CONFERENCE REPORT: "The Vienna Congress and the Transformation of International Law" (HSozKult, 29 Mar 2016)

(image: Poppelsdorfer Schloss, source: Wikimedia Commons)

HSozKult published a conference report by Chirstophe Wampach (Bonn University, Institute for German and Rhineland Legal History) on the Conference "The Vienna Congress and the Transformation of International Law", held in Bonn on 3-4 September 2015 (see earlier on this blog).

First paragraph:

200 years after the European Great Powers convened in Vienna to discuss the post-Napoleonic era, Miloš Vec, professor of legal and constitutional history at the University of Vienna, and Mathias Schmoeckel, professor of legal history at the University of Bonn, called for an international and interdisciplinary conference to examine the implications of the Congress of 1815 in international law and conflict resolution. Indeed, whereas the political importance of the Congress of Vienna has very often been emphasised in the historical research, its legal aspects, on the contrary, have been left untold for too long. The conference took place on 3rd and 4th September 2015 at the Poppelsdorf Palace (Poppelsdorfer Schloss) in Bonn (Germany) and was financed by both the universities of Vienna and Bonn, and the LOEWE Research Focus ‘Extrajudicial and Judicial Conflict Resolution’ (LOEWE-Schwerpunkt „Außergerichtliche und gerichtliche Konfliktlösung“).

Fulltext here.

JOURNAL: The American Journal of Legal History LVI (2016), No. 1 (Mar)

The American Journal of Legal History published its first issue in the new edition under A. L. Brophy and S. Vogenauer, a special issue on the "Future of Legal History".

Update 31/03/2016: all articles are available in open access and can be downloaded for personal use.

Table of contents:

"Introducing the Future of Legal History: On Re-launching the American Journal of Legal History" (Alfred L. Brophy & S. Vogenauer)
"The Future of Legal History: Roman Law"
(Ulrike Babusiaux)
"The Future of the History of Medieval Trade Law"
(Albrecht Cordes)
"Constitutional Meaning and Semantic Instability: Federalists and Anti-Federalists on the Nature of Constitutional Language"
(Saul Cornell)
"A Context for Legal History, or, This is not your Father’s Contextualism"
(Justin Desautels-Stein)
"If the Present were the Past"
(Matthew Dyson)
"For a Renewed History of Lawyers"
(Jean-Louis Halperin)
"Is it Time for Non-Euro-American Legal History?"
(Ron Harris)
"A Comparative History of Insurance Law in Europe"
(Philip Hellwege)
"Legal History as Political Thought"
(Roman J. Hoyos)
"Constitution-making in the Shadow of Empire"
(Daniel J. Hulsebosch)
"First the Streets, Then the Archives"
(Martha S. Jones)
"The Constitution and Business Regulation in the Progressive Era: Recent Developments and New Opportunities"
(Paul Kens)
"Expanding Histories of International Law"
(Martti Koskenniemi)
"Sir Ivor Jennings’ ‘The Conversion of History into Law’"
(H. Kumarasingham)
"Federalism Anew"
(Sara Mayeux & Karen Tani)
"Law, Culture, and History: The State of the Field at the Intersections"
(Patricia Hagler Minter)
"The Future of Digital Legal History: No Magic, No Silver Bullets"
(Eric C. Nystrom & David  S. Tanenhaus)
"Writing Legal History Then and Now: A Brief Reflection"
(Kunal M. Parker)
"Beyond Backlash: Conservatism and the Civil Rights Movement"
(Christopher W. Schmidt)
"Beyond Methodological Eurocentricism: Comparing the Chinese and European Legal Traditions"
(Taisu Zhang)

For more information, visit Oxford Journals.

BOOK: Kaius TUORI, Lawyers and Savages: Ancient History and Legal Realism in the Making of Legal Anthropology. London: Routledge, 2016, 224 p. ISBN 9781138685949, £ 34,99.

(image source: Routledge)

Book summary:

Legal primitivism was a complex phenomenon that combined the study of early European legal traditions with studies of the legal customs of indigenous peoples. Lawyers and Savages: Ancient History and Legal Realism in the Making of Legal Anthropology explores the rise and fall of legal primitivism, and its connection to the colonial encounter. Through examples such as blood feuds, communalism, ordeals, ritual formalism and polygamy, this book traces the intellectual revolution of legal anthropology and demonstrates how this scholarship had a clear impact in legitimating the colonial experience. Detailing how legal realism drew on anthropology in order to help counter the hypothetical constructs of legal formalism, this book also shows how, despite their explicit rejection, the central themes of primitive law continue to influence current ideas – about indigenous legal systems, but also of the place and role of law in development.

Contents:

Preface, Chapter 1. Introduction, Chapter 2. Blood: Law as Culture, Chapter 3. Sex: The Fascination of Primitive Law, Chapter 4. Magic: The Realist Revolution, Chapter 5. The Banality of Pluralism, Chapter 6. Conclusions, Bibliography, Index

About the author:

Kaius Tuori is Academy of Finland Research Fellow at the University of Helsinki. His research interests include legal history, Roman law, legal anthropology, and classical archaeology.  

