Religious Accomodation and its Limits

 

Religious Accommodation and its Limits Farrah Raza

Drawing on case studies from the US, the UK, Germany and France, this book proposes an innovative harm based model for dealing with religious accommodation.

The Irish Yearbook of International Law - vol. 15, 2020

  

The Irish Yearbook of International Law, Volume 15, 2020 Edited by Bríd Ní Ghráinne, James Gallen and Richard Collins

This new volume includes contributions on international humanitarian law.

The Foundations of Russian Law

The Foundations of Russian Law Edited by Marianna Muravyeva

An accessible and scholarly account of the foundations of Russian law and its principal areas by leading experts in the field. http://email.bloomsburynews.com/c/1aj7OUVuvtvZr5FcQuLR0ugnAEjY

The Santillana Codes, by Dan E. Stigall

The Santillana Codes: the Civil Codes of Tunisia, Morocco, and Mauritania. In that book, my objects of focus are the civil codes in force in Tunisia, Morocco, and Mauritania.  The book also explores the history of their “intellectual father” – a Jewish man from Tunisia named David Santillana (1855 – 1931) who was a masterful comparativist and an expert in both Islamic law and European legal systems.  It also touches on the importance of civil codes in facilitating stability in volatile regions.

These subjects are difficult and intriguing due to the persistent lacunae in the literature regarding the law and legal history of Maghrebian and Sahelian states—a veil of obscurity which has served to undervalue African, Islamic, and Jewish contributions to global legal development.  The aim of my forthcoming book is, therefore, to dispel this obscurity by illuminating the work of David Santillana, an influential jurist and lawyer who worked in North Africa and Europe during the latter nineteenth and early twentieth centuries and his innovative approach to codification.  Beyond that, I aim to show how the legal histories and cultures of each relevant country contributed to this distinct class of uniquely African civil codes that are still in force today in a legal arc that extends from the Maghreb to the Sahel.

About the Author:

Dan E. Stigall is an attorney with the U.S. Department of Justice, Counterterrorism Section, National Security Division. He previously served on active duty in the U.S. Army JAG Corps from 2001-2009, serving in Europe, the Middle East, and the United States. LL.M., 2009, George Washington University School of Law; J.D., 2000, Louisiana State University, Paul M. Hebert Law Center; B.A., 1996, Louisiana State University.

Dan E. Stigall is a Contributing Fellow of the LSU Center of Civil Law Studies.

Additional Information:

This forthcoming book can already be ordered online. See: Friends of the Law Library of Congress

To download order form with 30% discount (valid until October 1, 2018), click here.

World Congress of Roman and Comparative Law "Contracts, Goods and Trade Market"

SSRN ARTICLE ANNOUNCEMENT: "Civil law"

A new article from Legal History eJournal (click here to browse all abstracts of the Journal)

"Civil Law"
Centre for the Study of European Contract Law Working Paper Series No. 2014-06
Amsterdam Law School Research Paper No. 2014-43
MARTIJN W. HESSELINK, University of Amsterdam - Centre for the Study of European Contract Law (CSECL)
Email: m.w.hesselink@uva.nl
The concept of civil law has two distinct meanings. First, civil law may refer to the branch of the law that deals with civil disputes, ie disputes between private parties (individuals, corporations), as opposed to other branches of the law, such as administrative law or criminal law, which relate to disputes between individuals and the state. Secondly, the term civil law is often employed to indicate a legal "tradition" or a "family" of legal systems, this time in contrast with other legal traditions or families, in particular the common law. This is the sense in which we say, for example, that France and Germany are civil law countries while the United States and Australia are common law countries. This forthcoming contribution to The Encyclopedia of Political Thought (M. Gibbons ed.) is concerned exclusively with the civil law in the latter sense.

The entry concludes that the number of contexts in which the concept of "civil law" today can be employed unproblematically, ie without running the risk of reductionism, anachronism, oversimplification or indeed caricature, seems rather limited. The similarities, differences and interconnections between the various jurisdictions in the world seem almost invariably to be far too complex to be capable of being usefully captured in the general concept of "the civil law" and its contrast with "the common law". In any case, the concept and its use is hardly ever neutral. Therefore, at best it can provide a convenient starting point for further critical analysis and discussion.

