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16 November 2018

CALL FOR PAPERS: XXVth Annual Forum of Young Legal Historians (Brussels: VUB/ULB/USL, 5-8 JUNE 2019); DEADLINE 15 JAN 2019

Identity, Citizenship and Legal History

XXVth Annual Forum of Young Legal Historians
Brussels, 5 – 8 June 2019

(image source: Wikimedia Commons)

Historically, the concept of citizenship encompassed three distinct, yet interconnected dimensions. The first and foremost dimension was of a legal nature: citizenship was a legal status which allowed one to act freely in accordance with the law and, when necessary, to claim its protection. In its second dimension citizenship presupposed one’s active participation in society’s political institutions. And last, though certainly not least, citizenship was closely linked to membership of a specific community that provided a distinct source of identity. All three dimensions were closely related to each other. This can perhaps be most aptly exemplified in the ancient boast of ‘Civis romanus sum!’, which encapsulated simultaneously a plea for legal rights, a republican sense of duty, and a distinctly Roman feeling of the imperial pride. Since the nineteenth century, these dimensions have been linked predominantly to the modern nation-state, a model which is nowadays increasingly challenged on the internal as well as the external level. Internally, many states are seen to be struggling with federalism, separatist movements, legacies of colonialism and right-wing identity politics. Externally, today’s governments are confronted with issues, such as climate change, demographic shifts, migration streams and a global and interdependent economic system, that require international cooperation or even supranational institutions.

The XXVth Annual Forum of the Young Legal Historians aims to shed light on these questions by looking at the legal history of the closely intertwined concepts of citizenship and legal history. Throughout history, citizenship and identity has been defined in different ways and at different levels. For instance, in antiquity the often smallish Greek poleis could hardly be compared to the expansive Roman Empire. Medieval life in Europe consisted of a feudal patchwork of kingdoms, principalities and free city-states, yet all were considered part of Christendom. Identity could also be determined by social class (e.g. aristocratic families) or by profession (e.g. the guilds). The nineteenth century saw the rise of nationalism and revolution, whilst at the same time European powers expanded their colonial empires. Despite these evolutions, it cannot be denied that there is also much continuity to be found. Although diversity and globalisation have reached an unprecedented scale and form today, these phenomena are not entirely new. Each era has had its international relations, its trades, wars, economic discrepancies, migrants and refugees.

There is, in short, enough reason to expect that we can learn from history. Such an endeavour necessitates a multidisciplinary approach since legal constructions can be fully appreciated only when combined with insights from the related fields of history, philosophy, political science and sociology. Therefore, the organizers welcome both traditional approaches in legal history and methodologically innovative research.

If you would like to present a paper during the conference, please send an application including an abstract of not more than 250 words and your CV to aylh2019@gmail.com before 15 January 2019. It is also possible to apply for a full panel. In that case, your proposal should also include, in addition to individual paper proposals, an abstract introducing the theme of the panel. Presentations have to be in English and should not exceed 20 minutes each. The conference fee will be € 100,- and does not include accommodation. Further information about the upcoming forum can be found at the website of the conference. Information about the Association of Young Legal Historians and the past Annual Forums is available at the AYLH-website.

We look forward to welcoming you to Brussels.

Wouter De Rycke (Vrije Universiteit Brussel, CORE)
Marco in ’t Veld (Vrije Universiteit Brussel, CORE)
Maxime Jottrand (Université libre de Bruxelles, CHDAJ)
Romain Landmeters (Université Saint-Louis Bruxelles, CRHiDI)
Stephanie Plasschaert (Vrije Universiteit Brussel, CORE)
This conference received the generous support of the Committee for Legal History of the Royal Flemish Academy of Belgium for Science and the Arts.





VIRTUAL EXHIBITION: Des facultés sur le front du droit: Paris et Toulouse dans la Grande Guerre (Paris: Bibliothèque Cujas, 2018)

(image source: Bibliothèque Cujas)

Exhibition abstract:
La réflexion sur la Première Guerre mondiale a emprunté diverses voies historiographiques. Ce conflit a été perçu depuis cent ans de manière militaire, diplomatique puis dans sa dimension sociale et culturelle. Il a été donné à voir, notamment par la restitution de nombreux témoignages, le quotidien des acteurs de la guerre, sur le front, dans les tranchées et à l’arrière. C’est à certains des acteurs, étudiants et professeurs de facultés de droit, que cette exposition virtuelle s’intéresse.
Traiter de l’histoire des facultés de droit de Paris et de Toulouse pendant le premier conflit mondial, c’est faire le choix de considérer ces institutions comme imbriquée dans un temps social, économique, intellectuel et politique mais également traiter d’histoires du droit diverses et complémentaires de ce premier quart du xxe siècle. Ce temps doit aussi être éclairé à la lumière des évolutions de la science du droit, notamment des réflexions intellectuelles liées à la guerre, d’une communauté particulière, celle d’enseignants parisiens et toulousains, tant comme un entre-soi que de juristes en réseaux et en relation en Europe.
« Capitale du droit » (Paris) et Faculté de province (Toulouse) prennent position sur le « front du droit ». C’est à saisir et comprendre la Grande Guerre à travers des juristes, leurs actions, leurs discours et leurs idées au sein des deux institutions considérées séparément ou comparativement que cette exposition virtuelle entend apporter quelques lumières nouvelles. Elle n’est pas à proprement dit une histoire des facultés de droit pendant la Première Guerre mondiale. Elle n’est pas non plus une histoire sociale des étudiants et des enseignants. Par le prisme de certaines thématiques fortes, elle souhaite davantage interroger le quotidien d’acteurs qui forment ou qui ont été formés au sein d’une institution, les possibles tensions entre position scientifique et discours patriotique, la mobilisation dans la guerre du droit et l’engagement pour la construction de la paix, l’affirmation d’un discours par le vecteur d’une autorité décanale et l’expression rhétorique de conceptions du droit ou encore de la fabrique d’une mémoire institutionnelle.
Ce site est une exposition virtuelle. L’internaute y trouve, au centre de la page d’accueil, et dans les onglets du haut, un accès aux différents articles, réunis par thèmes. Sur la droite, une série de galeries : avec toujours un renvoi vers les textes précédemment évoqués, elles présentent les documents, iconographiques ou textuels, qui illustrent, complètent et fondent ces analyses. Un ordre, qui a semblé logique aux créateurs de l’exposition, est proposé. Libre à l’internaute de le suivre ou non.
Visit the exibition here.

