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23 September 2019

CALL FOR PAPERS: Constituting Boundaries - Identities, Polities, and Colonial and Postcolonial Constitution-Making, 1776-2019 (University of Oxford, 20-21 April 2020) (DEADLINE: 17 November 2019)


(Source: TORCH)

We learned of a call for papers for a conference at Oxford on the process and effects of constitution-making in colonial and postcolonial polities across the world since the American Revolution. Here the call:

Monday 20th and Tuesday 21st April 2020
Pembroke College, Oxford

In their function as frames of government, constitutions draw boundaries of belonging. The act of making a constitution makes a claim for the existence of a political community, and their texts define the terms of citizenship and of political participation in that community, including and excluding individuals based on race, gender, sexuality, disability, class, and religion.

After 1776, the rebellious states of British North America strove to create ‘government[s] of laws, not of men.’ To achieve their goal, they composed new systems of government on paper, culminating in the creation of the US Constitution in 1787. Countless other nations and empires have followed suit. Constitution-making — successful or otherwise — is a common feature of moments of social and political upheaval in modern global history. Some constitution-makers have eradicated slavery, thrown off empire, and legislated for social justice, as in Haiti in 1805, the Cherokee Nation in 1827, India in 1950 and South Africa in 1996. Others have consolidated imperial dominion and codified racial discrimination and exploitation, as in the settler nations of the United States, Canada, Australia, New Zealand, and Rhodesia.

With the support of TORCH | The Oxford Research Centre in the Humanities, the Andrew W. Mellon Foundation, and the Quill Project at Pembroke College, this interdisciplinary conference will bring together scholars with a common interest in the process and effects of constitution-making in colonial and postcolonial polities across the world since the American Revolution. The principal focus of discussion will be on the intersection between constitution-making and identity formation.

The convenors invite proposals for individual papers and panels from scholars working in history, literature, the arts, law, area studies, political science, philosophy, and digital humanities. We are looking for papers and panels on topics related to the conference theme. These may include, but are not limited to:

· The influence of Western and non-Western political thought on global constitution-making
· Settler colonies, constitutions, and empire
· Constitution-making among indigenous nations
· Imperial constitutions in European empires
· Resistance to colonial/noncolonial constitutions and constitution-making
· Decolonization and constituting new nations
· Constitutional amendment and the inclusion of Othered groups
· Artistic, literary, and cultural responses to constitution-making
· How constitutional provisions have been used to control indigenous peoples
· Gender and constitution-making
· Sexuality, LGBT+ rights, and constitutional law
· Mental and physical health and constitutions
· Violence, warfare, and coercion in the creation of constitutional settlements
· The role of public opinion and popular ratification in establishing the authority of constitutions
· The social and economic effects of constitutional change
· Crime, criminals, and constitutional rights
· Constitutions and social hierarchy
· Rights and constitutions – consideration of social, economic, religious, and civil rights in constitution-making
· National identity and the colonial/postcolonial constitution
· Constitutions and voting qualifications, for example property, literacy, and gender
· Religious influences on constitutions and their makers
· Modes and processes of constitution-making across time and space
· Constitutional Pan-Africanism and Pan-Arabism
· Radical constitutionalism and redefining imperial polities

Registration

The conference is open to doctoral students and post-doctoral researchers from the UK or abroad, working in any field which addresses the central theme.

The registration fee will be £50 per person. There will be an optional conference dinner, and accommodation in Pembroke College, at additional cost. Estimated cost for the conference dinner is £40 per person (wine extra), while ensuite rooms with breakfast start at £75 per night.

Proposals for individual 20-minute papers should include a 300-word abstract and a 100-word biography. Panel proposals should include a 500-word description of the focus of the panel, and brief biographies of all participants. These should be received by 17th November 2019.

Please email the conference convenors, Kieran Hazzard and Grace Mallon, with proposals via: constitutingboundaries@gmail.com.

More info on the conference website

BOOK: Wolfgang BARTUSCHAT, Stephan KIRSTE, and Manfred WALTHER, eds., Naturalism and Democracy - A Commentary on Spinoza’s “Political Treatise”; in the Context of His System (Leiden-New York: Brill, 2019).


(Source: Brill)

Brill has published a new book on the political philosophy of Spinoza (translated from German).

ABOUT THE BOOK

Naturalism and Democracy, first published in German in 2014, presents a long-awaited commentary on Spinoza’s Political Treatise (Tractatus politicus). Its contents reflect a recent intensification in the interest in Spinoza’s political philosophy in Germany. The volume addresses Spinoza’s political philosophy according to its place within his philosophical system as a whole, beginning with his theory of the natural genesis of law and state. Following from this are commentaries on the foundations of political philosophy, the relation of natural and state law, the theory of sovereignty, and theory of international relations. These chapters lay the basis for four essays interpreting Spinoza’s attempt to conceive of a systematic optimization of political and legal institutions for all three forms of governance (monarchy, aristocracy, democracy). The volume closes with an analysis of the current relevance of Spinoza’s political thinking and his influence on contemporary debates.

ABOUT THE EDITORS

Wolfgang Bartuschat is professor (ret.) of Philosophy at Hamburg University. His areas of research are Philosophy of Modernity (emphasis on Spinoza and Kant), Systematic Metaphysics, Hermeneutics, and Philosophy of Law. 

Stephan Kirste is professor of Philosophy of Law and Social Philosophy at the University of Salzburg. His interests lie in Philosophy of Law and Constitutional Law. 