(source: Law&Humanities Blog)

WORKSHOP A HISTORY OF INTERNATIONAL LAW IN ITALY: The Development of International Law Scholarship in Italy and the Impact of Key Historical and Political Events on International Legal Studies, Firenze: EUI, 18-19 Apr 2016

Prof. Guido Bartolini (Roma III) transmitted the following fascination programme of a two-day workshop on The History of International Law in Italy at the EUI (18-19 Apr).


18 – 19 April 2016
European University Institute
Sala Europa, Villa Schifanoia
via Boccaccio 121
Firenze

Monday 18 April 2016

9.15 - 9.30  Introduction to the Workshop
Nehal Bhuta
What “A History of International Law in Italy” Is for?
Giulio Bartolini
9.30 - 11.00  Early ‘Italian’ Scholars of ius gentium
Claudia Storti Storchi
Discussant: Luigi Lacchè
International Legal Scholarship in Italy from the Late Seventeenth to the Early Nineteenth Century
Walter Rech 
Discussant: Eliana Augusti
11.00 - 11.20  Coffee-break
11.20 – 13.15 The Risorgimento and the ‘Birth’ of the International Law Scholarship in Italy Edoardo Greppi
Discussant: Claudia Storti Storchi
The Italian Legal Scholarships in the Early Decades of the XXth Century
Giulio Bartolini
Discussant: Bardo Fassbender
The Italian Doctrine of International Law in the Post-II WW Period (Antonio Cassese); The Last Decades of the Italian Doctrine
Paolo Palchetti 
Discussant: Nehal Bhuta
13.15 - 14.30  Lunch (speakers only)
14.30 - 17.30  The Dialogue of Private and Public International Law in Italy
Pietro Franzina
Discussant: Roberto Virzo 
The Formation of Scholarly Journals of International Law – Their Role in the Discipline
Ivan Ingravallo
Discussant: Milos Vec
Catholicism and International Law Studies
Mirko Sossai
Discussant: Paolo Benvenuti  
The Influx of International Law Scholars in the Constitution-making Process  Roberto Virzo
Discussant: Sergio Marchisio 


Tuesday 19 April 2016

9.00 - 11.10 Encounters: The Mutual Influence between Italian and Foreign Scholars Robert Kolb and Giovanni DiStefano
Discussant: Anne Peters
The Unification of Italy and International Law
Sergio Marchisio 
Discussant:

Colonialism and Italian International Lawyers
Luigi Nuzzo
Discussant: Matthew Craven 

11.10 - 11.30  Coffee-break
11.30 – 13.30 The “Roman Question”, the Creation of the Vatican City State and the Recognition of the International Legal Personality of the Holy See in the International Law Literature
Tommaso Di Ruzza
Discussant: Edoardo Greppi

Main Post-II WW International Law Issues: 1945-1957
Enrico Milano 
Discussant: Federico Romero
The Impact of Marxism on Italian International Lawyers
Lorenzo Gradoni
Discussant:  Pavel Kolář

13.30  Conclusion of the Workshop

 PARTICIPANTS
Eliana Augusti University of Salento
Giulio Bartolini University of Roma Tre
Paolo Benvenuti University of Roma Tre
Nehal Bhuta European University Institute
Matthew Craven  SOAS, University of London
Tommaso Di Ruzza Financial Information Authority, Holy See
Giovanni DiStefano University of Neuchatel
Bardo Fassbender University of St. Gallen
Pietro Franzina University of Ferrara
Lorenzo Gradoni Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law
Edoardo Greppi University of Turin
Ivan Ingravallo University of Bari
Pavel Kolář  European University Institute
Robert Kolb  University of Geneva
Luigi Lacchè University of Macerata
Sergio Marchisio University of Rome, La Sapienza
Enrico Milano   University of Verona
Luigi Nuzzo  University of Salento
Paolo Palchetti  University of Macerata
Anne Peters  Max Planck Institute, Heidelberg
Walter Rech University of Helsinki
Federico Romero  European University Institute
Mirko Sossai University of Roma Tre
Claudia Storti Storchi University of Milan
Milos Vec University of Vienna
Roberto Virzo  University of Sannio

 ORGANIZING COMMITTEE
Giulio Bartolini University of Roma Tre
Nehal Bhuta European University Institute
Valentina Spiga European University Institute

A PDF of this provisional programme can be found here.

BOOK: Alice TAYLOR, The Shape of the State in Medieval Scotland, 1124-1290 [Oxford Studies in Medieval European History], Oxford: OUP, 2016, 560 p. ISBN 9780198749202, £85/€ 108,74

(image source: OUP)




Oxford University Press published a volume by Alice Taylor (King's College London) on medieval Scottish law and state formation.

Abstract:

This is the first full-length study of Scottish royal government in the twelfth and thirteenth centuries ever to have been written. It uses untapped legal evidence to set out a new narrative of governmental development. Between 1124 and 1290, the way in which kings of Scots ruled their kingdom transformed. By 1290 accountable officials, a system of royal courts, and complex common law procedures had all been introduced, none of which could have been envisaged in 1124.

