BOOK: Duve (ed) on Entanglements in Legal History: Conceptual Approaches

I'm delighted to announce the publication of Thomas Duve (ed), Entanglements in Legal History: Conceptual Approaches. 

The book is the first on a new series--Global Perspectives on Legal History 1--from the Max Planck Institute for European Legal History. It's free online here and available in Print on Demand. 

And for those interested, it includes my 'Entangled up in Red, White, and Blue: Spanish West Florida and the American Territory of Orleans, 1803–1810':

Legal History presents a broad panorama of historical processes that trigger theoretical reflections on legal transfers and legal transplants and on the problem of the reception and assimilation laws and other modes of normativity. In this volume, legal historians across the globe reflect on their analytical traditions and present case studies in order to discuss how entangled histories of law can be understood, analyzed and written.

In the first section of this volume, ‘Traditions of Transnational Legal History’, the authors revisit specific achievements and shortcomings of legal historical research against the backdrop of postcolonial and global studies. Reflections on our own disciplinary traditions that reveal the path-dependencies include critical accounts on the tradition of ‘European Legal History’,‘Codification history’, the emergence of ‘Hindu Law’, and the methodological aspects of Comparative Law.

The four articles in the second section, ‘Empires and Law’, showcase entangled legal histories forged in imperial spaces, for instance, through treaties concluded in the spheres of influence of ancient Roman Empire, which in this instance is analyzed as a process of ‘narrative transculturation’. Analogously, transnational institutions adjudicating merchant-disputes in the Early Modern Spanish Empire and normative frameworks constructed in a multilingual space shortly after its decline are analyzed as ‘diffusion and hybridization’. And finally, the spotlight is cast on the so-called ‘craftsmen of transfer’ and the bureaucrats that took practical comparative law as the basis to design the German colonial law.

In the third section, ‘Analyzing transnational law and legal scholarship in 19th and early 20th century’, seven case studies offer theoretical reflections about entangled legal histories. The discussions range from civil law codifications in Latin America as ‘reception’ or ‘normative transfers’, entangled histories of constitutionalism as ‘translations’ and ‘legal transfer’, formation of transnational legal orders in 19th century International Law and the International Law on state bankruptcies to the impact of transnational legal scholarship on criminology. All articles engage in methodological reflections and discussions about their concrete application in legal historical research.

JURIS DIVERSITAS BOOK SERIES UPDATE: Farran, Gallen, Hendry, and Rautenbach (eds), The Diffusion of Law is added to 2015 Titles

Juris Diversitas is proud to have a book series with Ashgate Publishing (we're also a Publishing Partner): 

Rooted in comparative law, the Juris Diversitas Series focuses on the interdisciplinary study of legal and normative mixtures and movements. Our interest is in comparison broadly conceived, extending beyond law narrowly understood to related fields. Titles might be geographical or temporal comparisons. They could focus on theory and methodology, substantive law, or legal cultures. They could investigate official or unofficial ‘legalities’, past and present and around the world. And, to effectively cross spatial, temporal, and normative boundaries, inter- and multi-disciplinary research is particularly welcome. 

The series currently includes:

• Seán Patrick Donlan and Lukas Heckerdon-Ursheler (eds), Concepts of Law: Comparative, Jurisprudential, and Social Science Perspectives 

• Sue Farran, Esin Örücü, and Seán Patrick Donlan (eds), A Study of Mixed Legal Systems: Endangered, Entrenched, or Blend

Launches of these titles will be announced soon.

Among other titles, the following are due in 2015:

• Vernon Palmer, Mohamed Y Mattar, and Anna Koppel (eds), Mixed Legal Systems, East and West
• Shauna van Praagh and Helge Deldek (eds), Stateless Law: Evolving Boundaries of a Discipline
• Daniela Berti, Anthony Good, and Gilles Tarabout (eds), Of Doubt and Proof: Ritual and Legal Practices of Judgment
• Sue Farran, James Gallen, Jennifer Hendry, and Christa Rautenbach (eds), The Diffusion of Law: The Movement of Laws and Norms around the World

While we anticipate publishing future collections (original, conference-based, Festschriften, etc), we're also very interested in publishing monographs and student texts. 

Note that selected volumes are also provided free with membership.

ARTICLE: Methodological pluralism and legal comparison

A new interesting article From social and political philosophy eJournal.

Methodological Pluralism and Legal Comparison

Roberto Scarciglia 

University of Trieste
May 1, 2014

in R. Scarciglia and W. Menski (eds.)m Islamic Symbols in European Courts, Cedam-Kluwer, 2014, pp.21-34. 
Abstract:      

The aim of this paper is to show how the methodological tools used in much more comparative analyses are not suitable to study complex phenomena as the diversity and legal implications of religious factors on the decision of the courts.