JOURNAL: Leiden Journal of International Law XXXI (2018), Issue 4 [Symposium on the 'Trajectories of International Legal Histories]

(image source: Cambridge Core)

International Legal Theory:
  • Martin Clark, 'Ambivalence, anxieties / Adaptations, advances: Conceptual History and International Law'
  • Roger Merino, 'Reimagining the Nation-State: Indigenous Peoples and the Making of Plurinationalism in Latin America'
  • Ming-Sung Kuo, 'Select Resolving the Question of Inter-Scalar Legitimacy into Law? A Hard Look at Proportionality Balancing in Global Governance Resolving the Question of Inter-Scalar Legitimacy into Law? A Hard Look at Proportionality Balancing in Global Governance'
Symposium on the 'Trajectories of International Legal Histories':
  • Gerry Simpson, 'Introduction to Symposium on the Trajectories of International Legal Histories: Doing Things Differently There Introduction to Symposium on the Trajectories of International Legal Histories: Doing Things Differently There'
  • Felix Lange, 'Select Challenging the Paris Peace Treaties, State Sovereignty, and Western-Dominated International Law – The Multifaceted Genesis of the Jus Cogens Doctrine Challenging the Paris Peace Treaties, State Sovereignty, and Western-Dominated International Law – The Multifaceted Genesis of the Jus Cogens Doctrine'
  • Guy Fiti Sinclair, 'Towards a Postcolonial Genealogy of International Organizations Law'
  • Julia Dehm, 'Select Highlighting inequalities in the histories of human rights: Contestations over justice, needs and rights in the 1970s Highlighting inequalities in the histories of human rights: Contestations over justice, needs and rights in the 1970s'
  • Jakob Zollmann, 'Select African International Legal Histories – International Law in Africa: Perspectives and Possibilities African International Legal Histories – International Law in Africa: Perspectives and Possibilities'
More articles and book reviews on Cambridge Core.

(source: ESILHIL Blog)

15 November 2018

BOOK: Eric LOMAZOFF, Reconstructing the National Bank Controversy : Politics and Law in the Early American Republic (Chicago: University of Chicago Press, 2018). ISBN 9780226579450, $30.00



The University of Chicago Press has published a new book on the constitutional politics of national banking in the US between 1791 and 1832.

ABOUT THE BOOK

The Bank of the United States sparked several rounds of intense debate over the meaning of the Constitution’s Necessary and Proper Clause, which authorizes the federal government to make laws that are “necessary” for exercising its other powers. Our standard account of the national bank controversy, however, is incomplete. The controversy was much more dynamic than a two-sided debate over a single constitutional provision and was shaped as much by politics as by law.

With Reconstructing the National Bank Controversy, Eric Lomazoff offers a far more robust account of the constitutional politics of national banking between 1791 and 1832. During that time, three forces—changes within the Bank itself, growing tension over federal power within the Republican coalition, and the endurance of monetary turmoil beyond the War of 1812 —drove the development of our first major debate over the scope of federal power at least as much as the formal dimensions of the Constitution or the absence of a shared legal definition for the word “necessary.” These three forces—sometimes alone, sometimes in combination—repeatedly reshaped the terms on which the Bank’s constitutionality was contested. Lomazoff documents how these three dimensions of the polity changed over time and traces the manner in which they periodically led federal officials to adjust their claims about the Bank’s constitutionality. This includes the emergence of the Coinage Clause—which gives Congress power to “coin money, regulate the value thereof”—as a novel justification for the institution. He concludes the book by explaining why a more robust account of the national bank controversy can help us understand the constitutional basis for modern American monetary politics.

ABOUT THE AUTHOR

Eric Lomazoff is assistant professor of political science at Villanova University.

TABLE OF CONTENTS

Acknowledgments
Introduction: Getting the Ship out of the Bottle
1. Varieties of Strict Interpretation
2. “Banco Mania” and Institutional Drift
3. “The Great Regulating Wheel” and Institutional Conversion
4. More Than a Constitutional Rerun
5. The Compromise of 1816
6. McCulloch (1819) in the Shadow of the Compromise
7. A Tale of Two Clauses
Conclusion: A Revisionist Bank Narrative—Lessons Timely and Timeless
Notes
Bibliography
Index

More information here

14 November 2018

CALL FOR PAPERS: MPI for European Legal History - 6th Colloquium on Crime and Criminal Justice in Early Modern and Modern Times, 23-25 September 2019 (DEADLINE: 1 May 2019)



The Max Planck Institute for European Legal History launched a call for papers for its 6th Colloquium on Crime and Criminal Justice in Early Modern and Modern Times. Here the call:

The 6th colloquium focuses on elites in a political, economic, social or cultural context, their role in the administration of justice and the legal system as well as specific forms of deviance and delinquency of such groups.

