ARTICLE: Cane on Public Law in The Concept of Law

Peter Cane's 'Public Law in The Concept of Law' appears has been made available by the Oxford Journal of Legal Studies:

This article adopts what Frederick Schauer calls a ‘non-essentialist’ approach to understanding the nature of law, which can be contrasted with the widely practised method of ‘conceptual analysis’. Instead of seeking a set of necessary conditions for the existence of law in all possible worlds, non-essentialism reflects upon pervasive features of actual legal systems. The article focuses on constitutional and administrative law and contrasts modern standard accounts of public law with HLA Hart’s highly influential threefold list of ‘necessary’ types of public ‘secondary rules’: rules of recognition, change and adjudication. The argument is that non-essentialist methodology not only yields a rich descriptive account of certain fundamental characteristics of modern legal systems but also provides theoretically significant insights into how law is conceived in many contemporary societies. Because the resulting account is firmly rooted in actual social and legal practices, it provides a more fine-grained and less abstract theory of those practices than is offered by Hart’s approach, based as it is on hypothetical stories about how law ‘might have developed’.

BOOK: Douglas-Scott on Law after Modernity

Law after Modernity

By Sionaidh Douglas-Scott

How can we characterise law and legal theory in the twenty-first century? Law after Modernity argues that we live in an age 'after Modernity' and that legal theory must take account of this fact. The book presents a dynamic analysis of law, which focusses on the richness and pluralism of law, on its historical embeddedness, its cultural contingencies, as well as acknowledging contemporary law's global and transnational dimensions.

However, Law after Modernity also warns that the complexity, fragmentation, pluralism and globalisation of contemporary law may all too easily perpetuate injustice. In this respect, the book departs from many postmodern and pluralist accounts of law. Indeed, it asserts that the quest for justice becomes a crucial issue for law in the era of legal pluralism, and it investigates how it may be achieved.

The approach is fresh, contextual and interdisciplinary, and, unusually for a legal theory work, is illustrated throughout with works of art and visual representations, which serve to re-enforce the messages of the book.

THE AUTHOR

Sionaidh Douglas-Scott is a fellow of Lady Margaret Hall and Professor of European and Human Rights Law at the University of Oxford.

BOOK: Ellett on Judicial Power in Transitional States

Routledge has recently published Rachel Ellett’s Pathways to Judicial Power in Transitional States: Perspectives from African Courts (2013).:

This book examines the complex relationship that exists between the construction of judicial power, and the institutional characteristics of the courts and their regime setting. It examines the intriguing connection between the construction of judicial power on the one hand, and the institutional characteristics of the courts and regime setting on the other. The book asks whether courts are rendered powerful by virtue of their institutional characteristics or by a supportive, perhaps acquiescent, regime setting.

By analyzing the historical pathways of courts in Uganda, Tanzania and Malawi, this book argues that the emergence of judicial power since the colonial period, though fraught with many challenges, presents a unique opportunity for consolidating democracy. The book examines in detail the significant political decisions of the upper-level courts in Uganda, Tanzania and Malawi from the colonial period to the present day, analyzing them in relation to changes in the political environment over time. Analysis of these decisions is also supplemented by in-depth interviews with judges, lawyers and other important stakeholders in the judicial processes. This book demonstrates that even in the most challenging regime environments, effective institutions and determined individuals can push back against interference and issue politically powerful, independent decisions but the way in which judiciaries respond to this regime pressure varies enormously across countries and regions.

OPPORTUNITY: Belarus and Specialized Courts

This memorandum is to notify you that the ABA-UNDP International Legal Resource Center (ILRC) has received a request from UNDP/Belarus to facilitate the improvement of the court system through the development of specialized courts. This is primarily a home-based opportunity with one mission trip to Minsk. The expert will work for 18 working days between May and June 2013 and travel to Minsk to deliver a lecture at the Institute of Re-training and Upgrading Qualification of Judges, Prosecutors and Legal Professionals.

Access to justice is recognized as a critical issue by the Government of the Republic of Belarus. Through this project the Government of Belarus and the UN continue the joint efforts towards ensuring the rule of law and access to a fair trial for the population of Belarus. The ultimate goal of the UNDP project is to ensure that the population of Belarus, including marginalized and vulnerable groups, enjoy access to justice through an effective and professional court system supported by the specialization of courts and judges, which has been identified as an important prerequisite for effective and professional court system functioning. This will be achieved through support for the full-scale specialization of courts as prescribed in the Constitution of the Republic of Belarus and further improvement of the legislation concerning the court system. Further to this goal, the project will contribute to the systematic and continuous professionalization of judges through life-long education.

