30 December 2014

JURIS DIVERSTIAS: President's Message 2014

All, 

I hope this finds each of you well.

I write on behalf of the Juris Diversitas Committee (me, OlivierIgnazioSalvatoreLukas, and Christa) with an update on our activities. My apologies for the length of this message. It's been another busy year. 

We have many new members and our Annual Conference, held at Aix-Marseille University (France) in July, was a great success. I’m especially thankful for the work of Olivier and the local organisers. In addition to other events being planned for the new year, our 2015 Conference will be held here in Limerick (immediately before the Irish Society of Comparative Law Conference). I hope that many of you can make it.

REMINDER - CALL FOR PAPERS: Juris Diversitas Annual Conference (Limerick, Ireland - 2-4 June 2015)

CALL FOR PAPERS
ANNUAL CONFERENCE  
2-4 June 2015
School of Law, University of Limerick
Limerick, Ireland
THE STATE AND/OF COMPARATIVE LAW

[Note that the Irish Society of Comparative Law annual conferences will be held in Limerick immediately afterwards. Its theme is ‘Comparative Law: From Antiquity to Modernity’ and the same proposal may be submitted for both conferences. See here.]

While any proposal on comparative law (broadly conceived) will be considered, the conference’s primary theme is the relationship between social and legal norms and social and legal institutions. In memory of Roderick A Macdonald (1948-2014) and H Patrick Glenn (1940-2014), both former members of our Advisory Council, particular attention will be given to the diverse themes of their scholarship: for example, ‘common laws’, ‘constitutive polyjurality’, ‘critical legal pluralism’, ‘everyday law’, and ‘legal cosmopolitanism’.

As with our past conferences, proposals on a wide variety of topics will be accepted: comparative jurisprudence and legislation, legal philosophy, legal education, law reform, etc. Presentations may be theoretical analyses or case studies on the past or present, North or South, East or West ….

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 of three twenty-minute presentations will be used, we welcome more original session structures.

Proposals should be in English or French. Proposals of c250 words (or 1000 words for panel proposals) should be submitted to Olivier Moréteau at moreteau@lsu.edu by 15 January 2015, with a short biography or resume (c250 words). Please send Word documents only, with minimal formatting.

Registration fees are €200 (€125 for Juris Diversitas members paid up for 2015). Membership and fee payment information is available on the Juris Diversitas Blog (http://jurisdiversitas.blogspot.ie/). Note that fees don’t cover travel, accommodation, or the conference dinner (€50).

24 December 2014

08 December 2014

ARTICLE ANNOUNCEMENT: "Tracing an Outline of Legal Complexity"

From: Ratio Juris, Vol. 27, Issue 4, pp. 477-495, 2014 (click here to buy this article from SSRN)
by: TOM WEBBLancaster University Law School
Email: t.webb@lancaster.ac.uk
Autopoiesis and systems theory are terms often treated as synonymous by lawyers. This sleightofphrase elides the space between autopoiesis and systems theory, removing its content. Within this eliminated space there exist numerous understandings of systems approaches in law; one such understanding is complexity theory. Complexity theory entails a very different systems view of law to that of autopoiesis. In this paper I explore the concepts of complexity and their relevance to law. In tracing an outline of complexity, a number of contradictions, paradoxes, and additional questions are exposed which require further detailed analysis in the future.

JURIS DIVERSITAS (BOOK): Palmer, Mattar, and Koppel (eds) on Mixed Legal Systems, East and West


Advance publication information is now available on an

Vernon Valentine Palmer,
Mohamed Y Mattar, and Anna Koppel (eds),

Mixed Legal Systems, East and WestAdvancing legal scholarship in the area of mixed legal systems, as well as comparative law more generally, this book expands the comparative study of the world’s legal families to those of jurisdictions containing not only mixtures of common and civil law, but also to those mixing Islamic and/or traditional legal systems with those derived from common and/or civil law traditions.

With contributions from leading experts in their fields, the book takes us far beyond the usual focus of comparative law with analysis of a broad range of countries, including relatively neglected and under-researched areas. The discussion is situated within the broader context of the ongoing development and evolution of mixed legal systems against the continuing tides of globalization on the one hand, and on the other hand the emergence of Islamic governments in some parts of the Middle East, the calls for a legal status for Islamic law in some European countries , and the increasing focus on traditional and customary norms of governance in post-colonial contexts. 

This book will be an invaluable source for students and researchers working in the areas of comparative law, legal pluralism, the evolution of mixed legal systems, and the impact of colonialism on contemporary legal systems. It will also be an important resource for policy-makers and analysts.

