15 January 2019

JOB: Two PhD-positions on Governance of the Universal Church after the Council of Trent – Two PhD positions - Max Planck Research Group (Frankfurt: MPIeR, DEADLINE 31 JAN 2019)

(image source: MPG)

The Max Planck Research Group III investigates the emergence and development of the system of post-Tridentine global governance of the Catholic Church in depth from an interdisciplinary perspective over an extended period of time. It will do so by analysing the activity of the Congregations of the Council, the dicastery responsible for appropriately implementing the Council decisions in the entire Catholic world. We are now looking to recruit as soon as possible (but no later than 1 April 2019) two doctoral students who will develop a doctoral thesis preferably focused on the history of the Congregation of the Council in the early modern period (XVI-XVIII century).
 The Max Planck Institute for European Legal History in Frankfurt is a world leader in researching the history of law in Europe and beyond. Its two research departments with more than 60 scholars, the unrivalled collections of its specialised library and its numerous national and international partnerships make it the central research hub for a global scientific community investigating the past, present and future of legal regimes. The Institute belongs to the Max Planck Society, Germany’s most successful research organisation. Since its establishment in 1948, no fewer than 18 Nobel laureates have emerged from the ranks of its researchers, putting it on a par with the most prestigious research institutions worldwide. The mission of the Max Planck Society is to conduct fundamental (i.e., non-applied) research in the natural sciences, life sciences, social sciences and the humanities at the highest possible level. Its 84 Institutes and facilities are spread across Germany and beyond, and they focus on research fields that are particularly innovative and require unusually extensive resources. We are now looking to recruit as soon as possible (but no later than 1 April 2019) two Doctoral Students in the context of the Max Planck Research Group III “Governance of the Universal Church after the Council of Trent: Papal Administrative Concepts and Practices as exemplified by the Congregations of the Council between the Early Modern Period and the Present” under the direction of Dr Benedetta Albani
Research group:
 The Max Planck Research Group III, comprising the director, three PhD candidates and several associated scholars, investigates the emergence and development of the system of post-Tridentine global governance of the Catholic Church in depth from an interdisciplinary perspective over an extended period of time. It will do so by analysing the activity of the Congregations of the Council, the dicastery founded in 1564, which was responsible for appropriately implementing the Council decisions in the entire Catholic world and to which the papal authority of authentic interpretation of the disciplinary decrees was delegated. The research focuses on specific topics, including the role of the Congregation of the Council in the complex translation processes of the Tridentine normative order in the Catholic world; the internal decision processes and operational procedures of the Congregation and the authority and validity of its decisions in the local churches; the valence of the Roman Curia as the interpretative and judicial authority at the global level; the coexistence of post-Tridentine canon law with preceding and different normative orders in Europe and beyond; the development of the concept of interpretation authentica from the Council of Trent until today. Existing cooperation with the Vatican Secret Archives devoted to the reorganisation of the archive of the Council Congregation forms a solid foundation for the research activities to be performed by the research group and will permit the PhD students to work with valuable unpublished sources.
 You will develop, coordinate and conduct a doctoral project in the frame of the research group’s scientific interests. Your doctoral thesis will preferably focus on the history of the Congregation of the Council in the early modern period (XVI-XVIII century). You will publish your findings and actively participate in the research activities of the research group and of the Institute under the guidance of Dr Albani.
Candidate's profile:
 You hold a first-class or high-upper, second-class degree in History, Legal History, Canon Law, Economic History or History of Art. You work independently, are fully proficient in English and are willing to learn German. In selecting the candidates, language proficiency (Italian, Spanish, French as well as Latin) and both interest and competence in archival research will be regarded as especially important.
MPIeR's offer:
 We offer an attractive and international work environment with unparalleled research infrastructure and a good working atmosphere. The candidate will have the opportunity to take part in an interdisciplinary international research group, benefit from continuous scientific exchange, a comprehensive library and the possibility of research stays in Germany and abroad. Payment and social benefits are based on the German Civil Service Collective Agreement (TVöD, EG 13 level 1, 65%). The job is a full-time position (currently 39 hours per week). The position is a fixed-term appointment for three years, with the possibility of extension in exceptional circumstances. We are located on one of the most beautiful university campuses in Europe, right in the heart of the thriving and cosmopolitan city of Frankfurt. The Max Planck Society is committed to increasing the number disabled persons in its workforce and therefore encourages applications from such qualified individuals. Furthermore, the Max Planck Society seeks to increase the number of women in those areas where they are underrepresented and therefore explicitly encourages women to apply.
 Your application can be written in German, English, Italian, Spanish, Portuguese or French and should contain the following documents: 1. Personal Statement: Cover letter with reference to your research proposal and an explanation as to how your profile matches the selection criteria Names and addresses (postal and electronic) of two scholars who have agreed to provide a reference 2. CV: Detailed CV (Please provide your detailed CV in German or English.) 3.Other Documents: Research proposal (up to five pages) Transcripts A sample of writing about 20 pages in length (seminar paper, journal article, book chapter etc.) Please provide your referees with all your application documents and ask them to send their references direct to no later than 31 January 2019. References may only be submitted by email. They do not have to be signed as long as they are emailed from the official mail address of the referee.Strong candidates will be invited for an interview.
 Address informal enquiries as to the substance of the research group directly to Dr Benedetta Albani ( Questions as to the terms and conditions of employment may be directed to Ms Anna Heym ( Your application must be submitted online via the link on our homepage ( by the closing date of 31 January 2019.
(source: calenda)