The expert will be responsible for conducting of the expertise of the pre-final version (draft) of the Concept and delivery of the presentation of the results of their expertise at the Roundtable devoted to developing of a concept paper including a set of recommendations towards further improvement of the legislation and practice in the administration of justice in Belarus (Institute for Re-training and Upgrading Qualifications of Judges, Prosecutors and Legal Professionals at the Belarussian State University, Minsk, Belarus).

S/he must have: a) an advanced degree in Law or related field; b) at least 8 years of legal experience; c) a minimum of three years of experience of working in the administration of courts on the decision-making positions; d) a minimum of three years of essential experience in participation in the national (international) associations of lawyers on the decision-making positions; e) understanding of EU and Eastern European judicial systems and the political context of Belarus is a plus; f) experience in the EU and elsewhere working with judicial systems and court reform; g) ability to address an audience of judges and legal professionals (a minimum of 3 lectures); h) excellent legal research and presentation, analytical, and drafting skills; i) experience with UNDP (other UN entities) or another reputable international organizations in the field is a plus; j) fluency in written and oral English and/or German, Russian and Belarusian).

Additional information, including proposal forms, are available from Jacqueline.Gichinga@americanbar.org.

ARTICLE: Halliday and Morgan on Legal Consciousness and the Critical Imagination

Current Legal Problems has made Simon Halliday and Bronwen Morgan's 'I Fought the Law and the Law Won? Legal Consciousness and the Critical Imagination' available:
 
The study of legal consciousness within socio-legal studies entails a focus on the ordinary, quotidian and, crucially, almost invisible life of law in society. To study legal consciousness is to study the taken-for-granted and not-immediately-noticeable: the background assumptions about legality which structure and inform everyday thoughts and actions. This article examines legal consciousness through the lens of the cultural theory of Mary Douglas. The application of her grid–group analysis offers important insights into the dimensions along which legal consciousness may vary. In doing so, it sheds light on an under-studied feature of the legal consciousness landscape: collective voices of dissent. We explore, via a secondary data analysis of radical environmental activists, a legal consciousness which expresses particularly clearly a collective rejection of the authority of state law. The analysis reveals a complex and multi-faceted legal consciousness where a rejection of state law may be coupled with a gaming approach towards it for collective aims, and can be fuelled by a faith in legality above or beyond state law. It also points to the organizational vulnerability of dissenting collectivism and a corresponding affinity between a legal consciousness of collective dissent and one of fatalism. Our analysis allows us to critique and refine Ewick and Silbey’s influential account of legal consciousness. These analytical and theoretical insights point towards a future research agenda, which maintains the legal consciousness tradition of focusing on the structural qualities of law while avoiding the pitfalls of a theory of general legal hegemony.               

ARTICLES: Tamanaha on Social Legal Theory and the Rule of Law

Two interesting articles by (the always interesting) Brian Z Tamanaha have recently appeared on SSRN:

The Third Pillar of Jurisprudence: Social Legal Theory

Jurisprudence is generally thought to consist of two main classical rival branches — natural law and legal positivism — followed by a bunch of modern schools — legal realism, law and economics, critical theory, legal pragmatism, etc. In this essay I argue that three main branches of jurisprudence have existed, and battled, for centuries, not two, but the third goes unrecognized as such because it has traveled under different labels and the underlying connections have been clouded by various confusions. The core insights and focus of this third branch, what I call “Social Legal Theory,” trace in a continuous thread from Montesquieu, through historical jurisprudence, sociological jurisprudence, and legal realism, up to the present. This third branch, I argue, provides a contrasting/complementary perspective, in conjunction with natural law and legal positivism, which rounds out the full range of theoretical angles on law: natural law is normative; legal positivism is analytical/conceptual; and social legal theory is empirical. (Among a number of clarifications, I answer the common objection that empirically-grounded theories are not sufficiently theoretical.) The conventional jurisprudential narrative is redrawn in this essay in a way that exposes unseen connections among theoretical schools and brings into focus critical issues about the nature of law that currently are marginalized by natural law and legal positivism.