The Shape of the State in Medieval Scotland, 1124-1290 argues that governmental development was a dynamic phenomenon, taking place over the long term. For the first half of the twelfth century, kings ruled primarily through personal relationships and patronage, only ruling through administrative and judicial officers in the south of their kingdom. In the second half of the twelfth century, these officers spread north but it was only in the late twelfth century that kings routinely ruled through institutions. Throughout this period of profound change, kings relied on aristocratic power as an increasingly formal part of royal government. In putting forward this narrative, Alice Taylor refines or overturns previous understandings in Scottish historiography of subjects as diverse as the development of the Scottish common law, feuding and compensation, Anglo-Norman 'feudalism', the importance of the reign of David I, recordkeeping, and the kingdom's military organisation. In addition, she argues that Scottish royal government was not a miniature version of English government; there were profound differences between the two polities arising from the different role and function aristocratic power played in each kingdom.

The volume also has wider significance. The formalisation of aristocratic power within and alongside the institutions of royal government in Scotland forces us to question whether the rise of royal power necessarily means the consequent decline of aristocratic power in medieval polities. The book thus not only explains an important period in the history of Scotland, it places the experience of Scotland at the heart of the process of European state formation as a whole.

On the author:

Alice Taylor is Lecturer in Medieval History at King's College London. She was born in London and studied History at St Peter's College, Oxford. After receiving her doctorate from Oxford in 2009, she was a Research Fellow at King's College, Cambridge until 2011. She has published widely on many aspects of medieval Scottish history in journals such as Historical Research, The Scottish Historical Review, and The Haskins Society Journal, and has received prizes for her work from the Institute of Historical Research and the Scottish History Society. This is her first book.

More information here.

COMPARATIVE LEGAL HISTORY, vol. III (2015), Issue 2: Theme Issue on Lay Participation

(image source: Routledge Law)

Comparative Legal History, our Society's official peer review journal (Taylor & Francis/Routledge Law) published its second issue of 2015.

Contents:

Lay participation in modern law: a comparative historical analysis

Markus Dubber & Heikki Pihlajamäki

Knowing the law and deciding justice: lay expertise in the democratic Athenian courts

David Mirhady

In the rhetorically charged law courts in which ancient Athenian lay judges exercised their knowledge of the laws and so decided questions of justice, particularly where the quaestio iuris was most at issue, they exercised some quite sophisticated thinking. The judges abided by their oath to vote ‘according to the laws’, but did so with a comprehensive understanding both of the multiplicity of laws that might apply to particular cases and of the even greater number of legal principles implicit in them. After sketching the democratic aspects of Athens’ legal system, the paper begins with Plato’s Apology of Socrates before going on to detail legal reasoning advanced in Lysias’ On the Murder of Eratosthenes and Hyperides’ Against Athenogenes.

Lay participation: the paradox of the jury

Anthony Musson

Lay participation in the form of the jury has been integral to the administration of justice in England at all levels and in both civil and criminal arenas since the Middle Ages and is popularly regarded as a legacy of Magna Carta by dint of the constitutional significance attributed to the Great Charter over the centuries. Arguably juries provide a bastion against the potential harshness of the state and a buffer against arbitrariness on the part of the judge as well as injecting an element of amateurism to combat the increased professionalism of the legal system. Yet, for all the perceived benefits, serious inadequacies in jurors and even in the apparent fairness of the system have been exposed. Jury decisions, too, have come under scrutiny. This paper examines the paradox of the jury in criminal trials and compares their role in the modern legal system with the historical past.

The politics of jury trials in nineteenth-century Ireland

Niamh Howlin

 
This article considers aspects of lay participation in the Irish justice system, focusing on some political dimensions of the trial jury in the nineteenth century. It then identifies some broad themes common to systems of lay participation generally, and particularly nineteenth-century European systems. These include perceptions of legitimacy, state involvement and interference with jury trials, and issues around representativeness. The traditional lack of scholarship in the area of comparative criminal justice history has meant that many of the commonalities between different jury systems have been hitherto unexplored. It is hoped that this paper will contribute to a wider discussion of the various commonalities and differences in the development of lay participation in justice systems.

Forensic oratory and the jury trial in nineteenth-century America

Simon Stern

 At the beginning of the nineteenth century, the American jury trial was a form of popular amusement, rivalling the theatre and often likened to it. The jury's ability to find law, as well as facts, was widely if inconsistently defended. These features were consistent with a view of forensic oratory that emphasized histrionics, declamation and emotionally charged rhetoric as means of legal persuasion. By the end of the century, judges had gained more control of the law-finding power and various questions of fact had been transformed into questions of law. Many of the details that would have aided the lawyers’ dramatic efforts were screened out by a host of new exclusionary rules. These changes in forensic style may have helped to facilitate the decline of the trial, by reorienting its function away from a broadly representative one and towards one that emphasized dispassionate analysis in the service of objectivity.

The schizophrenic jury and other palladia of liberty: a critical historical analysis

Markus D. Dubber

 Abstract:

The historiography of the jury is interestingly schizophrenic, even paradoxical. On one side is the once traditional, and still popular, history of the jury as palladium of liberty. On the other side is the once revisionist, but now widely accepted, account of the jury's origin as instrument of oppression. On one side is the jury as English, local, indigenous, democratic; on the other is the jury as French, central, foreign, autocratic. This paper reflects on this apparent paradox, regarding it as neither sui generis nor in need of resolution. Instead, from the longue durée comparative-historical perspective of New Historical Jurisprudence, the schizophrenic history of the jury and of other palladia of liberty, notably habeas corpus, can be seen to reflect the fundamental and long-standing tension between two modes of governance, law and police, rooted in the distinction between autonomy and heteronomy that has shaped the Western legal-political project since classical Athens.

