15 May 2015

LECTURE: Brian Tamanaha - Inaugural Cotterrell Lecture in Sociological Jurisprudence (Queen Mary, University of London)

Professor Brian TamanahaThe Cotterrell Lecture

in Sociological Jurisprudence:

Professor Brian Tamanaha

28 May 2015

Time: 6:30 - 8:30pm 
Venue: Lecture Theatre, ArtsOne Building, Queen Mary University of London, Mile End Road, London E1 4NS
The Inaugural Cotterrell Lecture in Sociological Jurisprudence will be given by Professor Brian Tamanaha (Washington University Law School), Distinguished Visiting Fellow at Queen Mary University of London in May-June 2015, on 28 May 2015. This event will be chaired by Professor Richard Nobles (Queen Mary University of London).

14 May 2015

JURIS DIVERSITAS: Annual Conference 2015 Programme

2 June (afternoon) to 4 June 2015
School of Law, University of Limerick, Ireland

Co-sponsored by
School of Law, University of Limerick & Juris Diversitas

Tuesday, June 2, 2015

14:00                     Registration
14:30                     Welcoming Address
In memoriam Roderick A. Macdonald (1948-2014) and H. Patrick Glenn (1940-2014)]
14:45                     Plenary – Keynote
Chair: Seán Patrick Donlan
·         A Theoretical Basis for Comparative Legal Pluralism, Brian Z. Tamanaha, Washington University School of Law (United States)
16:00-16:30         Break
16:30-18:00         Parallel Sessions I
I.A          Legal Pluralism in Africa
·         The Dominance of Legal Pluralism in a Post-Colonial South Africa: Where do We Stand almost Three and a Half Centuries after Western Legal Transplantation?, Christa Rautenbach, North-West University (South Africa)
·         The Relevance of Comparative Jurisprudence in the Namibian Legal System, Samuel Amoo, University of Namibia (Namibia)
·         Mapping or Codifying? The Project on the Ascertainment of Customary Law in Somaliland, Salvatore Mancuso, University of Cape Town (South Africa)
I.B           Structuring Mixed Legal Systems
·         The Political Purpose of a Mixed Legal System Conception: The Case of Scotland, Andreas Rahmatian, University of Glasgow (Scotland)
·         Quebec’s “droit commun” as its Basic General Law, Matthieu Juneau, Université Laval, Québec (Canada)
I.C           New Dimensions of Constitutionalism
·         Constitutions beyond the State: a Miracle or a Mirage?, Ekaterina Yahyaoui Krivenko, National University of Ireland, Galway (Ireland)
·         An Approach to Comparative Environmental Constitutionalism, Francois Venter, North-West University, Potchefstroom Campus (South Africa)
·         La démocratie moderne au miroir de la pensée chinoise, Frédérique Rueda-Despouey, University of Bordeaux (France)
18:00-19:00         Reception – Juris Diversitas Book Series Launch

Wednesday, June 3, 2015

9:00-10:30           Parallel Sessions II
II.A         Law, Religion and Tradition
·         The British Religious and Secular Courts in Historical and Comparative Perspective, Martin Sychold, Swiss Institute of Comparative Law (Switzerland)
·         Interaction between Common Law and Islamic Law in Nigeria: a study of the application of the doctrine of Stare-Decisis in some Islamic Law cases in Northern Nigeria, Ahmed S. Garba, Bauchi State University, Gadau (Nigeria)
·         Traditio Canonica and Legal Tradition: The Role of the Canon Law in Contemporary Legal Debate, Lorenzo Cavalaglio, University of Udine (Italy)
II.B         Interaction and Convergence: Mixed Approaches
·         Liability for Losses Caused by Administrative Action in South Africa and the Netherlands, Rolien Roos, North-West University (South Africa)
·         The Convergence of Defamation in English Tort and French Criminal Law, Mathilde Groppo, King’s College London, Dickson Poon School of Law (United Kingdom)
·         Public or Private? Comparing the German and British Approaches to Enforcing Consumer Protection, Shane Patrick McNamee, University of Bayreuth (Germany)
10:30-11:00         Break
11:00-12:00         Parallel Sessions III
III.A        Legal Cosmopolitanism in Territorialized and De-Territorialized Law
·         Resorting to International Instruments for the Interpretation of European Private Law, Isabelle Rueda, University of Sheffield (United Kingdom)
·         International Commercial Arbitration, lex mercatoria, UNIDROIT Principles and Models Laws: Legal Cosmopolitanism within the World of Affairs?, Matteo Dragoni, University of Pavia (Italy)