The History and Elements of the Rule of Law

I have written extensively about the rule of law for two basic reasons. First, the notion of the rule of law is perhaps the most powerful and often repeated political ideal in contemporary global discourse. Everyone, it seems, is for the rule of law. The rule of law is a major source of legitimation for governments in the modern world. A government that abides by the rule of law is seen as good and worthy of respect. In recent decades, billions of dollars have been spent by theWorld Bank and other development agencies on developing the rule of law around the world — with limited success.

JURIS DIVERSITAS: ON BLOGGER, FACEBOOK, AND TWITTER!

Juris Diversitas can now be followed three different ways:

ON BLOGGER

The Juris Diversitas Blog (http://jurisdiversitas.blogspot.ie/) is our home. You can sign up there for daily, bundled alerts about articles, books, conferences, etc, etc. There’s information on our upcoming conference, our activities and publications and you can also, of course, become a member. And please feel free to share the posts with others.

ON FACEBOOK

The Juris Diversitas Facebook Page (https://www.facebook.com/JurisDiversitas) has additional information. If you’re interested in following posts there, simply ‘Like’ us and notices—both our own and relevant information shared from other sites—will pour in as they’re posted. Again, please feel free to ‘Share’ our posts with others. In addition, we have a Conference Page as well (https://www.facebook.com/JurisDiversitas#!/JurisDiversitas/events).

ON TWITTER

Finally, we’ve a Twitter Account (https://twitter.com/JurisDiversitas). If you're interested in providing or receiving information there, please 'Follow' the account or join the ‘Comparative Law’ List I’ve created. And, again, please 'retweet' our posts when you think it matters.

As you’ll see, I’m still feeling my way around these different resources. I’d be happy to have help ...

CONFERENCE: Transitional Justice in Africa: Lessons Learned in Going Forward

Transitional Justice in Africa:
Lessons Learned in Going Forward

A non-CLE program proudly presented by
ABA Section of International Law
Africa Committee

Co-Sponsored by
International Human Rights Committee
and
Women's Interest Network (WIN)

Wednesday, May 29, 2013
1:30 PM - 3:30 PM US EDT
By teleconference only

REGISTER NOW

The objective of the program is to initiate discussion on the role of, and challenges faced by, mechanisms addressing human rights abuses and promoting conflict resolution (i.e. truth and reconciliation commissions, criminal prosecutions, gender justice initiatives) in African countries in transition, especially in relation to the promotion and enjoyment of truth, justice, reparation and guarantees of non-recurrence. From this discussion, we hope to access positive steps taken, and to recommend ways to go forward in promoting transitional justice on the continent.

Speakers: Dr. Phil Clark, School of Oriental and African Studies, University of London Comfort Ero, International Crisis Group Pablo de Greiff, UN and International Center for Transitional Justice Binaifer Nowrojee, Open Society Foundations Moderator: Professor Charles T. Call, American University

Registration Rates:

$15 - Section of International Law Members
$25 - SIL Non-Members

REGISTER NOW

DISCUSSION: International Financial Institution Dispute Resolution Mechanisms to Resolve Environmental/Social Issues

International Financial Institution Dispute Resolution Mechanisms to Resolve Environmental / Social Issues

A free, non-CLE brown bag program proudly presented by
ABA Section of International Law
International Environmental Law Committee

Cosponsored by
International Human Rights Committee
and
International Investment and Development Committee

in cooperation with
George Washington University (GWU) Law School

Tuesday, May 14, 2013
12:30 PM - 2:00 PM US EDT
In Person or by Webcast Only
George Washington University Law School
Jacob Burns Moot Court Room (Room L101)
2000 H Street, NW
Washington, DC 20052

REGISTER NOW

What happens when local conflicts arise around development projects supported by international financial institutions? This lunch time brown bag panel discussion will feature three speakers, each one directly responsible for implementing processes to address environmental and social issues related to projects sponsored by their respective institution. The presentation for each speaker will be 20 minutes and will discuss a specific dispute resolution case involving environmental or social issues from start to finish. The final 30 minutes of the program is allocated for audience member participation via Q&A and further discussion of the topic.

