31 March 2010
CONFERENCE: The Impact of the Atlantic World on the 'Old Worlds' in Europe and Africa from the Fifteenth to the Nineteenth Centuries
The conference organisers are Guy Saupin, CRHIA-Université de Nantes (firstname.lastname@example.org) and Cécile Vidal, CENA-EHESS, Paris (email@example.com).
29 March 2010
For more information, contact Mrs. Nicole Pasakarnis firstname.lastname@example.org
22 March 2010
A press release from the University of Kentucky, announcing the receipt by Abigail Firey, of Kentucky's history department, of an ACLS Digital Innovation Fellowship, has drawn my attention to the Carolingian Canon Law Project, which is described on its website thus:
I really became interested in how those convicted in the Inquisition defended themselves and the strategies they used. . . . For my latest project, I'll be comparing court records throughout Spain, Venice, Lisbon and Mexico City.
18 March 2010
The deadline for proposals is Monday, 29 March 2010.
Juris Diversitas aims to explore the boundaries (i) between legal and normative traditions and (ii) between comparative law and other disciplines. Our members will meet midday on Friday, 11 June 2010 for our Annual General Meeting. There will also be an informal roundtable discussion of research related to our themes and open to anyone attending the symposium.
The symposium will begin on the afternoon of Friday, 11 June 2010 with a plenary speech, but most papers will be presented on Saturday, 12 June 2010.
• Our primary theme is the investigation of legal and normative diversity across the Mediterranean.
• A secondary theme is the establishment of dialogue between comparative lawyers and other disciplines.
While our primary focus is on the region, we will consider any proposals on the mixtures and movements of state laws and other norms. Among others, anthropologists, geographers, historians, and sociologists are all encouraged to participate.
An excursion into Valletta or Mdina is also being planned for Sunday, 13 June 2010.
Those interested in making a presentation (twenty minutes long) should email Dr Seán Patrick Donlan (email@example.com) by Monday, 29 March 2010 with a short (250 word) proposal.
Note that the conference fee is €100. Transportation and accommodation are not included. More details will follow shortly.
15 March 2010
The organization had established a definitive list of contributors (PDF) and would like to bring the event to your attention at this time, having regard to the practical aspects of the transfer to Paris (train/flight reservations). A definitive time schedule will be published later on.
For further information, please contact the organisation by e-mail.
Ernest Metzger, University of Glasgow School of Law, has posted Adam Smith's Historical Jurisprudence and the 'Method of the Civilians,” which was originally given at the “Smith in Glasgow" Conference, University of Glasgow, March 31-April 2, 2009. Here is the abstract:
Adam Smith lectured in jurisprudence at the University of Glasgow from 1751 to 1764, and various records of these lectures survive. Since Smith never completed a treatise on law, these records are the principal source for his theory of lawmaking. In his final year at Glasgow, Smith undertook to reorganize the course of lectures: he began with a series of lectures on “forms of government,” where formerly these lectures had fallen at the very end. He explained that his reorganized lectures followed the method of the civilians (i.e., contemporary writers on Roman law), and that this method was to be preferred.
This paper discusses Smith’s theory of lawmaking and seeks to explain why he undertook to reorganize his lectures. Some scholars have argued that Smith had a substantive reason for his decision, i.e., that the change was demanded by his developing theory of law. This paper, to the contrary, argues that his decision was far more innocent. He had occasionally sought to explain how certain laws came about by reference to the “ages of society.” This is the theory that societies tend to present themselves under the model of one of four ages, each age identifiable by a certain mode of subsistence. This “stadial theory,” however, though adequate to explain the genesis of a handful of rights, was inadequate to explain the genesis of most laws. For the latter, Smith used a more immediate cause: form of government. Yet exposition of this thesis was difficult when the lectures on government were postponed to the end. Smith’s decision to reorganize the course of lectures helped to cure the problem.
The method of the civilians, whom Smith claims to be following, is the method of contemporary institutional literature. Civilian works that were written to follow the order of Justinian’s Institutes began, as the Institutes began, with a discussion of government.
The article is available on SSRN here.
to discuss the comparative legal history of the Atlantic world in the period c1492 to 1815. Each year we offer a one-day conference that brings together law professors, historians, and social scientists to explore a particular topic in comparative legal history, broadly understood.