Advance reviews include the following:

‘Globalization is leading to the convergence of legal systems and traditions - from all across the world. Helping us to understand what the future of the law may look like, this book presents findings from those living legal laboratories - the “Mixed Legal Systems”. The book presents findings from the usual civil/common law mixed systems and the non-western, religious and philosophical-based legal systems. Such a comprehensive approach provides the reader with a sophisticated appreciation of the real mixing that is taking place and consequently provides a better feel for what might be the future of the law on Earth.’
Colin Picker, the University of New South Wales, Australia

‘Many of the legal systems discussed in the present volume have not been the subject of academic analysis in the past, and in that sense, it constitutes an original and refreshing contribution to the history and jurisprudence of mixed legal systems. The focus on the indigenous, customary and religious systems of the East, with special emphasis on Islamic law, is highly relevant to contemporary developments all over the world as the legal boundaries between West and East shift, and mixed systems become more prevalent. This book provides an indispensable guide to what is rapidly becoming one of the most important fields in this branch of comparative legal studies.’
Tamar Gidron, The College of Management Academic Studies, Israel

JURIS DIVERSITAS: Ashgate Publishing - Special offer to Juris Diversitas members

Ashgate Publishing - Special offer to Juris Diversitas members

In addition to hosting our book series and a partner page, Ashgate Publishing is delighted to offer members of Juris Diversitas a special discount of 20% on all Ashgate’s titles. 

How to claim your Ashgate discount.

03 December 2014

BOOK ANNOUNCEMENT: The Evolution of Law and the State in Europe

A new book from Hart Publishing by Spyridon Flogaitis. Click here to buy this title.

Most books about public power and the state deal with their subject from the point of view of legal theory, sociology or political science. This book, without claiming to deliver a comprehensive theory of law and state, aims to inform by offering a fresh reading of history and institutions, particularly as they have developed in continental Europe and European political and legal science. Drawing on a remarkably wide range of sources from both Western and Eastern Europe, the author suggests that only by knowing the history of the state, and state administration since the twelfth century, can we begin to comprehend the continuing importance of the state and public powers in modern Europe. In an era of globalization, when the importance of international law and institutions frequently lead to the claim that the state either no longer exists or no longer matters, the truth is in fact more complex. We now live in an era where the balance is shifting away from the struggle to build states based on democratic values, towards fundamental values existing above and beyond the borders of nations and states, under the watchful gaze of judges bound by the rule of law.

BOOK ANNOUNCEMENT: The law of superheroes

An intriguing and entertaining look at how America’s legal system would work using the world of comic books.

The dynamic duo behind the popular website LawAndTheMultiverse.com breaks down even the most advanced legal concepts for every self-proclaimed nerd.

James Daily and Ryan Davidson—attorneys by day and comic enthusiasts all of the time—have clearly found their vocation, exploring the hypothetical legal ramifications of comic book tropes, characters, and powers down to the most deliciously trivial detail.

The Law of Superheroes asks and answers crucial speculative questions about everything from constitutional law and criminal procedure to taxation, intellectual property, and torts, including:
  • Could Superman sue if someone exposed his true identity as Clark Kent?
  • Are members of the Legion of Doom vulnerable to prosecution under RICO?
  • Do the heirs of a superhero who comes back from the dead get to keep their inherited property after their loved one is resurrected?
  • Does it constitute “cruel and unusual punishment” to sentence an immortal like Apocalypse to life in prison without the possibility of parole?
Engaging, accessible, and teaching readers about the law through fun hypotheticals, The Law of Superheroes is a must-have for legal experts, comic nerds, and anyone who will ever be called upon to practice law in the comic multiverse.

CALL FOR PAPERS: 25 YEARS AFTER THE TRANSFORMATION - LAW AND LEGAL CULTURE IN CENTRAL AND EASTERN EUROPE BETWEEN CONTINUITY AND DISCONTINUITY

Deadline: 31 December 2014
Quarter of a century ago, attheturn of 1989 and 1990, Central and Eastern Europe - then known as the ‘Soviet bloc’ - experienced an unprecedented socio-economic and political transformation. The hitherto existing system, known as ‘Actually Existing Socialism’, crumbled, and countries of the region started a transition towards a capitalist market economy and a political democracy.
The aim of the conference is to focus on the socio-legal aspects of the transformation. Whilst some areas, such as lustration and transitional justice, have been already thoroughly researched, others such as the impact of transformation upon private law, procedural law or general administrative law still remain to be analysed in more detail. In particular, an aspect which is generally neglected in contemporary scholarship are so-called ‘legal survivals’ of the socialist period, that is those legal institutions which have not been removed after transformation but still remain in place. Furthermore, some scholars argue that there is a strong continuity in legal culture, such as attitudes of judges and scholars to legal interpretation or generally held views on the place of law in society. Our aim is to invite a broad outlook upon the socio-legal aspects of transformation, including the role of law in the transformation of social conciousness, the construction of collective identities and the framing of social dialogue.

