated to comparative, socio-legal, anthropologic studies.
With ‘Roots’ and ‘space’ geographers, historians, political scientists get involved. These are certainly less frequent notions in legal circles: we may still wish to make friends with them, to enrich our perception of legal phenomena.
Roots’ is often associated to history of law and related discourses – if legal formants may complete a picture, legal roots do complete the movie, so to speak.
Space’: an open notion, perhaps a non-notion in modern legal discourse, generic enough to include every spatial dimension of legal phenomena: dissemination of movie theatres and other forms of diffusion of the various show-biz products could be the appropriate metaphor here, including space law and virtual property.
A legal discourse that goes beyond the checkboards, or the series of juxtaposed swimming pools – Tetris-style – containing water from their respective individual sources, produced by modern, Westphalian conceptions of the law. It goes, instead, to normative forces producing their effects without a precise geographic boundary: like radio stations, magnetic or gravitational fields. Or like intricate sets of rivers, lakes, canals, ponds, infiltrated wetlands, oceans, weather, all contributing to a locally diversified but still unitary eco-system and bio-sphere of water, landscape, vegetation, fauna.
A discourse on normative forces and the fuzziness of their historic and geographic reach.
Submissions:
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 featuring three presentations of twenty-minute each will be the pattern, we welcome creative arrangements.
Panel Proposals of circa 1000 words and a short biography (in English or in French) should be submitted electronically by 30 September 2018. You will be informed of the outcome by the end of October 2018. Click here https://goo.gl/forms/JnRqHQOHFnTuBz5w2 to submit panel proposal.
Individual Proposals of circa 500 words and a short biography (in English or in French) should be submitted electronically by 30 November 2018. You will be informed of the outcome by the end of December 2018. Click here https://goo.gl/forms/Wutow8SR4CqTDDhh2 to submit individual proposal.
Registration Fees:
General:
€ 200 or € 125 for Juris Diversitas members paid up for 2018. 
Special rate for young scholars under the age of thirty coming the first time: € 150 or € 75 for Juris Diversitas members paid up for 2018.
Note that fees do not cover travel, accommodation, or the conference dinner (€ 30).
Scholars from Africa:
ZAR 1,800 or ZAR 1,500 for Juris Diversitas members paid up for 2018.
Note that fees do not cover travel, accommodation, or the conference dinner (ZAR 300).
Additional Information:
Information regarding accommodation options, travel, other conferences in South Africa, payment methods, etc. will be provided after participants have been notified of the outcome of their proposals.
For more information contact Christa Rautenbach at: Christa.Rautenbach@nwu.ac.za.
About Potchefstroom and the North-West University:
The town Potchefstroom or Potch (as most people call it) is a University town of about 128,253 people, about 120km or 75miles to the south-west of Johannesburg. The greater Potch (including all the suburbs) consists of 676,004 people. 70% of the population's first language is Afrikaans but almost everyone speaks English as a second language.
It is the oldest town in the old Transvaal Province and has a rich history dating back to 1838. The town was established in 1838 by a group of Voortrekkers led by Andries Hendrik Potgieter. The name was derived from POT (gieter), the Voortrekker leader, CHEF (the leader, referring to Potgieter), and STROOM (the Mooi River). Another version is that the POT comes from pieces of pots left behind by nomadic peoples which were later found by the first residents of Potch.
Until 1960 it was the capital of the old South African Republic of which the first president, Marthinus Wessel Pretorious, was sworn in at Potchefstroom.
Potchefstroom was the first town north of the Vaal River. The town was originally built on the position of the present "Oude Dorp". After the flood in 1840, it was decided that Potchefstroom would be developed one hour horse-ride south from "Oude Dorp" next to the Mooiriver.
The first Government Gazette was printed and published in Potchefstroom. The Dutch Reformed Church in the Transvaal (at that time) was founded in Potchefstroom in 1842 and since 1905 the town has been the theological seminary of the Gereformeerde Kerk.
People like Totius who translated the Bible from Dutch to Afrikaans, also worked here and made their irreplaceable contribution to the Afrikaans language and culture.
This city on the banks of the Mooiriver, with its 24 declared national monuments, has a rich history. A noteworthy fact is that the first shots of the First War of Independence were fired in Potchefstroom in 1880 and that the town also played a prominent role during the guerilla phase of the Anglo Boer War (1899 -1902).
Potchefstroom boasts many "firsts". It includes the following:
·         the "Vierkleur" was designed and hoisted here for the first time;
·         the first constitution of the "South African Republic" was drafted here;
·         the first coat of arms of the Republic was designed here;
·         the first church building in Transvaal was erected here;
·         Potchefstroom was the first town in the Transvaal to obtain municipal management; and
·         the first "Staats Courant" (Government Gazette) was printed here and the first public press in Transvaal was established here.
The North-West University (Potchefstroom Campus) dominates the town which also boasts a permanent military base. Potch has for many years produced top sportsmen and women. Potch is also known as the "Home of Sport in the North West Province" with many provincial federations based locally. The town has already become "home-away-from-home" to many international athletes participating in many different sport codes.
Potch is popular for many reasons including being a university town with much to offer. It has very few industries and thus clean air and also a low crime rate. It has a good climate (especially during the cold northern hemisphere winters when it is our summer) and at 1400m altitude it offers a good balance between Altitude and Quality training.
The NWU officially came into being on 1 January 2004 as part of the South African government’s plan to transform higher education. In our case, this saw a historically white university and a historically black university merging to create a new university where South Africans from all walks of life have come together. The Potch campus' history dates back from 1869. For more information on the historical development of the Potch campus, see http://www.nwu.ac.za/content/history-potchefstroom-campus-potchefstroom-campus-nwu.
In 2018, almost 70 000 students are registered at the NWU, making it the second largest university in the country. Almost 3000 students are enrolled at the Faculty of Law.