Manfred Walther is professor (emeritus) of Philosophy of Law at the Law Faculty of the Leibniz University of Hannover. His main areas of research are the Philosophy of Law and State since antiquity, as well as Spinoza and his reception, mainly in Germany. 

TABLE OF CONTENTS

Spinoza’s Ontology and Epistemology as Background to his Political Theory
By: Wolfgang Bartuschat
Pages: 1–10
Political Philosophy as Theory of Practice (Chapter 1: Introduction)
By: Stephan Kirste and Manfred Walther
Pages: 11–16
Natural and State Right, or, Spinoza’s Justification of Practical Reason (TP, Chapter 2)
By: Gunnar Hindrichs
Pages: 17–37
Spinoza’s Theory of Sovereignty (TP, Chapter 3, §§ 1–10)
By: Oliver W. Lembcke
Pages: 38–56
Spinoza’s Theory of International Relations (TP, Chapter 3, §§ 11–18)
By: Tilmann Altwicker
Pages: 57–67
Right and Reason in Spinoza’s Political Philosophy
On the Tasks and Limits of State Authority (TP, Chapter 4)
By: Tobias Herbst
Pages: 68–80
Theory of the Best State (TP, Chapter 5)
By: Martin Leiner
Pages: 81–92
Institutional Design to Stabilize the State i
Theory of the (Constitutional) Monarchy (TP, Chapters 6 and 7)
By: Manfred Walther
Pages: 93–102
Theory of the Aristocracy (TP, Chapters 8–10)
By: Wolfgang Bartuschat
Pages: 103–122
Spinoza’s Theory of Absolute Democracy (TP, Chapters 7/5, 8/1, 11; ttp 16)
By: Rainer Keil
Pages: 123–148
The Political Treatise in Present Discussion
By: Tilman Reitz
Pages: 149–180

More info here

Jessica M. MARGLIN, La nationalité en procès : droit international privé et monde méditerranéen (Annales. Histoire, Sciences Sociales LXXIII (2018), No. 1)

(source: cairn)

Abstract:
This article uses a single, transnational legal case that played out between Italy and Tunisia in the 1870s and 1880s to tell a truly global history of international law—that is, one that goes beyond the boundaries of the West. Samama v. Samama was a fabulously complicated case that dragged on in Italian courts for almost a decade. The crux of the legal arguments concerned the nationality of Nissim Samama, a Jew born in Tunis; Samama’s nationality, in turn, would determine which legal system regulated his estate. The Italian Civil Code enshrined respect for the national law of a foreigner, but such foreigners were presumed to be Western. A case involving the national law of Tunisia and the status of Jews called the very foundations of the international legal system into question. In putting Samama’s nationality on trial, the case opened up debate over fissures in the emerging theory of international law: How could non-Western states like Tunisia fit into an international legal order? How did Islamic law intersect with international law? What was the status of Jewish nationhood in a world increasingly based on exclusive nationalities? The Samama case offers access to the voices of European international lawyers debating the ambiguities of their field, as well as those of Maghrebis articulating their own vision of international law. The resulting arguments exposed tensions inherent to an international legal system uncomfortably balanced between universalism and Western particularism.
(read more on cairn)

BOOK: Lawrence M. FRIEDMAN, A History of American Law, 4th ed. (Oxford: Oxford University Press, 2019). ISBN 9780190070885, $125.00


(Source: OUP)

Oxford University Press has just published the 4th edition of Professor Friedman’s work on the history of American law.

ABOUT THE BOOK

Renowned legal historian Lawrence Friedman presents an accessible and authoritative history of American law from the colonial era to the present day. This fully revised fourth edition incorporates the latest research to bring this classic work into the twenty-first century. In addition to looking closely at timely issues like race relations, the book covers the changing configurations of commercial law, criminal law, family law, and the law of property. Friedman furthermore interrogates the vicissitudes of the legal profession and legal education. The underlying theory of this eminently readable book is that the law is the product of society. In this way, we can view the history of the legal system through a sociological prism as it has evolved over the years.

ABOUT THE AUTHOR

Lawrence M. Friedman is the Marion Rice Kirkwood Professor of Law at Stanford Law School.

TABLE OF CONTENTS

Prologue

Part I: The Beginnings: American Law in the Colonial Period

Part II: From the Revolution to the Middle of the Nineteenth Century:1776-1850
Chapter 1 The Republic of Bees
Chapter 2 Outposts of the Law: The Frontier and the Civil Law Fringe
Chapter 3 Law and the Economy: 1776-1850
Chapter 4 The Law of Personal Status: Wives, Paupers, and Slaves
Chapter 5 An American Law of Property
Chapter 6 The Law of Commerce and Trade
Chapter 7 Crime and Punishment: And a Footnote on Tort
Chapter 8 The Bar and Its Works

Part III: American Law to the Close of the Nineteenth Century
Chapter 1 Blood and Gold: Some Main Themes in the Law in the Last Half of the Nineteenth Century
Chapter 2 Judges and Courts: 1850-1900
Chapter 3 Procedure and Practice: An Age of Reform
Chapter 4 The Land and Other Property
Chapter 5 Administrative Law and Regulation of Business
Chapter 6 Torts
Chapter 7 The Underdogs: 1850-1900
Chapter 8 The Law of Corporations
Chapter 9 Commerce, Labor, and Taxation
Chapter 10 Crime and Punishment
Chapter 11 The Legal Profession: The Training and Literature of Law
Chapter 12 The Legal Profession: At Work