The site reads:
Colonialism enhanced legal pluralism. European, African, Asian, and American polities relied on layered and multi-centric systems of law, and their encounters generated new and often repeating patterns of jurisdictional politics. This widespread legal pluralism at times contributed to regional integration by making substantively different legal systems intelligible to travelers and merchants. It also posed challenges to imperial administration as subordinate authorities sought to establish, expand, or protect prerogatives to act independently of metropolitan sovereigns and courts. With recent scholarship establishing clearly the benefits of framing colonial law as jurisdictionally complex and unstable, opportunities are now in sight to push this perspective further in a number of directions.
One interesting set of problems involves questions about how conflicts over the prerogatives of delegated legal authorities to discipline and control subordinate or dependent populations related to the changing contours of imperial constitutions or ideologies of rule. Conference participants may explore the ways in which such figures as garrison commanders, plantation owners, ship captains, Company officials, missionaries, and others with some measure of legal authority positioned themselves in relation to both metropolitan and colonial law. Did they make innovative legal claims or exert influence on regional patterns? We invite investigations of the conditions under which such actors deferred to imperial authority, the sources they drew upon to defend their legal prerogatives, and the nature of their interactions with various courts. Other studies might consider the degree to which the politics of making and defending claims to semi-autonomous legal authority informed broader, even regional, political processes. As we bring such connections into sight, it may be possible to refine comparisons of the politics of legal pluralism in different parts of a colonial regime, or between the Atlantic, Mediterranean, and Indian Ocean worlds.
14 March 2010
Those interested in making a presentation or with additional questions should email Dr Seán Patrick Donlan (firstname.lastname@example.org) by Monday, 15 March 2010 with a short (250 word) proposal.
Note that the conference fee is €100; transportation and accommodation are not included.
13 March 2010
12 March 2010
Session 1: Interactions – Law, Text, History
Chair Dirk Hartog (History, Princeton)
Speakers: Steven Wilf (Law, Connecticut), “Law/Text/Past”; Norman Spaulding (Law, Stanford), “On the Interdependence of Law, History and Memory”; Kunal Parker (Law, Miami), “Common Law Thought and the Problem of History”; Marianne Constable (Rhetoric, Berkeley), “‘In the Name of the Law’: Law as Claim to Justice”.
Commentator: Christopher Tomlins (Law, UC Irvine)
Session 2: Intersections – Law, History, Culture
Chair Ariela Gross (Law, USC)
Speakers: Peter Goodrich (Law, Cardozo), “Specters of Law: Why the History of the Legal Spectacle has not been Written”; Shai Lavi (Law, Tel Aviv), “Law as World: Secular History and Jewish Ritual in Nineteenth Century Germany”; Assaf Likhovski (Law, UCLA and Tel Aviv), “Chasing Ghosts: On Writing Cultural History of Tax Law”; Roger Berkowitz (Political Studies & Human Rights, Bard College), “History and the Noble Art of Lying”.
Commentator: John Comaroff (Anthropology, Chicago)
Session 3: Interpretations – Law, Polity, Economy
Chair: Risa Goluboff (Law, Virginia)
Speakers: Ritu Birla (History, Toronto), “Law as Economy: Convention, Corporation, Currency”; Roy Kreitner (Radcliffe Institute and Law, Tel Aviv), “Money in the 1890s: The Circulation of Law, Politics, and Economics”; Christopher Schmidt (Law, Chicago-Kent), “Conceptions of Law in the Civil Rights Movement”; Barbara Welke (History & Law, Minnesota), “Owning Hazard in the Modern American Consumer Marketplace”.
Commentator: Morton Horwitz (Law, Harvard)
Session 4: Instantiations - Law, Sovereignty, Justice
Chair Laura Kalman (History, Santa Barbara)
Speakers: Laura Edwards (History, Duke), “The Peace: The Meaning and Production of Law in the Post-Revolutionary U.S.”; John Witt (Law, Yale), “Escape and Engagement: The Laws of War in the Early American Republic”; Paul Frymer (Politics, Princeton), “Building an American Empire: Territorial Expansion and Indian Removal, 1787-1850”; Mariana Valverde (Criminology Centre, Toronto) “‘The honour of the Crown is at stake’: Aboriginal Land Claims Litigation in Canada and the Epistemology of Sovereignty”.