CONFERENCE: Une histoire croisée de la fabrique du droit du travail. Journée d'étude en hommage à Sabine Rudischhauser (Paris: Hôtel de Lauzun, 17 JAN 2019)

(image: Hôtel de Lauzun; source: Wikimedia Commons)

Sabine Rudischhauser (1961-2017) a introduit un regard nouveau sur l’émergence de la négociation collective en intégrant, au-delà de la seule conflictualité sociale, les initiatives politiques, législatives, juridiques, mais aussi sociologiques qui contribuent à définir la catégorie même de convention collective en France et en Allemagne. Sur la séquence 1900-1920, elle met au jour une véritable dynamique institutionnelle, dans laquelle se justifie un rapprochement entre l’Allemagne et la France, en faisant apparaître non seulement un parallélisme, mais aussi des emprunts réciproques et une référence commune, l’Angleterre. Geregelte Verhältnisse, son dernier ouvrage, couronne ainsi une vie de recherche que sa disparition précoce a interrompue brutalement.
  • 9h30 – 10h00 Introduction Patrick Fridenson (CRH, EHESS)
  • Un témoignage Bénédicte Zimmermann (Centre Georg Simmel, EHESS et Wissenschaftskolleg Berlin)
10h00- 12h00 Négociations collectives et action publique
Présidence de séance : Pascale Laborier (Université Paris Nanterre)
  • Claude Didry (Centre Maurice Halbwachs, CNRS-EHESS) Droit du travail et conventions collectives en France et en Allemagne : une histoire croisée. A propos de Geregelte Verhältnisse
  • Claire Lemercier (CSO, CNRS-Sciences Po Paris) Les prud'hommes avant 1890. Quelle place dans une généalogie de la négociation collective ?
  • Laure Machu (Université Paris Nanterre, IDHES, UMR 85 33) Etat, dynamiques sociales et relations professionnelles
13h15- 14h40 Sciences sociales et régulations du travail
Présidence de séance : Jakob Vogel (Centre Marc Bloch, Berlin)
  • Michel Coutu (École de relations industrielles et CRIMT, Université de Montréal) La Constitution du travail, de Max Weber à Hugo Sinzheimer
  • Kenneth Bertrams (Université Libre de Bruxelles, Centre de recherche Mondes Modernes & Contemporains) La fabrique scientifique du social : dynamiques internationales de l'expertise dans Geregelte Verhältnisse
15h00- 17h00  Transformations contemporaines du travail : apports de l’approche socio-historique
Présidence de séance : Jean-Pierre le Crom (Laboratoire droit et changement social, Nantes)
  • Michèle Dupré (Centre Max Weber, UMR 5283, Lyon) Transformations de la relation salariale en France et en Allemagne dans les années soixante et soixante-dix : Histoires croisées des relations Etat-acteurs sociaux
  • Olivier Giraud (LISE, CNAM-CNRS) La catégorisation du travail des femmes dans l’entreprise familiale : normes morales, normes légales et mobilisations sociales
  • Robert Salais (IDHES, Ecole normale supérieure de Saclay) Travail et sociohistoire : comparer l’incomparable
Registration here.

(source: Calenda)

PODCAST: Marcel GAUCHET on Robespierre (France Culture, Signes des temps, 16 DEC 2018)

(image source: Getty/France Culture)

Est-ce que ce sont les hommes qui font l’Histoire, ou bien est-ce que c’est l’Histoire qui fait les hommes ? Pendant près de deux siècles, Robespierre est passé dans les livres d’Histoire pour le grand maître d’œuvre de la révolution française, monstre et tyran sanguinaire pour les uns, père du communisme et de la lutte des classes pour les autres. Cela fait quelques années maintenant que les travaux des historiens remettent en cause ces portraits trop tranchés et dans son nouveau livre Robespierre l’homme qui nous divise le plus, Marcel Gauchet reprend ces travaux récents pour poser un certain nombre de questions d’actualité fondamentale sur la France d'aujourd’hui.
A l’heure où resurgit dans le débat public ce mot de peuple qu’on n’avait plus l’habitude d’entendre, ce mot à la fois simple et très compliqué qu’est le mot de « peuple », "Signe des Temps" va se pencher avec Marcel Gauchet et avec l’historien Loris Chavanette sur le parcours de celui qui pendant la Révolution française s’est à ce point identifié au peuple, justement, qu’il y a sacrifié sa vie, et qu’il est resté dans la mémoire française comme l’incarnation de ce que la révolution avait de pire, mais aussi comme ce qu’elle avait de meilleur. Car comme l’écrit Marcel Gauchet dans son livre, en France, « ce qui fonde nos règles communes est en même temps ce qui fonde nos divisions les plus profondes. » Qu’est-ce qu’un peuple ? Qu’était Robespierre ? Et dans ce monde global et technologique qui est le nôtre, l’héritage de la Révolution française a-t-il encore quelque chose à nous dire ?
Enjoy the full podcast here.

BOOK: Kimberly LYNN, Between Court and Confessional. The Politics of Spanish Inquisitors (Cambridge: CUP, 2013), 410 p. ISBN 9781139381291, 20,95 GBP

(image source: CUP)

Book abstract:
Between Court and Confessional explores the lives of Spanish inquisitors, closely examining the careers and writings of five sixteenth- and seventeenth-century inquisitors. Kimberly Lynn considers what shaped particular inquisitors, what kinds of official experience each accumulated, and to what ends each directed his acquired knowledge and experience. The case studies examine the complex interplay of careerism and ideological commitments evident in inquisitorial activities. Whereas many studies of the Spanish Inquisition tend to depict inquisitors as faceless and interchangeable, Lynn probes the lives of individual inquisitors to show how inquisitors' operations in their social, political, religious and intellectual worlds set the Inquisition in motion. By focusing on specific individuals, this study explains how the theory and regulations of the Inquisition were rooted in local conditions, particular disputes and individual experiences.