Part IV: The Twentieth Century
Chapter 1 Leviathan Comes of Age
Chapter 2 The Growth of the Law
Chapter 3 Internal Legal Culture in the Twentieth Century: Lawyers, Judges, and Law Books
Chapter 4 Regulation, Welfare, and the Rise of Environmental Law
Chapter 5 Crime and Punishment in the Twentieth Century
Chapter 6 Family Law in the Twentieth Century

Epilogue A Final Word
Bibliographical Essay
Index

More info here


BOOK: Nathan C. WALKER, The First Amendment and State Bans on Teachers’ Religious Garb : Analyzing the Historic Origins of Contemporary Legal Challenges in the United States. (London: Routledge, 2019). ISBN 9780367188306, £115.00


(Source: Routledge)

Routledge has published a book on the history of laws and debates surrounding teachers’ religious garb in the United States.

ABOUT THE BOOK

Examining the twelve-decade legal conflict of government bans on religious garb worn by teachers in U.S. public schools, this book provides comprehensive documentation and analysis of the historical origins and subsequent development of teachers’ religious garb in relation to contemporary legal challenges within the United Nations and the European Union.

By identifying and correcting factual errors in the literature about historical bans on teachers’ garb, Walker demonstrates that there are still substantial and unresolved legal questions to the constitutionality of state garb statutes and reflects on how the contemporary conflicts are historically rooted. Showcased through a wealth of laws and case studies, this book is divided into eight clear and concise chapters and answers questions such as: what are anti-religious-garb laws?; how have the state and federal court decisions evolved?; what are the constitutional standards?; what are the establishment clause and free exercise clause arguments?; and how has this impacted current debates on teachers’ religious garb?, before concluding with an informative summary of the points discussed throughout.

The First Amendment and State Bans on Teachers’ Religious Garb is the ideal resource for researchers, academics, and postgraduate students in the fields of education, religion, education policy, sociology of education, and law, or those looking to explore an in-depth development of the laws and debates surrounding teachers’ religious garb within the last 125 years.

ABOUT THE AUTHOR

Rev. Dr. Nathan C. Walker is executive director of 1791 Delegates. He has studied law and religion at Harvard and Columbia universities, US.

TABLE OF CONTENTS

List of Tables
Foreword
Acknowledgements
Glossaries
Preface
Chapter I - The Problem and the Plan
Chapter II - How Did We Get Here
Chapter III - What are the Constitutional Standards?
Chapter IV - How Do We Proceed?
Chapter V - What are the Establishment Clause Arguments?
Chapter VI - What are the Free Exercise Clause Arguments?
Chapter VII - Discussion and Decision
Chapter VIII - What Have We Learned?
Case Abbreviations
Index

More info here

FELLOWSHIP: Witteveen Memorial Fellowship in Law and Humanities (DEADLINE: 15 November 2019)



Tilburg University has a call for applications for the Witteveen Memorial Fellowship in Law and Humanities. Here the call:

Professor Willem Witteveen (1952-2014) was an early representative of the interdisciplinary and contextual approach to legal scholarship in the Netherlands. Whereas the emphasis of this approach has often been on the social sciences, Professor Witteveen’s focus was on intersections between law and the humanities. Professor Witteveen’s many contributions to academia, politics and society combined rhetoric, literary analysis, political philosophy and intellectual and cultural history. In his teaching, Professor Witteveen embraced the classic Bildungsideal, and put textual interpretation at the heart of his classes. He fostered an academic environment that revolved around thinking and discussing.

After Professor Witteveen’s untimely death in 2014, Tilburg University established the annual Witteveen Memorial Fellowship in Law and Humanities in order to commemorate his life and work. The fellowship aims to enable a junior scholar (PhD or postdoc level) to develop her or his research in the field of law and humanities during a visit to Tilburg. The fellowship seeks to promote research on the relations between law and language, rhetoric, narrative, image, sound, and/or culture.

What the Witteveen Memorial Fellowship in Law and Humanities offers
The Witteveen Memorial Fellow will have office space and facilities at Tilburg Law School, as well as full library access.

We offer reimbursement of travel expenses and accommodation expenses (max. 5,250 Euro). The Witteveen Memorial Fellowship does not constitute an employment relationship. For this reason, Tilburg Law School will not pay salary and will not make social insurance contributions or contributions to pension or unemployment insurance. Fellows will need to find their own accommodation.

In principle, the Witteveen Memorial Fellow in Law and Humanities will be at Tilburg Law School for the duration of three months in the spring following the application deadline. Candidates are welcome to propose a different period. In case the fellow will visit for less than three months, the maximum amount to be reimbursed will be proportionately lower. If the fellow’s visit will be longer, the total amount to be reimbursed remains 5,250 Euro.

What is expected of the Witteveen Memorial Fellow
During the period of the fellowship the scholar will be present at Tilburg Law School, participate in the academic life of both Tilburg Law School and the Tilburg School of Humanities, and deliver a guest lecture to students. Any publications resulting from the fellowship should mention the Witteveen Memorial Fellowship in Law and Humanities explicitly.

Eligible Candidates
Scholars who are currently working on a PhD dissertation (at least in the third or fourth year of their PhD trajectory) or who obtained their PhD within the last five years are eligible.

Application
Candidates are requested to submit their application before 15 November 2019. Applications can only be submitted online. Candidates must submit a cover letter, a CV including a list of publications, a statement of intent (‘what do you plan to do during the fellowship?’, ‘what is the end product?’) and one letter of recommendation.