Commentator: Robert W. Gordon (Law, Yale)
10 March 2010
04 March 2010
The 64th Session of the International Society ‘Fernand de Visscher’ for the History of Law in Antiquity (SIHDA) will be held in
03 March 2010
Until recently, the trust was often described as foreign to the logic of the law of property in the civilian tradition. This assertion is increasingly untenable, as the profile of the trust in legal systems with a civilian law of property continues to develop and expand. This conference seeks to explore the multiple ways in which civilian and mixed legal systems have embraced the trust, with the goal of allowing jurists from different jurisdictions to better understand their different approaches to this increasingly important legal institution. The working languages of the conference will be English and French.
Some of the themes which we expect to be covered include: the historical development of trusts in civilian and mixed systems; the differing conceptual structures of such trusts, including how they are understood within the general law; the language of trust law; comparative trust law; the uses and applications of trusts in the modern world; and the possibilities for internationalizing trust law through increased recognition of foreign trusts and of party autonomy in choosing the governing law for trusts.
Confirmed participants include: François Barrière (Paris II—Panthéon‐Assas); Madeleine Cantin Cumyn (McGill); Yaëll Emerich (McGill); George Gretton (Edinburgh); Lusina Ho (Hong Kong University); Adam Hofri‐Winogradow (Hebrew University of Jerusalem); Mr. Justice Nicholas Kasirer (Quebec Court of Appeal); John Langbein (Yale); Paul Matthews (King’s College London); Michael McAuley (McGill); Robert Sitkoff (Harvard); Lionel Smith (McGill).
Proposals for papers are now invited. If you would like to offer a paper, please submit a working title and an abstract (of no more than 350 words) by email to email@example.com before 15 April 2010. The abstract should be written in English or French, the language of the abstract indicating the language of the proposed full paper. Papers will be selected on the basis of their quality and originality, as well as their engagement with the conference theme and their fit with other papers being presented at the conference. The selection will be made by a scientific committee.
Presenters whose proposals are accepted will be expected to meet their own travel and accommodation costs, although the conference registration fee will be waived. Depending on the outcome of applications for financial assistance, some funds may be available to assist presenters with travel and accommodations; those who have need of such funds should indicate this in their applications.
I take the liberty of posting a link to his works on amazon here.
Another interesting book which recently landed on my desk is the English translation of an Italian work on Tabula Picta. In this fascinating book, Marta Madero has collected many of the important medieval jurists' views on this thorny property-law issue and has demonstrated rather gracefully just how legally innovative they were when dealing with Roman law. Well worth purchasing.
I take the liberty of posting a link to this work on amazon here.
02 March 2010
Reprint of Pollock and Maitland
First published in 1895, Pollock and Maitland's The History of English Law before the Time of Edward I has become a classic for scholars of English law, but it was last reissued in 1968. Fortunately, in April the Liberty Fund will publish a reprint. (For more information, see www.libertyfund.org)
The Criminal Justice/Legal History Network is part of the Social Science History Association (SSHA) and the European Social Science History Conference (ESSHC). It is made up of historians, sociologists, economists, criminologists, geographers, lawyers, and other academics and independent scholars who are interested in the history of crime, policing and the law. Members include both "bean counters" and "non-bean counters," scholars focusing on statistics and those exploring the meanings of narratives. The network’s purpose is to provide an international forum for the exchange of ideas and research across disciplines and methodologies. Many members of the network attend the annual meetings of the SSHA and the bi-annual meetings of the ESSHC to participate in sessions, roundtables, and poster displays that include the presentation of papers and discussion on important books, ongoing research projects and new research methods. In addition, members enjoy conference ‘Crime Gang’ dinners and other informal gatherings. While membership in the SSHA is necessary for participating in its conferences, it is not necessary for being a member of the Criminal Justice/Legal History network.
Note that the next ESSHC conference will be held soon in Ghent, Belgium from 14-17 April 2010. The next SSHA conference (on 'Power and Politics') is in Chicago, Illinois from 18-21 November 2010. Unfortunately, the Calls for Papers have past. Additional information on the Criminal Justice/Legal History Network is available on their site.
01 March 2010
Note that the deadline is only two weeks away!
Those interested in making a presentation or with additional questions should email Dr Seán Patrick Donlan (firstname.lastname@example.org) by Monday, 15 March 2010 with a short (250 word) proposal. Note that the conference fee is €100; transportation and accommodation are not included.