Speakers: Keith Kozloff, Director, Overseas Private Investment Corporation (OPIC), Office of Accountability Isabel Lavadenz Paccieri, Project Ombudsperson, Inter-American Development Bank (IDB), Independent Consultation and Investigation Mechanism (ICIM) Meg Taylor, Vice President, International Finance Corporation (IFC)/ Multilateral Investment Guarantee Agency (MIGA), Compliance Advisor Ombudsman (CAO) Moderator: Alicia Cate, Attorney-Adviser, U.S. Department of State

This brown bag program is free and open to the public.

REGISTER NOW

CONFERENCE: Hybrid Law Teaching

The Institute for Law Teaching and Learning will present its summer 2013 conference on June 7-9, 2013, at Washburn University School of Law in Topeka, Kansas. The conference, Hybrid Law Teaching, features 34 workshops with 47 presenters representing nearly three dozen law schools.

Structure of the Conference

Tailor the Conference to Suit Your Interests

The conference includes eight workshop sessions. During each session, four or five workshops will run simultaneously. Participants will be able to tailor the conference to fit their individual interests by choosing which workshop to attend during each session. The workshops will deal with:

• Innovative materials;
• Alternative teaching methods;
• New technologies;
• Ways to enhance student learning in all types of courses;
• Techniques to better prepare students for their bar exams;
• Means of restructuring legal education to foster practice-ready lawyers.

Each workshop will include materials that participants can use during the workshop and when they return to their campuses, and all the presenters will model effective teaching methods by actively engaging the participants.

Benefits to Participants

Improve Teaching and Learning

During the conference, participants can expect to encounter many new ideas about a wide variety of ways in which they can create hybrid law school courses. In addition, the conference is intended to facilitate informal interaction among creative teachers who love their work with students.

Participants should leave the conference with both inspiration and the information they need to seamlessly integrate skills, doctrine, and values in their teaching, to bridge traditional law school categories, such as legal writing and doctrine, clinics and skills courses, and academic support and doctrinal courses, and even to flip their classes. The ultimate goal of the conference is to help the participants improve their teaching, improve their students' learning, and further their school's efforts to offer attractive, effective courses that prepare students to practice law.

QUESTIONNAIRE: Women, Business, and the Law

Greetings,


The ABA Section of International Law has been invited again by the World Bank Group's Women, Business, and the Law Project (WBL) to contribute by completing questionnaires for the 2014 edition of the Women, Business and the Law report. The WBL focuses on setting out legal differentiations on the basis of gender in 142 economies around the world, covering 6 areas—accessing institutions, using property, getting a job, dealing of wide-ranging factors for women’s economic opportunities, but focuses on one particular area: aspects of the formal legal and regulatory environment that enable women to find jobs or start their own businesses. WBL’s work entails surveying national laws, regulations and institutions that may affect women's incentives and capacity to start businesses and get jobs.

WBL’s pilot edition was launched in 2010 and the latest edition of the report titled Women, Business and the Law 2012: Removing Barriers to Economic Inclusion was launched on September 26, 2011 with great success. A copy of the previous editions of the report and database can be found on WBL website: wbl.worldbank.org.

For their 2014 edition, WBL is working on expanding coverage of the existing indicators and including a new case study indicator on Violence against Women. The project relies on the valuable expertise of legal practitioners, such as you, to gather information on how the legal environment may impact women’s economic rights. WBL is looking to expand their network of legal contributors by reaching out to members of the Section from the following countries to participate in this project:

Benin · Liberia · Mauritius · Rwanda · South Africa · Sudan · Tanzania · Zambia · Sri Lanka · Philippines · Indonesia · Jordan · Netherlands · New Zealand

NEWS AND REVIEWS: European Network on Law and Society (Réseau Européen Droit & Société)

The excellent 'Nouvelles du monde’, 'Au fil des revue', and 'Repères'--both Anglophone and Francophone--of the European Network on Law and Society (Réseau Européen Droit and Société) are now available for this month. 

 

Have a look.