 Book reviews:

Rights and courts in pursuit of social change: legal mobilisation in the multi-level European system

Jacques Vanderlinden

Theologians and contract law: the moral transformation of the ius commune (ca. 1500–1650)

Janwillem Oosterhuis

 

Entanglements in legal history: conceptual approaches

Jean-Louis Halpérin

Signposts: new directions in southern legal history

Seán Patrick Donlan

Five legal revolutions since the 17th century: an analysis of a global legal history

Thomas Duve

La religiosité du droit

Wim Decock

 

Teaching legal history: comparative perspectives

Emanuel van Dongen

Master of penance: Gratian and the development of penitential thought and law in the twelfth century

Stephan Dusil

 

LECTURE: World War One and the End of Neutrality: A Question Asked in the Wrong Way ? (Royal Flemish Academy of Belgium, Committee for Legal History/VUB CORE, 7 Apr 2016)

The Royal Flemish Academy of Belgium (Committee for Legal History) and the Research Group CORE (Contextual Research in Law) of the Vrije Universiteit Brussel (VUB) invite prof. dr. Eric Schnakenbourg (Université de Nantes/CRHIA/Institut Universitaire de France) for a lecture on the topic:

"World War One and the End of Neutrality:
A Question Asked in the Wrong Way ?"

Prof. dr. Eric Schnakenbourg is full-time professor of History at the University of Nantes and Director of the Research Center on International and Atlantic History. He published his Habilitation à diriger des recherches with the Presses Universitaires de Rennes in 2013 (Entre la guerre et la paix. Neutralite et relations internationales, XVIIe-XVIIIe siècles), and, earlier, his doctoral dissertation on France and Northern Europe in the early 18th Century with Honoré Campion.

The event will take place in the Academy Palace (Simon Stevin-Room), from 12:30 to 14:00.



Registration is mandatory, in view of the limited unmber of seats available: click here for the registration page.

4th BIENNAL ESCLH CONFERENCE: "Culture, Identity and Legal Instrumentalism" (Gdańsk, 28 Jun-1 Jul 2016); FINAL PROGRAMME

 

The organizing committee of the 4th ESCLH Biennal Conference "Culture, Identity and Legal Instrumentalism" (Gdańsk) has announced the programme of the event. For a PDF version, click here.

Day One: 28 June 2016

9:00 a.m. – 4:30 p.m.            Summer School at the Faculty of Law and Administration

4:00 p.m.                                registration of participants in European Center of Solidarity

5:30 p.m.                               meeting with refreshments in the European Center of Solidarity

Day Two 29 June 2016

Artus Court and Main Hall in Old Town of Gdańsk  

8:00 a.m.                              registration of participants in Artus Court

9:00 a.m. – 9:40 a.m.        official opening of conference

9:40 a.m. – 10:40 a.m.      Plenary Session I

Constitutional Instrumentalisation of Old Rights

American Constitutionalism as Common Law Litigation and Polish Republicanism as National Legitimacy

Chair

Prof. Luigi Lacché

Rector of University of Macerata

Keynote Speaker

Prof. Ulrike Müßig 

University of Passau 

Principal Investigator of ERC Advanced Grant 
in European Constitutional History

Commentator 

Prof. Dirk Heirbaut 

Ghent University 

President of the Scientific Committee for Legal History of the 
Royal Flemish Academy of Belgium for Arts and Science

10:40 a.m. – 11:00 a.m.   coffee break

11:00 a.m. – 12:30 p.m.   Panel Session I  

(all panel sessions: 20 min for each paper & 10 min discussions following each paper)

Panel 1.1

Legal History, the Interdisciplinary Challenge: a Discussion on Rights in Time of Crises

Prof. Massimo Meccarelli

University of Macerata

In the Realm of Legal History

Prof. Paulo Palchetti

University of Macerata

In the Realm of International Law

Prof. Flavia Stara

University of Macerata

In the Realm of Philosophy of Education

Panel 1.2

The Legal Transplant and the Building of National Legal Identities In Central Eastern Europe

Prof. Manuel Gutan

Lucian Blaga University of Sibiu

The Legal Transplant and the Building of  the Romanian Legal Identity  in 19th Century

Dr Martin Belov

University of Sofia "St. Kliment Ohridski"

The Idea of “Europe” as a Factor in the Building of the Bulgarian Legal Identity

Dr Michał Gałędek                           Dr Piotr Pomianowski

University of Gdańsk                       University of Warsaw

The National Codification or the French Law?

Discussion on the Reform of Civil Law at the Beginnings of Kingdom of Poland (1814 – 1815)

Panel 1.3.

