ANNUAL CONFERENCE LIMERICK 2015: ALBUM 2

Credit photos: Prof. Olivier Moréteau

ANNUAL CONFERENCE LIMERICK 2015: ALBUM 1

Credit photos: Prof. Elina Moustaira

Il Codice Civile, The First Translation of Napoleon's Code Civil

Sara V. Pic, Reference Librarian at the Law Library of Louisiana (400 Royal Street, New Orleans), assembled a unique exhibition on the Italian translation of the Napoleonic Code. TheIl Codice Civile exhibition can also be visited online.

CALL FOR PAPERS/CONFERENCE NOTICE: Small States in a Legal World

Small States in a Legal World

The inaugural conference of the Centre for Small States

Queen Mary University of London

The aim of the conference is to launch the Centre for Small States as the home for research and learning into the legal issues facing small states (defined as those states with a population of 1.5m or less).  The Centre for Small States also includes within its remit some territories that are not classified as states as a matter of international law, yet are sufficiently geographically and culturally distinct entities to be worthy of study in their own right such as the British Crown Dependencies and British Overseas Territories).

For further information on the Centre for Small States, see http://www.law.qmul.ac.uk/research/centres/small-states/index.html 

Date: 7 September 2015

Venue: Lincoln’s Inn Fields, Queen Mary University of London, WC2A 3JB

Registration fee: £50(reduced rate for students and half-day registrations)

Keynote Panel

Professor Lino Briguglio, Islands and Small States Institute, University of Malta

Professor Baldur Thorhallsson, Centre for Small State Studies, University of Iceland

Her Honour Justice Mathilda Twomey, Court of Appeal, Seychelles

Confirmed Speakers

Professor Susy Frankel, Victoria University of Wellington

Dr Ann Mumford, King’s College London

Professor Catherine Rogers, Penn State University

Topics for discussion include ethics in small jurisdictions, the challenges of mixed legal systems in small states, small states as tax havens, and intellectual property issues.

We have a small number of spaces for additional speakers.  We welcome contributions on any aspect of the legal situation of small states, be it public or private law.  Please send your abstract of 300-400 words to Dr Caroline Morris (c.morris@qmul.ac.uk) and Dr Petra Butler (petra.butler@qmul.ac.uk) by 15 June 2015.  Decisions regarding inclusion in the conference programme will be sent by 30 June 2015.

WORKSHOP: Researching Chinese Legal History in Europe

Researching Chinese Legal History in Europe: The State of the Field

SOAS, University of London

Various Speakers

Date: 4 June 2015Time: 10:00 AM

Finishes: 5 June 2015Time: 1:00 PM

Venue: Russell Square: College BuildingsRoom: G3

Type of Event: Workshop

Series: Law and Justice in China Workshop Series

• Programme
• Registration

For centuries, scholars based in Europe have examined China’s past in an attempt to understand the various processes influencing the development and evolution of Chinese legal tradition(s). This line of research continues in Europe today, yet given the diversity of institutions and disciplines in which researchers work, as well as the field-specific publications in which they publish, the current state of the field of Chinese legal studies in Europe remains under specified.  What questions are scholars seeking to answer?  Which methods and theories are being employed to examine historical phenomena in China’s legal past?  What source material is available for scholars and students, and at which institutions?  What is the future of Chinese legal history in Europe?  This workshop seeks to answer some of these questions by bringing together several scholars from various European institutions, who are actively engaged in the study of China’s legal past.  Through presentations of current work and roundtable discussions, we hope to establish a community of scholars actively engaging China’s legal past, and also to map out future avenues of research and multi-institutional collaboration.

CALL FOR PAPERS: Tel Aviv University - Faculty of Law: 3rd Annual TAU Workshop for Junior Scholars in Law: "Theory coming to life"

The Tel Aviv University Buchmann Faculty of Law is pleased to invite submissions to its third annual workshop for junior scholars in law. The workshop provides junior scholars with the opportunity to present and discuss their work and receive meaningful feedback from faculty members and peers, and aims to invigorate the scholars’ active participation in the community of international junior scholars in law.
Through law, theory comes into our daily lives in many ways. The workshop will explore the connection between theory and life:
different fields of law, such as criminal law, public law, corporate law, civil law, international law, cyber law, environmental law and others? What is the connection between human rights theories and their acceptance or rejection by different actors? How does legal theory deal with rapid changes in science and technology? What are the potential theoretical justifications to recognize obligations of states towards foreign individuals or communities? How can different actors, such as governments, philanthropists, public litigators and human rights organizations use theory to further their cause? How do lessons learned from historical events affect the formation of theory and practice?
We welcome junior scholars (doctoral candidates, VAPs, writing fellows and recent graduates of doctoral programs) from universities and research institutions throughout the world to submit abstracts engaging with the leading theme of the workshop.
Limited travel grants and accommodation will be available for participants with no institutional funding.
Submissions: Abstracts of up to 500 words of the proposed presentation (with a short bio and your current institutional affiliation(s)) should be submitted by email to TAU.junior.scholars@gmail.com by June 15, 2015. 
Applicants requesting travel grants and/or accommodation should indicate so in their submission, along with the city they expect to depart from and an estimate of the funds requested.
Applicants will be informed of acceptance or rejection by July 15, 2015. Selected presenters must submit their papers up to 10,000 words in length by September 30, 2015.
For further inquiries contact us at TAU.junior.scholars@gmail.com. 

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

The 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 4NSBOOK NOW

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).

JURIS DIVERSITAS: Annual Conference 2015 Programme

JURIS DIVERSITAS

ANNUAL CONFERENCE 

2 June (afternoon) to 4 June 2015

School of Law, University of Limerick, Ireland

THE STATE OF/AND COMPARATIVE LAW

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         Plenary – Keynote

·         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

NEW JOURNAL: Calumet - Intercultural LAw and Humanities Review

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

Articles

• 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

Reviews

• 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