III.B        Of Elites and their Influence
·         On Legal Elites and the Legal Profession in Cyprus, Nikitas Hatzimihail, University of Cyprus (Cyprus)
·         Anglo-Phone Legality: Ciceronian, Socratic and Derridian, Joseph P. Garske (United States)
III.C        Views of Law and the Cities
·         The Interaction between Non-Judicial Mechanisms of Conflict Resolution and the State: the Case Study of Maputo, Concetta Tina Lorizzo, University of Cape Town (South Africa)
·         Plurality and the City, Julian Sidoli del Ceno, Birmingham City University (United Kingdom)
12:00-14:00         Lunch
14:00-15:30         Parallel Sessions IV
IV.A       Comparative law, Circulation and Transplants
·         Comparative Law in Russia and CIS, Irina Moutaye, Institute of Legislation & Comparative Law, Moscow (Russia)
·         Legal Transplants and European Private Law, Domitilla Vanni di San Vincenzo, University of Palermo (Italy)
·         The Circulation of Legal Arguments among Courts : The Case of Brown v. Board of Education, Maria Chiara Locchi, University of Perugia (Italy)
IV.B        Intercultural Integration: Cosmopolitism and Pluralism
·         Errant Law: Spaces and Subjects, Mario Ricca, University of Parma, (Italy)
·         Living Together in a Critical, Pluralist and Cosmopolitan State?, Emma Patrignani, University of Lapland (Finland)
·         Comparing Hybrid Legal Systems in India: Similarities in Diversity, Andrea Borroni and Marco Seghesio, Seconda Università degli Studi di Napoli (Italy)
IV.C        Justified and Unjustified Enrichment
·         Unjustified Enrichment: Should South Africa Venture into the Thick Forest of Passing on Defence?, Aimite Jorge, University of Namibia (Namibia)
·         Unjust or Unjustified? A German-English Picture Puzzle, Nathalie Neumayer, University of Vienna (Austria)
·         Contract Formation in Context of Morality, Customs and Praxeology, Jakub Szczerbowski, University of Social Sciences and Humanities (Poland)
15:30-16:00         Break
16:00-17:15         PlenaryKeynote
·         Forms of Combined Comparative Research: Synchronised or Restricted?, Katharina Boele-Woelki, University of Utrecht (The Netherlands)
19:00                     Conference Dinner
Thursday, June 4, 2015

9:00-10:30           Parallel Sessions V
V.B         Indigenous Law and State Law
·         Explicit-Implicit Legal Pluralism, Elina Moustaira, University of Athens (Greece)
·         Critical Legal Pluralism in Afghanistan, Nafay Choudhury, American University of Afghanistan (Afghanistan)
·         Implications of an Adaptation Theory of Indigenous Law on Legal Pluralism in Africa, Anthony C. Diala, University of Cape Town (South Africa)
V.C         Shifts in Transmitting Property and Nationality
·         Remodeling Values Protected by the Law of Succession in the European Union, Elwira Macierzynska-Franaszczyk, Kozminski University (Poland)
·         Comparative Analyses of Testamentary Capacity, Linda Schoeman, University of Pretoria (South Africa)
10:30-11:00         Break
11:00-12:00         Parallel Sessions VI
VI.A       Challenging Legal Traditions
·         Socio-Cultural Challenges to Comparative Legal Studies in Mixed Legal Systems, Esin Örücü, University of Glasgow (Scotland)
·         From Law as a Legal Tradition to Traditions Invented Through Law: a European Perspective, Lorenzo Bairati, University of Pollenzo (Italy)
VI.B        Pluralistic Views on Land Issues in Indonesia
·         Controversies on the Existences of Indigenous Lands in Indonesia, Rina Shahriyani Shahrullah and Elza Syarief, Universitas Internasional Batam (Indonesia)
·         Legal Pluralism and Land Administration in West Sumatra: The Implementation of the Regulations of both Local and Nagari Governments on Communal Land Tenure, Hilaire Tegnan, Andalas University, Padang (Indonesia)
VI.C        Clash or Balance? Cyber Security v. Privacy, DNA v. Presumption of Innocence
·         A Vague Balance between Cyber Security and Right of Privacy: Israeli, International and Italian Law in a Comparative Perspective, Paola Aurucci, University of Milan (Italy)
·         A Clash of Icons? Is DNA Evidence Posing Threats to Presumption of Innocence in Ireland and France?, Michelle-Thérèse Stevenson, University of Limerick (Ireland)
12:00-14:00         Lunch