While recent studies have addressed violent crime of elites (e.g. feuds and duels) or the involvement of elites in white-collar crimes, the conference aims to also address further potential fields of research in order to gain comparative perspectives on the role and function of elites in the history of crime and criminal justice.

Please send a one-page abstract (max 300 words, German or English) with the title of the presentation and a brief summary of the content along with a short CV (one page) in one PDF file. In the case of panel proposals please send an abstract of the panel topic (max 200 words) together with abstracts of the individual presentations (max 300 words) and the corresponding short CVs in one PDF file as well. The presentations should not exceed 20 minutes and can be given in German or English.

The deadline for proposals is 1st May 2019.

For further information, please see Call 2019.

More information here

BOOK: Shiferaw BEKELE, Uoldelul Chelati DIRAR, Alessandro VOLTERRA & Massimo ZACCARIA (eds.), The First World War from Tripoli to Addis Ababa (1911-1924) [Corne de l'Afrique contemporaine/Contemporary Horn of Africa, vol. 6] (Addis Abeba: Centre français des études éthiopiennes, 2018), ISBN 9791036523786

(image source: openedition)

Book abstract:
For a long time now it has been common understanding that Africa played only a marginal role in the First World War. Its reduced theatre of operations appeared irrelevant to the strategic balance of the major powers. This volume is a contribution to the growing body of historical literature that explores the global and social history of the First World War. It questions the supposedly marginal role of Africa during the Great War with a special focus on Northeast Africa. In fact, between 1911 and 1924 a series of influential political and social upheavals took place in the vast expanse between Tripoli and Addis Ababa. The First World War was to profoundly change the local balance of power. This volume consists of fifteen chapters divided into three sections. The essays examine the social, political and operational course of the war and assess its consequences in a region straddling Africa and the Middle East. The relationship between local events and global processes is explored, together with the regional protagonists and their agency. Contrary to the myth still prevailing, the First World War did have both immediate and long-term effects on the region. This book highlights some of the significant aspects associated with it.
Table of contents:

  •  Introduction (Shiferaw Bekele, Uoldelul Chelati Dirar, Alessandro Volterra & Massimo Zaccaria)

    International and Regional Politics/Developments
  • Great War Intrigues in the Horn of Africa (Patrick Gilkes & Martin Plaut)
  • WWI in the Middle East and Africa: Nationalist Movements in a Formative Age (Haggai Erlich)
  • Aftershocks of the First World War in the Nile Valley (Anne-Claire de Gayffier-Bonneville)
  • Transnationalism from Below after the First World War: The Case of the 1924 Revolution in Anglo-Egyptian Sudan (Elena Vezzadini)
  • Ethiopia, International Law and the First World War. Considerations of Neutrality and Foreign Policy by the European Powers, 1840-1919 (Jakob Zollmann)

    Colonial Policies
  • Why did the Italians go to Libya? (Andrea Ungari)
  • Askaris and the Great War. Colonial Troops Recruited in Libya for the War but Never Sent to the Austrian Front (Alessandro Volterra)
  • Feeding the War: Canned Meat Production in the Horn of Africa and the Italian Front (Massimo Zaccaria)
  • The First World War Seen from Djibouti: Controlling, Recruiting, Enlisting (Laurent Jolly)
  • Living the War Far Away from the Front: Creating Territories around Djibouti (Simon Imbert-Vier)

    Local Agencies and the War
  • Claiming Islamic Authenticity. The Ḫatmīya Sufi order confronting WWI (Silvia Bruzzi)
  • “Our delight is for the amir of the English”: a Bornoan history of the First World War (North-Eastern Nigeria) (Rémi Dexière & Vincent Hiribarren)
  • World War I and the Perspective of a Hashemite Order in Yemen. Study of the Chronicle of Ismā‛īl b. Muḥammad al-Washalī (Juliette Honvault)
  • Writing WWI with African Gazes. The Great War Through the Writing of Tigrinya Speaking Expatriates (Uoldelul Chelati Dirar)
  • The Italian community of Tunisia: From Libyan Colonial Ambitions to the First World War (Gabriele Montalbano)
The book is available in open access (HTML-version). The PDF and print versions are dependent on library subscriptions to the openedition-platform.

More information here.

(source: ESILHIL-blog)

13 November 2018

SUMMER SCHOOL: Max Planck Summer Academy for Legal History, 5-16 August 2019 (DEADLINE: 31 January 2019)



The Max Planck Institute for European Legal History launched a call for applications for its annual summer school PhD candidates.

Since 2014, the Institute has organised the annual Max Planck Summer Academy for Legal History. Its aim is to provide roughly 20 early-stage researchers, usually PhD students, from all over the world with an in-depth introduction to basic approaches and methods of research in legal history.

The Summer Academy is intended to develop the ability of its participants to transfer legal terminologies and theories across linguistic and cultural contexts, thus providing a basis to build and consolidate international research networks.

It addresses highly motivated early-stage researchers, usually PhD candidates, with an interest in the basic research of historical formation and transformations of law and other normative orders.
The Summer Academy consists of two parts. The first part provides an introduction to the study of sources, methodological principles, as well as theoretical models and controversial research debates on basic research fields of legal history. In the second part, the participants discuss the special research theme and develop their own approach to the topic.

The next course takes place from 5 August 2019 - 16 August 2019 at the Max Planck Institute for European Legal History in Frankfurt am Main, Germany.

Curriculum

Researchers and fellows of the Institute alongside invited guest speakers give introductions to the manifold facets, sources, theoretical foundations, research perspectives and methodologies of the different subfields of Legal History.