In principle, the selection committee will decide on the basis of the written application only. The extent to which a candidate’s background is in law and humanities as well as evidence of interaction between both disciplines in the candidate’s work is an important selection criterion.

For questions, please contact Prof. Vanessa Mak (substantive questions) and/or Jacoba de Jong (other questions). They can both be reached at frw.pz@tilburguniversity.edu.

Tilburg Law School
Tilburg Law School (TLS) staat voor kwaliteit, met brede, internationale opleidingen en innovatief onderzoek. Het onderzoek van Tilburg Law School vindt plaats in een organisatie waar ruimte is voor diversiteit. De Tilburg Graduate Law School is verantwoordelijk voor de opleiding en begeleiding van promovendi en onderzoeksmasterstudenten. De inspirerende en open cultuur maakt het werken plezierig.

Sollicitatiecode
Tilburg University hanteert de 
NVP-sollicitatiecode van de Nederlandse Vereniging voor Personeelsmanagement & Organisatieontwikkeling.

Disclaimer
De tekst in deze vacatureadvertentie is auteursrechtelijk beschermd eigendom van Tilburg University. Gebruik, verspreiding en verdere openbaarmaking van de advertentie zonder uitdrukkelijke toestemming van Tilburg University is niet toegestaan en dat geldt expliciet voor gebruik door werving- en selectiebureaus welke niet rechtstreeks handelen in opdracht van de Tilburg University. Reacties naar aanleiding van werving door niet-opdrachtnemers van Tilburg University

More info here



20 September 2019

BLOG: Prof. John HUDSON (St Andrews) on "The historical differences between Scottish and English Law, and what it means for Brexit" (BBC History Extra)

(image source: BBC History Extra)

Presentation:
This week has seen challenges to the prorogation of UK parliament in both Scottish and English courts. Ahead of an appeal in the Supreme Court of the United Kingdom, Professor John Hudson of the University of St Andrews explains why elements of Scots and English law remain distinct to this day…
Read more with History Extra.

BOOK: Luka SCHOLZ, Borders and Freedom of Movement in the Holy Roman Empire [Studies in German History] (Oxford: OUP, 2019), 288 p. ISBN 9780198845676, 60 GBP


(image source: twitter)

Book abstract:
Borders and Freedom of Movement in the Holy Roman Empire tells the history of free movement in the Holy Roman Empire of the German Nation, one of the most fractured landscapes in human history. The boundaries that divided its hundreds of territories make the Old Reich a uniquely valuable site for studying the ordering of movement. The focus is on safe-conduct, an institution that was common throughout the early modern world but became a key framework for negotiating free movement and its restriction in the Old Reich. The study shows that attempts to escort travellers, issue letters of passage, or to criminalize the use of 'forbidden' roads served to transform rights of passage into excludable and fiscally exploitable goods. Mobile populations - from emperors to peasants - defied attempts to govern their mobility with actions ranging from formal protest to bloodshed. Newly designed maps show that restrictions upon moving goods and people were rarely concentrated at borders before the mid-eighteenth century, but unevenly distributed along roads and rivers. Luca Scholz unearths intense intellectual debates around the rulers' right to interfere with freedom of movement. The Empire's political order guaranteed extensive transit rights, but claims of protection could also mask aggressive attempts of territorial expansion. Drawing on sources discovered in more than twenty archives and covering the period between the late sixteenth and the early nineteenth centuries, Borders and Freedom of Movement in the Holy Roman Empire offers a new perspective on the unstable relationship of political authority and human mobility in the heartlands of old-regime Europe.
On the author:
Luca Scholz is a historian of early modern Europe, combining social, legal, and intellectual history with geospatial and digital methods. He holds a PhD in History from the European University Institute after previously studying history and economics in Paris and Heidelberg. He has published English, German, French, and Italian articles and chapters on passports, serfdom, the politics of protection, and spatial history. After teaching at the Free University of Berlin and at Stanford University, he is currently Lecturer in Digital Humanities at the University of Manchester. 
More information with OUP.

Book: Giuseppe MECCA, Il governo rappresentativo. Cultura politica, sfera pubblica e diritto costituzionale nell’Italia del XIX secolo (Macerata: Edizione università di Macerata, 2019). ISBN 978-88-6056-623-2, € 16.

(image source: Prof. Mecca)

Book abstract:
The history of representative government is the narration of a communication strategy and how this concept is the product of the self-assertion of Italian liberal élites. In the nineteenth century the development of constitutional government was closely connected to the birth of a public sphere that began to know and openly discuss themes and issues of general interest in some states especially from the 1840s. Not yet undermined by other means of communication, the press responded, in liberal states, to the general need for information, by becoming a propaganda tool for values, identity and belonging, and a channel for the formation of opinions. The theme of “communication” is therefore essential for the purposes of this survey: public opinion interacted with a new flow of political and constitutional information and the newspapers probably had more influence than “parties” and political associations. The historical concept of representative government is a “space” open to the dynamic dimension of the circulation of ideas, knowledge, norms and practices. Assuming as the object of observation the category of representative government, accompanied by its complex and ambiguous conceptual network, meant entering the workshop of Italian constitutional practice, retracing the ideas that led to its formation and grasping the consolidation of the first constitutional doctrine.