New Vehicles and Transport Infrastructure

International Influences and Instrumentalism in Nordic Law, 1890-1940

Mr Jussi Sallila

University of Helsinki

At the Meeting Point of International Trade and the National Legal System

The Making of the Finnish Legislation on Bonded Warehouses

Prof. Mia Korpiola

University of Turku

Constructing the Automobile Law of a New Nation

International Influences on Finnish Automobile Regulation, 1917-1939

Mr Markus Kari

University of Helsinki

The Instrumentalism of the Early Nordic Aviation Law (1919-1939)

12:30 a.m. – 1:30 p.m.     lunch

1:30 p.m. – 3:30 p.m.        Panel Session II

Panel 2.1

Law, Totalitarianism and the Modern World

convenors

Dr Stephen Skinner                         Dr Cosmin Sebastian Cercel

University of Exeter                         University of Nottingham

Dr Stephen Skinner

University of Exeter

Law, Security and Inciting Disloyalty to the State in Interwar Italy and Britain

Dr Cosmin Sebastian Cercel

University of Nottingham

Mapping Dictatorship: Marshal Antonescu’s Dual State and the Law

Prof. David Fraser

University of Nottingham

Criminal Law in Auschwitz: Positivism, Natural Law, and SS Legal Normativity

Dr Simon Lavis

Open University

Interrogating Law’s Instrumentalization

Problematizing Notions of Ideology, Exceptionality and Rupture in the Third Reich

Panel 2.2

Vectors of Legal Cultures and Identities?

Legal Periodicals in Belgium, Estonia and France

Dr Sebastiaan Vandenbogaerde

Ghent University

Vectors of a National Legal Culture and Identity?

Belgium's Legal Periodicals during the Long Nineteenth Century (1830-1914)

Prof. Florence Renucci                    Ing. Isabelle Thiebau

University of Lille

Vectors of Empires? Legal Periodicals in French Colonies (1830-1914)

Dr Merike Ristikivi

University of Tartu

Vectors of Legal Culture? The Collapse of the Soviet Union in Estonian Law Journals

Ms Pascaline le Polain                     Prof. Nathalie Tousignant

University Saint-Louis in Brussels            

Vector of the Doctrinal Construction of Customary Low in Belgian Congo during the 1930s?

Bulletin des juridictions indigènes et du droit coutumier congolais

Panel 2.3

Thinking about Ourselves: Legal Historiography and Identity

Prof. Luigi Lacché

University of Macerata

A new way to understand the nineteenth-century Italian legal culture

the Eclectic Canon between national identity and comparative history

Prof. Ricardo Sontag

Federal University of Minas Gerais

Influences, transplants and similar concepts or questions for the writing of Brazilian legal history

Dr Agustin Parise

University of Maastricht

Comparative Legal History

An Autonomous Discipline that Helps to Evaluate the Instrumentality of Law

Dr Jacek Srokosz

Opole University

Could a Community’s Identity be Shaped Through Law?

3:30 p.m. – 4:00 p.m.        coffee break

4:00 p.m. – 5:30 p.m.        Panel Session III 

Panel 3.1

Frontiers of Knowledge in Early and Medieval Law

Dr Valerio Massimo Minale

Bocconi University in Milano

Rome's Eastern Frontier and Trade Law in Late Antiquity: Regulating the Market of Silk

Justice Jeroen M. J. Chorus

Amsterdam Court of Appeal

The role of possession under the Libri feudorum

Ms Anna Clara Lehmann Martins

Federal University of Santa Catarina

Uses of Augustine’s writings by Hincmar of Rheims

Shaping the legal identity of the Carolingian king through transplantation

Panel 3.2

Law, Gender and Local Legal Family

Prof. Sanita Osipova

University of Latvia

"The Political Platform of the Latvian People’s Council” of 17 November 1918 of the Republic of Latvia People’s Council as the founder of gender equality tradition in Latvia

within the discourse of European ideas on gender equality

Assoc. Prof. Gwen Hoerr Jordan

University of Illinois

"A Woman of Strange, Unfathomable Presence”

Ida Platt’s Lived Experience of Race, Gender, and Law, 1863-1939

Dr Zhu Ming-zhe

China University of Political Science and Law

In the Name of the Republic: Theories and Practices of Family Reform in the “Republican Moments"

Panel 3.3

Self-conception and Reform in the Early 20th Century

Prof. Marju Luts-Sootak                             Dr Hesii Siimets-Gross

University of Tartu

Legal Act as an Instrument for the Unification of a Nation from Inside

Discussions about Estonian Civil Code 1936/40 from a Comparative Perspective

Dr Ewa Kozerska                                         Dr Tomasz Scheffler

Opole University                                          University of Wrocław

From the Second to the Third Republic of Poland

Breakthroughs in the Political and Legal System as a Relevant Question in the Discussion on the Nature of Law

Ms Veronica Corcodel

Sciences Po Toulouse

Revisiting Legal Instrumentalism

Modern Law and Otherness in Pre-War Twentieth-Century Comparative Legal Thinking

5:30 p.m. – 7:30 p.m.        Debate

8:00 p.m.                             Dinner

Day Three 30 June 2016

Pomeranian Park of Science and Technology in Gdynia

8:00 a.m. – 8:30 a.m.        buses departures from Gdańsk

9:00 a.m. – 9:40 a.m.        General Assembly of ESCLH members

9:40 a.m. – 10:40   a.m.   Plenary Session I

Pragmatism in law as a trap

Premodern divided ownership in modern legal history of Estonia

Chair

Professor of Legal History Jan Hallebeek

VU University Amsterdam

Keynote Speaker 

Professor of Legal History Marju Luts-Sootak 

University of Tartu

Commentator

Professor of Comparative Legal History Heikki Pihlajamäki

University of Helsinki

10:40 a.m. – 11:00 a.m.   coffee break

11:00 a.m. – 12:30 p.m.   Panel Session IV

(all panel sessions: 20 min for each paper & 10 min discussions following each paper)

Panel 4.1

Identity within and across legal systems

Dr Matthew Dyson

University of Cambridge

Proceed and feedback: legal procedure and legal development

Dr Albert Ruda

University of Girona

The change of course concerning legal causation under Spanish law.

