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.

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