On the author:
Giuseppe Mecca has a PhD in Legal history and is a qualified lawyer. Since 2014 he has been a member of the “Reconsidering Constitutional Formation” project (ReConFort - www.reconfort.eu) funded by the European Research Council and Wissenschaftlicher Mitarbeiter at the University of Passau for the chair of History of Law and Civil Law of Prof. Dr. Ulrike Müßig. He also collaborates with the chair of History of Law at Luiss University "Guido Carli" in Rome
(source: Prof. Mecca)
(read more here)


LECTURE SERIES: Conférences de la Société d’histoire du droit 2019-2020 (Paris)


(Source: Hi-D)


The Société d’histoire du droit pas published a list of speakers for its annual lecture series, which can be found here

JOB: Postdoctoral or PhD researcher – Research Group “"Translations and Transitions: Legal Practice in 19th Century Japan, China, and the Ottoman Empire" (Max Planck Institute for European Legal History) (DEADLINE: 31 October 2019)



We learned of a call for a PhD or postdoctoral researcher (with masterful command of Chinese) at the Max Planck Institute for European Legal History. Here the call:

The Max Planck Institute for European Legal History in Frankfurt is a world leader in researching the history of law in Europe and beyond.

We are now looking to recruit:

one Postdoctoral Researcher (m/f/d) or one Doctoral Student (m/f/d)
from 1 January 2020, or as soon as possible thereafter,
for Dr. Lena Foljanty's research group:

"Translations and Transitions: Legal Practice in 19th Century
Japan, China, and the Ottoman Empire"

Your tasks
You will develop, co-ordinate and pursue an independent (doctoral or postdoctoral) project within the research group. The research group deals in a comparative way with the complex transformations that have taken place in Japan, China and the Ottoman Empire in the field of private law practice resulting from contact with Western legal traditions. Within the context of the research group, you will be responsible for the investigation of the transformation of legal practices in China in the field of private law in the late Qing-period as well as in the early 20th century (until 1937).

You will analyse the transformation of conceptions of law and the practice(s) of decision-making. Possible areas of investigation include, for example, the communication between the political elite pursuing reforms and the local courts, court practices as revealed in court files and judgements, civil procedure, judicial reform or the reorganisation of legal education.

You are expected to publish your findings and work together with the other members of the research group, under the guidance of Dr. Foljanty, to develop a comparative perspective.

Your Profile
You hold a first-class or high upper-second class degree in law, the humanities or the social sciences. The position is open both to early and late stage Ph.D. projects as well as to those who just completed their Ph.D. In the latter case, then you will submit a postdoctoral project.

Your CV should demonstrate your potential to pursue research at a very high international level. You are able to work independently and have a deep interest in working in an interdisciplinary and comparative fashion.

You have a masterful command of Chinese and have no difficulties working with the Chinese sources used in the period dealt with in the project. Moreover, you are fully proficient in both written and spoken English.

While knowledge of German is certainly welcome, it is not a requirement. Since German is one of the working language of the institute, we offer courses to support you in acquiring a useful proficiency of the language.

Finally, you should be able to work well in a team and are interested in closely working together within the context of the research group.

Our Offer
We offer an attractive and international work environment with an unparalleled research infrastructure and a pleasant working atmosphere. We are offering a fixed-term fulltime position (currently 39 hours per week). Payment and social benefits are based on the German Civil Service Collective Agreement (TVöD). The annual salary before tax will amount to approx. 31,180 Euro (E13 level 1, 65%). The fixed-term appointment is for three years if you are at an early stage in your doctoral studies; for those further along in their doctoral project, the appointment will be for a shorter period of time.

If you already have a doctoral degree, then we can offer you a fulltime postdoctoral position. Depending on your level of qualification, the annual salary before tax is approx. between 50,360 Euro (E13 level 1) and 73,620 Euro (E13 level 6). In this case, the postdoctoral position is limited to two years.

The Max Planck society is committed to increasing the number of individuals with disabilities in its workforce and therefore encourages applications from such qualified individuals.

The Max Planck Society strives for gender and diversity equality. We welcome applications from all backgrounds.


Application procedure
Your application should be written in either English or German and contain the following documents:
1. Letter of Motivation:
- 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 give a reference in the event we ask for one.

2. CV:
- Detailed CV
- If applicable a list of publications

3. Other Documents:
- Research proposal (two to three pages) and a research plan (with a time table)
- Copies of your degrees
- A writing sample of some 20 pages length (seminar paper, journal article, book chapter etc.) in English or German.


Contact
For more information regarding the work of the research group, please contact Dr. Lena Foljanty (foljanty@rg.mpg.de).

Questions as to the terms and conditions of employment may be directed to Ms. Rita Gommermann (jobs@rg.mpg.de).

Your compelling application must be submitted online via the link on our homepage (http://www.rg.mpg.de/job_offers) by the closing date of 31 October 2019.

Strong applicants will be invited for an interview at the MPI for European Legal History in Frankfurt. In cases where extreme distance makes this infeasible, an interview via skype is possible. The interviews will most likely take place in calendar week 46 of 2019.



19 September 2019

BOOK: Paolo AMOROSA, Rewriting the History of the Law of Nations How James Brown Scott Made Francisco de Vitoria the Founder of International Law [The History and Theory of International Law] (Oxford: Oxford University Press, 2019). ISBN 9780198849377, £80.00


(Source: OUP)

Oxford University Press has published a new book on James Brown Scott, his works, and his choice to lay the foundation of modern international law with Francisco de Vitoria.