Table of contents here.

More information on Cambridge Core.

14 January 2019

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.


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.


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


List of contributors
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
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
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
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

More information here

BOOK: Giorgio RIELLO and Ulinka RUBLACK, The Right to Dress : Sumptuary Laws in a Global Perspective, 1200-1800 (Cambridge: Cambridge University Press, 2019). ISBN 9781108475914, £95.00

(Source: CUP)

Cambridge University Press is publishing a new book on sumptuary laws.


This is the first global history of dress regulation and its place in broader debates around how human life and societies should be visualised and materialised. Sumptuary laws were a tool on the part of states to regulate not only manufacturing systems and moral economies via the medium of expenditure and consumption of clothing but also banquets, festivities and funerals. Leading scholars on Asian, Latin American, Ottoman and European history shed new light on how and why items of dress became key aspirational goods across society, how they were lobbied for and marketed, and whether or not sumptuary laws were implemented by cities, states and empires to restrict or channel trade and consumption. Their findings reveal the significance of sumptuary laws in medieval and early modern societies as a site of contestation between individuals and states and how dress as an expression of identity developed as a modern 'human right'.


Giorgio Riello, University of Warwick
Giorgio Riello is Professor of Global History and Culture at the University of Warwick and Chair of the Pasold Research Fund. He is the author of four books, including Cotton: The Fabric that Made the Modern World (Cambridge, 2013) which won the World History Association Book Prize 2014. In 2016 he received the Iris Foundation Award for his contribution to the Decorative Arts and Material Culture.

Ulinka Rublack, University of Cambridge
Ulinka Rublack, FBA is Professor of early modern European history at the University of Cambridge, and is a Fellow of St John's College. Her previous books include Dressing Up: Cultural Identity in Early Modern Europe (2011), which won the Bainton Prize. She is co-editor, with Maria Hayward, of The First Book of Fashion (2015).


List of illustrations
List of figures
List of maps
List of tables
List of contributors
The Right to Dress: The World of Sumptuary Laws, c.1200–1800 Ulinka Rublack and Giorgio Riello
Part I. Sumptuary Laws in Medieval and early modern Europe:
1. The right to dress: sartorial politics in Germany, c.1300–1750 Ulinka Rublack
2. Playing by the rules? Dressing without sumptuary laws in the low countries from the fourteenth to the eighteenth century Isis Sturtewagen and Bruno Blondé
3. 'Outlandish superfluities': luxury and clothing in Scottish and English sumptuary law, fourteenth to the seventeenth century Maria Hayward
4. Regulating sumptuousness: changing configurations of morals, politics, and economics in Swiss cities in the seventeenth and eighteenth centuries André Holenstein
5. Dangerous fashion in Swedish sumptuary law Eva I. Andersson
Part II. Enacting Sumptuary Laws in Italy:
6. Sumptuary laws in Italy financial resource and instrument of rule Maria Giuseppina Muzzarelli
7. Defending the right to dress: two sumptuary law protests in sixteenth-century Milan Catherine Kovesi
8. Against the sumptuary regime: sumptuary prosecutions in sixteenth- and seventeenth-century Padova Luca Molà and Giorgio Riello
Part III. The European Maritime Powers and their Empires:
9. Luxury, novelty, and nationality: sumptuary legislation in Late Medieval and Early Modern Spain Amanda Wunder
10. Sumptuary laws in Portugal and its empire from the fourteenth to the eighteenth century Francisco Bethencourt
11. 'Splendour and magnificence': diplomacy and sumptuary codes in Early Modern Batavia Adam Clulow
12. Race, clothing and identity: sumptuary laws in colonial Spanish America Rebecca Earle
13. Sartorial sorting in the colonial Caribbean and North America Robert DuPlessis
Part IV. Early Modern World Empires:
14. 'Grandeur and show': clothing, commerce, and the Capital in early modern Russia Matthew P. Romaniello
15. Women, minorities, and the changing politics of dress in the Ottoman Empire, 1650–1830 Madeline Zilfi
16. Wearing the hat of loyalty: imperial power and dress reform in Ming Dynasty China BuYun Chen
17. Regulating excess: the cultural politics of consumption in Tokugawa Japan Katsuya Hirano
18. Sumptuary laws in precolonial West Africa: the examples of Benin and Dahomey Toby Green
Select bibliography

More information here

OPEN ACCESS BOOK: Morten BERGSMO and Emiliano BUIS, eds., Philosophical Foundations of International Criminal Law: Correlating Thinkers (Torkel Opsahl Academic EPublisher, 2018).

We learned of the online publication of an open access book on philosophical foundations of international criminal law.


