JOURNAL: (2013) 6:1 Journal of Civil Law Studies

(2013) 6:1 Journal of Civil Law Studies is now published. The issue in its entirety and each individual article are available at http://digitalcommons.law.lsu.edu/jcls/. For an overview, see the LSU Law Wordwide Blog.

BOOK: Descheemaeker and Scott on Iniuria and the Common Law

Hart Publishing has published the following:

Iniuria and the Common Law

Edited by Eric Descheemaeker and Helen Scott

The delict of iniuria is among the most sophisticated products of the Roman legal tradition. The original focus of the delict was assault, although iniuria-literally a wrong or unlawful act-indicated a very wide potential scope. Yet it quickly grew to include sexual harassment and defamation, and by the first century CE it had been re-oriented around the concept of contumelia so as to incorporate a range of new wrongs, including insult and invasion of privacy. In truth, it now comprised all attacks on personality.

It is the Roman delict of iniuria which forms the foundation of both the South African and-more controversially-Scots laws of injuries to personality. On the other hand, iniuria is a concept formally alien to English law. But as its title suggests, this book of essays is representative of a species of legal scholarship best described as 'oxymoronic comparative law', employing a concept peculiar to one legal tradition in order to interrogate another where, apparently, it does not belong. Addressing a series of doctrinal puzzles within the law of assault, defamation and breach of privacy, it considers in what respects the Roman delict of iniuria overlaps with its modern counterparts in England, Scotland and South Africa; the differences and similarities between the analytical frameworks employed in the ancient and modern law; and the degree to which the Roman proto-delict points the way to future developments in each of these three legal systems.

Eric Descheemaeker is a Lecturer in European Private Law at the University of Edinburgh.

Helen Scott is an Associate Professor in the Department of Private Law at the University of Cape Town.

BLOG: Larry Catá Backer on Elements of Law

Readers might be interested in a class that Larry Catá Backer has been discussing on his Law at the End of the Day Blog.

So far, he's written about the class--Elements of Law-- in two posts:

• Elements of Law 3.0: On the Relevance of a First Year Law Course Designed to Frame the Law School Curriculum
• Elements of Law 3.0: Notes for Readings I-A (What is Law? Introduction: The cast of characters, institutions and forms); Reading Justinian's Institutes

Among other things, the class brought to mind Roderick A Mcdonald and Jason MacLean, 'No Toilets in Park' (2005) 50 McGill Law Journal/Revue de droit de McGill 721.

Have a look. 

- SPD

JOURNAL: German Law Journal

The new issue of the German Law Journal, Review of Developments in German, European and International Jurisprudence is now available at www.germanlawjournal.com.

The new issue is an international and comparative Symposium on Constitutional Reasoning, which brings together an impressive and inspiring international group of scholars in constitutional law, comparative law, legal theory and legal philosophy. The Symposium, as highlighted by the author of the introduction, the President of the Federal Constitutional Court of Germany, Professor Andreas Vosskuhle, is both timely and on the cutting edge of comparative constitutionalism, as it illustrates the relevance of contextualized and historically informed comparative jurisprudence. Such scholarship navigates the boundaries between adjudication and comparative constitutional theory and further informs the fast growing and increasingly global practice and discourse on judicial dialogue.

CONFERENCE: 2013 American Society of Comparative Law Annual Meeting

UALR William H. Bowen School of Law to Host 2013 Conference

The  William H. Bowen School of Law will host the 2013 American Society of Comparative Law annual meeting.

The event will be held Oct. 10-12, 2013, in Little Rock.

The American Society of Comparative Law (ASCL) is the leading organization in the United States promoting the comparative study of law. Founded in 1951, the Society publishes The American Journal of Comparative Law, the outstanding American publication of scholarship on comparative law.

Registration information

BOOK: Possami, Richardson, and Turner on Legal Pluralism and Shari’a Law

Prakash Shah mentioned the following new book on Pluri-Legal:

Adam Possami, James T Richardson, and Bryan Turner (eds),  Legal Pluralism and Shari’a Law

Legal pluralism has often been associated with post-colonial legal developments especially where common law survived alongside tribal and customary laws. Focusing on Shari‘a, this book examines the legal policies and experiences of various societies with different traditions of citizenship, secularism and common law. Where large diasporic communities of migrants develop, there will be some demand for the institutionalization of Shari‘a at least in the resolution of domestic disputes. This book tests the limits of multiculturalism by exploring the issue that any recognition of cultural differences might imply similar recognition of legal differences. It also explores the debate about post-secular societies specifically to the presentation and justification of beliefs and institutions by both religious and secular citizens.

