04 January 2014
03 January 2014
02 January 2014
I’m delighted to note the forthcoming publication of Maurice Adams and Dirk Heirbaut (eds), The Method and Culture of Comparative Law: Essays in Honour of Marc Van Hoecke.
The book’s abstract reads:
Awareness of the need to deepen the methodological foundations of legal research is only recent. The same is true for comparative law, by nature a more adventurous branch of legal research, which is often something researchers simply do, whenever they look at foreign legal systems to answer one or more of a range of questions about law, whether these questions are doctrinal, economic, sociological, etc. Given the diversity of comparative research projects, the precise contours of the methods employed, or the epistemological issues raised by them, are to a great extent a function of the nature of the research questions asked. As a result, the search for a unique, one-size-fits-all comparative law methodology is unlikely to be fruitful. That however doesn't make reflection on the methodology and culture of comparative law meaningless. Marc Van Hoecke has, throughout his career, been interested in many topics, but legal theory, comparative law and methodology of law stand out. Building upon his work, this book brings together a group of leading authors working at the crossroads of these themes: the methodology of comparative law.
Contributors include Maurice Adams, John Bell, Joxerramon Bengoetxea, Roger Brownsword, Seán Patrick Donlan, Rob van Gestel and Hans Micklitz, Patrick Glenn, Jaap Hage, Dirk Heirbaut, Jaakko Husa, Souichirou Kozuka and Luke Nottage, Martin Löhnig, Susan Millns, Toon Moonen, Francois Ost, Heikki Pihlajamäki, Geoffrey Samuel, Mathias Siems, Jørn Øyrehagen Sunde, Catherine Valcke and Matthew Grellette, and Alain Wijffels.
Additional information on the volume, including a discount, will be posted here soon.
01 January 2014
31 December 2013
This year's problem question relates to the law of the sea and criminal jurisdiction, however input from those with a general knowledge of PIL would also be most helpful.
Little or no preparation is required. Practice judges would be given a summary of facts in advance (with further pleadings, if requested) and asked to attend a session at Keble College on an evening of their choice from 5-7pm. Practice judges who are willing to attend more than one session are very much encouraged to do so.
If interested, please sign up online here, taking note of the room where the session will take place.
The Jessup team would like to express its gratitude in advance to those who volunteer.
Please direct all questions to Bríd Ní Ghráinne at firstname.lastname@example.org
30 December 2013
Diana Bajada's Abuse of Rights in Maltese Jurisprudence: A Civil Law Concept within a Mixed Jurisdiction is now available:
This book provides an inquiry into the concept of abuse of rights as understood under civil law, common law and mixed jurisdictions, giving a comparative view which yields identifiable sources and general elements which make up the notion. Relevant legislative texts dealing with the notion bring forth the accepted standards. An analysis of court judgments, nonetheless, exposes also other trends. A study of Maltese jurisprudence, keeping also in mind the comparative perspective, determines whether elements identified as emanating from the notion are mere characteristics, or whether they are requisites without which the defendant cannot be held liable for tort. The French system appears to remain the central model by which jurisdictions continue to be inspired. This study brings out whether Maltese judges have, notwithstanding the influx of a common law mentality, remained true to the original source. A comparative analysis exposes how Malta tends towards offering the most flexible and all-encompassing approach, this by employing its rationale of a mixed jurisdiction, typified by its customary blending of the civil and the common law.