Rise and demise of a legal transplant?

Mr Miloš Vukotić

University of Belgrad

Punishment in the Law of Tort

Panel 4.2

Private Law Movements from Rome to Today

Prof. Barbara Biscotti

University of Milano-Bicocca

Humanity as Core Issue of Law Post - Postmodern Methodologies in  Roman Law

Dr Aleksander Grebieniow

University of Fribourg

Unfair Advantage - An Intriguing Example of Legal Transformation in the Swiss Private Law

Dr Łukasz Jan Korporowicz

University of Łódź, Poland

Influence of the Roman Law in the House of Lords Judgments Regarding Delictual (Tortious) Liability

Panel 4.3

Commerce and Craft

Prof. Steven Robert Wilf

University of Connecticut

Reluctant Legal Transplant: Moral Rights and Dignitas in an Age of Artistic Transformation

Dr Ana Santos Rutschman

Duke University

Translating Intellectual Property into the Digital Environment: Law and Cultural Production in Europe and the United States

Mr Sebastian Krafzik                     

University of Leuven

The historical development of banking regulation in the West European legal tradition (ca. 1800 – 1950)

12:30 p.m. – 1:30 p.m.     lunch

1:30 p.m. – 3:30 p.m.        Panel Session V

Panel 5.1

Codification as Nationalization or Denationalization of Law (I): Europe and America

Chair

Prof. Aniceto Masferrer

University of Valencia

Dr Isabel Ramos Vázquez

University of Jaén

Legal instrumentalism in the 19th century prison reform (Unites States & Europe)

Prof. Diego Nunes

Federal University of Uberlândia

The “Code Pénal” in the itinerary of the Criminal Codification in Latin America

“Influence” and circularity of models

Dr Gabriela Cobo del Rosal

University Rey Juan Carlos in Madrid

The influence of the French juridical thought in the development of the concepts of fraud and fault in the Spanish Criminal code process

Prof. Juan B. Cañizares-Navarro

CEU Cardenal Herrera University in Valencia

The infamous penalties in the Spanish Criminal Codes of the 19th century

 National and/or Foreign Content?

Panel 5.2

Commercial Law in Europe: Of Glaciers, Codes, Merchants and Consumers

Chair:

Prof. Dave De ruysscher

Free University of Brussels

Dr Sean Thomas

Durham University

English Commercial Law: Chasing Shadows

Dr Johannes Flume

Eberhard Karls University of Tübingen

German Commercial Law: Rise and Fall

Dr Anna Klimaszewska

University of Gdańsk

Code de commerce as an instrument of transformation of the Polish economic reality in the 19th century

Dr Janwillem (Pim) Oosterhuis

Maastricht University

Dutch Commercial Law: From Commercial Sale to Consumer Sale?

Panel 5.3

Strategies, Policies and Ideologies in the Field of Public Law

Prof. Harry Willekens

University of Hildesheim & University of Hannover

How to make the law fit for capitalism?

Comparing English and Continental legal strategies

Prof. Marek Maciejewski

University of Wrocław

The leader, the nation and race: Ideological premises of the Nazi concept of law

Dr Ivan Kosnica

University of Zagreb

Local citizenship on Croatian-Slavonian legal area in the first Yugoslavia (1918-1941): breakdown of a concept?

Dr Thomas Mohr

University College Dublin

The Privy Council Appeal and British Imperial Policy, 1833-1939

3:30 p.m. – 3:45 p.m.        coffee break

3:45 p.m. – 5:45 p.m.        Panel Session VI

Panel 6.1

Codification as Nationalization or Denationalization of Law

Europe (France, Belgium, Italy and Spain)

Prof. Aniceto Masferrer

University of Valencia

Codification as Nationalization or Denationalization of Law

 A Critical and Comparative Approach to the Spanish Case

Prof. Dirk Heirbaut

Ghent University

Codification as Nationalization or Denationalization: The Belgian Case

Prof. Yves Cartuyvels

University Saint-Louis in Brussels

The Belgian criminal Code of 1867: a national process under international influence 

Dr Stefano Vinci

University of Bari Aldo Moro

The Italian criminal code of 1889: Originality and influences from the transalpine models

Panel 6.2

Marriage in Different Cultures

Assoc. Prof. Mišo Dokmanović

Ss. Cyril and Methodius University in Skopje

Law as an Instrument of Social Change: the Transformation of Marriage in Post-World War II Macedonia (1945 – 1953)

Assoc. Prof. Zsuzsanna Peres

National University of Public Service in Budapest

The Marriage Property Rights of the Hungarian Noble Women in Comparative Context

Mr Omer Aloni

Tel Aviv University

Bigamy, Polygamy and Legal Orientalism in Comparative Study of Early Israeli Law

Ms Louisa Stella de Oliveira Coutinho Silva

University of Lisbon

Marring in the Colonial Brazil: White, Black and Indian Cultures and the Formation of the Brazilian Identity

Panel 6.3

The Flow of Legal Doctrine in Time and Space

Prof. Arno Dal Ri Jr.