14:00-15:30         Parallel Sessions VII
VII.A      Panel – Buddhist Legal Traditions
·         Buddhist Tradition(s) on Law and Governance, Ignazio Castellucci, University of Trento (Italy)
·         Tibetan Epiphanies of Buddhist Law, Andrea Serafino, Università del Piemonte Orientale (Italy)
·         Tort Law in Buddhist Legal Traditions, Lukas Heckendorn Urscheler, Swiss Institute of Comparative Law (Switzerland)
VII.B      Everyday Life, Gender and Happiness
·         Cryptotypes and Implicits in Gender Issues, Barbara Pasa (paper prepared with Lucia Morra), University of Turin (Italy)
·         Ethnographic Study of the Everyday Legal Pluralism in India, Karine Bates, University of Montreal (Canada)
·         Love and Happiness in Law, Angelo Parisi, University of Rome Tor Vergata (Italy)
15:30-16:00         Break
16:00-17:00         Juris Diversitas General Meeting

17:00-17:30         Plenary – Closing Panel

13 May 2015

NEW JOURNAL: Calumet - Intercultural LAw and Humanities Review

'Calumet is an on-line pioneering review. It was formed with the goal of promoting interdisciplinary collaboration in the face of problems arising from intercultural relationships and their interweaving with legal experience. The premise and starting point of Calumet is the belief that even under the lens of law, people are not norms. More and more often, individuals from different cultures come into daily contact, interact, and arrange their own affairs. History and present intercultural relationships demonstrate, however, that the law inevitably crosses their paths. Normative structures are constantly looming in the background of their actions. The presence of law, perhaps silent at first, is nevertheless ready to burst forth at the first sign of possible conflict. At the same time, every contact between norms coming from different social or political circuits transmits interactions between cultural systems. Those intercultural intertwinings must be unveiled and eviscerated if we are to solve the problems ensuing from the overlap of differing legal contexts and traditions. In the contemporary world, people and norms, words and interests are continuously crossing borders, giving rise to new spaces for relating. The description and analysis of these new spaces calls for interdisciplinary tools. Drawing on their own cultural resources, each person has the possibility of modulating the interweaving between norms, power devices, and institutional structures. On the other hand, relying on the public influence of normative languages, the same people can foster translation and creative transactions between cultural systems. Just as in a pioneering experiment, human and social sciences and their respective scholars are all called upon to contribute to the unfolding of these processes of intercultural ‘creation’. From anthropology to semiotics, philosophy and aesthetics, history and geography, literature and psycho-social disciplines, up to medicine, ecology, religious studies and the analysis of relationships between religious traditions and secular institutions, each and every discipline should be empowered to coordinate with the study and intercultural use of law. The theoretical and pragmatic outcome of such cognitive and methodological convergence is the potential to sketch out traces for a human and legal subjectivity capable of supporting peaceful co-existence on both a local and global scale.

Our hope is that Calumet can become a meeting point that serves scholars from different disciplines pursuing these ends.'