BOOK: Lindahl on Fault Lines of Globalization:

Oxford University Press will soon publish Hans Lindahl, Fault lines of globalization: legal order and the politics of a-legality:


The question whether and how boundaries might individuate and constitute a legal order has yet to be discussed in a systematic and comprehensive manner by legal and political theory. This book seeks to address this important omission, providing an original contribution to the debate about law in a global setting. It opposes the widely endorsed assumption that we are now moving towards law without boundaries, and argues that every imaginable legal order, global or otherwise, is bounded in space, time, membership, and content.The book is built up around three main insights. Firstly, that legal orders can best be understood as a form of joint action in which authorities mediate and uphold who ought to do what, where, and when with a view to realising the normative point of acting together. Secondly, that behaviour can call into question the boundaries that determine who ought to do what, where and when: a-legality. Thirdly, that this a-legality reveals boundaries as marking a limit and, to a lesser or greater extent, a fault line of the respective legal order.

CONFERENCE: Contrasting Minority and Indigenous Rights in Practice

UK Network on Minority Groups and Human Rights
Conference: Contrasting Minority and Indigenous Rights in Practice
28 October 2013: Call for Papers and Panels

The UK Network on Minority Groups and Human Rights was established in May 2009 to provide a specialist interdisciplinary forum for scholars working in the area of minority and indigenous rights to meet and discuss new developments, focusing in particular on the development of links between early career and more established researchers working in this area. More information on the Network can be found here: http://www.sas.ac.uk/hrc/networks. The third Network conference will be held at Senate House, School of Advanced Study, University of London on 28 October 2013. Funding for the workshop has been secured from the Human Rights Consortium at the School of Advanced Study.

The main theme of this conference will be to examine the contrasts between the minority rights and indigenous rights legal framework, discourse and practice by juxtaposing the two regimes on panels focused on a specific theme. For example, a panel may include papers on the experience of extractive industries by both minorities and indigenous peoples to highlight how the different legal frameworks translate to practice, how communities are working together or in conflict, and how states have responded differently to these distinct groups. We aim to raise some critical questions about the evolution of the legal frameworks and tensions in practice that have resulted from distinct protection tools.

In addition, the conference will include panels and papers on other themes pertaining to minority rights and indigenous peoples’ rights. Thus, we are making both an open call for papers on any theme related to the Network’s work and a call for papers and panels that address the specific theme of this year’s conference.

BOOKS: Legal Argumentation and Jewish Law

The following two books have been brought to my attention.

Christian Dahlman and Eveline Feteris (eds), Legal argumentation theory: cross-disciplinary perspectives


This book offers its readers an overview of recent developments in the theory of legal argumentation written by representatives from various disciplines, including argumentation theory, philosophy of law, logic and artificial intelligence. It presents an overview of contributions representative of different academic and legal cultures, and different continents and countries. The book contains contributions on strategic maneuvering, argumentum ad absurdum, argumentum ad hominem, consequentialist argumentation, weighing and balancing, the relation between legal argumentation and truth, the distinction between the context of discovery and context of justification, and the role of constitutive and regulative rules in legal argumentation. It is based on a selection of papers that were presented in the special workshop on Legal Argumentation organized at the 25th IVR World Congress for Philosophy of Law and Social Philosophy held 15-20 August 2011 in Frankfurt, Germany.

Yona Ghertman, La loi juive dans tous ses états: de l'actualité du droit rabbinique à notre époque

Plus qu'une religion, le Judaïsme apparaît comme une Loi. L'étude du Talmud et de la Halakha (Loi juive) représente un va-et-vient entre l'étude de l'Histoire du Droit et celle du Droit contemporain.

CONFERENCE: Development of Russian Law-VI: Between Tradition and Modernity

The Institute of International Economic Law at the Faculty of Law of the University of Helsinki is pleased to announce the consecutive conference in Development of Russian law, which will take place in Helsinki on October 17-18, 2013.

This conference continues the series of workshops, seminars, and conferences in Russian law, organized by the Faculty of Law since 2008. This annual event is devoted to discussions of the new and important topics within the field of Russian law and legal studies. The 2013 theme is development of Russian law between tradition and modernity and what choices and strategies it makes in the present-day situation.

The proposals shall be sent to katti-admin@helsinki.fi with the mention of Development of Russian Law-VI in the subject matter by September, 1st, 2013.