  • Antiquity and Roman Law
  • Ius Commune - Legists
  • Ius Commune - Canonists
  • History of Private Law
  • History of Common Law
  • History of Criminal Law
  • Constitutional History
  • Legal History of Ibero-America
  • Legal Transfer in the Common Law World
  • Contemporary Legal History
  • History of International Law
  • History of European Union Law
  • Legal Theory
As a summer academy should not consist of academic activities only, a variety of extra-curricular activities, such as visits to nearby historical sites and several get-togethers in the evenings are offered.

This years's theme: Law in Texts and Contexts

Written texts represent the largest part of the sources of legal history. Obviously, they cannot be understood without their respective historical contexts. In recent decades, however, there has been a growing awareness that they must also be read with specific attention to their mediality and their interrelation with visual and oral sources as well as objects and artifacts. Historians, but also legal theorist, are reflecting more intensively about textuality and normativity, and digital humanities seem to hold great opportunities for legal historical research. What do this developments mean for legal historical research, and its specific task?

Applicants to the 2019 Summer Academy are encouraged to present research projects that give special consideration to the connection between normativity and textuality.

Date

5 August -16 August 2019

Deadline

Applications are to be sent by 31 January 2019.

Eligilibity Requirements

  • Early-stage graduates, usually PhD candidates
  • Working knowledge of English is required; German is not a prerequisite
Application

Required documents for the application are a CV, a project summary (approx. 10 pages) and a letter of motivation.

Fees

There is no participation fee. Accommodation will be provided by the organisers. Participants, however, will be responsible for covering their travel expenses. There will be a limited number of scholarships available.

More information here

12 November 2018

CALL FOR PAPERS: Fourth Illinois-Bologna conference on Constitutional History: Comparative Perspectives, Chicago 29-30 April 2019 (DEADLINE: 15 December 2018)


Via the Legalscholarshipblog, we learned of a CFP for the 4th Illinois-Bologna conference on Constitutional History. Here the call:

Paper proposals are invited for the Fourth Illinois-Bologna conference on Constitutional History: Comparative Perspectives. The conference will be held in Chicago on April 29 & 30, 2019. The conference is sponsored by University of Illinois College of LawUniversity of Bologna School of Law, and Johns Hopkins Center for Constitutional Studies and Democratic Development.

The full call can be found here. Proposals are due by December 15, 2018.


BOOK: William A. SCHABAS, The Trial of the Kaiser (Oxford University Press, 2018). ISBN 9780198833857, $34.95


(Source: OUP)

Oxford University Press is publishing a book on the failed attempts to bring Kaiser Wilhelm II to justice in the aftermath of World War I.

ABOUT THE BOOK

In the immediate aftermath of the armistice that ended the First World War, the Allied nations of Britain, France, and Italy agreed to put the fallen German Emperor Kaiser Wilhelm II on trial, in what would be the first ever international criminal tribunal. In Britain, Lloyd George campaigned for re-election on the slogan 'hang the Kaiser', but the Italians had only lukewarm support for a trial, and there was outright resistance from the United States. 

During the Peace Conference, international lawyers gathered for the first time to debate international criminal justice. They recommended trial of the Kaiser by an international tribunal for war crimes, and the Americans relented, agreeing to a trial for a 'supreme offence against international morality'. However, the Kaiser had fled to the Netherlands where he obtained asylum, and though the Allies threatened a range of measures if the former Emperor was not surrendered, the Dutch refused and the demands were dropped in March 1920.

This book, from renowned legal scholar William A. Schabas, sheds light on perhaps the most important international trial that never was. Schabas draws on numerous primary sources hitherto unexamined in published work, including transcripts which vividly illuminate this period of international law making. As such, he has written a book which constitutes a history of the very beginnings of international criminal justice, a history which has never before been fully told.

AUTHOR INFORMATION

William A. SchabasProfessor of International Law, Middlesex University in London

William A. Schabas is professor of international law at Middlesex University in London. He is also professor of international human law and human rights at Leiden University, distinguished visiting faculty at Sciences Po in Paris, and honorary chairman of the Irish Centre for Human Rights. Professor Schabas holds BA and MA degrees in history from the University of Toronto and LLB, LLM and LLD degrees from the University of Montreal, as well as several honorary doctorates. He is the author of more than twenty books in the fields of human rights and international criminal law. Professor Schabas drafted the 2010 and 2015 United Nations quinquennial reports on the death penalty. He was a member of the Sierra Leone Truth and Reconciliation Commission. Professor Schabas is an Officer of the Order of Canada and a member of the Royal Irish Academy since 2007.

TABLE OF CONTENTS

1. The Power of the Beaten Path
2. 'Hang the Kaiser'
3. Kaiserdammerung
4. Making the Case in International Law
5. Britain, France, and Italy Agree to Try the Kaiser
6. The Dutch are Divided
7. Aborted Kidnap
8. The Commission on Responsibilities
9. Prosecuting Crimes Against Peace
10. International Law and War Crimes
11. An International Criminal Court
12. The Council of Virgins
13. Finalising the Treaty of Versailles
14. Implementing Article 227
15. Readying the Case for Trial
16. The Kaiser in Limbo
17. Demand for Surrender
18. Was he Guilty?