CONFERENCE: Filling the Gaps: The Study of Judicial Creativity and Equity in Mixed Jurisdictions and Beyond

“Filling the Gaps: The Study of Judicial Creativity and Equity in Mixed Jurisdictions and Beyond”

Department of Political and Social Sciences

 University of Catania

Aula Magna

University of Catania

Catania, Italy

May 27-28, 2013

PROGRAM AGENDA

Day 1: May 27, 2013

09:00-09:30  Welcome Remarks

Mohamed Mattar, Senior Research Professor of International Law, Executive Director, The Protection Project at The Johns Hopkins University-SAIS, Washington, DC, USA

Vernon Palmer, Thomas Pickles Professor of Law, President, World Society of Mixed Jurisdiction Jurists, Co-Director, Eason Weinmann Center for Comparative Law, Tulane Law School, New Orleans, LA, USA

Biagio Andó, Professor of Law, University of Catania, Department of Political and Social Sciences, Catania, Italy

JURIS DIVERSITAS: Now on Twitter?

If it matters, and I'm honestly unsure that it does, I created a Juris Diversitas Twitter account last night (Sean Patrick Donlan@JurisDiversitas). 

If you're interested in providing or receiving information there, please 'Follow' the account.

Don't forget, too, about our Facebook page at https://www.facebook.com/JurisDiversitas. 

And if anyone's interested in helping with any of these, let me know ...

JURIS DIVERSITAS: 2013 ANNUAL CONFERENCE PROGRAMME (3-4 JUNE - LAUSANNE, SWITZERLAND)

DIFFUSION

AN INTERNATIONAL, INTERDISCIPLINARY

CONFERENCE ON COMPARATIVE LAW

Co-Sponsored by the Swiss Institute of Comparative Law and Juris Diversitas

3 & 4 June 2013

Lausanne, Switzerland 

[For additional information, contact Marie Papeil at marie.papeil@isdc-dfjp.unil.ch ]

Monday, June 3, 2013

8:30-9:30              Registration, Coffee

                                Welcoming Address

9:30-10:30           Plenary – Keynote

                                Chair: Seán Patrick Donlan

·        Four Circles of Diffusion Infusing the Legal System of Turkey,

Esin Örücü, University of Glasgow (Scotland)

10:30-11:00         Break

11:00-12:15         Parallel Sessions I

I.A          History, Semiotics, and Normative Translation

·         Raw Law: Ancient and Modern Matter, Bronwyn Lay, European Graduate School, Saas Fee (Switzerland)

·         Diffusion of Legal Codes: A Semiotic View, Mariano Croce, Centre for Law and Cosmopolitan Values, Antwerp (Belgium)

·         The Significance of Normative Translation in the Diffusion of Law, Ko Hasegawa, University of Hokkaido (Japan)

I.B           Diffusion and Contamination in Family Law

·         Diffusion and the Family Law Revolution, Harry Willekens, Hildesheim and Hannover (Germany),

·         Diffuse Diffusion: The Example of Family Land in the Caribbean basin, Jane Glenn, McGill University (Canada)

·         The Contamination of Islamic law in UK: the Case of the “Special Guardianship”, Rita Duca, Palermo (Italy)

I.C           Domestication of Western Legal Ideas in the Near and Middle East

·         From the Civilizing Mission to the Domestication of Western Ideas and Laws: The Ottoman Mixed Commercial Courts in the Late Nineteenth Century, Zülâl Muslu, Max-Planck-Institut für europäische Rechtsgeschichte (Germany)

·         Lost in Translation: Codes, Judges and International Lawyers in Nineteenth-Century Egypt, Luigi Nuzzo, University of Salento (Italy)

·         The Diffusion of Western Legal Concepts in the Kuwaiti Legal System: An Examination of Selected Concepts from an Historical and Contemporary Perspective, Myra EJB Williamson, Kuwait International Law School (Kuwait)

12:15-14:00         Lunch

14:00-15:15         Parallel Sessions II

II. A        Institutional, Doctrinal, and Judicial Vehicles of Legal Diffusion

·         The Society for Comparative Legislation - A Vehicle for Legal Diffusion, David Schorr, Tel Aviv University (Israel)

·         Anglo-American Law in 20th Century Italy: Mario Sarfatti’s Contribution to Comparative Law, Annamaria Monti, University of Bocconi (Italy),

·         The Judicial Committee of the Privy Council: Common Law and its Localisation in the Commonwealth, Pamela Martino, University of Bari (Italy) 

II.B         Public Policy and Internal Diffusion of Norms

·         Public Policy as a Gate-keeper between Human Rights Law and Private Law in Italy, Pasquale Laghi, Treviso (Italy)