The 'Publication Series' is the oldest publication series of the Torkel Opsahl Academic EPublisher (TOAEP). Prior to volume No. 30, it was called 'FICHL Publication Series'. Several books in this series originate in academic seminars organised by CILRAP. Unsolicited texts are subjected to peer review. The printed versions of the books are distributed through the normal channels and the e-books are made freely available through this web page (with the indicated persistent URL which you can use in citations as it is permanent). Reviews of books in the Publication Series are available here

Philosophical Foundations of International Criminal Law:Correlating Thinkers
The book can be ordered in hardcover here

More information here

11 January 2019

JOURNAL: Giornale di Storia Costituzionale 36 (2018/II): Constitutional History and Historiography in Italy: key-elements and new trends. For the 70 years of the Italian Constitution

  • Introduction: The memory of the constitution and the value of constitutional history (Luigi Lacchè)
  • The Constitution’s “Workshop of ideas” (Sabino Cassese)
What is behind the Republican Constitution? The members of the Constituent Assembly were not entirely aware of what they were creating. The heterogeneous character of the Constitutional Charter and the oscillation of judgments on the subject imply the necessity of a research on the history of the culture of the Constitution. Should we believe that the Constitution was the result of contingent events, of the “Resistenza” to fascism, substantially a reaction to the previous regime? or alternatively was it the result of a legacy, even fascist, statalism? More generally, what were the strands of ideas that contributed to the formulation of constitutional precepts? The text indicates some “paths” on which work to answer these questions.
  • From the Eighteen century to Unification: the Italians and the discovery of constitution (Luca Mannori)
The contribution sums up the recent evolution of the historical research about the concept of Constitution during the period of Risorgimento. The most significant innovation of the last decades has been the definitive abandoning of a teleological view of the nation building process. The struggle for the constitution fought by the Italian élites during the first half of XIXth century is not assumed anymore as the consequence of a generic tendency to the modernization, but as the effect of many specific phenomena, whose internal dynamics the historians are called upon to investigate and to connect. Up to the end of the XVIIIth century, the Italian political culture didn’t conceive the State as a general community, but as a mere political aggregate of intermediate bodies: so that, the idea of a political ‘Constitution’ of the commonwealth was completely outside the common experience both of the people and the ruling classes. This concept was progressively discovered during the first half of XIXth century; and the article offers a survey of the recent interpretations of this intriguing process
  • Between fiction and reality (Reflections on historiographical trends from 1866 to nowadays) (Romano Ferrari Zumbini)
  • Abstract
The article questions some long-standing and widely circulated interpretative trends in Italian legal and institutional historiography dealing with the birth and evolution of modern constitutionalism before and after the unification, focusing on the first years of the Albertine statute. Many entrenched assumptions are found to be based on a narrow set of early accounts characterised by a non-neutral and sometimes deliberately inaccurate portrayal of events. These results emerge from a factual comparison with findings from first-hand sources, often inexplicably disregarded (even though promptly available, as is the case with parliamentary records).
  • An accepted challenge: monarchy as subject of study of Constitutional history (Paolo Colombo)
Paolo Colombo’s essay retraces the evolution of the Italian constitutional history in the last two decades from the point of view of the studies on constitutional monarchies, especially the Italian one. The subject of this research activity is seen as a challenge that, starting from the end of the Nineties (of the last century), encourages some scholars of history of political institutions to renovate the methods of analysis and the criteria for identifying the sources. Thus, several important lines of interpretation on the political and institutional DNA of our country have been renovated. It is also in this way that the constitutional history carves out a space for herself, consciously and measuredly autonomous from that of administrative history, which marked the first decades of the Italian history of political institutions. Therefore, the essay brings the future research prospects and the new challenges waiting for the constitutional history (and, in general, for the history of the institutions) to light, both from a strictly scientific point of view and from that of the role to play and the goals to pursue in the broader framework of the Italian cultural life.
  • The monarchy in the constitutional history of the long nineteenth century: Italy, Germany, Austria (Anna Gianna Manca)
Object of the essay is a summary reflection on the monarchical institution in the long nineteenth century based on the acquisitions of the most recent Italian constitutional historiography but with an eye to the constitutional historiographies of Germany and Austria. The aim is to collect and highlight correspondences, referrals, parallels, synchronies, common features, which are both real and outlining trends, both structural and functional, both static and dynamic, between the historical events of the Italian constitutional monarchy and the aforementioned foreign monarchical- constitutional experiences.
  • Work, democracy and new forms of citizenship: work- ers participation in a historical perspective (Leonardo Pompeo d'Alessandro)
From the first ideas on the establishment of a “constitutional regime” in the factory to the most recent reform of company law, the issue of worker participation in the control or management of companies has transversely covered the whole of the Twentieth century and the comparison on the different ways of its realization did not fail with the start of the new century. The essay reviews some of the different phases into which this comparison is structured in Italy and focuses on some periodizing nodes: the First World War, the Constituent period and the Seventies. The debate among the members of Constituent Assembly assumes a particular centrality at a time when the theme is reformulated in relation to the connection work-citizenship and to the birth of the newly defined concept of the “working citizen”. The decision to recognize the importance of the topic by enclosing it in a Constitution article (46 art.) made it possible to keep the debate alive and to reformulate the issue adapting it to the changes occurred in society, despite the breaking of the constituent compromise in the Seventies and the affirmation of a new relationship between capital and labor as a result of the loss of centrality of the large factory.
  • Italian constitutionalists and the Resistenza (Giuseppe Filippetta)
Most of the Italian constitutionalists were not interested in the Resistance movement or they told it only as the Resistance of the anti-fascist parties, forgetting the fundamental and spontaneous role of Italian individuals and partisan formations. This happened because the thought of the Italian constitutionalists is characterized by an anti-individualism and anti-pluralism, inherited from the liberal-authoritarian legal thought and from the fascist one, that don’t allow them to think the single individual as a sovereign subject and direct protagonist of the juridical and political life.
  • Constitution and Time. Regimes of Historicity of a legal-political Project (Mauriczio Cau)
Historical research does not seem to have sufficiently reflected on the plurality of the temporal horizons that define the “being in the time” of a Constitution. The contribution aims to analyze the “regimes of historicity” of the Republican Constitution (how it has related to time and how time  has shaped its forms), using in particular the category of “transition”, which has recently captured the interest of some historians. The focus is on the “founding era”, therefore on the beginning of the Republican project. Through the use of the category of transition some characteristics are re- discussed, in particular the coexistence of continuity profiles which, even in a context of strong discontinuity with the past, mark the start of the new constitutional order. The presence of concurrent temporal horizons suggests that the traditional chronology relating to the founding era should be partially revised, blurring the contours.
  • A «Justice with new robe»? Judiciary and 1948 Constitution (Antonella Meniconi)
Prepared by a debate of about two years, especially among the insiders (magistrates and pol- iticians experts in law), the new Constitution of 1948 guaranteed autonomy and independence to the Judiciary. On the issues of justice, a compromise between the different political forces was re- alized, as in general, but the role of jurists such as Piero Calamandrei was decisive in establishing the new constitutional principles for the protection of judicial power. Nevertheless, the transition was a slow and fought process. Many years will be indeed necessary still for the independence of the magistrates to be fully established and the judiciary be freed from the hierarchical constraints that had previously dominated it even in the exercise of jurisdiction.
  • Texts and contexts of the mercy’s power (1848-2018) … to be continued (Monica Stronati)
  • Abstract
This contribution deals with the mercy’s power (Article 87 of the Italian Constitution). The judgement of the Constitutional Court (No. 200, 2006) has changed by way of interpretation a constitutional custom dating back to the time of the Albertine Statute. The decision of the Court has attributed exclusively to the Head of State the right to exercise this power, thus removing any political responsibility from the act, and has made this institution solely devoted to humanitarian purposes, thus denying the political and multi-functional nature of the act of granting pardon. The marginality of the institution has not caused a change in the form of Government, however it has brought to light a series of issues and problems connected to the relationship between powers, particularly to the role and function of the Head of State, its relationship with the executive power, and the relationship between executive and judicial power.
  • Constitution and Administration (Guido Melis)
In the Italian Constitution only two articles, 97 and 98, are explicitly about Public Administration. Even if this subject appears indirectly in some other points of the text, but in general the constituents gave few attention to this issue. The members of the assembly did not have any experiences, or studies, about the world and culture of public office. Even the political parties were outside this topic. The debate about Public Administration went on with lack of participation and modest follow ups. All the profitable work made by the two Fortis committees (by the second in particular) had been ignored in anticipation of the Constitution. Massimo Severo Giannini, who tried to introduce the consciousness of all the great transformations during the thirties in public authorities field, hadn’t been elected in Assembly. Even if he was chief of staff at the Ministry for constituent Assembly his contribution remained the only one. From the point of view of the attention to the administrative state, to new public agencies, to the imprenditorial state, the Constitution was born already old.
  • The Costituente on the radio: Teaching Democracy in the Italian media to the dawn of the Republic (1945-1946) (Giacomo Demarchi)
The paper aims to offer a first reconstruction of the role that the mass media had in spreading the new democratic values in the early post-war years. With this purpose, we study the productions of the Ministero per la Costituente addressed to the mainstream citizens and the relationship between the state radio-cinematographic institutions and the high legal culture. We have focused the investigation on publications and archival sources of the Ministero per la Costituente, the digital archives of Teche RAI and the Istituto Luce, as well we use some personal archives, such as the Umberto Calosso archive.
  • Processes of constitutional enforcement and periodizing of the Republic (Cesare Pinelli)
In the Italian legal and political environment, enforcement of the 1948 Constitution has always raised the greatest attention, due both to the changes, which the very approval of the constitutional text had promised and to the deep divide that characterized the political system in the decades following its entry into force. After having premised that, according to a widely shared scholarly opinion, the Constitution enforcement has been accomplished at the end of the 1970s, the Author observes that such opinion obliterates significant findings, and proposes a more complex reconstruction of the Constitution enforcement that takes into account of the legal developments no less than of the political changes that have affected the country.
  • A review of the studies on the Italian Parliament between an ever- changing electoral legislation and a static form of government (Nicola Lupo)