The conference will take place at the Masaryk University (Brno, Czech Republic), on 16-17.4.2015. 
Click here for the full text of this call.

02 December 2014

CALLS FOR PAPERS - BACK-TO-BACK CONFERENCES: Juris Diversitas (2-4 June 2015) and Irish Society of Comparative Law (5-6 June 2015)

NOTE: CALLS FOR PAPERS

The Juris Diversitas and Irish Society of Comparative Law annual conferences will be hosted back-to-back at the School of Law of the University of Limerick in Limerick, Ireland.

The theme of the former is ‘The State and/of Comparative Law’; the theme of the latter is ‘Comparative Law: From Antiquity to Modernity’.

See the links here and here.

01 December 2014

CALL FOR PAPERS: The State and/of Comparative Law - Juris Diversitas Conference (2-4 June 2015 - Limerick, Ireland)

CALL FOR PAPERS
ANNUAL CONFERENCE  
2-4 June 2015
School of Law, University of Limerick
Limerick, Ireland

THE STATE AND/OF COMPARATIVE LAW

While any proposal on comparative law (broadly conceived) will be considered, the conference’s primary theme is the relationship between social and legal norms and social and legal institutions. In memory of Roderick A Macdonald (1948-2014) and H Patrick Glenn (1940-2014), both former members of our Advisory Council, particular attention will be given to the diverse themes of their scholarship: for example, ‘common laws’, ‘constitutive polyjurality’, ‘critical legal pluralism’, ‘everyday law’, and ‘legal cosmopolitanism’.

As with our past conferences, proposals on a wide variety of topics will be accepted: comparative jurisprudence and legislation, legal philosophy, legal education, law reform, etc. Presentations may be theoretical analyses or case studies on the past or present, North or South, East or West ….

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 of three twenty-minute presentations will be used, we welcome more original session structures.

Proposals should be in English or French. Proposals of c250 words (or 1000 words for panel proposals) should be submitted to Olivier Moréteau at moreteau@lsu.edu by 15 January 2015, with a short biography or resume (c250 words). Please send Word documents only, with minimal formatting.

Registration fees are €200 (€125 for Juris Diversitas members paid up for 2015). Membership and fee payment information is available on the Juris Diversitas Blog (http://jurisdiversitas.blogspot.ie/). Note that fees don’t cover travel, accommodation, or the conference dinner (€50).

28 November 2014

BOOK: Duve (ed) on Entanglements in Legal History: Conceptual Approaches

I'm delighted to announce the publication of Thomas Duve (ed), Entanglements in Legal History: Conceptual Approaches

The book is the first on a new series--Global Perspectives on Legal History 1--from the Max Planck Institute for European Legal History. It's free online here and available in Print on Demand. 

And for those interested, it includes my 'Entangled up in Red, White, and Blue: Spanish West Florida and the American Territory of Orleans, 1803–1810':

Legal History presents a broad panorama of historical processes that trigger theoretical reflections on legal transfers and legal transplants and on the problem of the reception and assimilation laws and other modes of normativity. In this volume, legal historians across the globe reflect on their analytical traditions and present case studies in order to discuss how entangled histories of law can be understood, analyzed and written.

In the first section of this volume, ‘Traditions of Transnational Legal History’, the authors revisit specific achievements and shortcomings of legal historical research against the backdrop of postcolonial and global studies. Reflections on our own disciplinary traditions that reveal the path-dependencies include critical accounts on the tradition of ‘European Legal History’,‘Codification history’, the emergence of ‘Hindu Law’, and the methodological aspects of Comparative Law.

The four articles in the second section, ‘Empires and Law’, showcase entangled legal histories forged in imperial spaces, for instance, through treaties concluded in the spheres of influence of ancient Roman Empire, which in this instance is analyzed as a process of ‘narrative transculturation’. Analogously, transnational institutions adjudicating merchant-disputes in the Early Modern Spanish Empire and normative frameworks constructed in a multilingual space shortly after its decline are analyzed as ‘diffusion and hybridization’. And finally, the spotlight is cast on the so-called ‘craftsmen of transfer’ and the bureaucrats that took practical comparative law as the basis to design the German colonial law.

In the third section, ‘Analyzing transnational law and legal scholarship in 19th and early 20th century’, seven case studies offer theoretical reflections about entangled legal histories. The discussions range from civil law codifications in Latin America as ‘reception’ or ‘normative transfers’, entangled histories of constitutionalism as ‘translations’ and ‘legal transfer’, formation of transnational legal orders in 19th century International Law and the International Law on state bankruptcies to the impact of transnational legal scholarship on criminology. All articles engage in methodological reflections and discussions about their concrete application in legal historical research.



25 November 2014

JURIS DIVERSITAS BOOK SERIES UPDATE: Farran, Gallen, Hendry, and Rautenbach (eds), The Diffusion of Law is added to 2015 Titles


Juris Diversitas is proud to have a book series with Ashgate Publishing (we're also a Publishing Partner): 

Rooted in comparative law, the Juris Diversitas Series focuses on the interdisciplinary study of legal and normative mixtures and movements. Our interest is in comparison broadly conceived, extending beyond law narrowly understood to related fields. Titles might be geographical or temporal comparisons. They could focus on theory and methodology, substantive law, or legal cultures. They could investigate official or unofficial ‘legalities’, past and present and around the world. And, to effectively cross spatial, temporal, and normative boundaries, inter- and multi-disciplinary research is particularly welcome. 
Concepts of Law

The series currently includes:

Launches of these titles will be announced soon.

Among other titles, the following are due in 2015:
    A Study of Mixed Legal Systems: Endangered, Entrenched or BlendedWhile we anticipate publishing future collections (original, conference-based, Festschriften, etc), we're also very interested in publishing monographs and student texts. 

    Note that selected volumes are also provided free with membership.

    ARTICLE: Methodological pluralism and legal comparison

    A new interesting article From social and political philosophy eJournal.

    Methodological Pluralism and Legal Comparison


    Roberto Scarciglia 


    University of Trieste

    May 1, 2014

    in R. Scarciglia and W. Menski (eds.)m Islamic Symbols in European Courts, Cedam-Kluwer, 2014, pp.21-34. 

    Abstract:      

    The aim of this paper is to show how the methodological tools used in much more comparative analyses are not suitable to study complex phenomena as the diversity and legal implications of religious factors on the decision of the courts.

    Click here for more details.

    24 November 2014

    WANTED: Youngish Society would like to meet Complementary Societies and Individuals.

    WANTED

    Youngish society would like to meet complementary societies and individuals. Both trysts and marriage(s) considered. Long distance relationships acceptable, but willing to relocate. Fun and travel anticipated. 

    Must accept bald men. Size irrelevant.

    Juris Diversitas


    PS Sense of humour essential.

    BOOK: Rohe on Islamic Law in Past and Present

    Mathias Rohe, Islamic Law in Past and Present, tr. Gwendolin Goldbloom:

    Islamic Law in Past and Present, written by the lawyer and Islamicist Mathias Rohe, is the first comprehensive study for decades on Islamic law, legal theory, reform mechanisms and the application of Islamic law in Islamic countries and the Muslim diaspora. It provides information based on an abundance of Oriental and Western sources regarding family and inheritance law, contract and economic law, penal law, constitutional, administrative and international law. The present situation and ‘law in action’ are highlighted particularly. This includes examples collected during field studies on the application of Islamic law in India, Canada and Germany.

    BOOK: Foblets et al on Belief, Law and Politics: What Future for a Secular Europe

    Belief, Law and PoliticsMarie-Claire Foblets, Katayoun Alidadi, Jørgen S Nielsen, and Zeynep Yanasmayan (eds), Belief, Law and Politics: What Future for a Secular Europe?

    This edited collection gathers together the principal findings of the three-year RELIGARE project, which dealt with the question of religious and philosophical diversity in European law. Specifically, it covers four spheres of public policy and legislation where the pressure to accommodate religious diversity has been most strongly felt in Europe: employment, family life, use of public space and state support mechanisms. Embracing a forward-looking approach, the final RELIGARE report provides recommendations to governance units at the local, national and European levels regarding issues of religious pluralism and secularism. This volume adds context and critique to those recommendations and more generally opens an intellectual discussion on the topic of religion in the European Union. The book consists of two main parts: the first includes the principal findings of the RELIGARE research project, while the second is a compilation of 28 short contributions from influential scholars, legal practitioners, policy makers and activists who respond to the report and offer their views on the sensitive issue of religious diversity and the law in Europe.