·         Public Policy and the Interface between National and Local Governance in Italy, Flavio Ponte, Università Cattolica del Sacro Cuore, Milano (Italy)

·         The Role of Public Policy in a Mixed Jurisdiction: the Maltese Experience, David E. Zammit, University of Malta (Malta)

II.C         Colonial and Postcolonial Legacy

·         Migration Policies and Legal Transplant in the Mediterranean Area: Control Strategies between Colonialism and Post-Colonialism, Eliana Augusti, University of Salento (Italy)

·         The Diffusion of Legal Culture in the Colonial and Post-Colonial Context: Two Israeli Stories Nir Kedar, University of Bar-Ilan (Israel)

·         Many Islands one Nation: Many Nations one Island, Sue Farran, Northumbria University (England)

15:15-15:45         Break

15:45-17:00         Parallel Sessions III

III.A        Challenging Legal Traditions and Families

·         Germany’s Plural Legal Culture, Russell A. Miller, Washington & Lee University (US)

·         Piecemeal Legal Origins, Alessandro Romano, LUISS Guido Carli, Rome (Italy)

·         Diffusion: On the Role of Translation in Circulating Legal Patterns, Sieglinde E. Pommer, Harvard University (USA) and Max-Planck Institute for Comparative Public Law and International Law (Germany)

III.B        Western Influences in the Asia Pacific Region

·         The Influence of American Law in the Asia Pacific Region, Alma Pekmezovic, La Trobe University (Australia)

·         Diffusion of Competition Law in Asia: Mutual Influence Among Peripheral Countries, Knut Fournier, University of Paris Nanterre (France) & University of Leiden (the Netherlands)

·         Freedom of Speech and Doctrine of Personal Privacy: a Comparative Law Analysis Originating from a South Korean Case,  Giovanni Tamburrini, Solbridge International School of Business (Korea)

III.C        Circulation of Institution and Standards in Criminal Justice

·         Adapting to the West? European Legal Traditions in Early Modern Russian Criminal Law, Marianna Muravyeva, University of Helsinki (Finland)

·         The Reception of the French Model of the Institution of the Prosecutor on the Lands of the Duchy of Warsaw, Damian Jagusz, University of Gdańsk  (Poland)

·         Diffusion of International Prisons Standards: The Case of The People’s Republic of China,  Elisa Nesossi, The Australian National University (Australia)

17:00-17:30         Break

17:30-18:30         Juris Diversitas General Meeting

18:30-19:30         Drinks

20:00                     Conference Dinner

Tuesday, June 4, 2013

9:00-9:30              Coffee

9:30-10:45           Parallel Sessions IV

IV.A       Revisiting the Geography and Notion of Legal Transplant

·         The Heterophoton of Legal Systems and Cultures: Legal Systems and Cultures as Moons, Antonios E. Platsas, University of Derby (England)

·         A Romanian Epistemology of Legal Transplant: The Theory of ”Forms without Substance” Manuel Gutan, Lucian Blaga University of Sibiu (Romania)

·         Expanding Legal Geographies: A Call for a Critical Comparative Approach,  Alexandre Kedar, University of Haifa (Israel)

IV.B        Mixed Jurisdictions in Historical Perspective

·         Institutions d’origine musulmane dans le droit municipal castillan au Moyen âge (XIIe-XIIIe siècle), Marisa Bueno, University of Nantes (France)

·         Transplantation of Roman law in Jewish Legal tradition of France, Provence and Catalonia in the Middle Ages,  Nadezda Koryakina, University of Nantes (France)

·         Libel, Liberty and Security in the 1820s Cape Colony,  Kirsten McKenzie, University of Sydney (Australia)

IV.C        Diffusion of Small Business Entities

·         Missionaries as Carriers of the WLT in Africa under Colonial Rule: A Case from the Congo, Jacques Vanderlinden, Université libre de Bruxelles, Belgium, and Moncton, Canada

·         The property of Croatian Communal Households: Division per capita or per linea, or: Did the Austrian General Civil Code Alter the Concept of Family Cooperatives? Mirela Krešić, University of Zagreb (Croatia)

·         The Diffusion of Limited Companies with Extremely Low Capital throughout Europe, Alessio Bartolacelli, University of Trento (Italy)