Federal University of Santa Catarina

Mancini in South America

The Principle of Nationality on the testing bench of Argentinian and Brazilian legal doctrines

Prof. Assaf Likhovsky

Tel Aviv University

An Elusive Legacy: Polish Lawyers and Israeli Law

Prof. Jerzy Kolarzowski

University of Natural Sciences & Humanistics in Siedlce

Idea of tolerances in 17th Europe

Ms Katharina Isabel Schmidt

Yale Law School & Princeton University

A Tale of Two Naturalisms

Law’s Instrumentality in the Minds of Early 20th Century German and American Alternative Jurists

Mr Airton Ribeiro da Silva Júnior

University of Florence

“Evolution of international law”: conceptions of international law in early-twentieth-century Brazil

Panel 6.4

Mixed Legal Traditions and Identities

Prof. Nir Kedar

Sapir Academic School of Law & Bar-Ilan University

Law as an Agent of Modernization and National Identity: The Case of Israel

Dr Paul Swanepoel

University of KwaZulu-Natal in Durban

Judicial Identities in Tanganyika, 1920-1961

Mr Chiming Zhong

University of Edinburgh

Human Rights, Modernity and Confucianism

Ms Zülâl Muslu

University of Paris Ouest Nanterre & Max Planck Institute for European Legal History

Preventing the Ottoman sovereignty or digging the grave of an Empire?

The Ottoman mixed commercial courts: The roots of the Nation-state building

6:00 p.m. – 7:50 p.m. Prominent Jurists Lawyers Debate & Poster Session

I Prominent Polish Jurists and Lawyers Debate

Przemiany polskiego prawa i kultury prawnej na przełomie XX i XXI w. w perspektywie porównawczej

[Transformations in Polish Law and Legal Culture at the Turn of 20th and 21th Century in Comparative Perspective]

Prof. Ewa Łętowska

First Polish Commissioner for Citizens' Rights

Emeritus Justice of the Polish Constitutional Tribunal

Emeritus Justice of the Polish Supreme Administrative Court

Full Member of the Polish Academy of Sciences

Justice Jerzy Stępień

Emeritus President of the Polish Constitutional Tribunal

Vice-Rector of Łazarski University in Warsaw

II Poster Session

Ms Victória Gyönki

Eötvös Loránd University in Budapest

’Verðr sekr’ – Different Narrations of Outlawry in Medieval Icelandic Sources

Dr Jiri Brňovják                                Dr Marek Starý

University of Ostrava                       Higher School of Finance and Administration in Prague

Changes in the Legal Institution of the Inkolat in the Bohemian Crown Lands during the Early Modern Period as a Reflection of Changing Political Circumstances and Modernization of State and Society

Dr Sara Pilloni

University of Trieste

The evolution of (contractual) “third-party” notion beyond the relativity of contracts’ principle

the contribution of Legal History in the identification of a methodological approach

Ms Alexandra Aytova

University of Sofia "St.Kliment Ohridski" 

Culture identity of Bulgarian legal system (1878 – 1912)

Ms Raquel Razente Sirotti

Federal University of Santa Catarina

Between monument and instrument: the criminal codes of 1830 and 1890 and the built of criminal legal identities in Brazil

Ms Alba Moreira Salles

Federal University of Minas Gerais

Jose Hyginos's Translation of "Lehrbuch des deutschen Strafrerchts" by Franz von Liszt's

A History of Relations between Brazilian and German Criminal Law Culture

Mr Wojciech Bańczyk

Jagiellonian University

Whose right to own mineral resources?

Analysis of the right of the state, the landowner and the community on the example of Agri South Africa v. Minister for Minerals and Energy (2013) in a comparative legal history perspective

8:00 p.m.                             dinner

Day Four 1 July 2016

Faculty of Law and Administration, University of Gdańsk in Gdańsk-Oliwa

8:00 a.m. – 8:30 a.m.        buses departure from Gdańsk

9:00 a.m. – 10:30 a.m.      Panel Session VII

(all panel sessions: 20 min for each paper & 10 min discussions following each paper)

Panel 7.1

Functional Constitutionalism (I): High Points in the Low Countries 

Prof. Frederik Dhondt

Free University of Brussels & Ghent University

Legal Literacy and Political Activism From Below: the Case of Jan Joseph Raepsaet (1787-1815)

Dr Klaas Van Gelder

Ghent University

Legal Threat versus Constitutional Opportunity

The Treaty of The Hague (1790) and its Reception in Brabant and Flanders

Dr Brecht Deseure

Free University of Brussels & Passau University

The Radical Potential of the Ancient Constitution in the Belgian Revolution

Panel 7.2

19th Century Private Law ‘Modernisation’

Prof. Heikki Pihlajamäki

University of Helsinki

Law and the new world: codification and modernization in the nineteenth century

Assoc. Prof. Dmitry Poldnikov

Higher School of Economics in Moscow

Why generalize contract law?

Debates around some key arguments in the 19th century France, Germany and Russia

Ms Julie Rocheton

University Pantheon-Assas Paris 2

An endeavor to improve the legal reality: the 19th century United-States Civil Codes

Panel 7.3

Migrations of People, Ideas and Legal Power

Prof. Francesca De Rosa                            Prof. Francesco Mastroberti

University of Naples Federico II                University of Bari Aldo Moro

The policy of migrations in Italy: continuity or discontinuity?

Assoc. Prof. Balázs Pálvölgyi

Széchenyi István University in Budapest

Migration policy without room for manoeuvre

Direct impact on Hungarian migration policy of the 1870 Agreement on Citizenship between US and Austria-Hungary (1880s-1914)

Dr Virginia Amorosi

University of Naples Federico II

European Legal Culture and Workers Issues

The Construction of a Modern Western Knowledge to Keep Control

10:30 a.m. – 11:00 a.m.   coffee break

11:00 a.m. – 12:30 p.m.   Panel Session VIII

Panel 8.1

Axiological Constitutionalism (II): 19th Century Identity Building

Dr Imre Képessy

Eötvös Loránd University in Budapest & Széchenyi István University in Győr

National Modernization through the "Constitutional Revolution" of 1848 - Pretext and Context

Mr Stefan Huygebaert

Ghent University

Comparative Legal Iconography: the Decisive Constitutional Moment as an Analytical Tool for Constitutional History

Dr Judit Beke-Martos

Ruhr University in Bochum

Restoring the Historical Constitutional Order with a Coronation in 1867

Panel 8.2

Culture, Conformity and Coding in Legal Phenomena

Mrs Caroline Laske

Ghent University

Language as carrier of culture - comparative and historical perspectives

Dr Vanessa Duss Jacobi, Advocate

University of Lucerne

Coding Cultures – parallelisation patterns in forming of collective identities

Mr Henrik Forshamn

Uppsala University

Swedish legal education, Roman law and legal history

Panel 8.3

Law and Democracy

Assoc. Prof. Judithanne Scourfield McLauchlan

University of South Florida in St. Petersburg

The Impact of Decisions of the European Court of Human Rights on Legal and Judicial Reform in the Republic of Moldova

Assoc. Prof. Vladimir Valeryevich Kochetkov

International Slavonic Institute in Moscow

The Russian Values and Constitutional Democracy

 

Assoc. Prof. László Komáromi

Pázmány Péter Catholic University in Budapest

Transplantation of Direct Democracy? The Case of Oregon

                                                                    

12:30 p.m. – 1:30 p.m.     lunch

1:30 p.m. – 3:30 p.m.        Panel Session IX

Panel 9.1

‘Public’ as Identity and as Locus of Change

Prof. Bart Wauters

IE University in Madrid – Segovia

Liberty, Equality and Property

Property as an instrument of liberty and equality in an age of Revolution

Prof. Valdis Bluzma

Turiba University in Riga

The Peasant Laws of Baltic Governorates in XIX Century and Their Role in Formation of Latvian and Estonian Nations

Dr Paulo Potiara del Alcantara Veloso

Regional Community University Chapecó & Faculty Cesucs in Florianopolis

Migration, Law Innovation and the Infidel World

 the instrumental face of European civilizing presumptions under the universalized ius gentium of Francisco de Vitoria

Ms Kamila Staudigl-Ciechowicz

University of Vienna

How to deal with inconvenient scholars? Public services law and the creation of national identity

Panel 9.2

Institutions and Politics

Assoc. Prof. Sunita Jogarajan

Melbourne Law School

The Role of the League of Nations in the Development of Double Tax Agreements

Dr Tzung-Mou Wu

Academia Sinica in Taipei City

Comparative Legal History for the Rights of Indigenous People

Mr Francesco Campodonico

University of Genoa

 The recall of MPs in Great Britain: may a legal institute be the end of a secular political culture?

Ms Marjorie Carvalho de Souza

University of Naples Federico II

The Creation of the Court of Auditors in the First Republic in Brazil and its Interaction with European Legal Systems

Panel 9.3

Constitutional History, Authoritarian Rule and Transition to Democracy in Brazil and Comparative Perspectives

Prof. Cristiano Paixão

University of Brasilia

Constitutional History and Transitional Justice in Contemporary Brazil: Towards a Politics of Time

Prof. Leonardo Barbosa

University of Brasilia

Constitutional Politics during the Brazilian Civil-Military Dictatorship

The Constitution as a Tool for Authoritarian Reform and for Political Transition

Ms Claudia Paiva Carvalho

University of Brasilia

Transitional Justice and Sexual Crimes in Latin America

An Analysis of Brazil and Comparative Perspectives

Ms Maria Pia Guerra

University of Brasilia

Social Conflict and the Brazilian Transacted Transition

3:30 p.m. – 4:00 p.m.        buses departures from Gdańsk-Oliwa to Old Town of Gdańsk