ABOUT THE BOOK

In the interwar years, international lawyer James Brown Scott wrote a series of works on the history of his discipline. He made the case that the foundation of modern international law rested not, as most assumed, with the seventeenth-century Dutch thinker Hugo Grotius, but with sixteenth-century Spanish theologian Francisco de Vitoria. Far from being an antiquarian assertion, the Spanish origin narrative placed the inception of international law in the context of the discovery of America, rather than in the European wars of religion. The recognition of equal rights to the American natives by Vitoria was the pedigree on which Scott built a progressive international law, responsive to the rise of the United States as the leading global power and developments in international organization such as the creation of the League of Nations. 

This book describes the Spanish origin project in context, relying on Scott's biography, changes in the self-understanding of the international legal profession, as well as on larger social and political trends in US and global history. Keeping in mind Vitoria's persisting role as a key figure in the canon of international legal history, the book sheds light on the contingency of shared assumptions about the discipline and their unspoken implications. The legacy of the international law Scott developed for the American century is still with the profession today, in the shape of the normalization and de-politicization of rights language and of key concepts like equality and rule of law.

ABOUT THE AUTHOR

Paolo Amorosa, Post-Doctoral Researcher, Centre of Excellence in Law, Identity and the European Narratives, University of Helsinki

Paolo Amorosa is a Post-Doctoral Researcher at the Centre of Excellence in Law, Identity and the European Narratives at the University of Helsinki. Between 2012 and 2016 he was a fellow at the Erik Castrén Institute of International Law and Human Rights, within the Academy of Finland project 'History of International Law: Religion and Empire'. He obtained a Doctor of Laws degree from the Law Faculty of the University of Helsinki in 2018. He co-edited International Law and Religion: Historical and Contemporary Perspectives (OUP, 2017). His main research interests lie in the history of international law, human rights, and European integration.

TABLE OF CONTENTS

Introduction
Prologue: The Education of James Brown Scott, 1866-1896
Part I: The Rise and Fall of James Brown Scott and the Turn to United States history, 1898-1921
1: Explaining Scott's Turn to American History
2: International Law as Faith. The Cuban Intervention and the Narrative of 1898
3: International Law as Science. Scott's Historical Case for Adjudication and the Fight against Collective Security
Part II: Rewriting International Legal History: Vitoria and the New World, 1925-1939
4: The Spanish Origin of International Law
5: The Catholic Conception of International Law
6: Apostles of Equality: James Brown Scott and the Feminist Cause
Concluding Remarks: The Legacy of James Brown Scott and the Responsibilities of International Legal History

More info here

CONFERENCE: Two hundred years from the Code for the Kingdom of the Two Sicilies: elaboration, application and European dimension of the Bourbon codicistic model (Naples & Caserta, 4-5 October 2019)



(Source: Abebooks)

We learned of a conference in Naples and Caserta (Italy), on the theme of “Two hundred years from the Code for the Kingdom of the Two Sicilies: elaboration, application and European dimension of the Bourbon codicistic model”


A duecento anni del Codice per lo Regno delle Due Sicilie:
elaborazione, applicazione e dimensione europea del modello codicistico borbonico
Convegno Internazionale di Studi
Napoli-Caserta, 4/5 ottobre 2019

Venerdì 4 ottobre 2019 ore 15.30 - Fondazione Banco di Napoli, Via dei Tribunali 213

Indirizzi di saluto

Prima sessione: Genesi e vita

Presiede
Orazio Abbamonte
Università degli Studi della Campania "Luigi Vanvitelli"
Fondazione Banco di Napoli

Francesco Mastroberti
Università degli Studi di Bari "Aldo Moro"
L'elaborazione del Codice per lo Regno

Ileana Del Bagno
Università degli Studi di Salerno
Codice per lo Regno e insegnamento universitario. La misura delle continuità

Giacomo Pace Gravina
Università degli Studi di Messina
La terra e il codice. L'esperienza del Regno meridionale

Carlotta Latini
Università di;gli Studi di Camerino
Il sistema tripartito nel Codice per lo Regno delle Due Sicilie: crimini, delitti e
contravvenzioni e la scala penale

Interventi programmati
Francesca De Rosa, Saverio Gentile, Dario Luongo, Gaia Masiello,
Paola Mastrolia, Antonio Tisci, Stefano Vinci
Sabato 5 ottobre 2019 ore 9.30 - Scuola Nazionale delll\mministrazione, Caserta, Corso Trieste 2

Indirizzi di saluto
Seconda sessione: Destino
Presiede

Giacomo Pace Gravina
Università degli Studi di Messina

Stefano Solimano
Università Cattolica del Sacro Cuore
Il destino del Codice civile nel processo di codificazione unitario

Marco Cavina
Università degli Studi di Bologna
Articolare l'immoto. I poteri domestici nell'archetipo civilistico napoletano del 1819

Antonio Cappuccio
Università degli Studi di Messina
Un codice per la Sicilia. Tentativi di codificazione nel 1820-21

Lorenzo Sinisi
Università degli Studi "Magna Grrecia" di Catanzaro
"Nulla di più saggio, di più utile e di più importante": la legge notarile del
23 novembre 18ì"9 e la conclusione della Codificazione napoletana

Discussant

Francesco Eriberto D' Ip()olito
Università degli Studi aella Campania "Luigi Vanvitelli"

ore 11.30 pausa caffè

Terza sessione: Eredità

Presiede
Gian Savino Pene Vidari
Emerito dell'Università degli Studi di Torino

Nader Hakim
Université de Bordeaux
D'un code à l'autre. Regards français sur le Code du Royaume des Deux-Siciles