More information here

09 November 2018

YOUTUBE: Inaugural Lecture by Paul J. DuPlessis (Edinburgh), "Reflections on the Future Past" (OCT 2018)



Lecture abstract:
As one of the most sophisticated legal cultures of the ancient Mediterranean, Roman law has been an enduring source of intellectual influence upon legal scholars across the ages. Much like the art, architecture, literature, and languages of the Greco-Roman world, the Romans and their culture feel strangely familiar even in 2018. This sense of familiarity is not the product of historical chance. It forms part of an evolving narrative concerning the medieval origins of law teaching in the universities of Northern Italy during the eleventh century. Since then, as the cornerstone of legal education for more than a millennium, the study of Roman law has fulfilled many different functions, whether as a component of the medieval European ius commune, the foundations of natural law in the early-modern period or a repository of positivist rules in the late nineteenth century. Moreover, although one might expect such a narrative to be thoroughly researched and utterly stable after such a length of time, the past changes frequently as discoveries come to light, and as new interpretations of the significance of historical events are put forward. Much work remains to be done, therefore, on the broader historical narrative, the ideologies as well as the societal forces (economic, social, political and otherwise), that drove the adoption or rejection of particular Roman legal rules in the past. But the study of Roman law is not merely an exercise in legal archaeology. Although the events of the twentieth century have affected the relationship between Roman law and modern law, history did not end with codification, and Roman law continues to exert a powerful influence on contemporary legal development. This lecture aims to assess the scope and function of this influence against the backdrop of contemporary debates about the nature of Scots law and the role of history in the development of law more generally.

CALL FOR PAPERS: 2019 John Locke Conference, Helsinki 29-31 July 2019 (DEADLINE: December 31, 2018)



We learned of a Call for Papers for the 2019 John Locke Conference at the University of Helsinki.

2019 John Locke Conference, University of Helsinki, July 2019

THE 2019 JOHN LOCKE CONFERENCE

University of Helsinki, Finland
July 29-31, 2019

DEAD­LINE: DECEM­BER 31, 2018

The aim of the second official conference of the John Locke Society (JLS) is to foster interactions among Locke scholars from different disciplines and encourage the development of new scholarship on Locke’s works. Abstracts (of no more than 750 words) on any topic pertaining to Locke are due by DECEMBER 31, 2018 and can be sent to johnlockeconference2019@gmail.com. Final papers should be no longer than 5000 words. The full program will be made available in February 2019. Further information regarding the conference, accommodation options, and other practical matters will be available at that time.

Or­gan­iz­ing com­mit­tee:

Vili Lähteenmäki (University of Helsinki)
Douglas Casson (St. Olaf College)
Antonia Lolordo (University of Virginia)
Shelley Weinberg (University of Illinois at Urbana-Champaign)

More information here

BOOK: Jaakko HUSA, Advanced Introduction to Law and Globalisation [Elgar Advanced Introductions series] (Cheltenham; E. Elgar, 2018), 192 p. ISBN 9781788974158, 12,76 GBP


(Image source: Elgar)

Book abstract:
This Advanced Introduction offers a fresh critical analysis of various dimensions of law and globalisation, drawing on historical, normative, theoretical, and linguistic methodologies. Its comprehensive and multidisciplinary approach spans the fields of global legal pluralism, comparative legal studies, and international law.
Contents:
Preface PART I FOUNDATIONS
1. Defining law and globalisation
2. Globalisations in time
PART II LEGAL GLOBALISATIONS
3. Comparative law and global law
4. Globalising legalities
PART III THEORY AND METHODOLOGY
5. Theorising globally
6. Methodological views
PART IV EDUCATION AND LANGUAGE
7. Educating lawyers
8. Language of law and legal globalisation
9. Conclusion Index 
More information with the publisher.

08 November 2018

JOURNAL: Revue historique de droit français et étranger 2018/2

(image source: IHD)

The Revue historique de droit français et étranger published its second issue of 2018.

Table of contents:
Axel Degoy, "Lumineux Moyen Âge. Les avocats au parlement de Paris et la légalité pénale à l’époque de Charles VI et d’Henri VI de Lancastre (1380-1436)"
Rafel Ramis-Barcelo, "El concepto de sapientia civilis en el siglo XVI"
Nicole Dyonet, " Delamare : du paradigme au concept de police"
Jean-Paul Andrieux, " Les couleurs du droit (I/II). Note de lecture"
Comptes-rendus de lecture
Full table of contents here.
 

BOOK: Matt DYSON & Benjamin VOGEL, The Limits of Criminal Law. Anglo-German Concepts and Principles (Cambridge/Antwerp: Intersentia, 2018), XXXII + 598 p. ISBN 9781780686615, € 99

(image source: Intersentia)

Book abstract:
The Limits of Criminal Law shines light from the outer edges of the criminal law in to better understand its core. From a framework of core principles, different borders are explored to test out where criminal law’s normative or performative limits are, in particular, the borders of crime with tort, non-criminal enforcement, medical law, business regulation, administrative sanctions, counter-terrorism and intelligence law. The volume carefully juxtaposes and compares English and German law on each of these borders, drawing out underlying concepts and key comparative lessons. Each country offers insights beyond their own laws. This double perspective sharpens readers’ critical understanding of the criminal law, and at the same time produces insights that go beyond the perspective of one legal tradition. The book does not promote a single normative view of the limits of criminal law, but builds a detailed picture of the limits that exist now and why they exist now. This evidence-led approach is particularly important in an ever more interconnected world in which different perceptions of criminal law can lead to profound misunderstandings between countries. The Limits of Criminal Law builds picture of what shapes the criminal law, where those limits come from, and what might motivate legal systems to strain, ignore or strengthen those limits. Some of the most interesting insights come out of the comparison between German systematic approach and doctrinal limits with English law’s focus on process and judgment on individual questions.
On the authors:
Matthew Dyson is an Associate Professor in the Faculty of Law, University of Oxford. He is an associate member of 6KBW College Hill Chambers, a Research Fellow of the Utrecht Centre for Accountability and Liability Law and Vice President of the European Society for Comparative Legal History. Benjamin Vogel is Senior Research Fellow at the Max Planck Institute for Foreign and International Criminal Law in Freiburg, Germany. He is Assistant Editor of the Foreign Review of the Zeitschrift für die gesamte Straf-rechtswissenschaft. 
A free preview of the table of contents and preliminary pages is accessible here.