    23 November 2014

    JOURNAL: Caron on Teaching law and Transnationalism

    David Caron (Dean, Dickson Poon School of Law, King’s College London) has published 'Teaching of law must reflect realities of a transnational world':

    We live in a period of economic globalisation in which we are witnessing the convergence of humanity around fundamental rights and values and the demands of shared challenges such as climate change.

    Once you accept that law is a reflection of – and is fundamentally shaped by – underlying political, social and economic structures, then it becomes clear that a transnational emphasis is essential....

    The full article is here.

    21 November 2014

    SSRN ARTICLE ANNOUNCEMENT: Law and Society in Brazil at the Crossroads: A Review

    We suggest some interesting articles from SOCIAL & POLITICAL PHILOSOPHY eJOURNAL, Vol. 7, No. 155: Nov 19, 2014. Please click here to view the full full abstracts for this issue.

    TAMIR MOUSTAFASimon Fraser University (SFU)
    Email: tmoustafa@sfu.ca
    Once regarded as mere pawns of their regimes, courts in authoritarian states are now the subject of considerable attention within the field of comparative judicial politics. New research examines the ways in which law and courts are deployed as instruments of governance, how they structure state-society contention, and the circumstances in which courts are transformed into sites of active resistance. This new body of research constitutes an emergent field of inquiry, while simultaneously contributing to a number of related research agendas, including authoritarian durability and regime transition, human rights, transitional justice, law and development, and rule-of-law promotion. Moreover, this research offers important insights into the erosion of rights and liberties in “consolidated democracies.”


    Law and Society in Brazil at the Crossroads: A Review
    JOSÉ REINALDO LOPESUniversity of Sao Paulo - Faculdade de Direito
    Email: jrllopes@terra.com.br
    ROBERTO FREITAS FILHO
    Uniceub
    Email: robertofreitas_filho@yahoo.com.br
    This article presents a general overview of Brazilian sociolegal studies. After presenting a short historical narrative of the field in Brazil, we argue that the early years of intense teaching of legal sociology had a politically committed approach, which gave rise to growing criticism of Brazilian legal scholarship that in turn affected the self-image of law professors. Different theoretical strands appeared in the years that followed, and some specific fields of research gained importance, particularly those concerning a sociology of the legal profession, the administration of courts, and law schools. However, we contend that as time went by, many sociolegal scholars began to neglect the critical approach to law, and today most of them fail to confront critical aspects of the gap between law on the books and law in action, especially when that gap affects lower classes or stigmatized populations.


    DEVON W. CARBADOUniversity of California, Los Angeles (UCLA) - School of Law
    Email: carbado@law.ucla.edu
    DARIA ROITHMAYR
    USC Gould School of Law
    Email: droithmayr@law.usc.edu
    Social science research offers critical race theory (CRT) scholars a useful methodology to advance core CRT claims. Among other things, social science can provide CRT with data and theoretical frameworks to support key empirical claims. Social psychology and sociology in particular can help to explain how race constructs key aspects of social experience - for example, the role of race in suspicion of African Americans as potentially criminal and the use of excessive force by law enforcement. At the same time, a collaboration between CRT and social science risks undermining CRT critiques of objectivity and neutrality and potentially limits the theory's ability to combat structural forms of racial inequality. CRT scholars can mitigate these risks by choosing social science methods carefully and by recognizing that social science is only one among several modes of knowledge production.

    JOURNAL ANNOUNCEMENT: Theory and Practice of Legislation new issue

    Hart Publishing has just published a new issue, volume 2, no. 2, of The Theory and Practice of Legislation.
    Click here to visit the Journal's homepage.

    The Theory and Practice of Legislation aims to offer an international and interdisciplinary forum for the examination of legislation. The focus of the journal, which succeeds the former title Legisprudence, remains with legislation in its broadest sense. Legislation is seen as both process and product, reflection of theoretical assumptions and a skill. The journal addresses formal legislation, and its alternatives (such as covenants, regulation by non-state actors etc.). The editors welcome articles on systematic (as opposed to historical) issues, including drafting techniques, the introduction of open standards, evidence-based drafting, pre- and post-legislative scrutiny for effectiveness and efficiency, the utility and necessity of codification, IT in legislation, the legitimacy of legislation in view of fundamental principles and rights, law and language, and the link between legislator and judge. Comparative and interdisciplinary approaches are encouraged. But dogmatic descriptions of positive law are outside the scope of the journal. The journal offers a combination of themed issues and general issues. All articles are submitted to double blind review.

