11 May 2013
10 May 2013
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.
09 May 2013
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.
08 May 2013
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.
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.
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
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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 ...
07 May 2013
CONFERENCE: Transitional Justice in Africa: Lessons Learned in Going Forward
Transitional
Justice in Africa:
Lessons Learned in Going Forward
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)
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
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.1:30 PM - 3:30 PM US EDT
By teleconference only
Speakers:
Moderator:
|
Registration
Rates:
$15 - Section of
International Law Members
$25 - SIL Non-Members
$25 - SIL Non-Members
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
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
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
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.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
Speakers:
Moderator:
|
This
brown bag program is free and open to the public.
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
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
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 ...
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 ...
06 May 2013
JURIS DIVERSITAS: 2013 ANNUAL CONFERENCE PROGRAMME (3-4 JUNE - LAUSANNE, SWITZERLAND)
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)
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