CONFERENCE: Sales Law in the Region of the Caucasus and Central Asia

Institute of East European Law of the University of Kiel and Al-Farabi Kazakh National University have announced the conference Sales Law in the Region of the Caucasus and Central Asia: between Divergence and Harmonization in Almaty, Kazakhstan 23-24 May 2014.

Target group: legal researchers and practitioners, governmental officials, who deal with international and national regulation of international trade (private law aspects) in the region of the Caucasus and Central Asia.

Conference language: English and Russian with simultaneous translation.

Topics: The Conference will deal on a comparative basis with the sales law in the region of the Caucasus and Central Asia, with particular accent on regulation of international sales contracts. Sales law of all countries besides Georgia base on the CIS Model Civil Code. In the recent 20 years the sales laws of the countries of the region were amended many times. The reforms were strongly influenced by international legal frameworks and foreign, in particular German, legislation. But these reforms were not harmonized between each other. Today we have quite different legal framework for the sales law. As the result the countries of the region approaching step-by-step to the international trends, are drifting more and more from each other. The Conference is targeting to shed light to this interesting development and compare it to the developments in the EU, in particular to establishment of the Common European Sales law. The Conference focuses on several aspects: the structure of the Sales Law, its development and the role of international organizations and foreign technical aid organizations, not individually negotiated terms, conflict of laws rules of the countries of the region applicable to the international sales contracts, transport contracts and contracts on sales of hydrocarbons, which are very important for the countries of the region.

Details, registration and program here http://www.uni-kiel.de/keel/index.php/konferenz-in-almaty-info/

ARTICLE: Paul Miller's The Fiduciary Relationship

New article from Canada on SSRN might be of interest: Paul B. Miller ‘The Fiduciary Relationship'.

The abstract for Muller’ paper reads:

Fiduciary law is rife with references to fiduciary relationships. Most notably, the attribution of fiduciary duties turns on the existence of a "fiduciary relationship." But does private law admit of such a construct, and if it does, is the fiduciary relationship distinctive relative to other kinds of private law relationship? Many fiduciary law scholars are skeptical on both counts. Leading scholars have claimed that the fiduciary relationship is indefinable. Others say that, when properly defined, the fiduciary relationship is seen to be non-distinctive. In this chapter I argue that the fiduciary relationship is both definable and distinctive. I advance a theory of the fiduciary relationship – the fiduciary powers theory – which suggests that fiduciary relationships are typified by the fiduciary’s exercise of powers derived from the legal personality of persons (normally, the person of the beneficiary or her benefactor). I argue for the viability and utility of the fiduciary powers theory by demonstrating that it can account for the fiduciary nature of relationships of recognized fiduciary status and by showing how it can help resolve disputes over the characterization of other relationships.

BOOK: Comparative Law in Eastern and Central Europe

 Cambridge Scholar Publishing has issued a book 'Comparative Law in Eastern and Central Europe'.

This book is a result of the attempted introduction of comparative law into the region of Eastern and Central Europe. The subject has induced interest beyond expectations. This volume opens with a chapter on the unification of law, both from the perspective of institutional unification by such supra-state organizations, spontaneous and institutionalized unifications between two or more legal systems, and the methods of choosing the right rules in the unification process. Chapters two and three follow the classical division of private and public law, as proposed by the brilliant Roman lawyer Ulpian. Overall, the chapters in this book offer an interesting and engaging commentary on the current topics discussed by academics in Eastern and Central Europe.

Editors: Bronisław Sitek, Jakub J. Szczerbowski and Aleksander W. Bauknecht

Aditional information and content are available here.

CALL FOR PAPERS: Saint-Petersburg Uni Press

Saint-Petersburg University Press has issued a call for papers.

We are looking for artcles on comparative private law and comparative legislation. Succesful article:

- no more then 25 pages,

- has sent before 1st December 2013;

- may be published before, but not in Russia;

- written in English, Dutch or Russian;

- having interesting abstract in English (200 words);

- with short author's CV.

 

Preferred topics are:

• Civil law v. Common law;
• Modern Civil Legislation;
• Legal Research and Legislation;
• History of Civil Law;
• Civil Law in Common Law Countries;
• Civil Law Systems.

Succesul articles will be translated into Russian and published in Saint-Petersburg by leading Russian journal 'Jurisprudence' ('Pravovedenie').
Contact details: moutaye@gmail.com, Irina Moutaye, editor of SPbUP.