Emilia Inìesta
Universidad de Alicante
L'influenza del codice penale del Regno delle Due Sicilie del 1819 nella codificazione criminale del XIX secolo in
Spagna e in America Latina. Un viaggio di andata e ritorno

Frank L. Schaffer
Freiburg University
History of Codifica ti on as a Digitai Humanities Project

Daniela Novarese
Università degli Studi di Messina
"Che si,ponga particolare studio ... ai codici vigenti in Sicilia, nell'opera di riforma e di novella codificazione
italiana . I codici borbonici, da strumento di oppressione a preziosa eredità "siciliana" nel quinquennio 1860-1865

Giovanni Perlingieri
Università degli Studi della Campania "Luigi Vanvitelli"
Modernizzazione del diritto successorio fra legislatore e interprete

Discussant

Orazio Abbamonte
Università degli Studi della Campania "Luigi Vanvitelli"

Conclusioni

Aurelio Cernigliaro
Università deg1i Studi di Napoli "Federico II"

ore 13.30

Conferimento del Premio "Giovanni Cassandro" in Storia del Diritto Italiano per gli studi in Storia del Diritto Medievale e Moderno - X Edizione al Professor Aurelio Cernigliaro

JOURNAL SECTION: Religion & Violence (French History XXXIII (2019), No. 2)

(image source: OUP)

French History has a special section on religion and violence in its latest issue. Some articles touch on legal history:

Political Justice and the Outbreak of the Wars of Religion (Stuart Carroll)
Abstract:
This article presents new archival evidence which illuminates the dynamic of the violence in the Agenais, the ‘laboratory of religious violence.’ It shows how social networks coalesced in 1557-61 and formed into armed factions. It argues that, contrary to what is usually claimed, Protestant violence was not confined to iconoclasm, but was from its inception a highly politicized movement prepared to use force against identified enemies. The kernel of factionalism was a feud, which led to the creation of rival militias well before the outbreak of full-scale military campaigns in 1562. The violence was highly organized, not spontaneous and not inter-communal. In this respect the events in Guyenne are indicative of the political conflicts that would shape the ancien régime and even anticipate the violence that would attend its fall.

Violence by Royal Command: A Judicial ‘Moment’ (1574–1575) (Penny Roberts)
Abstract:
The Saint Bartholomew’s Day massacre remains the defining event of religious violence in sixteenth-century France. Its causes have preoccupied historians, its consequences far less so. While some contemporary observers called into question the nature of absolute royal authority, others defended its use as long as it was cautious and judicious. In the wake of the massacre, however, the opposite seemed to be true, as a series of measures were taken against leading aristocrats at court and in the provinces. These included the close surveillance and virtual imprisonment of the king’s brother and the princes of the blood, swift and exemplary justice meted out to some of their close servants, the incarceration of two marshals of France, and the judicial execution of Protestant commanders. Above all, this ‘judicial moment’ of 1574-5 suggested that the monarchy was engaged on a new and threatening track, as the agent of violence against its own nobility, fuelling further discontent. 
(read more on OUP's website)

BOOK: Carlos PETIT, Un Código civil perfecto y bien calculado. El proyecto de 1821 en la historia de la codificación [Historia del Derecho 74] (Madrid: Universidad Carlos III de Madrid, 2019), ISBN 978-84-1324-329-0 (OPEN ACESS)

(image source: Univ. Carlos III)

Book abstract:
A study of the (incomplete) draft of the Civil Code drawn up by the Cortes in 1821, within the framework of the ideas and texts of the contemporary European codification. It reconstructs the parliamentary life of the text in the Spanish Cortes and the biographies of the deputies who worked on it, in particular Nicolás Mª Garelly. The analysis of three relevant issues addressed by Garelly and his colleagues – namely the theory of legislation, the conditions affecting the legal status of individuals, their civil rights - completes the monograph, which also includes a new edition of the printed booklet (December 1821) that constitutes our sole source of knowledge.
Read the full book here.

BOOK: Peter HARRIS and Dominic DE COGAN, eds., Studies in the History of Tax Law, Volume 9 (London: Hart Publishing, 2019). ISBN 9781509924943, £136.08


(Source: Bloomsbury)

Bloomsbury has published a new co-edited volume containing the papers of the ninth Cambridge Tax Law History Conference.

ABOUT THE BOOK

These are the papers from the ninth Cambridge Tax Law History Conference, held in July 2018. In the usual manner, these papers have been selected from an oversupply of proposals for their interest and relevance, and scrutinised and edited to the highest standard for inclusion in this prestigious series.

The papers fall within five basic themes. Four papers focus on tax theory: Bentham; social contract and tax governance; Schumpeter's 'thunder of history'; and the resurgence of the benefits theory. Three involve the history of UK specific interpretational issues: management expenses; anti-avoidance jurisprudence; and identification of professionals. A further three concern specific forms of UK tax on road travel, land and capital gains. One paper considers the formation of HMRC and another explains aspects of nineteenth-century taxation by reference to Jane Austen characters. Four consider aspects of international taxation: development of EU corporate tax policy; history of Dutch tax planning; the important 1942 Canada–US tax treaty; and the 1928 UN model tax treaties on tax evasion. Also included are papers on the effects of WWI on New Zealand income tax and development of anti-tax avoidance rules in China.

More information here


18 September 2019

WORKSHOP: The Illuminated Legal Manuscript: Production, Circulation and Use in Medieval Europe (Lisbon, 20 September 2019)


(Source: Ius Illuminatum)

We learned of an International Workshop on illuminated legal manuscripts in Medieval Europe later this week in Lisbon.


