17 August 2013

BOOK: Kelsen Revisited: New Essays on the Pure Theory of Law


Edited by Luís Duarte d'Almeida, John Gardner and Leslie Green
Forty years after his death, Hans Kelsen (1881-1973) remains one of the most discussed and influential legal philosophers of our time. This collection of new essays takes Kelsen's Pure Theory of Law as a stimulus, aiming to move forward the debate on several central issues in contemporary jurisprudence. The essays in Part I address legal validity, the normativity of law, and Kelsen's famous but puzzling idea of a legal system's 'basic norm'. Part II engages with the difficult issues raised by the social realities of law and the actual practices of legal officials. Part III focuses on conceptual features of legal systems and the logical structure of legal norms. All the essays were written for this volume by internationally renowned scholars from seven countries. Also included, in English translation, is an important polemical essay by Kelsen himself.

Luís Duarte d'Almeida is Chancellor's Fellow in Law at the University of Edinburgh.
John Gardner is Professor of Jurisprudence at the University of Oxford.
Leslie Green is Professor of the Philosophy of Law at the University of Oxford.

August 2013 298pp Hardback 9781849464567 RSP: £50 / 65 / US$100

20% DISCOUNT PRICE: £40 / €52 / US$80

16 August 2013

BOOK: Frankenberg on Comparative Constitutional Design and Legal Culture

Constitutional orders and legal regimes are established and changed through the importing and exporting of ideas and ideologies, norms, institutions and arguments. The contributions in this book discuss this assumption and address theoretical questions, methodological problems and political projects connected with the transfer of constitutions and law.

Some of the chapters focus on the pathways, risks and side-effects of legal-constitutional transfers in specific situations, such as postcolonial societies and occupied territories. Others follow law beyond the official arenas into systems of legal pluralism, while others analyze how experimentalism generates hybrid constitutional orders.

This interdisciplinary, multi-jurisdictional study will appeal to researchers, academics and advanced students in the fields of comparative constitutional law, comparative law and legal theory. 

15 August 2013

SEMINAR: Religion, Self-Government and Private Law


The third seminar in the series, originally planned for September 20, will now take place at the University of Kent (Keynes College Room KS14) on September 19, 2013.

Private law is associated with the possibility of individual and group self regulation. It allows citizens to depart from and supplement public norms. Our focus in this seminar will be on the developing religious use of private law to depart from the norms of state family law. Should we be troubled by ‘privatized diversity’  and the spectre of ‘law without a state’?  Does the emancipatory adage ‘from status to contract’ entirely capture the use of private law by minority groups to defend and sustain territory apart from the state? Does the channelling of religious disputes through private law depoliticize and marginalise them?

To register your interest in attending any of the seminars please use the registration form here.

JOURNAL: International Journal of Humanities and Social Science

Call for Papers
International Journal of Humanities and Social Science (IJHSS)
ISSN 2220-8488 (Print), 2221- 0989 (Online)

International Journal of Humanities and Social Science (IJHSS) is an open access, peer-reviewed and refereed international journal published by Center for Promoting Ideas, USA. The main objective of IJHSS is to provide an intellectual platform for the international scholars. IJHSS aims to promote interdisciplinary studies in humanities and social science and become the leading journal in humanities and social science in the world.

The journal publishes research papers in the fields of humanities and social science such as anthropology, business studies, communication studies, corporate governance ,criminology, cross-cultural studies ,demography, development studies, economics, education, ethics, geography, history, industrial relations, information science, international relations, law, linguistics, library science, media studies, methodology, philosophy, political science, population Studies, psychology, public administration, sociology, social welfare, linguistics ,literature, paralegal, performing arts (music, theatre & dance), religious studies ,visual arts, women studies and so on.

The journal is published in both print and online versions.

ARTICLE: Dumova on Blogging across Borders and Cultures

Tatyana Dumova has published ‘Blogging across borders and cultures’ on SSRN:

In many parts of the world, blogs have become a popular medium for communicating personal thoughts, opinions, interests, and ideas. A blog is an amazingly simple and at the same time extremely versatile interactive communication system. Blogging offers people ample opportunities for communication, interaction, sharing, and collaboration. Time spent on the Internet becomes an indispensable part of an individual’s personal and social life regardless of the socioeconomic status, cultural background, ethnicity, religion, age, or gender. The focus of the present issue is on bloggers’ motivations, personality traits, the connection between online and offline activities, as well as attitudes towards larger social, cultural, and political issues.

CONFERENCE: Australasian Law Teachers Association Annual Conference 2013

Austrlasian Law Teachers Association announced Annual Conference and Call for Papers.

The Conference is being hosted by the ANU College of Law at The Australian National University, Canberra.
29 September 2013 - 1 October 2013.

The theme of this year’s conference explores the proposition that through teaching (and research) we determine the way in which students understand the law and what it is to be a lawyer. The way in which we structure our law school curricula and the individual courses within those curricula shapes how our students conceive of the intellectual and ethical parameters of the law.
The theme of the 2013 ALTA conference invites us to reflect on this gatekeeping role: what responsibilities does it carry? What scope do we have to make distinctive contributions to this role? What role should students play? Is the gatekeeper metaphor accurate?

Deadline for abstracts has been extended to 16 August 2013.