More information with the publisher.

BOOK: Christine HAYES, Our Friends the Enemies. The Occupation of France after Napoleon (Cambridge (Mass.): Harvard UP, 2018), 416 p. ISBN 9780674972315, € 36

(image source: HUP)

Book abstract:
The Napoleonic wars did not end with Waterloo. That famous battle was just the beginning of a long, complex transition to peace. After a massive invasion of France by more than a million soldiers from across Europe, the Allied powers insisted on a long-term occupation of the country to guarantee that the defeated nation rebuild itself and pay substantial reparations to its conquerors. Our Friends the Enemies provides the first comprehensive history of the post-Napoleonic occupation of France and its innovative approach to peacemaking. From 1815 to 1818, a multinational force of 150,000 men under the command of the Duke of Wellington occupied northeastern France. From military, political, and cultural perspectives, Christine Haynes reconstructs the experience of the occupiers and the occupied in Paris and across the French countryside. The occupation involved some violence, but it also promoted considerable exchange and reconciliation between the French and their former enemies. By forcing the restored monarchy to undertake reforms to meet its financial obligations, this early peacekeeping operation played a pivotal role in the economic and political reconstruction of France after twenty-five years of revolution and war. Transforming former European enemies into allies, the mission established Paris as a cosmopolitan capital and foreshadowed efforts at postwar reconstruction in the twentieth century.
 On the author:
Christine Haynes is Associate Professor of History, University of North Carolina at Charlotte
Table of contents here.

(more information at Harvard UP)
(source: ESILHIL Blog)

BOOKS IN OPEN ACCESS: Book Series "Etudes et rencontres", Ecole Nationale des Chartes (Paris) on openedition.org

(image source: openedition)

The Ecole Nationale des Chartes publishes its book series Etudes et rencontres on openedition.org. The text can be read for free in html. PDF-versions are accessible after paying a (modest) sum.

An example of this is the volume Une histoire de la mémoire judiciaire (edited by Olivier Poncet; DOI 10.4000/books.enc.1556).

Book abstract:
Si dans la mythologie grecque Clio est bien fille de Mémoire, une histoire de la mémoire judiciaire procède, à l’inverse, de la mémoire à son histoire, de l’Antiquité à nos jours. Associant archivistes, historiens, historiens du droit et juristes, ce volume met l’accent sur les questions d’enregistrement et de mémoire directement induites par l’activité des juges et des tribunaux. De l’écriture aux hommes qui tiennent la plume, de la production des actes aux lieux et aux aléas de leur conservation, de la mémoire judiciaire à ses usages ou à son utilité, trois points de vue convergents sont ainsi privilégiés pour explorer une question aux fortes implications contemporaines : la mise par écrit des actes de la vie judiciaire, la conservation pour « mémoire » des actes, enfin l’exploitation de cette mémoire institutionnelle pour l’écriture de l’histoire et l’apparition éventuelle d’autres formes, parallèles ou concurrentes, de mémoire de la vie judiciaire.
More information here.

(source: RBMLF)

BOOK REVIEW: Michael GEYER (Chicago) reviews Jennifer PITTS, Boundaries of the International (H-Net)



Michael Geyer (Chicago) reviewed Jennifer Pitt's Boundaries of the International, announced earlier on this blog.

First paragraph:
It is a categorical error to conceive of the global society of nations as a European system of states writ large. The world is not Europe; it never has been and never will be. Neither does the world follow Europe’s model; not even Europe follows its own purported model. Jennifer Pitts’s remarkable study, The Boundaries of the International, calls this categorical fallacy “parochial universalism” and demonstrates that it has deep roots in European thought.[1]
Read further here.

BOOK: Augusto ZIMMERMANN, Christian Foundations of the Common Law, Volume 3: Australia (Brisbane: Connor Court Publishing, 2018). ISBN 9781925826159, $29.95


(Source: Pellowe Talk)

Connor Court Publishing has just published the 3rd volume of a 3 volume-work by Professor Augusto Zimmermann on Christian Foundations of the Common Law. Volume I (on England) can be found here, Volume II (on the United States) can be found here. The current volume deals with Australia.

APPRAISAL

“In his latest tome, ‘Christian Foundations of the Common Law’, Dr Augusto Zimmermann rediscovers the Christian roots of the English, American and Australian legal systems. With scholarly acuity, this work skilfully uncovers how great thinkers in Western Civilization understood the cultural importance of these self-evident truths to society and good governance under the rule of law. At a time when perhaps we need it most, Zimmermann shows how Christian ideas like ‘natural law’, ‘natural rights’ and ‘natural justice’, contributed to the development of the common law. In doing so, Dr Zimmermann’s work convincingly confirms for us that ideas informed by the Bible influenced in important ways the development of the Common Law, and indeed, the preservation of freedom and justice. Woven through the very readable chapters of this book is a profound understanding of an ancient sacred premise: God revealed moral absolutes in His Word, and placed these truths on the human heart”.–William Wagner, Distinguished Professor Emeritus of Law, Western Michigan University, U.S.A., Former U.S. Federal Judge & U.S. Diplomat, President, Salt & Light Global