Click here for more details.

WANTED: Youngish Society would like to meet Complementary Societies and Individuals.

WANTED

Youngish society would like to meet complementary societies and individuals. Both trysts and marriage(s) considered. Long distance relationships acceptable, but willing to relocate. Fun and travel anticipated. 

Must accept bald men. Size irrelevant.

Juris Diversitas

PS Sense of humour essential.

BOOK: Rohe on Islamic Law in Past and Present

Mathias Rohe, Islamic Law in Past and Present, tr. Gwendolin Goldbloom:

Islamic Law in Past and Present, written by the lawyer and Islamicist Mathias Rohe, is the first comprehensive study for decades on Islamic law, legal theory, reform mechanisms and the application of Islamic law in Islamic countries and the Muslim diaspora. It provides information based on an abundance of Oriental and Western sources regarding family and inheritance law, contract and economic law, penal law, constitutional, administrative and international law. The present situation and ‘law in action’ are highlighted particularly. This includes examples collected during field studies on the application of Islamic law in India, Canada and Germany.

BOOK: Foblets et al on Belief, Law and Politics: What Future for a Secular Europe

Marie-Claire Foblets, Katayoun Alidadi, Jørgen S Nielsen, and Zeynep Yanasmayan (eds), Belief, Law and Politics: What Future for a Secular Europe?

This edited collection gathers together the principal findings of the three-year RELIGARE project, which dealt with the question of religious and philosophical diversity in European law. Specifically, it covers four spheres of public policy and legislation where the pressure to accommodate religious diversity has been most strongly felt in Europe: employment, family life, use of public space and state support mechanisms. Embracing a forward-looking approach, the final RELIGARE report provides recommendations to governance units at the local, national and European levels regarding issues of religious pluralism and secularism. This volume adds context and critique to those recommendations and more generally opens an intellectual discussion on the topic of religion in the European Union. The book consists of two main parts: the first includes the principal findings of the RELIGARE research project, while the second is a compilation of 28 short contributions from influential scholars, legal practitioners, policy makers and activists who respond to the report and offer their views on the sensitive issue of religious diversity and the law in Europe.

JOURNAL: Caron on Teaching law and Transnationalism

David Caron (Dean, Dickson Poon School of Law, King’s College London) has published 'Teaching of law must reflect realities of a transnational world':

We live in a period of economic globalisation in which we are witnessing the convergence of humanity around fundamental rights and values and the demands of shared challenges such as climate change.

Once you accept that law is a reflection of – and is fundamentally shaped by – underlying political, social and economic structures, then it becomes clear that a transnational emphasis is essential....

The full article is here.

SSRN ARTICLE ANNOUNCEMENT: Law and Society in Brazil at the Crossroads: A Review

We suggest some interesting articles from SOCIAL & POLITICAL PHILOSOPHY eJOURNAL, Vol. 7, No. 155: Nov 19, 2014. Please click here to view the full full abstracts for this issue.

"Law and Courts in Authoritarian Regimes"  Annual Review of Law and Social Science, Vol. 10, pp. 281-299, 2014

TAMIR MOUSTAFA, Simon Fraser University (SFU)
Email: tmoustafa@sfu.ca

Once regarded as mere pawns of their regimes, courts in authoritarian states are now the subject of considerable attention within the field of comparative judicial politics. New research examines the ways in which law and courts are deployed as instruments of governance, how they structure state-society contention, and the circumstances in which courts are transformed into sites of active resistance. This new body of research constitutes an emergent field of inquiry, while simultaneously contributing to a number of related research agendas, including authoritarian durability and regime transition, human rights, transitional justice, law and development, and rule-of-law promotion. Moreover, this research offers important insights into the erosion of rights and liberties in “consolidated democracies.”

Law and Society in Brazil at the Crossroads: A Review

Annual Review of Law and Social Science, Vol. 10, pp. 91-103, 2014

JOSÉ REINALDO LOPES, University of Sao Paulo - Faculdade de Direito
Email: jrllopes@terra.com.br
ROBERTO FREITAS FILHO, Uniceub
Email: robertofreitas_filho@yahoo.com.br

This article presents a general overview of Brazilian sociolegal studies. After presenting a short historical narrative of the field in Brazil, we argue that the early years of intense teaching of legal sociology had a politically committed approach, which gave rise to growing criticism of Brazilian legal scholarship that in turn affected the self-image of law professors. Different theoretical strands appeared in the years that followed, and some specific fields of research gained importance, particularly those concerning a sociology of the legal profession, the administration of courts, and law schools. However, we contend that as time went by, many sociolegal scholars began to neglect the critical approach to law, and today most of them fail to confront critical aspects of the gap between law on the books and law in action, especially when that gap affects lower classes or stigmatized populations.

"Critical Race Theory Meets Social Science"  Annual Review of Law and Social Science, Vol. 10, pp. 149-167, 2014

DEVON W. CARBADO, University of California, Los Angeles (UCLA) - School of Law
Email: carbado@law.ucla.edu
DARIA ROITHMAYR, USC Gould School of Law
Email: droithmayr@law.usc.edu

Social science research offers critical race theory (CRT) scholars a useful methodology to advance core CRT claims. Among other things, social science can provide CRT with data and theoretical frameworks to support key empirical claims. Social psychology and sociology in particular can help to explain how race constructs key aspects of social experience - for example, the role of race in suspicion of African Americans as potentially criminal and the use of excessive force by law enforcement. At the same time, a collaboration between CRT and social science risks undermining CRT critiques of objectivity and neutrality and potentially limits the theory's ability to combat structural forms of racial inequality. CRT scholars can mitigate these risks by choosing social science methods carefully and by recognizing that social science is only one among several modes of knowledge production.

JOURNAL ANNOUNCEMENT: Theory and Practice of Legislation new issue

Hart Publishing has just published a new issue, volume 2, no. 2, of The Theory and Practice of Legislation.
Click here to visit the Journal's homepage.

The Theory and Practice of Legislation aims to offer an international and interdisciplinary forum for the examination of legislation. The focus of the journal, which succeeds the former title Legisprudence, remains with legislation in its broadest sense. Legislation is seen as both process and product, reflection of theoretical assumptions and a skill. The journal addresses formal legislation, and its alternatives (such as covenants, regulation by non-state actors etc.). The editors welcome articles on systematic (as opposed to historical) issues, including drafting techniques, the introduction of open standards, evidence-based drafting, pre- and post-legislative scrutiny for effectiveness and efficiency, the utility and necessity of codification, IT in legislation, the legitimacy of legislation in view of fundamental principles and rights, law and language, and the link between legislator and judge. Comparative and interdisciplinary approaches are encouraged. But dogmatic descriptions of positive law are outside the scope of the journal. The journal offers a combination of themed issues and general issues. All articles are submitted to double blind review.

BOOK ANNOUNCEMENT: Legal Innovations in Asia

Judicial Lawmaking and the Influence of Comparative Law

Edited by John O. Haley, Affiliate Professor of Law, University of Washington, Professor of Law, Vanderbilt University and William R. Orthwein Distinguished Professor of Law Emeritus, Washington University in St. Louis., US and Toshiko Takenaka, Washington Research Foundation/W. Hunter Simpson Professor of Technology Law, University of Washington School of Law, US

'Armed mainly with tremendous scholarly energy, the University of Washington has developed into the premier center of Asian legal studies in North America. This volume is a tribute to the breadth and depth of activity at the Asian Law Center over its first five decades, and a treasure trove of substantive insights into comparative law in Asia. As Asian law continues to attract more attention around the world, we must all be grateful for the contributions of the innovators who built the field.'
– Tom Ginsburg, University of Chicago Law School, US

‘Professors Haley and Takenaka have put together a wonderfully eclectic collection of essays to commemorate the founding of the Asian Law Center at the University of Washington School of Law in 1964. Written by leaders in their respective fields, the essays, which explore legal developments, innovations and transplants in Japan and its neighbours, will appeal to scholars and students of Japanese law, as well as comparative lawyers with an interest in Asian law.’
– Jean Ho, National University of Singapore

‘For fifty years now, the University of Washington's Asian Law Center has stood at the center of American scholarship on Japanese law. Its scholars have consistently produced the very best work in the field, and men and women associated with it have increasingly turned their attention to other legal systems in Asia as well. In this broad-ranging volume, the contributors explore the intriguing connections among the many legal systems at stake. They have produced a tantalizing blend of analytical depth and geographical breadth.’
– J. Mark Ramseyer, Harvard Law School, US

Legal Innovations in Asia explores how law in Asia has developed over time as a result of judicial interpretation and innovations drawn from the legal systems of foreign countries.

Expert scholars from around the world offer a history of law in the region while also providing a wider context for present-day Asian law. The contributors share insightful perspectives on comparative law, the role of courts, legal transplants, intellectual property, Islamic law and other issues as they relate to the practice and study of law in Japan, China, Taiwan, Korea and Southeast Asia.

Students and scholars of Asian law will find this a timely and fascinating read, as will legal practitioners and colleagues of the Asian Law Center.

2014 392 pp Hardback 978 1 78347 278 9 Regular Price £95.00  Web Price £85.50 ebook 978 1 78347 279 6

Studies in Comparative Law and Legal Culture series

Ebooks from £13.00 for monographs and £36.90 for handbooks are available on Google and Ebooks.com. Prices vary due to retailer discount and local tax.