    The contribution offers a review of the studies, of constitutional law and political science, devoted to the Italian Parliament and to the electoral legislation in the last 30 years, focussing mainly on monographs. The attempts, recurring but unfruitful, to revise the Constitutional provisions on the form of government, as well as the very frequent changes of the electoral law brought to a substantial stalemate of the reforms and updates of the rules of procedures of the Chamber and Senate. Furthermore, they discouraged a full development of parliamentary studies, especially preventing the completion of organic treaties of parliamentary law and practice. Concerning electoral legislations, the recent and incisive judgements of the Constitutional Court are stimulating a growth of the constitutional law studies on the features of electoral systems.
  • Sovereignty: re- turn to the past? (Giovanni Di Cosimo)
The essay analyzes the latest developments in sovereignty that seem to configure a return to previous conceptions. To this end, it traces the evolution of the concept from the liberal age, and comes up to the recent emergence of the sovereign conception.

Virtute et conoscenza
  • The cultural identity of the “Constitutional History”. Reflections on the last 25 years of scientific production (Marco Fioravanti)
Academic teaching and research on the subject of Constitutional History up to the end of the 1980s was almost absent and the production of handbooks in this direction was little more crowded. However, in the last 25 years, the picture has strongly changed and a scientific and cultural profile of Constitutional History has progressively been affirmed, not easily referable, however, to a precise disciplinary space. In this article, I will limit myself to offer a fresco, necessarily incomplete, of the most important handbooks and essays in the field of the History of the Constitutions, Constitutional History, History of Public Law and History of Institutions, leaving aside the distinctions of scientific- disciplinary sectors, inappropriate to identify the cultural identity of Constitutional History.