“Professor Zimmermann’s book is striking in its depth and breadth.  Not since Harold Berman’s volumes on Law and Revolution has such a mammoth task been undertaken.  Berman’s positive influence is clear in the way Zimmermann systematically and incontrovertibly demonstrates the Christian roots of the common law in Australia, England and the US.  Yet Zimmermann goes further than Berman in at least two respects.  First, he delves deeply into three particular jurisdictions and focuses on influential political figures in an enlightening way.  Second, Zimmermann skilfully takes into account recent developments in Western politics and culture and a broad range of contemporary scholarship in theology, legal theory and history, philosophy and constitutional law.  This book is therefore informative for scholars and laity alike, and essential reading for a legal community which seems content to drift ever further from its Christian origins.  I highly recommend it.” — Dr Alex Deagon FHEA, Senior Lecturer in Law, Queensland University of Technology, Author of ‘From Violence to Peace: Theology, Law and Community’

“Professor Augusto Zimmermann has produced an extremely helpful book in which he carefully demonstrates the indissociable Christian origins of the common law. This is a most timely publication, particularly in the context of contemporary discourse that attempts to relativise religious influence. Professor Zimmermann traces how many of our current freedoms within a broad, plural, public square can be attributed to a rich seam of Christian philosophical influence that has evidently infused the development of the common law in different jurisdictions. In my view, this is essential reading for students and scholars alike who seek a fuller appreciation as to the origins of the common law.” — Simon McCrossan LL.M, Barrister, UK, Head of Public Policy, Evangelical Alliance UK

“If we forget our history we are destined to repeat mistakes of the past. If we are not truthful about our history we cannot understand our present. It is popular today to attempt to whitewash the positive influence of religion not only from the present but also from the past. The idea that law is morally neutral and that religion generally and Christianity, in particular, is a force of evil and not good has become popular in Australia’s mainstream press and embraced by politicians and academics. In this excellent book, Dr Zimmermann carefully lays out for the reader an easily digestible and highly readable account of the Christian roots of the common law in England, the United States and Australia. His book is a very valuable addition to Australian works on legal history and will assist not only lawyers and law students but all interested readers to better understand why our legal system is as it is. The work also provides an understanding of the dangers of forgetting the common laws roots in Christianity and in particular in the use of reason grounded in faith. It demands publication”. — Michael Quinlan, Dean & Professor of Law, The University of Notre Dame Australia, (Sydney)

“I very much enjoyed reading this book by Dr Augusto Zimmermann. I think the book has the great potential to have a timeless impact and its historical overview of the Christian foundations of the common law and the laws of the U.S. and Australia is thorough, important and timely. In sum, this is an excellent and timely work, for which I deeply commend its author”. — Michael V. Hernandez, Dean & Professor of Law, Regent University School of Law, U.S.A.

“Awareness of history is the most serious casualty of our age. If it is taught at all, it is too often restricted to topical issues and current events in isolation from their larger context. In the legal profession, for example, few practitioners fully appreciate the huge dependence of the Common Law on Christian principles; Christian moral theology and philosophy lie at the very heart of western jurisprudence.  Professor Zimmermann’s wonderful book outlines these connections, confidently ranging over an enormous and ambitious body of material and setting them out with lucidity and grace.  Such a book is a treasure, much needed and long overdue”. — David Daintree AM, Director, The Christopher Dawson Centre for Cultural Studies (Tasmania), Author of ‘Soul of the West: Christianity and the Great Tradition’

“This is an eminently readable book which should be read by law students, legal academics, practising lawyers and the judiciary. I also recommend the book to those who, although they may not have been trained in the rigorous discussion of legal and moral issues, are nevertheless interested in understanding the legal, philosophical and Christian roots of our legal system. Hence, it is with pleasure that I recommend this book to the widest possible readership. This book is erudite, informative, well-written and researched and most importantly, it is a timely reminder of the Christian heritage of the Common Law that has served us so well for many centuries”. — Gabriël A. Moens, Emeritus Professor of Law, The University of Queensland, Former Pro-Vice-Chancellor and Law Dean, Murdoch University

“Attempts to limit the scope of public discourse to the strictly secular are pushing Christianity and its conception of the “good life” to the margins of society. At a time when religious belief is increasingly cast as a matter of private opinion that can have no bearing on the shaping of policy, Augusto Zimmermann issues a timely reminder that one of our foundational institutions – the Common Law – is deeply rooted in Christianity. This important book is both a scholarly account of those roots and a warning of the threats the Common Law tradition will face if Western civilisation slips its Christian moorings”. — Peter Kurti, Research Fellow, Religion and Civil Society Program, The Centre for Independent Studies (Sydney)

“In an age of cynicism, apathy and despair Professor Zimmermann’s book comes as a fresh and timely reminder to not neglect the legal and parliamentary Christian foundations of our nation. With well researched material, this book documents how the history of Common Law is intrinsically intertwined with the Christian faith. It is a very enlightening, inspiring and encouraging contribution, documenting this important aspect of Australia’s Christian heritage. Every Australian needs to read it to appreciate our heritage of freedom, which one hundred thousand Australians sacrificed their lives to defend in two world wars”. — Dr Graham McLennan, Chairman, National Alliance of Christian Leaders (NACL), Joint Founder, Christian History Research website (www.chr.org.au)

“From the perspective of a practitioner whose daily routine is arguing in court, Augusto Zimmermann’s Christian Foundations of the Common Law, with its encyclopaedic English, American and Australian perspective, is an elegant commentary on the relation between the law and ideas, both theological and philosophical. The part devoted to the United States is particularly significant for the rest of the common law world whose law is so much influenced by that country. This is a must read book for anyone who wishes to understand where we are and where we came from.” — Michael McAuley, President, St Thomas More Society (Australia), Barrister, Selborne Chambers (Sydney)