10:45-11:15         Break

11:15-12:45         Parallel Sessions V

V.A         Moving Constitutional Doctrines: Theory and Practic

·         Diffusion of Anglo-American Social Contract Theory in Europe, Alessio Lo Giudice, University of Catania (Italy)

·         Direct Democracy and Metropolitan Fragmentation in Switzerland and in California: The Diffusion of Direct Democracy Instruments in the End of the 19th Century and its Effects on the Governance Models today in the Metropolitan Area, Thomas Favre-Bulle, École Polytechnique Fédérale de Lausanne (Switzerland)

·         Comparative Constitutional Jurisprudence: an Empirical Survey of the Influence of Foreign Law on South African Law through Constitutional Adjudication, Christa Rautenbach, North-West University (South Africa)

V.B         Eastern and Western Europe: Identity and Transplant

·         The “Margin of Appreciation” in EHRC Case Law a Boundary Line to Legal Transplants? Alessandra Pera, University of Palermo (Italy)

·         Legal Transplants in Russia: What do They Look Like and where to Find Them? Ekaterina Mouliarova, Regensburg (Germany) and the Moscow Lomonossow State University (Russia),

·         Legal Transplants and Legal Tradition in Russian Law, Irina Moutaye, The Institute of Legislation and Comparative Law (Russia)

V.C         Shifting Boundaries: Societies in Transition

·         The American Territories in the Light of International Law, in two Treatises of the Sixteenth Century,  Claudia Lopez, University of the Sea (Mexico)

·         The Transplantation of an International and Medieval European Legal Institution to the Tropical Wilderness: The Just War in Portuguese America´s Colonial Law (XVI-XIX Centuries), José Pina-Delgado, Instituto Superior de Ciências Jurídicas & Sociais Praia – Republic of Cape Verde (Cape Verde)

·         Transitions and Diffusion: Global Industries of Legal and Social Transformation, James Gallen, Dublin City (Ireland)

12:45-14:30         Lunch

14:30-15:45         Parallel Sessions VI

VI.A       Challenging and Rebuilding Homogeneity

·         Codes and Nations: For a Neo-Durkheimian Approach to Codification History, Nikolaus Linder, University of Göttingen (Germany)

·         Contamination of Different Penal Systems in the Duchy of Warsaw and the Kingdom of Poland - Polish and Foreign Traditions, Anna Klimaszewska and Michał Gałędek, University of Gdańsk (Poland)

·         Shape of Liability for Succession Debts in Evolving Circumstances, Elwira Macierzyńska -Franaszczyk, University of Kozminski (Poland)

VI.B        Legal Transplants in Recent Codes

·         Legal Transplants and the Relation between the Legal Framework and Judicial Practice: Albanian Case, Juliana Latifi, Justicia (Albania)

·         Implementation of the Foreseeability Clause into the New Hungarian Civil Code: Experiment on a Legal Transplant? Ádám Fuglinszky, Eötvös Loránd University (Hungary)

·         “Svěřenský fond (Trust)”:  Daring New Legal Transplant in the Czech Law, Kateřina Ronovská, Masaryk University Brno (Czech Republic)

VI.C        Mixed Jurisdictions on the Move

·         Pothier, Planiol, Gény, and Friends: How French Scholarship Shaped Louisiana Law, pour le meilleur et pour le pire, François-Xavier Licari, Université de Lorraine (France)

·         Diffusion and Civil Code in Louisiana, Biagio Ando, University of Catania (Italy)

·         Diffusion, Persistence, Mutation and Professional Strategies: On Marital Property in Cyprus, Nikitas Hatzimihail, University of Cyprus (Cyprus)

15:45-16:15         Break

16:15-16:45         Plenary Session

·         Micro-Jurisdictions Through the Westphalian Lens: a Research Proposal, Ignazio Castellucci, University of Trento (Italy) and University of Macau (China)

16:45-18:00         Plenary Session with Panel Discussion

·         Introductory remarks on Academic Formalism in France and the United States, Olivier Moréteau, Louisiana State University (USA)

·         Diffusion, Past and Future, Reshaping Comparative Law?, Franz Werro, University of Fribourg (Switzerland), Salvatore Mancuso, University of Cape Town (South Africa), Lukas Heckendorn Urscheler, Swiss Institute of Comparative Law (Switzerland), Seán Patrick Donlan, University of Limerick (Ireland)