If you have any questions, please contact Dr. Marianna Muravyeva, Docentti, Senior Researcher,
marianna.muravyeva@helsinki.fi.

VACANCY: Max Planck Senior Research Fellow (Postdoc)

The Max Planck Institute for Comparative Public Law and International Law invites applications for a position to start on 1st September 2013 or on appointment as a Senior Research Fellow (Postdoc) (full or part-time) with Professor Anne Peters.

The senior research fellow will conduct postdoctoral research (own publications and contribution to common research projects), particularly in the field of public international law (including international and European human rights law), global governance, and also European Union law and comparative constitutional law. Teaching at the law faculty of the University of Heidelberg (mainly in German language) can be arranged in consultation with the faculty. The position is open to candidates interested in acquiring a postdoctoral academic qualification in form of a habilitation (postdoctoral thesis) or other publications; further details are subject to agreement.

How to apply
Please electronically submit your application (CV; essential academic records; one to two own legal manuscripts with no more than approx. 50 pages in total, such as one chapter of the PhD thesis or a scholarly paper; possibly also a letter of recommendation) by 30 August 2013 (or later upon agreement) to: APeters-office@mpil.de.

VACANCY: Research Fellow

The Max Planck Institute for Comparative Public Law and International Law invites applications for a position to start on 1^st September 2013 or later as a Research Fellow (PhD candidate) part-time (50%) with Professor Anne Peters.                                  
The research fellow will conduct legal research (contribution to common research projects and own publications), particularly in the field of public international law (including international and European human rights law), global governance, and European Union law and comparative constitutional law.

Candidates are expected to write a dissertation (PhD thesis) in one of the aforementioned fields of research. Teaching at the law faculty of the University of Heidelberg (mainly in German language) can be arranged in consultation with the faculty.

The applicants are required to hold a university degree in law (with distinction), to have a deep knowledge of public international law, to demonstrate great interest in academic research, and to be fully proficient in English (in written and oral); further language skills are of advantage.

How to applyPlease electronically submit your application (CV; copies of academic records; a PhD project description of no more than 1-2 pages, one own legal manuscript, such as a seminar paper; possibly also a letter of recommendation) by 30 August 2013 (or later upon agreement) to APeters-office@mpil.de (personal assistant, director Anne Peters) via the Apply button below.

OPPORTUNITY: Assistant Professor of Jurisprudence/ Legal History

Tilburg Law School offers highly-ranked national and international education and legal research. Within Tilburg Law School, the Department of Public Law, Jurisprudence and Legal History has a vacancy for an assistant professorship in the fields of comparative law, jurisprudence and legal history.

As assistant professor you can be tasked to teach in a range of courses in the fields of comparative law, jurisprudence and legal history, both at the Bachelor as well as the Master level. Assistant professor contributes to the development of courses. Candidate should

• be a team player and conduct research, individually as well as with colleagues;
• can also be assigned administrative responsibilities within the Department or Tilburg Law School;
• will be asked to contribute to the community activities for first year students;
• have excellent didactic and strong communication skills;
• be experienced with performing research and preferably also with providing academic education;
• be able to translate his/her research to social relevance;
• like to take initiative, are enthusiastic and hold a doctoral degree on one of the domains that are relevant for this vacancy (or expect to obtain this soon);
• beable to publish academic research papers both nationally and internationally;
• be ought to have grown to an specialist within his/her field of expertise within a few years from now and to have built the accompanying network;
• be able to transfer his/her own knowledge in an enthusiastic and clear manner to the students;
• have to exert effort to acquiring external research projects (via the market, NWO or through other channels);
• have Basic Teaching Qualification (BTQ) or to acquire this within one year from the appointment on the job.

Additional information about Tilburg University and the Department of Public Law, Jurisprudence and Legal History can be found on: https://www.tilburguniversity.edu/.

Specific information about the vacancy can be obtained from prof. Maurice Adams, per e-mail: M.Adams@uvt.nl.
Applications must be submitted before 1 September 2013. You can apply for this vacancy only online via the link.