13 August 2013

BOOK: van Roermund on Legal Thought and Philosophy

Edward Elgar Publishing has recently published Bert van Roermund's  Legal Thought and Philosophy:  What Legal Scholarship is About:

Legal Thought and Philosophy clarifies background questions in legal research projects, such as the relationship between law and justice, law and politics, law and knowledge, facts and norms, normativity and validity, constituent and constitutional power, and rule and context. It provides advanced students in law and philosophy with an account of legal thinking that combines analytical and phenomenological insights.

From a conception of justice as principled political self-restraint, the book explains why there are moral reasons to separate law from morality conceptually and in what sense a legal order is positive – that is, set by authority and bound up with history. The book explores the conditions under which law may become an object of knowledge and theorising, before finally discussing how these features come together in law as rule-following by citizens, officials, judges, and legislators alike.

Addressing advanced students in law and philosophy, this key book:

• bridges separate traditions in legal philosophy (in particular analytical philosophy and phenomenology)
• develops a view of law as an institution of authority from a conception of justice in the socio-political relationship between ‘we’ and ‘the others’
• presents a systematic account of normativity and validity
• explains in what sense law is ‘doing things with rules’.

12 August 2013

ARTICLE: Joseph on Tintin and Human Rights

Sarah Joseph has published ‘A human rights reading of Tintin’ on SSRN:

This paper analyses Herge's Tintin books in terms of the politics of the series, as a precursor to its human rights messages, in particular regarding racism, sexism and due process. Politically, Tintin swings from right to left. Despite heavy (and often justified) criticism of the series as racist, Herge's books are more nuanced, as they include conscious if clumsy anti-racist messages.

Ultimately, Tintin is a quintessentially European product of his time, and the books are in fact a unique chronicle of one half of the twentieth century, warts and all. Nevertheless, the warts (and even Herge's failure to recognise them) have not stopped the ongoing globalisation of the Tintin books' appeal many decades after their creator's death. 

ARTICLE: Indigenous Nations & Peoples Law eJournal

The Indigenous Nation & People Law eJournal, Vol 9, No 28, editied by Carrie Garrow and Kevin Maillard of the Syracuse University College of Law and Syracuse University College of Law is now available. To access this eJournale, read the abstracts and download individual papers please click here.

The Indigenous Nations and Peoples eJournal (INPJ) is an interdisciplinary journal that examines legal and policy issues associated with Indigenous nations and peoples throughout the world. 
The eJournal focuses on four primary areas: 1. The internal law and governance of Indigenous nations and tribal societies; 2. The law and policy of colonizing nation-states towards Indigenous peoples within their borders; 3. International law affecting the rights of Indigenous peoples; 4. The sovereignty and self-determination of Indigenous nations and peoples.

This eJournal is sponsored by The Center for Indigenous Law, Governance & Citizenship at Syracuse University College of Law is the only research-based law and policy institute on the East Coast focused on Indigenous law and sovereignty.

Table of Contents
Architectural Design Controls on Minority Places of Worship in Australia: State Encroachment on Religious Expression and Religious Exercise
 Noel G. Villaroman, Monash University - Faculty of Law, Integrated Bar of the Philippines, Center for Civil and Human Rights, Law and Religion Scholars Network (LARSN)

The Relevance of Aboriginality in Sentencing: Findings from Interviews in the ACT
Christina Lewis, University of Canberra
Anthony Hopkins, University of Canberra – Faculty of Law
Lorana Bartels, University of Canberra - School of Law and Justice

Excerpt from Mastering American Indian Law: Chapter 3 - Criminal Jurisdiction in Indian Country
 Angelique Townsend EagleWoman, University of Idaho - College of Law
Stacy L. Leeds, University of Arkansas School of Law

Land Rights that Come with Cut-Off Dates: A Comparative Reflection on Restitution, Aboriginal Title, and Historical Injustice
 Edward Cavanagh, University of Ottawa, University of the Witwatersrand

Grappling at the Grassroots: Litigant-Efforts to Access Economic and Social Rights in India
Jayanth K. Krishnan, Indiana University Maurer School of Law
Shirish Naresh Kavadi, National Centre for Advocacy Studies
Azima Girach, Centre for Social Justice
Dhanaji Khupkar, Independent
Kalindi Kokal, National Centre for Advocacy Studies
Satyajeet Mazumdar, Centre for Social Justice
Ms. Nupur, Centre for Social Justice
Gayatri Panday, Centre for Social Justice
Aatreyee Sen, JAGORI Grameen
Aqseer Sodhi, Centre for Social Justice
Bharati Takale Shukla, National Centre for Advocacy Studies

How Can Traditional Knowledge Best Be Regulated? Comparing a Proprietary Rights Approach with a Regulatory Toolbox Approach
Miranda Forsyth, Australian National University (ANU) - Regulatory 

The Center:

1- Conducts policy analysis relating to all aspects of Indigenous sovereignty, its exercise and recognition by other nations and governments;
2- Engages in analytical research focusing on the law, governance, and citizenship of Indigenous nations and peoples;
3- Provides technical assistance to Indigenous nations and governments;
4- Offers education and training on Indian law and policy issues; 
5- Promotes a greater understanding of the law, governance, and history of the Haudenosaunee (the "People of the Longhouse").

11 August 2013

JOURNAL: Transnational Legal Theory

Hart Publishing has released that Transnational Legal Theory Volume 4, Issue 1 is now published.

To access this issue on-line, read the abstracts and purchase individual papers please click here. Subscription and further information about Transnational Legal Theory are available here.

The journal includes the  following articles: