30 January 2019


Call for Panel Proposals and Papers
ASLC annual meeting



The American Society of Comparative Law (ASCL) has just issued a call for proposals for (1) concurrent panels and (2) a works in progress conference to be held in association with the ASCL 2019 Annual Meeting, which will be held at the University of Missouri School of Law between Thursday, October 17, and Saturday, October 19, 2019.  

The event is open to ASCL and non-ASCL members.


The theme of the Annual Meeting is “Comparative Law and International Dispute Resolution Processes” and will feature presentations on how comparative law affects various types of cross-border conflict, including litigation, arbitration and mediation.  

Concurrent panels and works in progress papers need not fall within this general theme, although of course they may.  

Multilingual panel proposals will be considered as part of ASCL's mission to foster plurilingualism.


Information on the event, including the call for panel proposals and works in progress submissions, is available at: 
  


Proposals will be accepted until May 20, 2019.

15 January 2019

Comparative Legal History

BOOK: Olivier MORÉTEAU, Aniceto MASFERRER, and Kjell A. MODÉER, eds., Comparative Legal History [Research Handbooks in Comparative Law series] (London: Edward Elgar Publishing, 2019). ISBN 9781781955215, £175.50




Edward Elgar is publishing a research handbook on comparative legal history.

ABOUT THE BOOK

Is comparative legal history an emerging discipline or a much-needed dialogue between two academic subjects? This research handbook presents the field in a uniquely holistic way, and illustrates how comparative law and legal history are inextricably related.

Cementing a solid theoretical grounding for the discipline, legal historians and comparatists place this subject at the forefront of legal science. Comprehensive in coverage, this handbook collates theory and method for comparative legal history, as well as discussing international legal sources and judicial and civil institutions. Particular attention is paid to custom and codification, contracts, civil procedure and ownership. By assessing the evolution of law across European, Asian, African and American environments from the pre-modern era to the nineteenth century, the chapters provide stimulating and enlightening cases of legal history through a comparative lens.

A centrepiece for this field of scholarship, this research handbook will be an essential resource for scholars interested in comparative law, legal theory and legal history, from both legal and social science backgrounds.

ABOUT THE EDITORS

Edited by Olivier Moréteau, Louisiana State University, US, Aniceto Masferrer, University of Valencia, Spain and Kjell A. Modéer, University of Lund, Sweden

TABLE OF CONTENTS

Contents:
List of contributors
Acknowledgments
Aniceto Masferrer, Kjell Å Modéer & Olivier Moréteau
The emergence of comparative legal history
PART I Theory and Methods
1. What is comparative legal history? Legal historiography and the revolt against formalism, 1930-60
Adolfo Giuliani
2. Comparative? Legal? History? Crossing Boundaries
Sean Donlan
3. Methodological perspectives in comparative legal history: an analytical approach
Dag Michalsen
4. Comparative legal history: methodology for morphology
Matthew Dyson
PART II LEGAL SOURCES
5. Here, there, everywhere or... nowhere? Some comparative and historical afterthoughts about custom as a source of law
Jacques Vanderlinden
6. Convergence and the colonization of custom in pre-modern Europe
Emily Kadens
7. Custom as a source of law in European and East Asian legal history
Marie Seong-Hak Kim
8. The ius commune as the ‘ratio scripta’ in the civil law tradition: a comparative approach to the Spanish case
Aniceto Masferrer and Juan A. Obarrio
9. Legal education in England and continental Europe between the middle ages and the early-modern period: a comparison
Dolores Freda
PART III LEGAL INSTITUTIONS
10. The triumph of judicial review: the evolution of post-revolutionary legal thought
Jean-Louis Halperin
11. Killing the vampire of human culture: Slavery as a problem in international law
Paul Finkelman and Seymour Drescher
12. Continental European superior courts and procedure in civil actions (11th-19th centuries)
CH (Remco) van Rhee
13. The genesis of concepts of possession and ownership in the civilian tradition and at common law: how did the common law manage without a concept of ownership? Why the Roman law did not?
Anna Taitslin
14. The common law and the Code civil: the curious case of the law of contract
Warren Swain
15. When the wind turned from South to West: the transition of Scandinavian legal cultures 1945–2000, a comparative sketch
Kjell Å Modéer
PART IV CODIFICATION
16. Unification and codification in today’s European private law and nineteenth-century Germany: the challenges and opportunities of comparing historical and ongoing events
Dirk Heirbaut
17. Owning the conceptualization of ownership in American civil law jurisdictions and the origins of nineteenth-century code provisions
Agustín Parise
18. Why was private law not codified in Sweden and Finland?
Heikki Pihlajamäki
Index

More information here

29 December 2018

The 20th International Roundtable for the Semiotics of Law (IRSL 2019)



The 20th International Roundtable 

for the Semiotics of Law (IRSL 2019)



 


The Limits of Law


                                    
 Hosted by Instituto Jurídico da Faculdade de Direito da Universidade de Coimbra (UCILeR - University of Coimbra Institute for Legal Research) / Portugal



Theme: The Limits of Law







CALL FOR PAPERS


In a time of plurality and difference which is also, significantly, a time of aproblematic (if not naif) panjuridism, the discussion of the limits of law is not a frequent or obvious explicit topos. On the one hand, the diagnosis of plurality and difference favours  the conclusion-claim that  «the sense of the expression the “law” is constructed internally, and separately, within the system of semantic values of each [semiotic] group» (B.F. Jackson) – which means arguing that only «the signifier» is common, not the «signified», as well as admitting an implacable diversity of interpretative communities (involving incommensurable cultural-civilizational, political, ethical and professional codes or canons). On the other hand, the celebration of panjuridism, successfully corroborated by the relentless emergence of ultraspecialized dogmatic fields (from health law to biolaw, from robotics law to geo-law), justifies a passive assimilation of hetero-referentially constructed interpretations of social need, reducing law to a mere conventional order (with contingently settled frontiers) or even to an ensemble of institutionally effective coactive  resources — which in any case means depriving juridicity or juridicalness of any practical-cultural specific or intrinsic (non-contingent) sense claim. However, do our present circumstances condemn us to this complacent nominalism, preventing us from attributing any effective relevance to the problem of the limits of law? Even without departing from the “semio-narrative” ground (and its external point of view), it may be said that plurality and difference do not exclude a productive exploration of intersemiotic aspirations (if not inter-semiocity) — relating differently contextualized claims of juridicity and paving the way for the reconstruction of plausible arguments of continuity. These arguments may, in turn, justify a return to the well-known questions on the concept and/or the nature of law (in the sense in which, in an all or nothing approach,  Hart and Raz have taught us to understand this), and may also, conversely, lead to the reinvention of an archetypal or aspirational perspective (Fuller, Simmonds), in relation to which the reconstituted features of the autonomy and the limits of law do not represent characteristics but rather guiding intentions or constitutive aspirations or promises (if not desiderata), with reference to which past or present expressions and their institutional instances should permanently be judged. Following this path in fact means acknowledging how the problem of limits becomes an indispensable thematic core whenever the reflexive agenda involves rethinking law’s autonomy (or rethinking this autonomy beyond the possibilities of legal formalism), as an autonomy or claim to autonomy which should be seriously considered in terms of its cultural-civilizational specific (non-universal) base, as a decisive manifestation of European identity and European heritage (Castanheira Neves). It is precisely this critical-reflexive connection between issues of sense and limits (aspirations and borders) which, in terms of law, as well as considering the challenges of a société post-juridique (F. Ost), our roundtable aims to explore. This means discussing the growing weight of heteroreferential elements (invoking  philosophy and economics, literary criticism and sociology, epistemology and ethics, politics, political morality and social engineering as plausible key arenas), which not only interfere (as contextual conditions) with juridical discursive practices but also wound these practices (and their autonomous intelligibility) by functionalizing them  (diluting their specificity in a new practical holism), or at least condemning them to permanent «boundary disputes» (David Howarth). However, this discussion also leads directly to the consideration of specific (real, hypothetical and even fictionalized) case-exempla, including the so-called «tragic cases» (Atienza), which enable us to experience the limits of law’s responsivity or even the impossibility of obtaining plausible correct legal answers. The roundtable will, as usual, favour a practical-cultural context open to multiple perspectives and involving the productive intertwining of juridical and non-juridical approaches.



Confirmed plenary speakers: François Ost (Université Saint-Louis - Bruxelles), Manuel Atienza (Universidad de Alicante), Pierre Moor (Université de Lausanne), Fernando José Bronze (Universidade de Coimbra) and J. M. Aroso Linhares (Universidade de Coimbra)



Abstracts of 300 words (max.) should be submitted by January 15th, 2019 to José Manuel Aroso Linhares (Organizer) (jmarolinh@gmail.com)  and Anne Wagner (valwagnerfr@yahoo.com) with participation decisions made by January 30th, 2019.  Selected papers will be invited for publication in a special issue of the International Journal for the Semiotics of Law (Springer: http://www.springer.com/lawjournal11196) and/or for inclusion in an edited volume.



Respecting the tradition, the roundtable languages will be English and French.



Organizational Committee: J M Aroso Linhares, M.A. Reis Marques, Ana M. Gaudêncio, Inês F. Godinho 



Registration period: from 4th February to 15th April 2019*  

- General (professionals):

1 – Registration**   + Excursion (Guided tour) *** + Dinner**** - 200 €

2 - Registration**   + Excursion (Guided tour) *** - 165 €

3 - Registration**   + Dinner**** - 185 €

4 - Registration** - 150 € 



- Students (including PhD candidates):   

1 - Registration**   + Excursion (Guided tour) + Dinner - 160 €

2 - Registration**   + Excursion (Guided tour) *** - 125 €

3 - Registration**   + Dinner**** - 145 €

4 - Registration** - 110 €                       



* The information concerning payment possibilities will be available the 28th January, a week before the beginning of the registration period. 

 ** Registration fees include the roundtable materials, 4 coffee breaks and 3 lunches (from the 23rd to the 25th May).

***The excursion (Guided tour) [15€ ] will take place on the 24th  May (afternoon)

****The dinner [35 €] will take place on the 24th May. 


24 December 2018

Law and Evil The Evolutionary Perspective


Law and Evil

The Evolutionary Perspective


Wojciech Załuski

Law and Evil presents an alternative evolutionary picture of man, focusing on the origins and nature of human evil, and demonstrating its useful application in legal-philosophical analyses. Using this representation of human nature, Wojciech Załuski analyses the development of law, which he interprets as moving from evolutionary ethics to genuine ethics, as well as arguing in favour of metaethical realism and ius naturale.


(Subjects: philosophy of law, evolution, natural law, evil)

The Turning Point in Private Law Ecology, Technology and the Commons


The Turning Point in Private Law

Ecology, Technology and the Commons


Ugo Mattei, Alessandra Quarta

Can private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? The Turning Point in Private Law explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort. The authors pose a suggested list of basic principles for a new, ecological legal system in which private law represents a valid ally for defending our future.

(Subjects: private law, contracts, property, torts, personality, ecology, environmental law)

Petroleum Resource Management How Governments Manage Their Offshore Petroleum Resources


Petroleum Resource Management

How Governments Manage Their Offshore Petroleum Resources


John A.P. Chandler

This thought-provoking book examines how countries manage their offshore petroleum resources by comparing the different approaches to licensing and regulation taken by Australia, Norway and the UK. It is based on extensive research into their policies and management practices, including interviews with government regulators and companies. These countries all face similar challenges as their offshore petroleum basins mature which means smaller discoveries, marginal production and ageing infrastructure. John Chandler analyses how their petroleum policy, systems of regulation, and regulators developed up to the present, and how they are responding to these challenges, as well as how they deal with exploration, development, infrastructure sharing and production.

(Subjects: offshore petroleum resources, policies, exploration, development, infrastructure sharing, production management practices, regulations) 

International Agricultural Law and Policy A Rights-Based Approach to Food Security


International Agricultural Law and Policy

A Rights-Based Approach to Food Security


Hope Johnson

Globalised agriculture and food systems are at the crux of significant issues facing humanity from the rise in diet-related diseases to water pollution and biodiversity loss. Yet, legal scholarship on the regulation of agriculture and food is only now emerging. This timely book provides the first systematic analysis of the public international rules influencing agriculture. Each chapter considers the regulatory instruments that intersect with different components of agricultural systems from land tenure and soils through to agricultural in-puts and trade.

(Subjects: agriculture, food systems, public international law, regulatory law, property law)

Comparative Labour Law


Comparative Labour Law


Edited by Anne Trebilcock


This comprehensive collection offers an array of distinguished papers from within the sphere of comparative labour law, covering the subject's most compelling and thought-provoking questions. Topics include the uses and limits of comparative labour law, the enforcement of labour rights and the methods of comparative labour law. Prefaced with an original introduction by the editor, this collection promises to be a useful research tool for scholars and practitioners, as well as a fascinating read for those interested in the field.

(Subjects: comparative labour law)

Comparative Contract Law


Comparative Contract Law


Edited by Pier Giuseppe Monateri



This comprehensive Handbook offers a thoughtful survey of contract theories, issues and cases in order to reassess the field's present vision of contract law. It engages a critical search for the fault lines which cross traditions of thought and globalized landscapes. Comparative Contract Law is built around four main groups of insights, including: the genealogies of contractual theoretical thinking; the contentious relationship between private governance and normative regulations; the competing styles used to stage contract law; and the concurring opinions expressed within the domain of other disciplines, such as literature and political theory. The chapters in the book tease out the tensions between a global context and local frameworks as well as the movable thresholds between canonical expressions and heterodox constructions.

(Subjects: comparative contract law) 

Rethinking the Jurisprudence of Cyberspace


Rethinking the Jurisprudence of Cyberspace


Chris Reed, Andrew Murray

Cyberspace is a difficult area for lawyers and lawmakers. With no physical constraining borders, the question of who is the legitimate lawmaker for cyberspace is complex. Rethinking the Jurisprudence of Cyberspace examines how laws can gain legitimacy in cyberspace and identifies the limits of the law's authority in this space.

(Subjects: computer law, cyberspace, comparative private law, competition law)