  • Occultus propter metum. Esotericism and exoterism in the thought of Carl Schmitt about the State (1938-1948) (Carlo Pontorieri)
Through a survey of the writings of Carl Schmitt between 1938 and the post-war period, the author identifies a line of self-interpretation of the complex intellectual and political biography of the jurist from Plettenberg, which feeds on traces, implicit quotations and allusions to the reader. The essay on Thomas Hobbes in 1938 thus becomes the sign of a turning point in the relationship between Schmitt and the Nazi regime, as evidenced by the diaries of the writer Ernst Jünger. In addition, it shows a peculiarity of Schmitt’s writings, a double reading level that can be found as well in the post- war years.
  • A weak State? The relationship between public and private in the United States of America. A his- torical-institutional perspective (Lorenzo Castellani)
The article analyses the recent historiographical debate ongoing in the United States of America on the weakness of the American state. For classical historiography the United States are considered as a statelessness society. Most of the most recent studies on the American institutions are contesting the idea of weak State advocated by the classical historiography of the twentieth century. Considered this debate, the second part of the article focuses on the public-private governance in historical terms. It analyses the relationships of public-private governance through history and it shows cooperation between private and public institutions and the powerful penetration of the State within the American society.
  • A great administrator for a Great Society: the presiden- tial reorganization authority under Lyndon B. Johnson (Cristina Bon/Gauco Vecchiato)
Through the historical analysis of the Presidential reorganization authority, this essay aims at showing how, far from being unequivocally sculpted in the American Constitution, the Chief Executive decision-making power has changed over time, especially during the 20 th Century. On this respect, while on the one hand the presidential reorganization authority has certainly represented a useful tool for granting to any President’s political program a successful outcome, on the other hand this authority can be only granted by the Congress, which recognized the reorganization power to the President only in the time span going from 1932 to 1984. At the same time, this historical grant of authority has also been responsible for the increased public perception of a wide decision- making ability conferred by the US Constitution to the President. A case to the point is represented by Lyndon B. Johnson’s Presidency, which made an extensive use of the reorganization authority granted by the Congress and took advantage of this power to realize one of the most significant efforts made by an American President to adapt the federal administration to the changing needs of the American society.

  • Antonino Scalone reads Carl Schmitt, Legalità et legalità
  • Thirteen reading proposals
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BOOK: John SNAPE and Dominic DE COGAN, eds., Landmark Cases in Revenue Law (Oxford: Hart Publishing, 2019). ISBN 9781509912261, £85.00

(Source: Hart Publishing)

Hart Publishing is publishing a book on landmark cases in UK revenue law.


In an important addition to the series, this book tells the story of 20 leading revenue law cases. It goes well beyond technical analysis to explore questions of philosophical depth, historical context and constitutional significance. The editors have assembled a stellar team of tax scholars, including historians as well as lawyers, practitioners as well as academics, to provide a wide range of fresh perspectives on familiar and unfamiliar decisions. The whole collection is prefaced by the editors' extended introduction on the peculiar significance of case-law in revenue matters. This publication is a thought provoking and engaging showcase of tax writing that is accessible equally to specialists and non-specialists.


John Snape is an Associate Professor of Law at the University of Warwick.
Dominic de Cogan is University Lecturer in Tax Law in the Law Faculty in the University of Cambridge.


Introduction: On the Significance of Revenue Cases 
John Snape and Dominic de Cogan
1. Case of Ship-Money (R v Hampden) (1637): Prerogatival Discretion in Emergency Conditions 
Michael J Braddick
2. Farmer v Glyn-Jones (1903): The Perils of Revenue Practice 
Chantal Stebbings
3. De Beers Consolidated Mines Ltd v Howe (1906): Corporate Residence: An Early Attempt at European Harmonisation 
John Avery Jones and Johann Hattingh
4. Thomas Gibson Bowles v Bank of England (1913): A Modern John Hampden? 
Martin Daunton
5. Great Western Railway Co v Bater (1922): A Question of Classification 
John HN Pearce
6. The Archer-Shee Cases (1927): Trusts, Transparency and Source 
Malcolm Gammie
7. Commissioners of Inland Revenue v Crossman (1936): Keeping it in the Family 
Ann Mumford
8. Edwards v Bairstow and Harrison (1955): Fact Finding and the Power of the Courts 
Anne Fairpo
9. Odeon Associated Theatres Ltd v Jones (HM Inspector of Taxes) (1971): A Delphic Pronouncement and a Fundamental Tension 
Judith Freedman
10. WT Ramsay v Commissioners of Inland Revenue (1981): Ancient Values, Modern Problems 
John Snape
11. CIR v National Federation of Self-Employed and Small Businesses (1981): All Grievances Converging on Tax Law 
Dominic de Cogan
12. Conservative and Unionist Central Office v Burrell (1981): A Case of Hidden Significance 
Victor Baker
13. Mallalieu v Drummond (1983): Allowable Deductions, Inadmissible Arguments 
Geoffrey Morse
14. Zim Properties Ltd v Proctor (1985): Compromise of Action, Compensation and CGT 
David Salter
15. The Commerzbank Litigation (1990): UK Law, Tax Treaty Law and EU Law 
Philip Baker
16. Pepper v Hart and Others (1992): The Case of the Misunderstood Minister 
Philip Ridd
17. R v Secretary of State for Foreign and Commonwealth Affairs, ex parte World Development Movement (1994): Financial Prudence, Interfering Busybodies 
Abimbola A Olowofoyeku
18. Barclays Mercantile Business Finance v Mawson (2004): Living with Uncertainty 
John Vella
19. Cadbury Schweppes and Cadbury Schweppes Overseas (2006): CFC Rules Under EU Tax Law 
Christiana HJI Panayi
20. Jones v Garnett (2007): Legal Form, Legal Problem 
Glen Loutzenhiser

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BOOK: Marc REUTER, Ghettorenten : eine Rechtsmethodische und -Historische Untersuchung zum Umgang mit nationalsozialistischem Unrecht in der Sozialversicherung (Tübingen: Mohr Siebeck, 2019). ISBN 978-3-16-156573-1, €90.00

(Source: Mohr Siebeck)

Mohr Siebeck is publishing a book on Nazi ghetto labour and its relation to social security questions.


War Arbeit, die insbesondere jüdische Verfolgte des Nationalsozialismus in Ghettos während des Zweiten Weltkriegs unter unmenschlichen Bedingungen erbrachten, eine rentenversicherungspflichtige Beschäftigung? Erfolgte sie »freiwillig« im Sinne der bundesrepublikanischen Rentenversicherungsgesetze? Waren Essensrationen »Entgelt«? So widersprüchlich diese Fragen sind, so wichtig waren und sind sie für Überlebende der NS-Verfolgung, die auf eine späte Anerkennung ihrer im Ghetto geleisteten Tätigkeit hoff(t)en. Marc Reuter unterzieht die wechselvolle Rechtsprechung der Sozialgerichte dazu einer kritischen Prüfung. Er zeigt, dass juristische Methodik und rentenversicherungsrechtliche Dogmatik angesichts der Wirklichkeit der Ghettos an ihre Grenzen gelangen und ein im Sozialversicherungsrecht herrschendes Kontinuitätsdenken die Aufarbeitung des NS-Unrechts erschwerte.


Marc Reuter Geboren 1987; Ausbildung an der Kölner Journalistenschule für Politik und Wirtschaft e.V.; Studium der Rechtswissenschaften an der Universität zu Köln; 2014 Erstes Staatsexamen; Wissenschaftlicher Mitarbeiter am Institut für Deutsches und Europäisches Arbeits- und Sozialrecht der Universität zu Köln; Juristischer Vorbereitungsdienst am OLG Köln; 2018 Promotion.

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10 January 2019

BOOK: Caroline REGAD, Les juristes de Louis XIII et de Richelieu, théoriciens de l’État (Paris: LGDJ, 2018). ISBN 978-2-275-06185-6, €57.00

(Source: LGDJ)

LGDJ has published a book on the lawyers of Louis XIII and Richelieu.


Mesurer l'absolu : voilà toute la force de la pensée imprimée par les juristes de Louis XIII et de Richelieu à la monarchie, eux qui contribuent de manière significative à la construction de l'État par le droit. Les successeurs des Légistes et des Politiques précisent le fondement, le critère et l'étendue de l'absolu qu'ils se doivent désormais de mesurer. La souveraineté est au coeur du processus : elle est déployée sous la forme d'une véritable arme de combat dans une sorte de théologie politique exposée par les juristes. 

Conscients que dans le cadre de la monarchie mesurée, il faut poser des repères, les juristes du pouvoir fort utilisent le droit de manière instrumentale pour contribuer à l'affermissement du roi et de l'État. Si, a priori, définir, c'est contenir, les juristes se réservent une possibilité d'extension continue des droits, pour peu que la thèse qu'ils défendent l'exige. 

Pour autant, l'histoire du règne de Louis XIII est bien celle du passage des droits du roi à un droit de l'État.

Prix Jean Bodin et second prix de thèse de l'Association des Historiens des Facultés de Droit (2013)

Ouvrage publié grâce au soutien du Centre de Droit et de Politique Comparés (CDPC Jean-Claude Escarras, CNRS, UMR DICE) de l'Université de Toulon

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09 January 2019

BOOK: Gerald LEONARD and Saul CORNELL, The Partisan Republic : Democracy, Exclusion, and the Fall of the Founders’ Constitution, 1780s-1830s [New Histories of American Law] (Cambridge: Cambridge University Press, 2019). ISBN 9781107663893, £ 21.99

(Source: CUP)

Cambridge University Press is publishing a new book on constitutional change in the US’  Founding Era.


The Partisan Republic is the first book to unite a top down and bottom up account of constitutional change in the Founding era. The book focuses on the decline of the Founding generation's elitist vision of the Constitution and the rise of a more 'democratic' vision premised on the exclusion of women and non-whites. It incorporates recent scholarship on topics ranging from judicial review to popular constitutionalism to place judicial initiatives like Marbury vs Madison in a broader, socio-legal context. The book recognizes the role of constitutional outsiders as agents in shaping the law, making figures such as the Whiskey Rebels, Judith Sargent Murray, and James Forten part of a cast of characters that has traditionally been limited to white, male elites such as James Madison, Alexander Hamilton, and John Marshall. Finally, it shows how the 'democratic' political party came to supplant the Supreme Court as the nation's pre-eminent constitutional institution.


Gerald Leonard, Boston University
Gerald Leonard is Professor of Law at Boston University School of Law and author of The Invention of Party Politics: Federalism, Popular Sovereignty, and Constitutional Development in Jacksonian Illinois (2002).

Saul Cornell, Fordham University, New York
Saul Cornell is the Paul and Diane Guenther Chair in American History at Fordham University, New York, and author of The Other Founders: Antifederalism and the Dissenting Tradition in America, 1788–1828 (1999) and A Well Regulated Militia: The Founding Fathers and the Origins of Gun Control in America (2006).


1. The new constitution
2. The federalist constitution and the limits of constitutional dissent
3. The democracy vs the law: the role of the federal judiciary, 1789–1815
4. The paradoxes of Jeffersonian constitutionalism
5. The white democracy
6. The Marshall Court, the Indian nations, and the democratic ascendancy
Conclusion: the constitutional triumph and failure of the democratic party
Bibliographical essay

More information here

08 January 2019

PRIZE: 2019 Toynbee Prize to Prof. Lauren Benton (Vanderbilt University)

(image source: Toynbee Prize Foundation)

We have the following announcement from the Toynbee Prize Foundation:

Lauren Benton has been named winner of the 2019 Toynbee Prize. Benton is Nelson O. Tyrone, Jr. Professor of History and Professor of Law at Vanderbilt University.
Benton was selected as winner of the Prize by the Toynbee Prize Foundation’s Board of Trustees. Both Dominic Sachsenmaier, President of the Foundation and Chair Professor of Modern China at the University of Göttingen, and Darrin McMahon, Foundation Vice-President and Mary Brinsmead Wheelock Professor of History at Dartmouth College, applauded the choice of Benton. “Lauren Benton has made enormous contributions to the global historical study of empires and international legal systems,” said Sachsenmaier. “We are delighted to award her the 2019 Toynbee Prize for the excellence and broad range of her global historical scholarship.”
The Trustees agreed. Jennifer Pitts, Associate Professor of Political Science at the University of Chicago, commented:
Lauren Benton has been an indispensable voice in global history, imperial history, and the history of international law, especially in the lively and ongoing interdisciplinary debate about the formation of the global legal order. She has broken important new ground with each of her books, as well as many articles on subjects from legal pluralism to piracy to the abolition of the slave trade. She has made a uniquely powerful case that the history of international law must take into account not simply the arguments of prominent legal theorists but also the actions and arguments of a host of actors from all over the world, what she has called “vernacular forms of political theory.” Her lively authorial voice, incisive arguments and conceptual innovations, engaging narratives, and remarkable archival work have made her work equally valuable to students and specialists alike.
David Armitage, Lloyd C. Blankfein Professor of History at Harvard University wrote:
Lauren Benton has done more than any other scholar in recent generations to reintegrate global history with legal history. With archival tenacity and broad conceptual sweep, she has used fine-grained microhistory in the service of world-spanning arguments about the tentative distribution of imperial power, the informal elaboration of international law, and the paradoxes of sovereignty in a world unevenly colonized and incompletely decolonized. Her achievements, alone and in collaboration with a wide range of younger scholars, make her an apt and inspirational recipient of the Toynbee Prize.
Jeremy Adelman, Henry Charles Lea Professor of History and Director of the Global History Lab at Princeton University enthused:
Lauren Benton has opened new frontiers for global history. She has challenged us all to rethink how we think about empires by spotlighting the spaces in between, the anomalies, and the fringes as locations of improvisation and development.  She has upended the traditional understandings of law and outlawry in the making of practices of modern sovereignty.  And the breadth of her research is simply astonishing.
Jie-Hyun Lim, Professor of Transnational History and Director of the Critical Global Studies Initiative at Sogang University, Seoul, added that “[b]y investigating “jurisdictional politics,” Lauren Benton has contributed to our understanding of the global legal regime as the palimpsest of historical negotiations between centers and peripheries.”
Benton is the author of four books and editor of three. She is perhaps best known for her three seminal works of comparative legal history: Law and Colonial Cultures: Legal Regimes in World History, 1400–1900 (Cambridge UP, 2002), which was awarded the J. Willard Hurst Prize and the World History Association Book Prize; A Search for Sovereignty: Law and Geography in European Empires, 1400–1900 (Cambridge UP, 2010); and, most recently, Rage for Order: The British Empire and the Origins of International Law, 1800–1850 (Harvard UP, 2016), co-written with Professor Lisa Ford. In his review of Law and Colonial Cultures, the late Adam McKeown, former professor of history at Columbia University, hailed the book as “a landmark in the creation of a more complex modern global cultural history built on more than just expansion and resistance, but on a shifting negotiation of power, culture, difference, homogenization, identity, and rights.” [1] Her other books include Invisible Factories: The Informal Economy and Industrial Development in Spain (State University of New York Press, 1990); with Bain Attwood and Adam Clulow, Protection and Empire: A Global History (Cambridge UP, 2017); with Richard Ross, Legal Pluralism and Empires, 1500-1850 (New York UP, 2013); and, with Alejandro Portes and Manuel Castells, The Informal Economy: Studies in Advanced and Less Developed Countries (1989). Benton received her A.B. with a concentration in economics from Harvard University in 1978 and a Ph.D. in anthropology and history from Johns Hopkins University in 1987. Prior to her position at Vanderbilt, she was Julius Silver Professor of History and Affiliated Professor of Law at New York University. She has also taught at Rutgers University, New Jersey Institute of Technology, the University of Washington, Bothell, and Massachusetts Institute of Technology.
The Toynbee Prize is awarded biennially “for work that makes a significant contribution to the study of global history.” In winning the Prize, Benton joins a distinguished roster of Toynbee Prize recipients, including Natalie Zemon Davis, Dipesh Chakrabarty, Christopher Bayly and, most recently, Jürgen Osterhammel.
Benton will formally accept the Prize and deliver the Toynbee Prize Lecture at the Annual Meeting of the American Historical Association in Chicago, Illinois, in early January 2019. Details of the lecture to follow.
(source: ESILHIL Blog)