Mastering American Indian Law

by Angelique Townsend EagleWoman, Stacy L. Leeds

Mastering American Indian Law is a text designed to provide readers with an overview of the field.  By framing the important eras of U.S. Indian policy in the Introductory Chapter, the text flows through historical up to contemporary developments in American Indian Law.  This book will serve as a useful supplement to classroom instruction covering tribal law, federal Indian law and tribal-state relations.  In ten chapters, the book has full discussions of a wide range of topics, such as: Chapter 2 – American Indian Property Law; Chapter 3 – Criminal Jurisdiction in Indian Country; Chapter 4 – Tribal Government, Civil Jurisdiction and Regulation; Chapter 8 – Tribal-State Relations; and Chapter 9 – Sacred Sites and Cultural Property Protection. Throughout the text, explanations of the relevant interaction between tribal governments, the federal government and state governments are included in the various subject areas.  In Chapter 10 – International Indigenous Issues and Tribal Nations, the significant evolution of collective rights in international documents is focused upon as these documents may be relevant for tribal governments in relations with the United States.  For Indian law courses, law school seminars on topics in American Indian Law, undergraduate and graduate level American Indian Studies classes, and those interested in the field, this book will provide an easy-to-read text meant to guide the reader through the historical to the contemporary on the major aspects of American Indian law and policy. 

CALL FOR PAPERS: Special Issue of the Cyprus Human Rights Law Review

European Human Rights Law Institute and Intersentia have issued a call for papers for the special issue of the Cyprus Human Rights Law Review.

The topic of the call of papers is 'Recourse to the European Human Rights Law framework in response to the economic crisis'.

Interested authors are invited to submit an abstract of their proposed paper by 11 October 2013 to info@ehrli.org. The abstracts should be no more than three pages long and be in English. Earlier submissions are welcome. The abstracts will be reviewed by members of the Cyprus Human Rights Law Review’s Editorial and Scientific board and a number of authors will be invited to submit their final papers of no more than 15,000 words by 30 November 2013. Already published papers will not be eligible for consideration.

CONFERENCE: The Animal Law Conference

The Animal Legal Defense Fund has announced 21st Annual Animal Law Conference.

The Conference is being hosted by Stanford Law School Palo Alto, California, October 25-27, 2013.

The Animal Law Conference is the central gathering point of the global animal law community. The Animal Law Conference gives attorneys, law students, professors, and activists from around the world a place to share ideas, knowledge, and practical skills about advancing the interests of animals through the legal system. Today, the conference has become one of the largest and most popular of its kind, featuring some of the most respected voices in the field of animal law.

Registration is here.

The Conference's agenda can be found  here.

CALL FOR PAPERS: Saint-Petersburg Uni Press

Saint-Petersburg University Press has issued a call for papers.

We are looking for artcles on comparative private law and comparative legislation. Succesful article:

- no more then 25 pages,

- has sent before 1st December 2013;

- may be published before, but not in Russia;

- written in English, Dutch or Russian;

- having interesting abstract in English (200 words);

- with short author's CV.

 

Preferred topics are:

• Civil law v. Common law;
• Modern Civil Legislation;
• Legal Research and Legislation;
• History of Civil Law;
• Civil Law in Common Law Countries;
• Civil Law Systems.

Succesul articles will be translated into Russian and published in Saint-Petersburg by leading Russian journal 'Jurisprudence' ('Pravovedenie').
Contact details: moutaye@gmail.com, Irina Moutaye, editor of SPbUP.

 

 

SPD: On the Road Again

Having a great time at a Lund Comparative Legal History Workshop.

Today we discussed the meaning of 'comparative legal history', its methodology, and custom. You won't be surprised to hear that I argued for a broad and interdisciplinary conceptualisation of the subject.

More tomorrow and a volume in the future.

CONFERENCE: Gender and 'The Law' - Limits, Contestations and Beyond

International Conference
Gender and "The Law":
Limits, Contestations and Beyond
4-6 June 2014, Izmir, Turkey

Call for Papers

Abstract Submission Deadline: 7 December 2013

This interdisciplinary conference will explore the discursive, historical, political, social limits of legal systems, including state laws, policies, institutionalised un-written based customs, traditions and their operation about gender-related as well as gender-specific issues. Legal systems often structure, impacts, controls, constructs or deconstructs, intervenes and acts against certain relations whether between or intra states. Legal norms established to protect or promote gender equality may have unintended consequences and legal norms that seem irrelevant to gender may nonetheless significantly impact gender issues and various forms of gender-related violence.

The conference aims to engage with different legal systems across cultures focusing on the ways in which social mores are institutionalised in societies aiming to render a subtle, complex account of the discursive construction of gender, linking together ideologies, language, their cultural groundings and their operation in legal context. It invites the participants to bring in the cases that enable further discussions in relation to broader contexts including social, political, cultural, economic and legal processes that underlie the construction of the gendered subjectivities.

This conference is open for papers across disciplines, including, but not limited to, legal studies, sociology, anthropology, gender studies, cultural studies, politics, international relations and else.