The Illuminated Legal Manuscript:
Production, Circulation and Use in Medieval Europe
International Workshop of the research team IUS ILLUMINATUM

Lisbon, Friday 20th September 2019
Faculdade de Ciências Sociais e Humanas
Universidade NOVA de Lisboa
Auditorium 2 – Torre B
Avenida de Berna, 26-C – Lisbon

Organisation:
Instituto de Estudos Medievais (IEM-FCSH/NOVA)
Oficina de investigação IUS ILLUMINATUM

Scientific Coordination and Organization:
Maria Alessandra Bilotta (IEM-FCSH/NOVA – PI of the research team IUS ILLUMINATUM)

Website of IUS ILLUMINATUM: http://iusilluminata.fcsh.unl.pt

9.30 Opening Session
Maria João Branco (Director of IEM-FCSH/NOVA); Maria Alessandra Bilotta (IEM-FCSH/NOVA – PI of the research team IUS ILLUMINATUM); Catarina Tente (Assistant Vice-Dean Research Projects Management Support – IEM-FCSH/NOVA)

Chair of the sessions: Teresa D’Urso, Università della Campania “Luigi Vanvitelli”

Session 1: Italy

10.00 Nuove indagini sui manoscritti giuridici miniati a Napoli
Andrea Improta, Università degli Studi dell’Aquila

10.30 Nuove riflessioni su due manoscritti giuridici trecenteschi miniati a Bologna: le Decretali V e le Institutiones XIV della Biblioteca Capitolare di Vercelli
Gianluca del Monaco, Università di Bologna

11.00 Coffee-Break

Session 2: Spain

11.30 “Esta mi carta de previlleio rrodado. Productores y espectadores para un documento de lujo
Maria Teresa Chicote Pompanin, The Warburg Institute (School of Advanced Study, University of London) – Ángel Fuentes Ortiz, Universidad Complutense de Madrid

12.00 Manuscritos jurídicos en Salamanca durante el siglo XV. El caso del Colegio Mayor de san Bartolomé
Jorge Jiménez López, Universidad de Salamanca

12.30 Estudiar las Siete Partidas desde la História del arte
Jorge Prádanos Fernández, Universidad Complutense de Madrid

13.00 Debate

13.30 Lunch

Chair of the sessions:  João Carvalho Dias, Fundação Calouste Gulbenkian

Session 3: France

15.00 Onze années de recherche sur les manuscrits juridiques du Midi de la France : résultats, bilans et perspectives de recherches  
               Maria Alessandra Bilotta, IEM-FCSH/NOVA

15.30 Literary and Iconographic Representations of the Jouvenel des Ursins Family: A Preliminary Survey.
               André Vitoria, IEM-FCSH/NOVA - LAMOP

16.00 Coffee-Break

Session 4: Poland

16.30 Manuscrits juridiques enluminés dans les collections polonaises – état de la recherche et individuation des bibliothèques.              
Arkadiusz Adamczuk, Katolicki Uniwersytet Lubelski Jana Pawła II, Lublin


Interdisciplinary research perspectives

17.00 O estudo da heráldica nos manuscritos jurídicos iluminados: novas pistas de investigação
Maria Alessandra Bilotta, IEM-FCSH/NOVA; Miguel Metelo de Seixas, IEM-FCSH/NOVA

17.15 A documentação digital e a virtualização 3D para o estudo dos manuscritos jurídicos iluminados: novas pistas de trabalho
Maria Alessandra Bilotta, IEM-FCSH/NOVA; Rolando Volzone, DINÂMIA’CET – IUL, ISCTE

17.30 O estudo dos manuscritos jurídicos iluminados como “objetos arqueológicos”: perspetivas de investigação Maria Alessandra Bilotta, IEM-FCSH/NOVA; Catarina Tente, IEM-FCSH/NOVA

17.45 Round table coordinated by Maria João Branco (Director of IEM-FCSH/NOVA)

18.45. Final discussion and debate

19.00 Closing Remarks  


About IUS ILLUMINATUM:


IUS ILLUMINATUM is an international scientific team composed of medieval art historians belonging to different European academic institutions, all specializing in illuminated legal manuscripts. The formation of this research group is linked to the current research project “ManJurEurIt. Manuscritos Jurídicos Europeus Itinerantes” of Maria Alessandra Bilotta, researcher in the NOVA School of Social Sciences and Humanities of Lisbon and member of the Institute for Medieval Studies (IEM) at the same University, who is the coordinator and principal investigator of the team. The project “ManJurEurIt. Manuscritos Jurídicos Europeus Itinerantes” aims to investigate the circulation of legal manuscripts in Portugal and their connections to artistic and social mobility in Mediterranean Europe. The research team intends to carry on a comparative study of the artistic, cultural and social currents revealed by the production and the circulation of illuminated legal manuscripts in medieval Europe. Each of the team members proposes to investigate these phenomena through the study of specific types of legal manuscripts, within a definite region of Europe. The team will be considering also the material aspects of the medieval legal book, with the collaboration of codicologists and archaeologists, analysing such books as archaeological artifacts. Finally, another purpose of the team’s work is to help promote and amplify the discussion of our issues by organizing scientific meetings and establishing contacts and interdisciplinary collaborations with other research groups and scientific institutions. IUS ILLUMINATUM has its headquarters at the Institute for Medieval Studies (IEM) in the NOVA School of Social Sciences and Humanities of Lisbon, while the members retain their own academic affiliations.