    BOOK ANNOUNCEMENT: Legal Innovations in Asia

    Judicial Lawmaking and the Influence of Comparative Law

    Edited by John O. Haley, Affiliate Professor of Law, University of Washington, Professor of Law, Vanderbilt University and William R. Orthwein Distinguished Professor of Law Emeritus, Washington University in St. Louis., US and Toshiko Takenaka, Washington Research Foundation/W. Hunter Simpson Professor of Technology Law, University of Washington School of Law, US

    'Armed mainly with tremendous scholarly energy, the University of Washington has developed into the premier center of Asian legal studies in North America. This volume is a tribute to the breadth and depth of activity at the Asian Law Center over its first five decades, and a treasure trove of substantive insights into comparative law in Asia. As Asian law continues to attract more attention around the world, we must all be grateful for the contributions of the innovators who built the field.'
    – Tom Ginsburg, University of Chicago Law School, US

    ‘Professors Haley and Takenaka have put together a wonderfully eclectic collection of essays to commemorate the founding of the Asian Law Center at the University of Washington School of Law in 1964. Written by leaders in their respective fields, the essays, which explore legal developments, innovations and transplants in Japan and its neighbours, will appeal to scholars and students of Japanese law, as well as comparative lawyers with an interest in Asian law.’
    – Jean Ho, National University of Singapore

    ‘For fifty years now, the University of Washington's Asian Law Center has stood at the center of American scholarship on Japanese law. Its scholars have consistently produced the very best work in the field, and men and women associated with it have increasingly turned their attention to other legal systems in Asia as well. In this broad-ranging volume, the contributors explore the intriguing connections among the many legal systems at stake. They have produced a tantalizing blend of analytical depth and geographical breadth.’
    – J. Mark Ramseyer, Harvard Law School, US

    Legal Innovations in Asia explores how law in Asia has developed over time as a result of judicial interpretation and innovations drawn from the legal systems of foreign countries.

    Expert scholars from around the world offer a history of law in the region while also providing a wider context for present-day Asian law. The contributors share insightful perspectives on comparative law, the role of courts, legal transplants, intellectual property, Islamic law and other issues as they relate to the practice and study of law in Japan, China, Taiwan, Korea and Southeast Asia.

    Students and scholars of Asian law will find this a timely and fascinating read, as will legal practitioners and colleagues of the Asian Law Center.


    2014 392 pp Hardback 978 1 78347 278 9 Regular Price £95.00  Web Price £85.50 ebook 978 1 78347 279 6

    Studies in Comparative Law and Legal Culture series

    Ebooks from £13.00 for monographs and £36.90 for handbooks are available on Google and Ebooks.com. Prices vary due to retailer discount and local tax.

    CONFERENCE: "LE DROIT ET LA DUREE : UNE APPROCHE CRITIQUE…"

    SÉMINAIRE INTERNATIONAL 

    "LE DROIT ET LA DUREE : UNE APPROCHE CRITIQUE…"

    Laboratoire CERC - Jeudi 27 novembre 2014 Campus de Toulon Porte d’Italie

    « Il faut bien attendre que le sucre fonde »
    Dans l’œuvre de Bergson la durée est cette conscience qui, par le biais de l’intuition, appréhende le temps à partir d’une prise de conscience immédiate. Pour que certaine choses se fassent il faut du temps, certes, mais pas uniquement ce temps extérieur de la science il est aussi nécessaire que cette chose se diffère en qualité. En ce sens, la durée intérieure est une durée qualitative et un progrès… La durée est ainsi ce progrès continu du passé qui ronge l’avenir et qui gonfle en avançant. Cette durée qui fait boule de neige dans notre perception du temps permet ainsi d’associer, d’une part, la matière qui se déroule du passé vers le futur sous une forme déterministe et d’autre part, la vie qui quant à elle est indétermination et ouvre le présent à l’avenir. On le comprend cette question de la durée ouvre à l’égard du droit un champ complexe d’interrogations : le droit privilégie t-il la durée ou l’évènement ? Comment le droit s’inscrit-il dans la vie d’une société ? Comment parvient-il également à s’inscrire dans une conscience sous une forme intuitive ?
    Cette question inhérente à la relation entre droit et durée est elle différente selon les systèmes juridiques ? Par ailleurs cette relation est-elle nécessaire à la construction d’une ontologie du droit ?

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