JOURNAL: (2014) 9:2 Journal of Comparative Law

The latest Journal of Comparative Law (Wildy & Sons), a special issue on ‘interdisciplinary study and comparative law’, is out. 

The Guest Editors are Nicholas HD Foster, Maria Federica Moscati, and Michael Palmer. 

The issue includes:
  • Nicholas HD Foster, Maria Federica Moscati, and Michael Palmer, Introduction
  • Eric Heinze, The Literary Model in Comparative Law: Shaespeare, Corneille, Racine
  • Jaakko Husa, Interdisciplinary Comparative Law – Between Scylla and Charybdis?
  • Dionysia Katelouzou, A Leximetric Approach to Comparative Corporate Governance: The Case of Hedge Fund Activism
  • Karen McAuliffe, Translating Ambiguity
  • Fernanda Pirie, Comparison in the Anthropology and History of Law
  • Marian Roberts, A View from the Coal Face: Interdisciplinary Influences on Family Mediation in the United Kingdom
  • Mathias Siems, Bringing in Foreign Ideas: The Quest for ‘Better Law’ in Implicity Comparative Law
  • Florian Wagner-von Papp, Comparative Law & Economics and the ‘Egg-Laying Wool-Milk Sow’
  • Gary Watt, The Poverty of Economics and the Hope for Humanities in Comparative Law

  • c So’n BÙI Ngo. The Discourse of Constitutional Review in Vietnam
  • Günter Frankenberg, The Innocence of Method – Unveiled: Comparison as an Ethical and Political Act
  • Emily Lee, Comparing Hong Kong and Chinese Insolvency Laws and Their Cross-Border Complexities
  • Peter Tillers, The Fabrication of Facts in Investigation and Adjudication

Noted Publications
  • Pierre Legrand, Noted Publications

  • Ross Cranston, Simon Roberts. A Court in the City. Civil and Commercial Litigation at the Beginning of the 21st Century
  • Patricia NG, Lindblom, Anna-Karin, Non-Governmental Organisations in International Law

12 May 2015

PHOTO CONTEST: PRISMA Human Rights Photo Contest

The Global Campus of Master’s Programmes and Diplomas in Human Rights and Democratisation is pleased to announce the first edition of PRISMA Human Rights Photo Contest. We just launched officially the contest last week during the Venice Art Biennale opening, with Alfredo Jaar as a special guest. The photo contest is open from May 1 and will accept submissions through June 30 2015. We invite photographers, professional and amateur, from any part of the world to submit their work.

The selected images will be displayed, along with photographs by a special guest photographer, in an exhibition in Venice, at the Monastery of San Nicolò, the premises of EIUC the European Inter-University Centre for Human Rights and Democratisation in September 2015, during the 72nd Venice International Film Festival.

The goal of PRISMA is to complement academic research with other media of knowledge, such as photography, to reach a wider international public and foster a better understanding of human rights issues and their protection. PRISMA aims at being not only a photographic contest but also to become an annual event for photography on human rights worldwide. Furthermore, PRISMA’s purpose is to create a network of artists, intellectuals and professionals interested in strengthening the protection of human rights and the promotion of democracy and peace.

The theme for the 2015 edition is “Freedom”. The value of Freedom is at the very core of the concept of human rights: freedom from oppression, freedom of speech and belief, freedom from fear, freedom of thought and freedom of opinion. The images submitted for the photo competition should illustrate the relevance of “Freedom” as a fundamental human right and the importance of defending it.

For more detailed information please visit www.prismaphotocontest.com

11 May 2015

eJOURNAL ANNOUNCEMENT: Potchefstroom Electronic Law Journal

The 2015 vol 18 no 1 issue of the Potchefstroom Electronic Law Journal (PER) is now freely available at http://www.nwu.ac.za/p-per/2015%2818%291. As follows the index of the current issue:

CONFERENCE ANNOUNCEMENT: International Law as a Mechanism for Justice

International Law Association British Branch Spring Conference
International Law as a Mechanism for Justice
Location: University of Essex, Colchester Campus.
Dates: Friday 29 and Saturday 30 May 2015.

Click here for further information.