“We are indebted to Augusto Zimmermann for his magnificent account of the role played by Christian philosophy in the development of the legal systems of England, the U.S. and Australia. This is a highly significant and original work, written with great clarity and directness yet displaying profound historical and theological scholarship. It is especially relevant in our times when scant attention is paid to the contribution of Christian values and beliefs to human life. This book will enrich the understanding of many, but it will also challenge and irritate that realm of secularist thought that sees Christianity as a dark and sinister presence on the human condition” — Michael Mc Mahon OMI, Department of Religious Education and English, Mazenod College, Perth

“Professor Zimmermann’s book is outstanding in its breadth and depth. The Christian influence on the legal institutions that have come to define the West is proven beyond doubt in this work. Zimmermann’s study brings together not just the best historical, legal, and philosophical analyses on the question of the origins and evolution of the West’s legal traditions, but also offers original insights of its own. More and more, in spite of the declarations of secularist triumphalists, we are discovering that the institutions that have brought so much freedom and stability to the West are indeed a result of a complex set of historical traditions and practices evolving in dialogue with Christian institutions and ideas. If it is perilous for a civilisation to forget the traditions that have nourished and animated its most successful and valuable institutions, then Zimmermann’s book is not merely a fascinating read but also indispensable for the task of preserving modern liberties against various creeping totalitarianisms, secularist and religious.” — Dr Stephen Chavura B.A. (Hons. I), Ph.D. (UNE), Senior Research Associate, Department of Modern History and Politics, Macquarie University, Sydney.

“At a time when Christianity is being pushed out of the public square, Dr Zimmermann’s latest book is a timely and important antidote to the modern myth that our common law rights emerged from thin air or was a gift from international bodies like the United Nations. In fact, as Dr Zimmermann’s historical analysis reveals, the reason we have a public square is that of early English legal developments driven by theologians and Christian jurists. Dr Zimmermann has yet again made an important contribution to the legal literature which should be required reading by all first year law students (as well as the lecturers!)”. –Morgan Begg, Research Fellow, Institute of Public Affairs (Melbourne)

“Christianity, history and law all get a bad rap nowadays. They are ignored, denounced or misrepresented. Yet all three are vital to modern democracies, and all three are closely related as Dr Zimmerman so brilliantly demonstrates in this important volume. This exceedingly thorough, well-researched, and well-written book is essential reading for those who would see faith and freedom retain their much-needed role in Western society”. — Bill Muehlenberg, CultureWatch, Author of ‘Modern Conservative Thought’

More information here

BOOK: Katie BARCLAY, Men on Trial : Performing Emotion, Embodiment and Identity in Ireland, 1800-45 (Manchester: Manchester University Press, 2018). ISBN 978-1-5261-3292-5, £75.00



Manchester University Press is publishing a book on the “performance of 'the self' within the early nineteenth-century courtroom and its implications for law, society and nation”

ABOUT THE BOOK

Men on trial explores how the Irish perform 'the self' within the early nineteenth-century courtroom and its implications for law, society and nation. Drawing on new methodologies from the history of emotion, as well as theories of performativity and performative space, it emphasises that manliness was not simply a cultural ideal, but something practised, felt and embodied. Men on trial explores how gender could be a creative dynamic in productions of power. Targeted at scholars in Irish history, law and gender studies, this book argues that justice was not simply determined through weighing evidence, but through weighing men, their bodies, behaviours, and emotions. Moreover, in a context where the processes of justice were publicised in the press for the nation and the world, manliness and its role in the creation of justice became implicated in the making of national identity.

ABOUT THE AUTHOR

Katie Barclay is a Senior Lecturer in the ARC Centre for Excellence in the History of Emotions and Department of History, University of Adelaide

TABLE OF CONTENTS

Opening speeches: an introduction
1. Law and lawyers: 'the prerogative of the wig'
2. The stage: 'the court presented a very imposing spectacle'
3. Bodies in court: 'Hogarth would have admired him forever'
4. Speech, sympathy and eloquence: 'it is a voice full of manly melody'
5. The cross-examination: 'he's putting me in such a doldrum'
6. Storytelling: 'quoting the poet'
7. On character: 'you see McDonnell the value of a good character'
Closing arguments: a conclusion
Select Bibliography
Index

More information here

BOOK: Philippa BYRNE, Justice and Mercy: Moral Theology and the Exercise of Law in Twelfth-Century England (Manchester: Manchester University Press, 2018). ISBN 978-1-5261-2536-1, £90.00



Manchester University Press is publishing a new book on 12th century law in England

ABOUT THE BOOK

This book examines one of the most fundamental issues in twelfth-century English politics: justice. It demonstrates that during the foundational period for the common law, the question of judgement and judicial ethics was a topic of heated debate – a common problem with multiple different answers. How to be a judge, and how to judge well, was a concern shared by humble and high, keeping both kings and parish priests awake at night. Using theological texts, sermons, legal treatises and letter collections, the book explores how moralists attempted to provide guidance for uncertain judges. It argues that mercy was always the most difficult challenge for a judge, fitting uncomfortably within the law and of disputed value. Shining a new light on English legal history, Justice and mercy reveals the moral dilemmas created by the establishment of the common law.

ABOUT THE AUTHOR

Philippa Byrne is British Academy Postdoctoral Fellow at the University of Oxford

TABLE OF CONTENTS

Prologue: the vanishing adulteress
1 Introduction
2 The problem with mercy: theology
3 The problem with mercy: law
4 Twelfth-century models of justice and mercy
5 Who should be merciful?
6 Judgement in practice: the church
7 Histories of justice: the crown, persuasion and lordship
8 Love your enemies? Popular mercy in a vengeance culture
9 Conclusion
Index

More information here